N68335-19-R-0097_released_6-19-2019.docx

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Aircraft Armament Equipment (AAE) Repairs for Bomb Racks and Launchers
Solicitation number
N68335-19-R-0097
Issued by

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Solicitation N68335-19-R-0097

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N6833519R0097

Section A - Solicitation/Contract Form

POINTS OF CONTACT

CONTRACTING OFFICER

Kevin Smith Phone: 732-323-7789 E-Mail: Kevin.Smith11@navy.mil

CONTRACT SPECIALIST

Shannan Germond Phone: 732-323-2778 E-Mail: Shannan.Germond@navy.mil

This solicitation is set-aside for small business and is anticipated to result in multiple awards of Basic Ordering Agreements (BOAs). This Contract Line Item Number (CLIN) type utilized in orders resulting under this contract will be Fixed Price or Cost Plus Fixed Fee. Total orders placed against the BOAs shall not exceed $47,600,000 over five ordering periods (12-month base period, a 12-month second ordering period, a 12-month third ordering period, a 12-month fourth ordering period, and a 12-month fifth ordering period). There is no guaranteed minimum for the ordering periods.

The delivery orders will be solicited under NAICS code 336413 or 811219 depending upon the preponderance of the work. Offerors shall certify if they are a small business concern under one or both of these NAICS codes.

Unless otherwise specified in a specific order issued under the BOA, the terms and conditions of the BOA shall apply to each order issued under this BOA.

Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Each

Tear Down & Inspect

FFP

Provide tear down and inspection of the following Bomb Rack and Missile Launchers: ADU-299, ADU-830, AERO-1, AERO-7, BRU-14, BRU-15, BRU-32, BRU-33, BRU-36, BRU-38, BRU-41, BRU-42, BRU-55, BRU-59, BRU-65, BRU-70, ERU-119, LAU-7, LAU-115, LAU-116, LAU-117, LAU-118, LAU-127, M272, and M279.

FOB: Origin (Shipping Point)

PSC CD: J014

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Each

Repairs

Provide repairs to Bomb Rack and Missile Launchers: ADU-299, ADU-830, AERO-1, AERO-7, BRU-14, BRU-15, BRU-32, BRU-33, BRU-36, BRU-38, BRU-41, BRU-42, BRU-55, BRU-59, BRU-65, BRU-70, ERU-119, LAU-7, LAU-115, LAU-116, LAU-117, LAU-118, LAU-127, M272, and M279.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Each

Modification and/or Upgrade

Provide Bomb Rack and Missile Launcher Modifications and / or Upgrades on: ADU-299, ADU-830, AERO-1, AERO-7, BRU-14, BRU-15, BRU-32, BRU-33, BRU-36, BRU-38, BRU-41, BRU-42, BRU-55, BRU-59, BRU-65, BRU-70, ERU-119, LAU-7, LAU-115, LAU-116, LAU-117, LAU-118, LAU-127, M272, and M279.

PSC CD: K014

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Each

Manufacturing

Manufacturing of the following Bomb Rack and Missile Launchers: ADU-299, ADU-830, AERO-1, AERO-7, BRU-14, BRU-15, BRU-32, BRU-33, BRU-36, BRU-38, BRU-41, BRU-42, BRU-55, BRU-59, BRU-65, BRU-70, ERU-119, LAU-7, LAU-115, LAU-116, LAU-117, LAU-118, LAU-127, M272, and M279.

FOB: Destination

PSC CD: 1440

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Each

Data

Technial, Administrative / Financial Data in support of CLINs 0001-0004 in accordance with Exhibit A.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Each

ECP Modification Kit

Provide Bomb Rack and Missile Launcher ECP Modification Kits for: ADU-299, ADU-830, AERO-1, AERO-7, BRU-14, BRU-15, BRU-32, BRU-33, BRU-36, BRU-38, BRU-41, BRU-42, BRU-55, BRU-59, BRU-65, BRU-70, ERU-119, LAU-7, LAU-115, LAU-116, LAU-117, LAU-118, LAU-127, M272, and M279.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Each

OPSEC

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Lot

Engineering Support

Provide Engineering and Logistics Support Services for Bomb rack and Missile Launchers: ADU-299, ADU-830, AERO-1, AERO-7, BRU-14, BRU-15, BRU-32, BRU-33, BRU-36, BRU-38, BRU-41, BRU-42, BRU-55, BRU-59, BRU-65, BRU-70, ERU-119, LAU-7, LAU-115, LAU-116, LAU-117, LAU-118, LAU-127, M272, and M279.

