N6833522R0016 RFP Final.docx
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- Adapter, Weapons Loading Hoist NGJ
- Solicitation number
- N6833522R0016
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| File | Type | Posted |
|---|---|---|
| N6833522R0016 Amd 0004.docx | DOCX document | |
| N6833522R0016 Amendment 0003.docx | DOCX document | |
| SOW Adapter Weapons Loading Hoist 5.20.22 Version.doc | DOC document | |
| A001 Loading Hoist Right Hand CDRL (2).pdf | ||
| A001 Loading Hoist Left Hand CDRL.pdf | ||
| N6833522R0016 Amendment 0002.docx | DOCX document | |
| Updated N6833522R0016 Amendment 0001.docx | DOCX document | |
| Attachment2- QuestionandResponseForm.docx | DOCX document | |
| Attachment 1 - Pricing Spreadsheet N6833522R0016.xlsx | XLSX spreadsheet |
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N6833522R0016
Section A - Solicitation/Contract Form
POINTS OF CONTACT
This solicitation is for a five year Indefinite Delivery / Indefinite Quantity (IDIQ) Fixed Price type contract for procurement of materials and services as required to manufacture, assemble, and ADU-1070/E Adapter, Weapons Loading Hoist, Left Hand, Part Number 4200AS0605-1 and ADU-1071/E Adapter, Weapons Loading Hoist, Right Hand, Part Number 4200AS0605-2, in support of the NGJ program.
This is 100% set aside to small businesses.
The Product Service Code (PSC) for this requirement is 1730.
Proposal validity is for a period of 180 days.
Offerors may submit questions requesting clarification of the solicitation requirements to William Hemhauser at william.t.hemhauser.civ@us.navy.mil. All questions will be consolidated and answers will be sent to all offerors via the beta.sam.gov website. The Offeror is expected to comply with all requirements of this Request for Proposal. It is requested that all questions be received within twenty-one (21) days of the date this solicitation is posted.
EARLY AND PARTIAL DELIVERIES ARE ACCEPTABLE AND ENCOURAGED
VENDOR: IF ELECTRONICE EQUIPMENT, PLEASE MARK PACKAGE CONTAINING ELECTRONIC EQUIPMENT WITH THE “DO NOT SCAN” STICKER
MINIMUM/ MAXIUM QUANTITIES
This solicitation states a maximum quantity per year that has been established based on the Government’s estimated quantity to be procured in each ordering year. However, if requirements dictate, and a greater quantity is needed in any given ordering year, the Government may order up to the total maximum quantity per item, as indicated in the table below. In accordance with NAVAIR clause 5252.216-9506, the contract minimum quantity is one (1) Loading Hoist, Left Hand, P/N 4200AS0605-1.
The Government is not obligated to order any quantity beyond the guaranteed minimum and may order the maximum quantity over the life of the contract.
| Part Name |
| P/N |
| UI |
| Ordering Period 1 Est. Max. Qty. |
| Ordering Period 2 Est. Max. Qty. |
| Ordering Period 3 Est. Max. Qty. |
| Ordering Period 4 Est. Max Qty. |
| Ordering Period 5 Est. Max Qty. |
| Total Max. Qty. |
| Loading Hoist, Left Hand |
| 4200AS0605-1 |
| EA |
| 22 |
| 22 |
| 22 |
| 22 |
| 22 |
| 110 |
| Loading Hoist, Right Hand |
| 4200AS0605-2 |
| EA |
| 22 |
| 22 |
| 22 |
| 22 |
| 22 |
| 110 |
The ordering period for this contract is as follows:
· Year One is from date of contract award through 365 days after contract award.
· Year Two is from 366 days after date of contract award through 730 days after date of contract award.
· Year Three is from 731 days after date of contract award through 1,095 days after date of contract award.
· Year Four is from 1,096 days after date of contract award through 1,460 days after date of contract award.
