N68335-17-R-0411.docx

DOCX document 86 KB Posted

Attached to
MQ-8C Peculiar Support Equipment
Solicitation number
N68335-17-R-0411
Issued by

About this file

Solicitation

View the file

Other files

File Type Posted
EVALUATION_PLAN_RFQ.docx DOCX document

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

N6833517R0411

Section A - Solicitation/Contract Form

SUPPLEMENTAL INFORMATION

SUPPLEMENTAL INFORMATION

(1) This solicitation is for a four year Fixed Price (FP) Indefinite Delivery Indefinite Quantity (IDIQ) contract for the MQ-8C Fire Scout Unmanned Aircraft Systems (UAS) Program, part number 3574AS530-1 MQ-8 Engine Wash Hose, and part number 4135AS0110-1 Set, Fuel Sample, as outlined in this solicitation package.

(2) This procurement is a 100% Small Business Set Aside.

(3) Export Controlled Drawings will be provided once a valid and current copy of the contractor’s DD Form 2345, Military Critical Technical Data Agreement is provided to the Contract Specialist via email to matt.kasperavicius@navy.mil

(4) The Contractor shall fabricate one (1) P/N 4135AS0110-1 Set, Fuel Sample as first article set for Government evaluation.

(5) The contract overall maximum is outlined in per Section I, Clause 5252.216-9506 “Minimum and Maximum Quantities” and Clause 52.216-19 “Order Limitations”.

(6) Offerors shall submit proposals to the following address below. Earlier submissions are encouraged and shall be accepted at no additional cost to the Government.

NAVAL AIR WARFARE CENTER AD (LKE)

Code 2.5.2.5.3, Matt Kasperavicius Highway 547, Building 562-3 Joint Base MDL, NJ 08733 Matt.kasperavicius@navy.mil

(7) The Ordering periods are as follows:

Year One (1) is from date of contract award through 365 days after contract award.

Year Two (2) is 365 days after contract award through 730 days after contract award.

Year Three (3) is 730 days after contract award through 1,095 days after contract award.

Year Four (4) is 1,095 days after contract award through 1,460 days after contract award.

Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

MQ-8 Engine Wash Hose

FFP

P/N: 3574AS530-1

Year 1 In accordance with Statement of Work Section C

Range Quantities

Quantity 1-2 each Unit Price$ __________ Quantity 3-4 each Unit Price$ __________ Quantity 5 each Unit Price$ __________ FOB: Destination

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Set, Fuel Sample

P/N: 4135AS0110-1

First Article Unit In accordance with Statement of Work Section C

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Set, Fuel Sample

P/N: 4135AS0110-1

Year 1 In accordance with Statement of Work Section C

Range Quantities

Quantity 1-2 each Unit Price$ __________ Quantity 3-4 each Unit Price$ __________

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

MQ-8 Engine Wash Hose

P/N: 3574AS530-1

Year 2 In accordance with Statement of Work Section C

Range Quantities

Quantity 1-2 each Unit Price$ __________ Quantity 3-4 each Unit Price$ __________

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Set, Fuel Sample

P/N: 4135AS0110-1

Year 2 In accordance with Statement of Work Section C

Range Quantities

Quantity 1-2 each Unit Price$ __________ Quantity 3-4 each Unit Price$ __________

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

MQ-8 Engine Wash Hose

P/N: 3574AS530-1

Year 3 In accordance with Statement of Work Section C

Range Quantities

Quantity 1-2 each Unit Price$ __________ Quantity 3-4 each Unit Price$ __________

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Set, Fuel Sample

P/N: 4135AS0110-1

Year 3 In accordance with Statement of Work Section C

Range Quantities

Quantity 1-2 each Unit Price$ __________ Quantity 3-4 each Unit Price$ __________

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

MQ-8 Engine Wash Hose

P/N: 3574AS530-1

Year 4 In accordance with Statement of Work Section C

Range Quantities

Quantity 1-2 each Unit Price$ __________ Quantity 3-4 each Unit Price$ __________

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Set, Fuel Sample

P/N: 4135AS0110-1

Year 4 In accordance with Statement of Work Section C

Range Quantities

Quantity 1-2 each Unit Price$ __________ Quantity 3-4 each Unit Price$ __________

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

MQ-8 Engine Wash Hose & Set, Fuel Sample 24 July 2017

1.0 INTRODUCTION

This Statement of Work (SOW) addresses the requirements and tasks associated with the production and delivery of MQ-8 Engine Wash Hoses, part number (P/N) 3574AS530-1; and Set, Fuel Sample, P/N 4135AS0110-1, for the MQ-8C Fire Scout Unmanned Aircraft Systems (UAS) Program. These Support Equipment (SE) end items are integral for the full complement of SE needed for initial outfitting of MQ-8C Squadrons to perform scheduled and unscheduled maintenance on the MQ-8C Aircraft.