NET AMT

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Each

Repairs

CPFF

NTE $15,000

Provide repair of the following Bomb Rack and Missile Launchers: ADU-299, ADU-830, AERO-1, AERO-7, BRU-14, BRU-15, BRU-32, BRU-33, BRU-36, BRU-38, BRU-41, BRU-42, BRU-55, BRU-59, BRU-65, BRU-70, ERU-119, LAU-7, LAU-115, LAU-116, LAU-117, LAU-118, LAU-127, M272, and M279.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Modification and/or Upgrade

Provide modification and/or upgrade of the following Bomb Rack and Missile Launchers: ADU-299, ADU-830, AERO-1, AERO-7, BRU-14, BRU-15, BRU-32, BRU-33, BRU-36, BRU-38, BRU-41, BRU-42, BRU-55, BRU-59, BRU-65, BRU-70, ERU-119, LAU-7, LAU-115, LAU-116, LAU-117, LAU-118, LAU-127, M272, and M279.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Manufacturing

Manufacturing of the following Bomb Rack and Missile Launchers: ADU-299, ADU-830, AERO-1, AERO-7, BRU-14, BRU-15, BRU-32, BRU-33, BRU-36, BRU-38, BRU-41, BRU-42, BRU-55, BRU-59, BRU-65, BRU-70, ERU-119, LAU-7, LAU-115, LAU-116, LAU-117, LAU-118, LAU-127, M272, and M279.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Each

ECP Modification Kit

Provide Bomb Rack and Missile Launcher ECP Modification Kits for: ADU-299, ADU-830, AERO-1, AERO-7, BRU-14, BRU-15, BRU-32, BRU-33, BRU-36, BRU-38, BRU-41, BRU-42, BRU-55, BRU-59, BRU-65, BRU-70, ERU-119, LAU-7, LAU-115, LAU-116, LAU-117, LAU-118, LAU-127, M272, and M279.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT

Lot

Engineering Support

Provide Bomb Rack and Missile Launcher Engineering Support for: ADU-299, ADU-830, AERO-1, AERO-7, BRU-14, BRU-15, BRU-32, BRU-33, BRU-36, BRU-38, BRU-41, BRU-42, BRU-55, BRU-59, BRU-65, BRU-70, ERU-119, LAU-7, LAU-115, LAU-116, LAU-117, LAU-118, LAU-127, M272, and M279.

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

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

First Article

NET AMT

Section C - Descriptions and Specifications

STATEMENT OF WORK

Th Statement of Work (SOW), Attachment 1, defines the tasking required to produce, repair, refurbishment, upgrade, test, and deliver the Aircraft Armament Equipment (AAE) Racks and Launchers. (Each awarded delivery order will contain the detailed SOW for that order).

The scope of work includes manufacturing and procurement of components, technical services, hardware, materials, facilities, equipment, planning, program management, supplier management, configuration and data management, quality assurance, testing, packaging, and delivery functions required to complete this effort as described in this SOW.

The Contractor shall provide supplies / repairs in accordance with Attachment (1), Statement of Work for Aircraft Armament Equipment Repair/Upgrade Program and as identified in each Delivery Order.

Data – The data to be furnished hereunder shall be in accordance with Exhibit A, Contract Data Requirements List, DD Form 1423 and will be identified in each Delivery Order when applicable.

The AAE equipment to be repaired and/or upgraded within this SOW includes the following products:

ADU-299
BRU-14
BRU-36
BRU-59
LAU-7
LAU-118
ADU-830
BRU-15
BRU-38
BRU-65
LAU-115
LAU-127
AERO-1
BRU-32
BRU-41
BRU-70
LAU-116
M272
AERO-7
BRU-33
BRU-42
ERU-119
LAU-117
M279

CLAUSES INCORPORATED BY FULL TEXT

C-TXT-ECMRA REQUIRED ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA) INFORMATION (NOV 2017)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the [NAMED COMPONENT] via a secure data collection site. Contracted services, excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:
(1) W, Lease/Rental of Equipment;
(2) X, Lease/Rental of Facilities;
(3) Y, Construction of Structures and Facilities;
(4) D, Automatic Data Processing and Telecommunications, IT and Telecom - Telecommunications Transmission (D304) and Internet (D322) ONLY.
(5) S, Utilities ONLY;
(6) V, Freight and Shipping ONLY.
The contractor is required to completely fill in all required data fields using the following web address "https://www.ecmra.mil."
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at "https://www.ecmra.mil."