· Year Five is from 1,461 days after date of contract award through 1,825 days after date of contract award.
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 22 |
| Each |
OY1 Loading Hoist Left Hand
FFP
Ordering Year 1 ADU-1070/E Adapter, Weapons Loading Hoist, Left Hand, Part Number 4200AS0605-1 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
MFR PART NR: 4200AS0605-1
PSC CD: 1730
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 22 |
| Each |
OY1 Loading Hoist Right Hand
Ordering Year 1 ADU-1071/E Adapter, Weapons Loading Hoist, Right Hand, Part Number 4200AS0605-2 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
MFR PART NR: 4200AS0605-2
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 22 |
| Each |
OY2 Loading Hoist Left Hand
Ordering Year 2 ADU-1070/E Adapter, Weapons Loading Hoist, Left Hand, Part Number 4200AS0605-1 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 22 |
| Each |
OY2 Loading Hoist Right Hand
Ordering Year 2 ADU-1071/E Adapter, Weapons Loading Hoist, Right Hand, Part Number 4200AS0605-2 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 22 |
| Each |
OY3 Loading Hoist Left Hand
Ordering Year 3 ADU-1070/E Adapter, Weapons Loading Hoist, Left Hand, Part Number 4200AS0605-1 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 22 |
| Each |
OY3 Loading Hoist Right Hand
Ordering Year 3 ADU-1071/E Adapter, Weapons Loading Hoist, Right Hand, Part Number 4200AS0605-2 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 22 |
| Each |
OY4 Loading Hoist Left Hand
Ordering Year 4 ADU-1070/E Adapter, Weapons Loading Hoist, Left Hand, Part Number 4200AS0605-1 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 22 |
| Each |
OY4 Loading Hoist Right Hand
Ordering Year 4 ADU-1071/E Adapter, Weapons Loading Hoist, Right Hand, Part Number 4200AS0605-2 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 22 |
| Each |
OY5 Loading Hoist Left Hand
Ordering Year 5 ADU-1070/E Adapter, Weapons Loading Hoist, Left Hand, Part Number 4200AS0605-1 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 22 |
| Each |
OY5 Loading Hoist Right Hand
Ordering Year 5 ADU-1071/E Adapter, Weapons Loading Hoist, Right Hand, Part Number 4200AS0605-2 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
Statement of Work for Next Generation Jammer (NGJ) ADU-1070/E Adapter, Weapons Loading Hoist, Left Hand, ADU-1071/E Adapter, Weapons Loading Hoist, Right Hand
1. SCOPE
This Statement of Work (SOW) addresses the requirements and tasks associated with the production and delivery of the ADU-1070/E Adapter, Weapons Loading Hoist, Left Hand, ADU-1071/E Adapter, Weapons Loading Hoist, Right Hand for the NGJ Program.
1. APPLICABLE DOCUMENTS
a) MIL-STD-130N – Identification Marking of U.S. Military Property
b) ASTM D3951-18 – Standard Practice for Commercial Packaging
c) MIL-STD-129R - Military Marking for Shipment and Storage
d) MIL-STD-1366E -Transportability Criteria
1. REQUIREMENTS
3.1 General
The contractor shall provide materials as required and deliver the following NGJ items:
ADU-1070/E Adapter, Weapons Loading Hoist, Left Hand, Part Number 4200AS0605-1, NSN TBD: minimum quantity: 17 each; maximum quantity: 110 each
ADU-1071/E Adapter, Weapons Loading Hoist, Right Hand, Part Number 4200AS0605-2, NSN TBD: minimum quantity: 17 each; maximum quantity: 110 each
Orders will be placed over a five (5) year period.
3.2 Quality Assurance
The Contractor shall have in place a production Quality Assurance (QA) system compliant with ISO 9001. This QA system shall be able to ensure that manufactured configuration items are built to print, functional, and reliably made in accordance with (IAW) controlling technical drawings, specifications and standards. Each item manufactured as part of this contract shall have passed a Government final inspection prior to DD-250.