The program is requesting a four-year, Indefinite Delivery/Indefinite Quantity (IDIQ) type procurement.

P/N
NOMENCLATURE
Year 1 Min. Qty.

Year 1 Max. Qty.

Year 2 Max. Qty.

Year 3 Max. Qty.

Year 4 Max. Qty.

3574AS530-1
MQ-8 Engine Wash Hose
3
5
5
5
4135AS0110-1
Set, Fuel Sample
1
5
5
5

2.0 APPLICABLE DOCUMENTS

a) Drawing # 3574AS530, MQ-8 Engine Wash Hose

b) Drawing # 4135AS0110, Set, Fuel Sample

c) MIL-STD-130N – Identification Marking of U.S. Military Property

d) Drawing # 3909AS9999 Rev B, Identification Plate for Support Equipment/UID Markings

3.0 REQUIREMENTS

3.1 General

The Contractor shall manufacture and deliver the items above in accordance with this SOW, the government-furnished drawing packages, and the requirements of the contract.

Year 1 quantities can be ordered from date of IDIQ award through 365 days Year 2 quantities can be ordered from date of IDIQ award through 730 days Year 3 quantities can be ordered from date of IDIQ award through 1095 days Year 4 quantities can be ordered from date of IDIQ award through 1460 days

3.2 First Article Unit (Set, Fuel Sample)

The Contractor shall fabricate and deliver one (1) first article Set, Fuel Sample within five months of contract award for Government evaluation (early delivery is acceptable and encouraged). The Government may choose to order additional production quantities after Government approval of the first article unit. The Contractor shall not proceed with production of follow-on quantities until authorization is provided by the Procuring Contracting Officer (PCO).

3.3 Quality Assurance

The Contractor shall have in place a production quality assurance (QA) system. 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 contract shall have passed a Government final inspection prior to DD-250.

3.4 Certificate of Conformance

The Contractor shall provide a Certificate of Conformance (COC) with each shipment certifying that each end item within the lot conforms to the government drawing package, this SOW, and the requirements of the contract. The COC shall be on company letterhead and signed by management. Each COC shall identify the part number, serial numbers, and quantities delivered with each shipment. If any items are found to be non-conforming, they shall be replaced at the Contractor’s expense.

3.5 Government Inspection and Acceptance

Government Inspection and Acceptance of the first article unit shall be performed by the MQ-8C Fire Scout Program (inspect/accept at Destination). Government Inspection and Acceptance of all subsequent production units shall be accomplished at the source by representatives of Defense Contract Management Agency (inspect/accept at Origin).

3.6 Item Unique Identification (IUID) Marking of US Military Property In accordance with DFARS Clause 252.211-7003 Item Identification and valuation, the Contractor is required to mark and register all end items and their components meeting the requirements called out in MIL-STD-130N. These include components for which the Governments unit acquisition cost is $5,000 or greater, or any component, subassembly or embedded part that is serially managed, mission essential or a controlled inventory item.

3.6.1 Construct and Method

Details on creating the UID and the marking method are contained in MIL-STD-130N. The UID may be either UID Construct #1 or Construct #2 with Construct #2 being the preferred method.

3.6.2 UID Location and Marking

The locations and marking methods selected should bear no impact on the performance of the part and minimal configuration change(s) to the part. The UID (including 2D Matrix) should be incorporated onto the data plate in accordance with Drawing# 3909AS9999 Rev B (Identification Plate/UID Markings). If the 2D matrix can't be incorporated onto the data plate, a 2D matrix sticker can be applied onto the main data plate provided it can be done without covering any critical data. When the 2D Data Matrix is placed directly onto the data plate, the Part Number, Serial Number and CAGE human readable characters are not required. If the above cannot be accomplished, a separate data plate can be attached which contains the 2D Matrix plus the human readable characters for the Part Number, Serial Number and CAGE. This added data plate should be attached in close proximity to the main data plate.

