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N6833519R0297
Section A - Solicitation/Contract Form
GENERAL INFORMATION
CONTRACT SPECIALIST:
Kelly Gray
PHONE: 732-323-2287
EMAIL: kelly.gray1@navy.mil
GOVERNMENT TECHNICAL POC:
TBD
GOVERNMENT WAWF POC:
TBD
CONTRACTOR POC:
TBD AT TIME OF AWARD
This solicitation is for a contract to procure AR Modular RF brand name fifty (50) watt (W) radio frequency (RF) multi-band amplifiers on behalf of NAWCAD Special Communications Mission Solutions (SCMS) Division 4.11.4.
Offerors may submit questions requesting clarification of the solicitation requirements to Kelly Gray at kelly.gray1@navy.mil. All questions will be consolidated and answers will be sent to all offerors via the Federal Business Opportunities website. The offeror is expected to comply with all requirements of this Request for Proposal. It is requested that all questions be received within seven (7) days of the date this solicitation is posted.
EARLY AND PARTIAL DELIVERIES ARE ACCEPTABLE AND ENCOURAGED
VENDOR: IF ELECTRONIC EQUIPMENT, PLEASE MARK PACKAGE CONTAINING ELECTRONIC EQUIPMENT WITH THE “DO NOT SCAN” STICKER
RECEIVING DOCK HOURS ARE MONDAY THROUGH FRIDAY, 0630-1500 EST.
NAWCAD, Webster Field Annex at St. Inigoes, MD is designated as an operational restricted area. In accordance with the provisions of NASPAXRIVINST 5230.1A, foreign nationals must be escorted by Government personnel for the entire duration of a visit to such facility. As a result, be advised that a delivery truck driver intending to enter this facility with the purpose of delivering material/equipment contracted for in this purchase order/contract must be a U.S. citizen. It is operationally unfeasable and inefficient for the Government to provide 100% escort for foreign nationals in such instances.
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
50W MBR (30-512 MHZ) RF Amplifier
FFP
Part Number 1-60-934-500 FOB: Destination
PURCHASE REQUEST NUMBER: 1300772337
PSC CD: 5996
NET AMT
Section D - Packaging and Marking
CLAUSES INCORPORATED BY FULL TEXT
| 5252.223-9502 | HAZARDOUS MATERIAL (NAVAIR) (APR 2009) |
| (a) Packaging, Packing, Marking, Labeling and Certification of Hazardous materials for shipment by any mode or combination of transportation modes shall be prepared (properly classed, described, packaged, marked, labeled, transport vehicle placarded, etc.) for shipment in accordance with MIL-STD-129 and Title 49 Code of Federal Regulations (CFR), Part 100-199 as applicable. In the event of any contradictions between the documents, 49 CFR shall govern or the applicable modal transport regulation. |
| (b) In the event of a conflict between specific requirements in the contract or order and existing applicable modal transport regulations, the regulations shall take precedence. Under no circumstances shall the contractor knowingly use materials, markings or procedures that are not in accordance with laws and regulations applicable to the mode of transportation employed. |
| (c) To ascertain which Department of Defense, or local installation regulations, concerning hazardous materials may have impact on this contract, the contractor should contact: Environmental Director [TBD AT TIME OF AWARD]. |
| 5252.247-9503 | MARKING OF WARRANTED ITEMS (NAVAIR) (OCT 2005) | |
| (a) Each item covered by a warranty shall be stamped or marked in accordance with MIL-STD-129, Marking for Shipment and Storage, and MIL-STD-130, Identification Marking of U.S. Military Property, current at the date of award. Where this is impracticable, written notice shall be attached to or furnished with the warranted item. | |
| (b) Each item covered by a warranty shall have a written notice attached to or furnished with the warranted item, and marked with the following: | |
| | (1) National stock number or manufacturer's part number. |
| | (2) Serial number or other item identifier (if the warranty applies to uniquely identified items). |
| | (3) Contract number. |
| | (4) Indication that a warranty applies. |
| | (5) Manufacturer or entity (if other than the contractor) providing the warranty. |
| | (6) Date or time when the warranty expires. |
| | (7) Indication of whether or not attempted on-site repair by Government personnel will void the warranty. |
| 5252.247-9507 | PACKAGING 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. |
| 5252.247-9508 | PROHIBITED PACKING MATERIALS (NAVAIR)(JUN 1998) |
| The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use. |
| 5252.247-9509 | PRESERVATION, PACKAGING, PACKING AND MARKING (NAVAIR)(JUL 1998) |
| (a) Preservation, packaging and packing shall conform to prevailing industry standards for the type of commodity purchased under this contract. |
| (b) All packages will be clearly marked with applicable contract number/delivery order number, and will contain appropriate packing slip. All deliveries will be marked for and/or consigned as follows: |
COMMANDER, NAWCAD St. Inigoes ATTN: Receiving Officer, Bldg. 8115
M/F: TPOC
17598 Webster Field Road St. Inigoes, MD 20684
| (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 |
| Destination |
| Government |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
| 5252.246-9512 | INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005) |
| (a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by |
COMMANDER, NAWCAD St. Inigoes ATTN: Receiving Officer, Bldg. 8115
M/F: TPOC
17598 Webster Field Road St. Inigoes, MD 20684
(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
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
FOB: Destination
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 52.247-48 |
| F.O.B. Destination--Evidence Of Shipment |
| FEB 1999 |
Section G - Contract Administration Data
| 52.232-25 |
| Prompt Payment |
| JAN 2017 |
| 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.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(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.
(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(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 |
| Service Approver (DoDAAC) |
| N3555A |
| Service Acceptor (DoDAAC) |
| ____ |
| Accept at Other DoDAAC |
| ____ |
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(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.
TBD
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
| 5252.201-9500 | TECHNICAL POINT OF CONTACT (TPOC)(NAVAIR)(SEP 2012) |
| (a) The Technical Point of Contact (TPOC) for this contract is: TBD |
| (b) This individual is not a Contracting Officer nor a Contracting Officer's Representative (COR)/Task Order COR (TOCOR) and has no authority to make changes, verbally or otherwise, to the existing contract or order. Further, no authority has been delegated to this individual by the Procuring Contracting Officer (PCO). |
| (c) The contractor may use this technical POC for technical questions related to the existing contract or order. Also, as a representative of the requiring activity, the TPOC may perform or assist in such areas as: base access forms, security related issues, IT access requirements, Contractor Performance Assessment Reporting System (CPARS), clarification of technical requirements, and statement of work inquires. |
| (d) The contractor shall immediately notify the Procuring Contracting Officer in writing if the contractor interprets any action by the TPOC to be a change to the existing contract. |
| 5252.204-9503 | EXPEDITING 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. |
| 5252.211- 9510 | CONTRACTOR 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; |
| | (3) Clearly identify themselves as contractor employees in telephone conversations and in all formal and informal written and electronic correspondence. Identification shall include the name of the company for whom they work; |
| | (4) Identify themselves by name, their company name, if they are a subcontractor the name of the prime contractor their company is supporting, as well as the Government office they are supporting when participating in meetings, conferences, and other interactions in which all parties are not in daily contact with the individual contractor employee; and |
| | (5) Be able to provide, when asked, the full number of the contract/order under which they are performing, and the name of the Contracting Officer’s Representative. |
| (b) If wearing a badge is a risk to safety and/or security, then an alternative means of identification maybe utilized if endorsed by the Contracting Officer’s Representative and approved by the Contracting Officer. | |
| (c) The Contracting Officer will make final determination of compliance with regulations with regard to proper identification of contractor employees. | |
| 5252.242-9511 | CONTRACT 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: | |
N/A: No additional functions are retained besides the functions stated in FAR 42.302(a)
| (2) The following additional contract administration functions are assigned (see FAR 42.302(b)): |
| Additional Functions |
| Retained for Performance By: |
N/A: No additional functions are retained besides the functions stated in FAR 42.302(a)
(c) Inquiries regarding payment should be referred to: MyInvoice through the Wide Area Workflow eBusiness Suite: https://wawf.eb.mil.