3.3 Government Inspection and Acceptance
Defense Contract Management Agency (DCMA) shall oversee Inspection & Acceptance at origin.
3.4 Serial Number Marking
The contractor shall uses only a unique six-digit alpha numeric (3 alpha, 3 numeric) serial number on the data plate.
3.5 Packaging, Preservation and Shipping
General Requirements The contractor shall preserve and pack materiel IAW ASTM D3951-18 (excluding paragraphs 4.2-4.3) and require same by vendors and subcontractors (for materiel being shipped to the government).
The use of loose fill materials, asbestos, excelsior, newspaper and shredded paper (all types) are prohibited. In addition, all Wood Packaging Materials (WPM) shall be heat treated or chemically treated in accordance with the requirements of the International Standards for Phytosanitary Measures (ISPM) 15:2009, "Regulation of Wood Packaging Material in International Trade."
Marking Marking shall be in accordance with MIL-STD-129R.
Additionally, special marking labels (fragile, delicate, etc) shall be applied to all unit, intermediate and shipping containers as an integral part of the total pack. The contractor shall select the appropriate special marking label (s) as additional means to protect the items during packaging, handling, storage, transit and removal from the pack.
Transportation Transportability issues shall be identified and addressed to ensure all shipments can be transported with unrestricted movement via over-the-road transport. Transportability problem items shall be identified in accordance with MIL-STD-1366E criteria. Requirements for shipment of DOD materiel shall meet, as a minimum, the requirements of the following rules and regulations, as applicable to the mode of transportation in the Defense Transportation Regulation, DTR DOD 4500.9-R, Part II, Uniform Freight Classification Rules, National Motor Freight Classification Rules, and American Trucker’s Association Rules.
Shipment shall be transported (FOB Destination).
All shipments under this contract shall be addressed to the NAWC Lakehurst Staging Facility as indicated below:
Ship Delivery Orders to the following address:
DODAAC: sw310n DLA distribution Susquehanna pa Mechanicsburg receiving west 5450 Carlisle Pike BLDG 402 Mechanicsburg pa 17050-0789 Mark for Next Generation Jammer “5NG” POC (Jarrell china and 732-323-1321) (No Friday delivery)
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. |
| 5252.247-9507 | PACKAGING AND MARKING OF REPORTS (NAVAIR)(OCT 2021) | |
| (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, 32 CFR Part 117. | ||
| (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 PROHIBITION AND LIMITATIONS FOR PACKAGING MATERIALS
(NAVAIR) (AUG 2019)
The use of loose fill materials, asbestos, excelsior, newspaper and shredded paper (all types) are prohibited. In addition, all Wood Packaging Materials (WPM) shall be heat treated or chemically treated in accordance with the requirements of the International Standards for Phytosanitary Measures (ISPM) 15:2009, "Regulation of Wood Packaging Material in International Trade."