3.6.3 Permanency and Legibility

The UID marking and identification plates, tags, or labels when used on equipment, parts, assemblies, subassemblies, units, sets, or groups shall be permanent during the normal life expectancy of the item and be capable of withstanding the environmental test and cleaning procedures specified for the item. Legibility shall be as required for ready readability as per MIL-STD-130N.

3.6.4 UID Registration

The prime Contractor has the responsibility to furnish Item Unique Identification (IUID) data to the IUID registry. Data submission of IUID data and acquisition cost should be via Wide Area Work Flow (WAWF), IUID XML file, IUID flat file or web entry. Additional information regarding data submission as well as the actual marking can be found at <http://www.acq.osd.mil/dpap/UID/>.

3.6.5 Records

The Contractor shall maintain an accurate, current list of UIDs for all manufactured items on this contract and supply to the Government upon request. The list shall include P/N, Serial #, CAGE, UID Location, Construct used, how it was marked and the registration method used.

3.7 Packaging, Preservation and Shipping

Packaging and preservation for shipping shall be IAW best commercial practices for long term preservation. Shipments shall be packaged and transported (FOB Destination) via safe, secure, reliable, and traceable means of transportation and provide protection from normal climatic/weather conditions and incidental mishandling during shipping to prevent any damage or loss during shipment. All shipments under this contract shall be addressed to:

Naval Air Warfare Center Aircraft Division Support Equipment Staging Facility Building 195 (Hangar 6) Highway 547 Lakehurst, New Jersey 08733 Mark For: MQ-8C Program Shipping POC: Debra Geib, 732-323-1955 *No Friday Deliveries

All exterior shipping containers/packaging shall at a minimum be marked with the following information: Part Number; Nomenclature; Quantity; Serial number(s); Contract Number; National Stock Number; and Manufacturer’s Name, Address, and CAGE Code.

MQ-8 Engine Wash Hoses shall be delivered within 3 months of contract award. Fuel Sample Sets shall be delivered within 5 months of contract award. Early deliveries are acceptable and encouraged.

4.0 POINTS OF CONTACT

Acquisition Point of Contact:

Amanda Tanzini Naval Air Warfare Center, Aircraft Division Highway 547, Code 6761400B120 Lakehurst, NJ 08733-5104

(732) 323-2922 or DSN 624-2922 E-Mail Address: amanda.j.tanzini@navy.mil

Technical Point of Contact:

Dominic Ziccardi Naval Air Warfare Center, Aircraft Division Highway 547, Code 486400B120 Lakehurst, NJ 08733-5104

(732) 323-1189 or DSN 624-1189 E-Mail Address: dominic.ziccardi@navy.mil

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

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:

[Insert specific instructions]

(c) In the event of any discrepancy in material shipped (overage, technical rejection, damage), the contractor shall, immediately upon request of the Contracting Officer, furnish disposition instructions. Normally, such disposition instruction shall be a properly completed Commercial Bill of Lading, which includes, but is not limited to, the mode of shipment, routing, special handling, and so forth.
(d) If the contractor is required to install equipment upon delivery, then the contractor shall inform the Government of the date of shipment from the contractor's facilities and the anticipated date of arrival at the site. This report shall be made no later than the actual date that the shipment is made from the contractor’s facilities. The report may be made by facsimile or e-mail, to the point of contact listed in Section G. All transportation, rigging, drayage, packing, unpacking, and handling necessary to accomplish the installation shall be the responsibility of the contractor.

Section E - Inspection and Acceptance

INSPECTION 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
Destination
Government
Destination
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

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
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 [insert the accepting authority].
(b) Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements.