| G-TXT-PAY | PAYMENT 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
| 52.245-1 |
| Government Property |
| JAN 2017 |
| 5252.216-9512 | PAPERLESS CONTRACTING (NAVAIR)(JUN 2009) |
| (a) Orders and requests for proposals are hereby authorized to be issued by facsimile or by electronic commerce (including e-mail and paperless methods of delivery). Nothing in this contract should be read to prohibit these types of orders. In the event of a conflict with any other provision of this contract, this clause shall govern. |
| (b) To the extent the terms "written", "mailed", or "physically delivered" appear in other provisions of this contract, these terms are hereby defined to explicitly include electronic commerce, email, or paperless delivery methods. |
| 5252.227-9511 | DISCLOSURE, USE AND PROTECTION OF PROPRIETARY INFORMATION (NAVAIR)(FEB 2009) |
| (a) During the performance of this contract, the Government may use an independent services contractor (ISC), who is neither an agent nor employee of the Government. The ISC may be used to conduct reviews, evaluations, or independent verification and validations of technical documents submitted to the Government during performance. |
| (b) The use of an ISC is solely for the convenience of the Government. The ISC has no obligation to the prime contractor. The prime contractor is required to provide full cooperation, working facilities and access to the ISC for the purposes stated in paragraph (a) above. |
| (c) Since the ISC is neither an employee nor an agent of the Government, any findings, recommendations, analyses, or conclusions of such a contractor are not those of the Government. |
| (d) The prime contractor acknowledges that the Government has the right to use ISCs as stated in paragraph (a) above. It is possible that under such an arrangement the ISC may require access to or the use of information (other than restricted cost or pricing data), which is proprietary to the prime contractor. |
| (e) To protect any such proprietary information from disclosure or use, and to establish the respective rights and duties of both the ISC and prime contractor, the prime contractor agrees to enter into a direct agreement with any ISC as the Government requires. A properly executed copy (per FAR 9.505-4) of the agreement will be provided to the Procuring Contracting Officer. |
Section I - Contract Clauses
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| MAY 2014 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.203-7 |
| Anti-Kickback Procedures |
| MAY 2014 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| MAY 2014 |
| 52.203-10 |
| Price Or Fee Adjustment For Illegal Or Improper Activity |
| MAY 2014 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| OCT 2010 |
| 52.203-17 |
| Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights |
| APR 2014 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-7 |
| System for Award Management |
| OCT 2018 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2018 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| OCT 2015 |
| 52.209-9 |
| Updates of Publicly Available Information Regarding Responsibility Matters |
| OCT 2018 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| NOV 2015 |
| 52.211-5 |
| Material Requirements |
| AUG 2000 |
| 52.215-8 |
| Order of Precedence--Uniform Contract Format |
| OCT 1997 |
| 52.215-14 |
| Integrity of Unit Prices |
| OCT 2010 |
| 52.215-23 Alt I |
| Limitations on Pass-Through Charges (Oct 2009) - Alternate I |
| OCT 2009 |
| 52.219-6 |
| Notice Of Total Small Business Set-Aside |
| NOV 2011 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2018 |
| 52.219-14 |
| Limitations On Subcontracting |
| JAN 2017 |
| 52.219-28 |
| Post-Award Small Business Program Rerepresentation |
| JUL 2013 |
| 52.222-1 |
| Notice To The Government Of Labor Disputes |
| FEB 1997 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| JAN 2018 |
| 52.222-20 |
| Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 |
| MAY 2014 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| SEP 2016 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| OCT 2015 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUL 2014 |
| 52.222-37 |
| Employment Reports on Veterans |
| FEB 2016 |
| 52.222-50 |
| Combating Trafficking in Persons |
| JAN 2019 |
| 52.222-54 |
| Employment Eligibility Verification |
| OCT 2015 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.225-25 |
| Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. |
| AUG 2018 |
| 52.227-1 |
| Authorization and Consent |
| DEC 2007 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| DEC 2007 |
| 52.227-14 |
| Rights in Data--General |
| MAY 2014 |
| 52.229-3 |
| Federal, State And Local Taxes |
| FEB 2013 |
| 52.230-6 |
| Administration of Cost Accounting Standards |
| JUN 2010 |
| 52.232-1 |
| Payments |
| APR 1984 |
| 52.232-8 |
| Discounts For Prompt Payment |
| FEB 2002 |
| 52.232-9 |
| Limitation On Withholding Of Payments |
| APR 1984 |
| 52.232-11 |
| Extras |
| APR 1984 |
| 52.232-17 |
| Interest |
| MAY 2014 |
| 52.232-23 Alt I |
| Assignment of Claims (May 2014) - Alternate I |
| APR 1984 |
| 52.232-25 |
| Prompt Payment |
| JAN 2017 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| OCT 2018 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.233-1 |
| Disputes |
| MAY 2014 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.242-4 |
| Certification of Final Indirect Costs |
| JAN 1997 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.243-1 |
| Changes--Fixed Price |
| AUG 1987 |
| 52.244-6 |
| Subcontracts for Commercial Items |
| JAN 2019 |
| 52.246-23 |
| Limitation Of Liability |
| FEB 1997 |
| 52.249-2 |
| Termination For Convenience Of The Government (Fixed-Price) |
| APR 2012 |
| 52.249-8 |
| Default (Fixed-Price Supply & Service) |
| APR 1984 |
| 52.249-14 |
| Excusable Delays |
| APR 1984 |
| 52.252-6 |
| Authorized Deviations In Clauses |
| APR 1984 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| NOV 2011 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| OCT 2016 |
| 252.205-7000 |
| Provision Of Information To Cooperative Agreement Holders |
| DEC 1991 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism |
| OCT 2015 |
| 252.219-7011 |
| Notification to Delay Performance |
| JUN 1998 |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| JUN 2013 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2017 |
| 252.225-7009 |
| Restriction on Acquisition of Certain Articles Containing Specialty Metals |
| OCT 2014 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| DEC 2017 |
| 252.225-7016 |
| Restriction On Acquisition Of Ball and Roller Bearings |
| JUN 2011 |
| 252.225-7028 |
| Exclusionary Policies And Practices Of Foreign Government |
| APR 2003 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| APR 2019 |
| 252.227-7039 |
| Patents--Reporting Of Subject Inventions |
| APR 1990 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| FEB 2019 |
| 52.223-11 | OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL HYDROFLUOROCARBONS (JUNE 2016) | | |
| (a) Definition. As used in this clause -- | "Global warming potential? means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as 1.0. | |
| "High global warming potential hydrofluorocarbons" means any hydrofluorocarbons in a particular end use for which EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (hhtp://www.epa.gov/snap/). | | |
| "Hydrofluorocarbons" means compounds that only contain hydrogen, fluorine, and carbon. | | |
| "Ozone-depleting substance" means any substance the Environmental Protection Agency designates in 40 CFR part 82 as-- | | |
| | (1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or | |
| | (2) Class II, including, but not limited to, hydrochlorofluorocarbons. | |
| (b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR Part 82, Subpart E, as follows: | | |
| | | WARNING: Contains (or manufactured with, if applicable) ___________*______________, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere. |
| *The Contractor shall insert the name of the substance(s). | | |
| (c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall-- | | |
| | (1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the Government under this contract by -- | |
| | | (i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.); |
| | | (ii) Contract number; and |
| | | (iii) Equipment/appliance; |
| | (2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after-- | |
| | | (i) Annually by November 30 of each year during contract performance; and |
| | | (ii) At the end of contract performance. |
| (d) The Contractor shall refer to EPA's SNAP program (available at http://www.epa.gov/snap) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap. | | |
| 52.246-17 | WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003) | |
| (a) Definitions. As used in this clause-- | |
| "Acceptance" means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract. | |
| "Supplies" means the end items furnished by the Contractor and related services required under the contract. The word does not include "data." | |
| (b) Contractor's obligations. | |
| | (1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for a total of one year after delivery of items. |
| | (i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and |
| | (ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract. |
| (2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return. | |
| (3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies. | |
| (4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract. | |
| (c) Remedies available to the Government. | | |
| (1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days after discovery of the defect. | |
| (2) Within a reasonable time after the notice, the Contracting Officer may either -- | | |
| (i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or | |
| (ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances. | |
| (3)(i) If the contract provides for inspection of supplies by sampling procedures, conformance of supplies or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer -- | | |
| | (A) May, for sampling purposes, group any supplies delivered under this contract; |
| | (B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed; |
| | (C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and |
| | (D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots. |
| (ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options: | |
| | (A) Require an equitable adjustment in the contract price for any group of supplies. |
| | (B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement. |
| | (C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies. |
| | (D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement. |
| (4)(i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor -- | | |
| | (A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or |
| | (B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure. |
| (ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred. | |
| (5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract. | | |
| 52.252-2 | 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): https://www.acquisition.gov/far/ or http://farsite.hill.af.mil. |
| 252.211-7003 | ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016) | | | | |
| (a) Definitions. As used in this clause-- | | | | |
| “Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media. | | | | |
| “Concatenated unique item identifier” means-- | | | | |
| | (1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or | | | |
| | (2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number. | | | |
| “Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200(ECC200) specification found within International Standards Organization (ISO)/ International Electrotechnical Commission (IEC) 16022. | | | | |
| “Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows. | | | | |
| “DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html. | | | | |
| “DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number. | | | | |
| “Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items. | | | | |
| “Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency. | | | | |
| “Government's unit acquisition cost” means-- | | | | |
| | (1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery; | | | |
| | (2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and | | | |
| | (3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery. | | | |
| “Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459. | | | | |
| “Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier. | | | | |
| “Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts. | | | | |
| “Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions. | | | | |
| “Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards. | | | | |
| “Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface. | | | | |
| “Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent. | | | | |
| “Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise. | | | | |
| “Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment. | | | | |
| “Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier. | | | | |
| “Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier. | | | | |
| “Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto. | | | | |
| “Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent. | | | | |
| “Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html. | | | | |
| (b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item. | | | | |
| (c) Unique item identifier. | | | | |
| | (1) The Contractor shall provide a unique item identifier for the following: | | | |
| | | (i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items: | | |
| | | | Contract Line, Subline, or Exhibit Line Item Number Item Description | |
| | | | _____N/A___________________________________________________________________________ | |
| | | | ________________________________________________________________________________ | |
| | | | ________________________________________________________________________________ | |
| | | (ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table: | | |
| | | | Contract Line, Subline, or Exhibit Line Item Number Item Description | |
| | | | ___N/A_______________________________________________________________________________ | |
| | | | __________________________________________________________________________________ | |
| | | | __________________________________________________________________________________ | |
| | | | | (If items as identified in the Schedule, insert "See Schedule" in this table.) |
| | | (iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ______. | | |
| | | (iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ______. | | |
| | | (v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identified for traceability. | | |
| | (2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor. | | | |
| | (3) The unique item identified component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification. | | | |
| | (4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that-- | | | |
| | | (i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor: | | |
| | | | (A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. | |
| | | | (B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. | |
| | | | (C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and | |
| | | (ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology--Transfer Syntax for High Capacity Automatic Data Capture Media. | | |
| | (5) Unique item identifier. | | | |
| | | (i) The Contractor shall-- | | |
| | | | (A) Determine whether to-- | |
| | | | | (1) Serialize within the enterprise identifier; |
| | | | | (2) Serialize within the part, lot, or batch number; or |
| | | | | (3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and |
| | | | (B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version; | |
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