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Origin |
| Government |
| Origin |
| Government |
| 0002 |
| Origin |
| Government |
| Origin |
| Government |
| 0003 |
| Origin |
| Government |
| Origin |
| Government |
| 0004 |
| Origin |
| Government |
| Origin |
| Government |
| 0005 |
| Origin |
| Government |
| Origin |
| Government |
| 0006 |
| Origin |
| Government |
| Origin |
| Government |
| 0007 |
| Origin |
| Government |
| Origin |
| Government |
| 0008 |
| Origin |
| Government |
| Origin |
| Government |
| 0009 |
| Origin |
| Government |
| Origin |
| Government |
| 0010 |
| Origin |
| Government |
| Origin |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-1 |
| Contractor Inspection Requirements |
| APR 1984 |
| 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 TBD AT TIME OF AWARD. | |
| (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 |
| 0001 |
| 9 mths. ADC |
| 22 |
| DLA DISTRIBUTION SUSQUEHANNA PA |
M/F NEXT GENERATION JAMMER 5NG- JARELL CHINA
MECHANICSBURG RECEIVING WEST
5450 CARLISLE PIKE BLDG 402
MECHANICSBURG PA 17050-0789
(732) 323-1321 FOB: Destination
SW310N
| 0002 |
| 9 mths. ADC |
| 22 |
| (SAME AS PREVIOUS LOCATION) |
SW310N
| 0003 |
| 9 mths. ADC |
| 22 |
| (SAME AS PREVIOUS LOCATION) |
SW310N
| 0004 |
| 9 mths. ADC |
| 22 |
| (SAME AS PREVIOUS LOCATION) |
SW310N
| 0005 |
| 9 mths. ADC |
| 22 |
| (SAME AS PREVIOUS LOCATION) |
SW310N
| 0006 |
| 9 mths. ADC |
| 22 |
| (SAME AS PREVIOUS LOCATION) |
SW310N
| 0007 |
| 9 mths. ADC |
| 22 |
| (SAME AS PREVIOUS LOCATION) |
SW310N
| 0008 |
| 9 mths. ADC |
| 22 |
| (SAME AS PREVIOUS LOCATION) |
SW310N
| 0009 |
| 9 mths. ADC |
| 22 |
| (SAME AS PREVIOUS LOCATION) |
SW310N
| 0010 |
| 9 mths. ADC |
| 22 |
| (SAME AS PREVIOUS LOCATION) |
SW310N
| 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 |
| 52.247-17 |
| Charges |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 52.247-48 |
| F.O.B. Destination--Evidence Of Shipment |
| FEB 1999 |
| 52.211-8 | TIME OF DELIVERY (JUN 1997) | |
| (a) The Government requires delivery to be made according to the following schedule: | ||
| REQUIRED DELIVERY SCHEDULE | ||
| 0001, 0003, 0005, 0007, 0009 | ||
| Loading Hoist, Left Hand | ||
| 9 months after receipt of order. |
EARLY AND PARTIAL DELIVERIES ARE ACCEPTABLE AND ENCOURAGED
DODAAC: SW310N
DLA DISTRIBUTION SUSQUEHANNA PA
MECHANICSBURG RECEIVING WEST
5450 CARLISLE PIKE BLDG 402
MECHANICSBURG PA 17050-0789
MARK FOR: NEXT GENERATION JAMMER “5NG”
| 0002, 0004, 0006, 0008, 0010 |
| Loading Hoist, Right Hand |
| 9 months after receipt of order. |
EARLY AND PARTIAL DELIVERIES ARE ACCEPTABLE AND ENCOURAGED
DODAAC: SW310N
DLA DISTRIBUTION SUSQUEHANNA PA
MECHANICSBURG RECEIVING WEST
5450 CARLISLE PIKE BLDG 402
The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.
OFFEROR'S PROPOSED DELIVERY SCHEDULE
| 0001, 0003, 0005, 0007, 0009 |
| Loading Hoist, Left Hand |
DODAAC: SW310N
DLA DISTRIBUTION SUSQUEHANNA PA
MECHANICSBURG RECEIVING WEST
5450 CARLISLE PIKE BLDG 402
| 0002, 0004, 0006, 0008, 0010 |
| Loading Hoist, Right Hand |
DODAAC: SW310N
DLA DISTRIBUTION SUSQUEHANNA PA
MECHANICSBURG RECEIVING WEST
5450 CARLISLE PIKE BLDG 402
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.
| 5252.216-9506 | MINIMUM AND MAXIMUM QUANTITIES (NAVAIR)(MAR 1999) |
| As referred to in paragraph (b) of FAR 52.216-22 " Indefinite Quantity" of this contract, the contract minimum quantity is 1 Loading Hoist, Left Hand (CLIN 0001) ; the maximum quantity is 110 Loading Hoist, Left Hand and 110 Loading Hoist, Right Hand. |
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.
______TBD______________________________________________________
(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.
_______TBD_____________________________________________________
(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 |
| Pay Official DoDAAC |
| TBD |
| Issue By DoDAAC |
| N68335 |
| Admin DoDAAC** |
| TBD |
| Inspect By DoDAAC |
| TBD |
| Ship To Code |
| TBD |
| Ship From Code |
| TBD |
| Mark For Code |
| TBD |
| Service Approver (DoDAAC) |
| ____ |
| Service Acceptor (DoDAAC) |
| ____ |
| Accept at Other DoDAAC |
| ____ |
| LPO DoDAAC |
| ____ |
| DCAA Auditor DoDAAC |
| ____ |
| Other DoDAAC(s) |
| ____ |
(*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 at time of 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. |
| 5252.204-9503 | 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. |
| 5252.242-9511 | 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)
[Repeat as necessary.]
| (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-0001 | 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
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 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. |
| 5252.216-9512 | 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 |
| JUN 2020 |
| 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 |
| JUN 2020 |
| 52.203-7 |
| Anti-Kickback Procedures |
| JUN 2020 |
| 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 |
| JUN 2020 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| JUN 2020 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2018 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 52.204-21 |
| Basic Safeguarding of Covered Contractor Information Systems |
| DEC 2021 |
| 52.204-23 |
| Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities |
| DEC 2021 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| DEC 2021 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| NOV 2015 |
| 52.211-5 |
| Material Requirements |
| AUG 2000 |
| 52.215-2 |
| Audit and Records--Negotiation |
| JUN 2020 |
| 52.215-8 |
| Order of Precedence--Uniform Contract Format |
| OCT 1997 |
| 52.215-14 |
| Integrity of Unit Prices |
| DEC 2021 |
| 52.215-23 Alt I |
| Limitations on Pass-Through Charges (JUN 2020) - Alternate I |
| OCT 2009 |
| 52.219-6 (Dev) |
| Notice of Total Small Business Set-Aside (DEVIATION 2020-O0008). |
| OCT 2020 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2018 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-20 |
| Contracts for Materials, Supplies, Articles, and Equipment |
| JUN 2020 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| SEP 2016 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| JUN 2020 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUN 2020 |
| 52.222-37 |
| Employment Reports on Veterans |
| JUN 2020 |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act |
| DEC 2010 |
| 52.222-50 |
| Combating Trafficking in Persons |
| DEC 2021 |
| 52.222-54 |
| Employment Eligibility Verification |
| DEC 2021 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-11 |
| Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. |
| JUN 2016 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| JUN 2020 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| DEC 2021 |
| 52.227-1 |
| Authorization and Consent |
| JUN 2020 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| JUN 2020 |
| 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 2021 |
| 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 Products and Commercial Services |
| DEC 2021 |
| 52.246-23 |
| Limitation Of Liability |
| FEB 1997 |
| 52.248-1 |
| Value Engineering |
| JUN 2020 |
| 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 |
| NOV 2020 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7001 |
| Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies |
| DEC 2008 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7008 |
| Compliance With Safeguarding Covered Defense Information Controls |
| OCT 2016 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| DEC 2019 |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| MAY 2016 |
| 252.204-7017 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation |
| MAY 2021 |
| 252.204-7018 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services |
| JAN 2021 |
| 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 |
| MAY 2019 |
| 252.219-7011 |
| Notification to Delay Performance |
| JUN 1998 |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| JUN 2013 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic |
| DEC 2017 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2017 |
| 252.225-7009 |
| Restriction on Acquisition of Certain Articles Containing Specialty Metals |
| DEC 2019 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| DEC 2017 |
| 252.225-7013 |
| Duty-Free Entry--Basic |
| APR 2020 |
| 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 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JAN 2021 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| FEB 2019 |
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
(a) Definitions. As used in this clause--
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means--
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means--
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled--
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) Exceptions. This clause does not prohibit contractors from providing--
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause:
(i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)
(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information…
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