Section F - Deliveries or Performance

F-1

NO FRIDAY DELIVERIES

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
3 mths. ADC

NAVAIR LAKEHURST

DEBRA GEIB

HWY 547 BLDG 195 SE STAGING AREA, HANGER 6

MARK FOR MQ-8C PROGRAM

LAKEHURST NJ 087333

732-323-1955

N68335

0002
5 mths. ADC

(SAME AS PREVIOUS LOCATION)

N68335

0003
5 mths. ADC

(SAME AS PREVIOUS LOCATION)

N68335

0004
3 mths. ADC

(SAME AS PREVIOUS LOCATION)

N68335

0005
5 mths. ADC

(SAME AS PREVIOUS LOCATION)

N68335

0006
3 mths. ADC

(SAME AS PREVIOUS LOCATION)

N68335

0007
5 mths. ADC

(SAME AS PREVIOUS LOCATION)

N68335

0008
3 mths. ADC

(SAME AS PREVIOUS LOCATION)

N68335

0009
5 mths. ADC

(SAME AS PREVIOUS LOCATION)

N68335

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
252.204-0001
Line Item Specific: Single Funding
SEP 2009
252.204-7006
Billing Instructions
OCT 2005
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7006WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions, as used in this clause--
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
___________________________________________________________________________
(Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
___________________________________________________________________________
(Contracting Officer: Insert inspection and acceptance locations or "Not applicable.")
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWFData 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.
5252.216-9506MINIMUM 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 and maximum quantity is is outlined in the table below:
CLIN
Year
Nomenclature
Part Number
Minimum

Quantity Maximum Quantity

0001
1
MQ-8 Engine Wash Hose
3574AS530-1
3
5
0002
1
Set, Fuel Sample
4135AS0110-1
1
5
0003
2
MQ-8 Engine Wash Hose
3574AS530-1
N/A
5
0004
2
Set, Fuel Sample
4135AS0110-1
N/A
5
0005
3
MQ-8 Engine Wash Hose
3574AS530-1
N/A
5
0006
3
Set, Fuel Sample
4135AS0110-1
N/A
5
0007
4
MQ-8 Engine Wash Hose
3574AS530-1
N/A
5
0008
4
Set, Fuel Sample
4135AS0110-1
N/A
5