Section D - Packaging and Marking

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.
5252.247-9514TECHNICAL DATA PACKING INSTRUCTIONS (NAVAIR)(SEP 1999)
Technical Data and Information shall be packed and packaged for domestic shipment in accordance with best commercial practices. The package or envelope should be clearly marked with any special markings specified in this contract (or delivery/task order), e.g., Contract Number, CLIN, Device No., and document title must be on the outside of the package. Classified reports, data and documentation, if applicable, shall be prepared for shipment in accordance with Defense Industrial Manual for Safeguarding Classified Information, DoD 5220.22M.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Origin
Government
Origin
Government
0002
Origin
Government
Origin
Government
0003
Origin
Government
Origin
Government
0004
N/A
N/A
N/A
Government
0005
Destination
Government
Destination
Government
0006
Origin
Government
Origin
Government
0007
Destination
Government
Destination
Government
0008
Origin
Government
Origin
Government
0009
Origin
Government
Origin
Government
0010
Origin
Government
Origin
Government
0011
Origin
Government
Origin
Government
0012
Origin
Government
Origin
Government
0013
Origin
Government
Origin
Government
0014
Origin
Government
Origin
Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2
Inspection Of Supplies--Fixed Price
AUG 1996
52.246-3
Inspection Of Supplies Cost-Reimbursement
MAY 2001
52.246-4
Inspection Of Services--Fixed Price
AUG 1996
52.246-5
Inspection Of Services Cost-Reimbursement
APR 1984
52.246-16
Responsibility For Supplies
APR 1984
5252.246-9514INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)
Inspection and acceptance of technical data and information will be performed by the Procuring Contracting Officer (PCO) or his duly authorized representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be evidenced by execution of an unconditional DD Form 250, Material Inspection and Receiving Report, as appropriate, and/or upon receipt of a second endorsement acceptance by the PCO on the attachment to this contract entitled NAWCTSD 4330/60 Data Item Transmittal/Acceptance/ Rejection Form. The attached form will not be used for high cost data such as drawings, specifications, and technical manuals.
5252.246-9517CONSTRUCTIVE ACCEPTANCE PERIOD (NAVAIR) (MAR 1999)
For the purpose of FAR Clause 52.232-25, "Prompt Payment", paragraph (a)(5)(i), Government acceptance shall be deemed to have occurred constructively on the 30th day after the contractor delivered the supplies or performed the services.

Section F - Deliveries or Performance

ADDITIONAL INFORMATION

Place of Performance and Period of Performance: Performance of orders and the period of performance of orders issued hereunder shall be in accordance with individual Delivery Orders.

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
N/A
N/A
N/A
N/A
0002
N/A
N/A
N/A
N/A
0003
N/A
N/A
N/A
N/A
0004
N/A
N/A
N/A
N/A
0005
N/A
N/A
N/A
N/A
0006
N/A
N/A
N/A
N/A
0007
N/A
N/A
N/A
N/A
0008
N/A
N/A
N/A
N/A
0009
N/A
N/A
N/A
N/A
0010
N/A
N/A
N/A
N/A
0011
N/A
N/A
N/A
N/A
0012
N/A
N/A
N/A
N/A
0013
N/A
N/A
N/A
N/A
0014
N/A
N/A
N/A
N/A
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
52.247-29
F.O.B. Origin
FEB 2006
52.247-34
F.O.B. Destination
NOV 1991
52.247-52
Clearance and Documentation Requirements-Shipments to DOD Air or Water Terminal Transshipment Points
FEB 2006
52.247-55
F.O.B. Point For Delivery Of Government-Furnished Property
JUN 2003
5252.247-9505TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)
Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibit A, attached hereto, and the following:
(a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below. Additionally, the technical data shall be delivered to the following cognizant codes, who are listed in Block 6 of the DD Form 1423.
(1) PCO, Code 2.5.2.6.3.
(2) ACO, Code To be completed upon award.
(b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO.
(c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6.
(d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.
(e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government.
(f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection.
(g) DD Form 1423, Block 14 Mailing Addresses: Please see CDRL Addressee List.

Section G - Contract Administration Data

252.204-7006
Billing Instructions
OCT 2005
252.232-7003
Electronic Submission of Payment Requests and Receiving Reports
DEC 2018

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Combo

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Invoice 2in1

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(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
To Be Completed Upon Award
Issue By DoDAAC
N68335
Admin DoDAAC**
To Be Completed Upon Award
Inspect By DoDAAC
To Be Completed Upon Award
Ship To Code
To Be Completed Upon Award
Ship From Code
To Be Completed Upon Award
Mark For Code
To Be Completed Upon Award
Service Approver (DoDAAC)
____
Service Acceptor (DoDAAC)
____
Accept at Other DoDAAC
____
LPO DoDAAC
N/A
DCAA Auditor DoDAAC
N/A
Other DoDAAC(s)
____

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(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.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

5252.201-9500TECHNICAL POINT OF CONTACT (TPOC)(NAVAIR)(SEP 2012)
(a) The Technical Point of Contact (TPOC) for this contract is: To Be Completed Upon Award
(b) This individual is not a Contracting Officer nor a Contracting Officer's Representative (COR)/Task Order COR (TOCOR) and has no authority to make changes, verbally or otherwise, to the existing contract or order. Further, no authority has been delegated to this individual by the Procuring Contracting Officer (PCO).
(c) The contractor may use this technical POC for technical questions related to the existing contract or order. Also, as a representative of the requiring activity, the TPOC may perform or assist in such areas as: base access forms, security related issues, IT access requirements, Contractor Performance Assessment Reporting System (CPARS), clarification of technical requirements, and statement of work inquires.
(d) The contractor shall immediately notify the Procuring Contracting Officer in writing if the contractor interprets any action by the TPOC to be a change to the existing contract.
5252.204-9503EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007)
(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party might be considered to the extent permitted by law.
(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.
5252.232-9522TRANSPORTATION ACCOUNT CODES (NAVAIR) (OCT 2005)
(a) The contractor is responsible for placing the Government assigned Transportation Account Code (TAC) on shipping documentation to enable payment of transportation bills by the U.S. Government under contracts with F.O.B. origin terms.
(b) The applicable TAC for this contract is as follows: To Be Provided Upon Award.
(c) For shipments that will require use of military airlift, complete an Advance Transportation Control and Movement Document (ATCMD, DD Form 1384) and provide it to the cognizant Air Clearance Authority. Include the contract number and applicable TAC on the ATCMD. Also, ensure the ATCMD contains information for special requirements such as:
(1) Shipments to be accompanied by couriers or monitors;
(2) Shipments requiring special handling such as environmental control, hand-to-hand receipt, hazardous/dangerous cargo, short shelf life material, sensitive shipments and classified cargo;
(3) Shipments requiring expediting action or those that must move on a specific flight.
(d) The cognizant DCMA office may be contacted for additional information or assistance on preparation of shipping documents or other transportation concerns.
5252.242-9511CONTRACT ADMINISTRATION DATA (NAVAIR)(NOV 2017)
(a) Contract Administration Office.
(1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to: See the ADMINISTERED BY Block on the face page of the contract, modification, or order.
(b) Special Instructions (see FAR 42.202(b) and (c)):
(1) The following contract administration functions are retained (see FAR 42.302(a) and DFARS 242.302(a)):
Functions Retained
Retained for Performance By:
[Insert function from FAR 42.302(a) or DFARS 242.302(a)]
[Insert PCO, COR, Requiring Activity, or TPOC for each function.]

[Repeat as necessary.]

(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):
Additional Functions
Retained for Performance By:
[Insert function from FAR 42.302(b) or other function identified as necessary for administration of the contract.]
[Insert "See the ADMINISTERED BY Block on the face page of the contract, modification or order.”]

[Repeat as necessary.]

(c) Inquiries regarding payment should be referred to: MyInvoice through the Wide Area Workflow eBusiness Suite: https://wawf.eb.mil.

G-TXT-PAYPAYMENT INSTRUCTIONS (APR 2018)
For Government Use Only
Contract/Order Payment Clause
Type of Payment Request
Supply
Service
Construction
Payment Office

Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions—Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts

Cost Voucher
X
X
N/A
Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.
52.232-1, Payments
Navy Shipbuilding Invoice (Fixed Price)
X
N/A
N/A
Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-1, Payments;

52.232-2, Payments under Fixed-Price Research and Development Contracts;

52.232-3, Payments under Personal Services Contracts;

52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers

Invoice
X
X
N/A
Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.
52.232-5, Payments Under Fixed-Price Construction Contracts
Construction Payment Invoice
N/A
N/A
X
Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.
52.232-16, Progress Payments
Progress Payment*
X
X
N/A
Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress Payments are considered contract level financing, and the “contract price” shall reflect the fixed price portion of the contract per FAR 32.501-3.

52.232-29, Terms for Financing of Purchases of Commercial Items;

52.232-30, Installment Payments for Commercial Items

Commercial Item Financing*
X
X
N/A
Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).
52.232-32, Performance-Based Payments
Performance-Based Payments*
X
X
N/A
Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).
252.232-7002, Progress Payments for Foreign Military Sales Acquisitions
Progress Payment*
X
X
N/A
Allocate costs among line items and countries in a manner acceptable to the Administrative Contracting Officer.

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).

Section H - Special Contract Requirements

H.1 DELIVERY ORDER PROCEDURES

A. Authorized Contracting Officers.

(1) The following activity or individual(s) is/are designated as Contracting Office(s) / Officer(s): All Procuring Contracting Officers (N68335).

(2) The above activity or individual(s) is/are responsible for issuing and administering any orders placed hereunder. Contracting Officers may negotiate revisions/modifications to orders, but only within the scope of this BOA. Any deviation from the terms of the basic contract must be submitted to the Procuring Contracting Officer for contractual action.

B. DO terms and conditions.

(1) All DOs issued hereunder are subject to the terms and conditions of this BOA. The Government intends to issue BOAs to each and all qualifying Offerors. A qualifying Offeror is an Offeror that is determined to be a responsible source, submits a technically acceptable proposal that conforms to the requirements of the solicitation, and the PCO has no reason to believe would be likely to offer other than fair and reasonable pricing. To be eligible for a DO award, the Offeror must be a BOA awardee under the NAICS being solicited.

(2) Individual DOs may incorporate additional applicable clauses not incorporated in the basic BOA and will modify clauses that require fill in language into the DO. Such applicable clauses will pertain only to the individual DO and will be identified in the solicitation for that individual DO.

(3) The BOA shall control in the event of conflict with any DO in its entirety, including attachments.

(4) The BOA allows for DOs to be issued using the following contract types: Firm Fixed Price (FFP) and Cost Plus Fixed Fee (CPFF), or any combination of these contract types.

(5) All Contractors must provide a response to every DO requirement they want to be considered for award.

C. Ordering Procedures.

(1) Upon identification of a requirement, the Government will develop the appropriate requirements documents in the form of a Statement of Work (SOW), Statement of Objectives (SOO), or Performance Work Statement (PWS). Drawings, specifications and any additional technical data shall be provided for individual DOs as applicable.

(2) In addition to any other data that may be called for in the BOA, the following information shall be specified in each DO, as applicable:

· Type of order.

· Date of order.

· Contract and DO number.

· Applicable contract line item number(s) (CLINs).

· Description of the end item or service.

· DD Form 254 (Contract Security Classification).

· DD Form 1423 (Contract Data Requirements List).

· Place of performance.

· Inspecting and accepting terms.

· Contract type.

· List of Government furnished property.

· Invoice and payment provisions to the extent not covered by the contract.

· Accounting and appropriation data.

· Delivery schedule.

· Organizational Conflict of Interest provisions.

· Rights in Technical Data and Computer Software.

· Contract financing method. (Progress payments, as authorized)

D. DO Period of Performance.

The Period of Performance for each DO shall be identified at the DO level.

H.2 AWARD OF DELIVERY ORDERS

It is the policy of the Government to provide maximum practicable opportunities in its acquisitions to small businesses. Notwithstanding the requirements of FAR 16.505(b)(1), pursuant to FAR 19.502-4(c), DO Contracting Officers shall set-aside orders for requirements under the BOA for small business concerns.

Each individual requirement will be assessed to determine whether it is appropriate to be set-aside for small business. Pursuant to FAR 19.502-2(b), the assignment will be based on the TO/DO Contracting Officer’s determination whether a reasonable expectation exists that offers from two or more responsible small business concerns would be received and those offers would be competitive in terms of market prices, quality, and delivery.

Assignment of requirements as a small business set-aside fair opportunity order or an unrestricted fair opportunity order shall be determined after market research is conducted by the TO/DO Contracting Officer. Failure of small businesses to respond to market research inquiries may result in those requirements not being set aside for small business concerns.

Awardees of individual DOs are required to comply with the Section I clause 52.219-14 Limitations on Subcontracting (DEVIATION 2019-O0003). Offerors must satisfy the requirement to perform at least 50% of the cost of manufacturing the supplies, not including the cost of materials on DOs.

The applicable NAICS code and size standard shall be identified in the DO solicitation in accordance with the majority of the requirement. The possible NAICS codes include 336413 and 811219.

H.3 ROLLING ADMISSIONS

The objective of an on-ramp is to maintain competitive sources for DOs and/or to obtain access to additional capabilities, technologies and equipment related services. The objective of an off-ramp is to reduce administrative burden and costs for the Government and contractors and to maintain streamlined and efficient processes on the contract. The Government reserves the right to review all contracts under the BOA vehicle to determine if the need exists to add additional contractors, and/or to determine if it is appropriate to remove existing contractors.

The Contracting Officer may conduct market research to assess additional capabilities, technologies and equipment related services available in the open market. The Contracting Officer may also assess contractor performance and the amount of competition available. The Government may elect to evaluate the benefit of conducting an on-ramp on the BOA vehicle on an annual basis if it is in the best interest to the Government. The Government may conduct an on-ramp in any year of the BOA period of performance in order to maintain adequate competition or to obtain access to additional capabilities, technologies and equipment related services. If the Government elects to perform on-ramping at any point during the period of performance, on-ramping will be limited to small businesses.

During an on-ramp, offerors who are not already a BOA holder may be eligible to obtain a BOA. Current BOA contract holders shall not submit a proposal for a new BOA during the on-ramp and shall continue with their existing BOA.

The Government may conduct an on-ramp to the BOA in accordance with the following:

· Notice of an on-ramp solicitation and the on-ramp procedures will be publicized on the FedBizOpps website;

· The basis for a BOA award under the solicitation will be the same or similar to the original solicitation;

· The terms and conditions of any BOAs resulting from the solicitation will be the same or similar to the original existing BOAs;

· The ordering period of any new IDIQ contracts resulting from the solicitation will be coterminous with the ordering period of the existing BOAs;

· If issued a BOA resulting from the solicitation, any new contractors will be eligible to submit a proposal in response to a DO RFP with the same rights and obligations as any other contractor with a BOA.

The Government reserves the unilateral right to Off-Ramp non-performing Contractors. Contractors that are Off-Ramped have no active task orders at the time of the Off-Ramping.

Off-ramping methods may result from one of the following conditions:

· Permitting the Contractor’s Contract term to expire;

· Debarment, Suspension, or Ineligibility as defined in FAR Subpart 9.4;

· Termination as defined in FAR Part 49;

· Contractors who fail to meet the standards of performance, deliverables, or compliances;

· Taking any other action other than those permitted under the BOA terms and conditions.

H.4 ACCOUNTING SYSTEM RQMTS

(a) To be eligible for the award of any cost reimbursement type DO, or to receive progress payments on a firm fixed-price DO made on the basis of costs incurred by the contractor or on a percentage or stage of completion, any prime contractor must have an accounting system that is adequate to determine the costs allocable to the DO. In this case, the prime contractor shall include in its proposal:

(1) Evidence that its accounting system has been determined adequate and acceptable from a federal government entity for administration of a cost reimbursable type DO;

(2) State that some other determination regarding its accounting system has been made by a federal government entity; or

(3) State that its accounting system has not been reviewed by a federal government entity for adequacy and acceptability.

(b) If the conditions of (a)(3) above apply, the DO Contracting Officer will request a pre-award survey. It is requested that BOA prime contractors cooperate with the federal government entity to provide required information in a timely manner so as not to delay DO award.

(c) The DO Contracting Officer may request that BOA prime contractors demonstrate compliance with part (a) above prior to or after award of a cost reimbursement DO, or fixed-price DO which provide for progress payments made on the basis of costs incurred by the contractor or on a percentage or stage of completion.

5252.209-9510ORGANIZATIONAL CONFLICTS OF INTEREST (SERVICES) (NAVAIR)(MAR 2007)
(a) Purpose. This clause seeks to ensure that the contractor (1) does not obtain an unfair competitive advantage over other parties by virtue of its performance of this contract, and (2) is not biased because of its current or planned interests (financial, contractual, organizational or otherwise) that relate to the work under this contract.
(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor (as defined in paragraph (d)(7)) in the activities covered by this clause.
(1) The restrictions set forth in paragraph (e) apply to supplies, services, and other performance rendered with respect to the suppliers and/or equipment listed in Attachment [Insert attachment number]. [Insert either "Task orders issued under the contract" or "The contract"] will specify to which suppliers and/or equipment subparagraph (f) restrictions apply.
(2) The financial, contractual, organizational and other interests of contractor personnel performing work under this contract shall be deemed to be the interests of the contractor for the purposes of determining the existence of an Organizational Conflict of Interest. Any subcontractor that performs any work relative to this contract shall be subject to this clause. The contractor agrees to place in each subcontract affected by these provisions the necessary language contained in this clause.
(c) Waiver. Any request for waiver of the provisions of this clause shall be submitted in writing to the Procuring Contracting Officer. The request for waiver shall set forth all relevant factors including proposed contractual safeguards or job procedures to mitigate conflicting roles that might produce an Organizational Conflict of Interest. No waiver shall be granted by the Government with respect to prohibitions pursuant to access to proprietary data.
(d) Definitions. For purposes of application of this clause only, the following definitions are applicable:
(1) "System" includes system, major component, subassembly or subsystem, project, or item.
(2) "Nondevelopmental items" as defined in FAR 2.101.
(3) "Systems Engineering" (SE) includes, but is not limited to, the activities in FAR 9.505-1(b).
(4) "Technical direction" (TD) includes, but is not limited to, the activities in FAR 9.505-1(b).
(5) "Advisory and Assistance Services" (AAS) as defined in FAR 2.101.
(6) "Consultant services" as defined in FAR 31.205-33(a).
(7) "Contractor", for the purposes of this clause, means the firm signing this contract, its subsidiaries and affiliates, joint ventures involving the firm, any entity with which the firm may hereafter merge or affiliate, and any other successor or assignee of the firm.
(8) "Affiliates" means officers or employees of the prime contractor and first tier subcontractors involved in the program and technical decision-making process concerning this contract.
(9) "Interest" means organizational or financial interest.
(10) "Weapons system supplier" means any prime contractor or first tier subcontractor engaged in, or having a known prospective interest in the development, production or analysis of any of the weapon systems, as well as any major component or subassembly of such system.
(e) Contracting restrictions.
[ ] (1) To the extent the contractor provides systems engineering and/or technical direction for a system or commodity but does not have overall contractual responsibility for the development, the integration, assembly and checkout (IAC) or the production of the system, the contractor shall not (i) be awarded a contract to supply the system or any of its major components or (ii) be a subcontractor or consultant to a supplier of the system or of its major components. The contractor agrees that it will not supply to the Department of Defense (either as a prime contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem, or major component utilized for or in connection with any item or other matter that is (directly or indirectly) the subject of the systems engineering and/or technical direction or other services performed under this contract for a period of [Insert the period of prohibition] after the date of completion of the contract. (FAR 9.505-1(a))
[ ] (2) To the extent the contractor prepares and furnishes complete specifications covering nondevelopmental items to be used in a competitive acquisition, the contractor shall not be allowed to furnish these items either as a prime contractor or subcontractor. This rule applies to the initial production contract, for such items plus a specified time period or event. The contractor agrees to prepare complete specifications covering non-developmental items to be used in competitive acquisitions, and the contractor agrees not to be a supplier to the Department of Defense, subcontract supplier, or a consultant to a supplier of any system or subsystem for which complete specifications were prepared hereunder. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of these systems of their subsystems extends for a period of [Insert the period of prohibition] after the terms of this contract. (FAR 9.505-2(a)(1))
[ ] (3) To the extent the contractor prepares or assists in preparing a statement of work to be used in competitively acquiring a system or services or provides material leading directly, predictably and without delay to such a work statement, the contractor may not supply the system, major components thereof or the services unless the contractor is the sole source, or a participant in the design or development work, or more than one contractor has been involved in preparation of the work statement. The contractor agrees to prepare, support the preparation of or provide material leading directly, predictably and without delay to a work statement to be used in competitive acquisitions, and the contractor agrees not to be a supplier or consultant to a supplier of any services, systems or subsystems for which the contractor participated in preparing the work statement. The prohibition relative to being a supplier, a subcontract supplier, or a consultant to a supplier of any services, systems or subsystems extends for a period of [insert the period of prohibition] after the terms of this contract. (FAR 9.505-2(b)(1))
[ ] (4) To the extent work to be performed under this contract requires evaluation of offers for products or services, a contract will not be awarded to a contractor that will evaluate its own offers for products or services, or those of a competitor, without proper safeguards to ensure objectivity to protect the Government's interests. Contractor agrees to the terms and conditions set forth in the Statement of Work that are established to ensure objectivity to protect the Government's interests. (FAR 9.505-3)
[ X ] (5) To the extent work to be performed under this contract requires access to proprietary data of other companies, the contractor must enter into agreements with such other companies which set forth procedures deemed adequate by those companies (i) to protect such data from unauthorized use or disclosure so long as it remains proprietary and (ii) to refrain from using the information for any other purpose other than that for which it was furnished. Evidence of such agreement(s) must be made available to the Procuring Contracting Officer upon request. The contractor shall restrict access to proprietary information to the minimum number of employees necessary for performance of this contract. Further, the contractor agrees that it will not utilize proprietary data obtained from such other companies in preparing proposals (solicited or unsolicited) to perform additional services or studies for the United States Government. The contractor agrees to execute agreements with companies furnishing proprietary data in connection with work performed under this contract, obligating the contractor to protect such data from unauthorized use or disclosure so long as such data remains proprietary, and to furnish copies of such agreement to the Contracting Officer. Contractor further agrees that such proprietary data shall not be used in performing for the Department of Defense additional work in the same field as work performed under this contract if such additional work is procured competitively. (FAR 9.505-4)
[ ] (6) Preparation of Statements of Work or Specifications. If the contractor under this contract assists substantially in the preparation of a statement of work or specifications, the contractor shall be ineligible to perform or participate in any capacity in any contractual effort (solicited or unsolicited) that is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restrictions in this subparagraph shall not apply. Contractor agrees that it will not supply to the Department of Defense (either as a prime contractor or as a subcontractor) or act as consultant to a supplier of, any system, subsystem or major component utilized for or in connection with any item or work statement prepared or other services performed or materials delivered under this contract, and is procured on a competitive basis, by the Department of Defense with [insert the period of prohibition] after completion of work under this contract. The provisions of this clause shall not apply to any system, subsystem, or major component for which the contractor is the sole source of supply or which it participated in designing or developing. (FAR 9.505-4(b))
[ ] (7) Advisory and Assistance Services (AAS). If the contractor provides AAS services as defined in paragraph (d) of this clause, it shall be ineligible thereafter to participate in any capacity in Government contractual efforts (solicited or unsolicited) which stem directly from such work, and the contractor agrees not to perform similar work for prospective offerors with respect to any such contractual efforts. Furthermore, unless so directed in writing by the Contracting Officer, the contractor shall not perform any such work under this contract on any of its products or services, or the products or services of another firm for which the contractor performs similar work. Nothing in this subparagraph shall preclude the contractor from competing for follow-on contracts for AAS.
(f) Remedies. In the event the contractor fails to comply with the provisions of this clause, such noncompliance shall be deemed a material breach of the provisions of this contract. If such noncompliance is the result of conflicting financial interest involving contractor personnel performing work under this contract, the Government may require the contractor to remove such personnel from performance of work under this contract. Further, the Government may elect to exercise its right to terminate for default in the event of such noncompliance. Nothing herein shall prevent the Government from electing any other appropriate remedies afforded by other provisions of this contract, or statute or regulation.
(g) Disclosure of Potential Conflicts of Interest. The contractor recognizes that during the term of this contract, conditions may change which may give rise to the appearance of a new conflict of interest. In such an event, the contractor shall disclose to the Government information concerning the new conflict of interest. The contractor shall provide, as a minimum, the following information:
(1) A description of the new conflict of interest (e.g., additional weapons systems supplier(s), corporate restructuring, new first-tier subcontractor(s), new contract) and identity of parties involved;
(2) A description of the work to be performed;
(3) The dollar amount;
(4) The period of performance; and
(5) A description of the contractor's internal controls and planned actions, to avoid any potential organizational conflict of interest.
5252.211- 9510CONTRACTOR EMPLOYEES (NAVAIR)(MAY 2011)
(a) In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify themselves to avoid creating an impression to the public, agency officials, or Congress that such contractor personnel are Government officials. This can occur during meeting attendance, through written (letter or email) correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations where their contractor status is not obvious to third parties. This list is not exhaustive. Therefore, the contractor employee(s) shall:
(1) Not by word or deed give the impression or appearance of being a Government employee;
(2) Wear appropriate badges visible above the waist that identify them as contractor employees when in Government spaces, at a Government-sponsored event, or an event outside normal work spaces in support of the contract/order;

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