Section I - Contract Clauses

52.204-7
System for Award Management
OCT 2016
52.204-13
System for Award Management Maintenance
OCT 2016
52.204-19
Incorporation by Reference of Representations and Certifications.
DEC 2014
52.209-4
First Article Approval--Government Testing
SEP 1989
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.211-5
Material Requirements
AUG 2000
52.216-18
Ordering
OCT 1995
52.216-19
Order Limitations
OCT 1995
52.216-22
Indefinite Quantity
OCT 1995
52.222-19
Child Labor -- Cooperation with Authorities and Remedies
OCT 2016
52.222-50
Combating Trafficking in Persons
MAR 2015
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
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
52.225-18
Place of Manufacture
MAR 2015
52.227-1
Authorization and Consent
DEC 2007
52.232-9
Limitation On Withholding Of Payments
APR 1984
52.232-23 Alt I
Assignment of Claims (May 2014) - Alternate I
APR 1984
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
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
52.234-1
Industrial Resources Developed Under Title III, Defense Production Act
SEP 2016
52.243-1
Changes--Fixed Price
AUG 1987
52.249-1
Termination For Convenience Of The Government (Fixed Price) (Short Form)
APR 1984
52.252-6
Authorized Deviations In Clauses
APR 1984
252.203-7002
Requirement to Inform Employees of Whistleblower Rights
SEP 2013
252.204-7000
Disclosure Of Information
OCT 2016
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7004 Alt A
System for Award Management Alternate A
FEB 2014
252.225-7002
Qualifying Country Sources As Subcontractors
DEC 2016
252.225-7007
Prohibition on Acquisition of United States Munitions List Items from Communist Chinese Military Companies
SEP 2006
252.225-7013
Duty-Free Entry--Basic (May 2016)
MAY 2016
252.243-7001
Pricing Of Contract Modifications
DEC 1991
52.213-4TERMS AND CONDITIONS -- SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS)(JAN 2017)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017)(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub.L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(ii) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).
(iii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015) (E.O. 11246).
(iv) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(v) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(vi) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(vii) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Las 108-77, 108-78 (19 U.S.C.3805 note)).
(2) Listed below are additional clauses that apply:
(i) 52.232-1, Payments (Apr 1984).
(ii) 52.232-8, Discounts for Prompt Payment (Feb 2002).
(iii) 52.232-11, Extras (Apr 1984).
(iv) 52.232-25, Prompt Payment (Jan 2017).
(v) 52.232-39, Unenforceability of Unauthorized Obligations (Jun 2013).
(vi) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013)
(vii) 52.233-1, Disputes (May 2014).
(viii) 52.244-6, Subcontracts for Commercial Items (Jan 2017).
(ix) 52.253-1, Computer Generated Forms (Jan 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016)(Pub.L. 109-282)(31 U.S.C. 6101 note)(Applies to contracts valued at $30,000 or more).
(ii) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Oct 2016)(E.O. 13126). (Applies to contracts for supplies exceeding the micro-purchase threshold.)
(iii) 52.222-20, Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 (May 2014)(41 U.S.C. chapter 65)(Applies to supply contracts over $15,000 in the United States, Puerto Rico, or the U.S. Virgin Islands).
(iv) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212) (Applies to contracts of $150,000 or more).
(v) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, unless the work is to be performed outside the United States by employees recruited outside the United States.)(For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.).
(vi) 52.222-37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212)(Applies to contracts of $150,000 or more).
(vii) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. chapter 67)(Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(viii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015)(22 U.S.C. chapter 78 and E.O. 13627)(Applies to all solicitations and contracts).
(B) Alternate I (Mar 2015)(Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies.
(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658)(Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).
(x) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017)(E.O. 13706)(Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))(xi) 52.213-4, Terms and Conditions - Simplified Acquisitions (Other than Commercial Items).
(xii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011)(E.O. 13423) (Applies to services performed on Federal facilities).
(xiii) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June 2016)(E.O. 13693)(applies to contracts for products as prescribed at FAR 23.804(a)(1)).
(xiv) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016)(E.O. 13693)(applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).
(xv) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007)(42 U.S.C. 8259b)(Unless exempt pursuant to 23.204, applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP) will be--
(A) Delivered;
(B) Acquired by the Contractor for use in performing services at a Federally-controlled facility;
(C) Furnished by the Contractor for use by the Government; or
(D) Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance.
(xvi) 52.223-20, Aerosols (June 2016)(E.O. 13693)(Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).
(xvii) 52.223-21, Foams (June 2016)(E.O. 13693)(Applied to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.
(xviii) 52.225-1, Buy American--Supplies (May 2014)(41 U.S.C. chapter 83)(Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold and the acquisition--
(A) Is set aside for small business concerns; or
(B) Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000.
(xix) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)(42 U.S.C. 1792)(Applies to contracts greater than $25,000 that provide for the provision, the service, or the sale of food in the United States.)
(xx) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Jul 2013). (Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) database as its source of EFT information.).
(xxi) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013). (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information.).
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. App. 1241)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d).))
(2) Listed below are additional clauses that may apply:
(i) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (June 2016)(Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system.
(ii) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015)(Applies to contracts over $35,000).
(iii) 52.211-17, Delivery of Excess Quantities (Sep 1989)(Applies to fixed-price supplies).
(iv) 52.247-29, F.o.b. Origin (Feb 2006) (Applies to supplies if delivery is f.o.b. origin).
(v) 52.247-34, F.o.b. Destination (Nov 1991) (Applies to supplies if delivery is f.o.b. destination).
(c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998). This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil.
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights --
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
52.252-2CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/ or http://farsite.hill.af.mil.
252.204-7012SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT INFORMATION (OCT 2016)
(a) Definitions. As used in this clause --
"Adequate security" means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
"Compromise" means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
"Contractor attributional/proprietary information" means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
"Controlled technical information" means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
"Covered contractor information system" means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
"Covered defense information" means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.wrchives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is --
(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or
(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.
"Cyber incident" means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
"Forensic analysis" means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
"Malicious software" means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
"Media" means physical devices or writing surfaces including, but not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.
"Operationally critical support" means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
"Rapidly report" means within 72 hours of discovery of any cyber incident.
"Technical information" means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data - Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering date, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security for all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:
(1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply:
(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.
(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.
(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:
(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations," (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer.
(ii)(A) The Contractor shall submit requests to vary from NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.
(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative but equally effective, security measure that may be implemented in its place.
(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.
(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provided meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline (https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.
(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.
(c) Cyber incident reporting requirement.
(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall --
(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and
(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.
(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC#) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.
(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.
(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.
(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.
(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.
(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD--
(1) To entities with missions that may be affected by such information;
(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
(3) To Government entities that conduct counterintelligence or law enforcement investigations;
(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .