RFP Amendment N68335-24-R-0184-0003 Conformed.pdf

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MQ-4C Low Pressure Gauge Assembly
Solicitation number
N6833524R0184
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This document is a Request for Proposals (RFP) for the competitive procurement of the Low Pressure Gauge Assembly, P/N: B003310M05015-0001 in support of the MQ-4C Triton Unmanned Air Systems (UAS) Aircraft for the United States Navy. The RFP is solicited as a 100% Total Small Business Set-Aside and is expected to result in a single award, three-year, fixed-price Indefinite Delivery/Indefinite Quantity (IDIQ) contract. The IDIQ guaranteed minimum quantity is 2 units. Delivery Orders may be placed during three 1-year ordering periods, with pricing effective for each respective ordering year. Offerors must submit a written request, including a valid DD Form 2345, to the Procuring Contracting Officer by August 21, 2024 to receive the required technical data package. Proposals are due by August 29, 2024. The Contracting Officer is Mairen Flanagan and the procurement is being conducted by the Naval Air Warfare Center.

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CODE

(Hour)

PAGE(S)

until 04:00 PM local time 29 Aug 2024

X

A X B X C X D

EX

X

G F 34 - 48

49 - 52 X H 53 - 54 mairen.e.flanagan.civ@us.navy.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

1 54

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

N68335 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

MAIREN FLANAGAN

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 3 4 - 6

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

7 - 11

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

13 - 14 15 - 16

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 17 - 22 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 23 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

24 - 32

PART II - CONTRACT CLAUSES

NAVAL AIR WARFARE CENTER AD (LKE)

PROCUREMENT DEPARTMENT BL56000

HWY 547, BUILDING 120-207

LAKEHURST NJ 08733-5082 732-323-2788

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

03 Jul 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N6833524R0184

Section A - Solicitation/Contract Form

SUPPLEMENTARY INFORMATION

Amendment 0003: The purpose of this solicitation amendment is to extend the drawing request deadline from 13 August 2024 to 21 August 2024, and extend the proposal submittal date from 20 August 2024 to 29 August 2024.

Amendment 0002: The purpose of this solicitation amendment is to extend the drawing request deadline from 25 July 2024 to 13 August 2024, and extend the proposal submittal date from 2 August 2024 to 20 August 2024. This amendment also adds FAR clause 52.219-33, Non-Manufacturer Rule.

Amendment 0001: The purpose of this solicitation amendment is to extend the drawing request deadline from 18 July 2024 to 25 July 2024.

Procurement Point of Contact Mairen Flanagan Email: mairen.e.flanagan.civ@us.navy.mil Phone: 732-796-3606

This requirement is solicited as a 100% Total Small Business Set-Aside. This solicitation is for the competitive procurement of the Low Pressure Gauge Assembly, P/N B003310M05015-0001 in support of the MQ-4C Triton Unmanned Air Systems (UAS) Aircraft, United States Navy (USN).

It is anticipated that this solicitation will result in a single award, three-year, fixed-price Indefinite Delivery/Indefinite Quantity (IDIQ) contract.

Delivery Orders may be placed as follows:

Ordering Year 1 Contract Line Items (CLINs) from date of contract award through 365 days after contract award.

Ordering Year 2 CLINs from 366 days after contract award through 730 days after contract award.

Ordering Year 3 CLINs from 731 days after contract award through 1,095 days after contract award.

The IDIQ guaranteed minimum quantity is as follows, and will be placed on the first delivery order concurrent with award of the IDIQ contract. The Government will not be obligated to order any quantities beyond the guaranteed minimum over the life of the contract.

Part Number Description IDIQ Guaranteed Minimum Quantity

B003310M05015-0001 Low Pressure Gauge Assembly 2

The minimum and maximum quantities are found in clauses BTXT.216-9506, Minimum and Maximum Quantities (NAVAIR) (MAR 1999) and 52.216-19, Order Limitations (OCT 1995).

Registration in the System for Award Management (SAM) shall be a prerequisite for award. For more information on the SAM database, refer to the SAM website at https://sam.gov.

RELEASE OF TECHNICAL DATA PACKAGE: This program includes information that is only releasable to current and approved Department of Defense (DoD) contractors. In addition, the program requires a procurement effort in certain critical technologies/data that are not releasable to foreign firms. Some documents are under Federal export control for “sensitive” or “controlled” technologies regulated by the U.S. Department of State International Traffic in Arms Regulations (ITAR) protecting national security. Data may not be exported without an approval, authorization, or license under E.O. 12470 or the Arms Export Control Act. Disclosure of the control drawings requires the verification of a current license for the oral, visual or documentary disclosure of technical data by U.S.

persons to foreign persons as defined under the U.S. Department website: http://pmdtc.org/licenses.htm. Please note the following applicable clauses: DFARS 252.225-7048, Export-Controlled Items (JUN 2013) and NAVAIR LTXT.227-9508, Qualified U.S. Contractors for Export-Controlled Technical Data (APR 1998).

Accordingly, the drawing package associated with this solicitation will NOT be posted with this solicitation.

Offerors interested in receiving the necessary technical data for proposal preparation purposes MUST submit a written request, including a copy of a valid, current DD Form 2345 (Military Critical Technical Data Agreement) to Mairen Flanagan at mairen.e.flanagan.civ@us.navy.mil no later than 21 August 2024, 4:00 PM EDT. Late requests may not be considered, and the solicitation period may not be extended to accommodate late requests.

DD Forms 2345 will be reviewed and, if found valid and complete, download instructions will be sent electronically to the designated data custodian through the DoD SAFE web application at https://safe.apps.mil/. Drawings will not be supplied to requestors who do not submit a Joint Certification Program verified DD Form 2345. For more information on Form DD2345, contact the Joint Certification Program by email at JCP-ADMIN@DLA.MIL or by phone at (877) 352-2255. The Joint Certification Program website and FAQs are available at https://www.dla.mil/Logistics-Operations/Services/JCP/.

RECEIPT OF CORRESPONDENCE: All correspondence pertaining to this solicitation shall be submitted to Mairen Flanagan at mairen.e.flanagan.civ@us.navy.mil. All correspondence submitted shall be reviewed, and responses will be provided in Q&A format as an amendment to the solicitation, publicized on SAM.gov for all of industry to view.

Section B - Supplies or Services and Prices

IDIQ CONTRACTS

The maximum quantities identified herein for each CLIN represent the Government’s best estimate of the maximum quantities of anticipated order(s) during that specific period ordering period. The CLIN quantity maximums do not impose absolute quantity limits for each ordering period. The maximum quantities for each items of support equipment are not defined on an annual ordering period basis, but rather are defined by the sum of quantities across the three (3) year IDIQ contract.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 6 Each Low Pressure Gauge Assembly- Year One

FFP

Low Pressure Gauge Assembly, P/N: B003310M05015-0001, in accordance with the Statement of Work and applicable drawings.

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

PSC CD: 4920

NET AMT

0002 1 Lot Data for CLIN 0001

FFP

CDRL A001- Request for Variance, as required in accordance with the Statement of Work paragraph 3.1, to be delivered to the individuals listed on the CDRL.

1001 3 Each Low Pressure Gauge Assembly- Year Two

FFP

Low Pressure Gauge Assembly, P/N: B003310M05015-0001, in accordance with the Statement of Work and applicable drawings.

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.

1002 1 Lot Data for CLIN 1001

FFP

CDRL A001- Request for Variance, as required in accordance with the Statement of Work paragraph 3.1, to be delivered to the individuals listed on the CDRL.

2001 3 Each Low Pressure Gauge Assembly- Year Three

FFP

Low Pressure Gauge Assembly, P/N: B003310M05015-0001, in accordance with the Statement of Work and applicable drawings.

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.

2002 1 Lot Data for CLIN 2001

FFP

CDRL A001- Request for Variance, as required in accordance with the Statement of Work paragraph 3.1, to be delivered to the individuals listed on the CDRL.

CLAUSES INCORPORATED BY FULL TEXT

BTXT.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 two (2); the maximum quantity is twelve (12).

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

Low Pressure Gauge Assy

24 April 2024

1.0 SCOPE

This Statement of Work (SOW) is for the procurement of the Low Pressure Gauge Assy, Part Number (P/N) B003310M05015-0001. A requirement exists at the Organizational Level of Maintenance to provide and interface between the Hydraulic Fluid Service Set to the Triton Unmanned Aircraft during system maintenance. The Low Pressure Gauge Assy is required to fulfill the requirement.

1.1 Applicable Documents:

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

b) Drawing #3909AS9999 Rev C- Identification Plate for Support Equipment/UID Markings

c) MIL-STD-2073-1E Standard Practice for Military Packaging

d) MIL-STD-129R - Military Marking for Shipment and Storage

e) MIL-STD-1366E - Transportability Criteria

f) Drawing Package Number – B003310M05015 RevE, 3673310M01053 RevD

2.0 REQUIREMENTS

2.1 General

Contractor shall manufacture and deliver Low Pressure Gauge Assy in accordance with (IAW) this SOW, the Government furnished drawing package and the requirements of the contract.

The program is requesting a Three (3) year Indefinite Delivery, Indefinite Quantity (IDIQ) type contract:

Part Number Description Base

USN

Qty.

Yr. 1 Est Qty.

Yr. 2 Est Qty.

Yr. 3 Est.

Qty

B003310M05015-

Low Pressure Gauge Assy

2 4 3 3

Year 1 pricing valid from date of award through 365 days.

Year 2 pricing valid from 366 days through 730 days.

Year 3 pricing valid from 731 days through 1095 days.

2.2 Quality Assurance

The Contractor shall have in place a production quality assurance (QA) system. This QA system shall be able to ensure that manufactured configuration items are built to print, functional, and reliably made IAW controlling technical drawings, specifications and standards. Each item manufactured as part of this contract shall have passed a Government final inspection prior to WAWF Receiving Report acceptance.

2.3 Certificate of Conformance -

The Contractor shall provide a Certificate of Conformance (COC) with each Low Pressure Gauge Assy certifying that it conforms to the government drawing package, this SOW, and the requirements of the contract. The COC shall be on company letterhead and signed by management. Each COC shall identify the part number and serial number. If any item is found to be non-conforming, it shall be replaced at the Contractor’s expense.

2.4 Calibration -

Each calibrated Support Equipment end item shall be calibrated and have a calibration sticker from the original equipment manufacturer. A signed calibration certificate traceable to National Institute of Standards and Technology (N.I.S.T.), which shall include the date of calibration, serial number and part number of the unit tested, shall be provided for each unit purchased. The calibration sticker shall as a minimum include calibration by, calibration date and calibration due date.

2.5 Serial Numbers

The contractor shall assign a serial number for each Support Equipment end item. A unique, serial number as defined in the drawing is required for each item.

2.6 Government Inspection and Acceptance

Government Inspection and Acceptance shall be accomplished at destination by designated representatives.

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

2.7.1 UID Location and Marking

The locations and marking methods selected should bear no impact on the performance of the part and minimal configuration change(s) to the part. The UID (including 2D Matrix) should be incorporated onto the data plate in accordance with Drawing 3909AS9999 Rev C (Identification Plate/UID Markings).

2.7.2 Permanency and Legibility

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

STD-130N.

2.7.3 UID Registration

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

2.7.4 Records

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

3.0 CONTRACTS DATA REQUIREMENTS LIST (CDRL)

3.1 Request for Variance-(CDRL A001)

When identified, the contractor shall submit to the government for approval recommendations for a Request for Variance (RFV). Any proposed design changes affecting form, fit, and/or function of the PSE (including enhancements) that deviate from drawings provided shall be identified prior to the fabrication process and will be reviewed by the cognizant UAS Support Equipment Lead Engineer for approval/disapproval. The contractor shall submit to the Government for approval a Request for Variance (RFV) to request deviations from the contractually specified design configuration. The contractor is advised to consult MIL-HDBK- 61 Configuration Management for guidance when contemplating submitting a RFV. These change requests shall be prepared and submitted to the Government IAW Contract Data Requirements List (CDRL) A001.

4.0 PACKAGING, PRESERVATION AND SHIPPING

4.1 Packaging

Preserve, and pack for shipment in accordance with the MIL-STD-2073-1E, “Standard Practice for Military Packaging,” using the detailed Packaging Requirements Code specified below.

Packaging Requirements Code:

PN

MOP CL PM WM CM CT UC

B003310M05015-

0001 41 1 00 00 AD 0 ED

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, "Regulation of Wood Packaging Material in International Trade."

4.2 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.

4.3 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.

4.4 Shipping Addresses

DODAAC: SW310N

DLA Distribution Susquehanna PA Mechanicsburg Receiving West 5450 Carlisle Pike, Bldg. 402 Mechanicsburg, PA 17050-0789

MARK FOR: RIC 5Q4

POC: Robert Hull PH: 732-323-4611 Email: robert.m.hull30.civ@us.navy.mil

* For items shipped to Mechanicsburg, PA:

*The contractor must instruct their carrier to request an appointment with DLA Mechanicsburg by filling out the attached “Prelodge Request Form” and emailing it to Prelodge@dla.mil.

Please note that an appointment is not needed for deliveries going to DLA that are being shipped via UPS, FEDEX, USPS etc. Therefore, the Prelodge form does not need to be completed for those type of shipments.

All exterior shipping containers/packaging shall at a minimum be marked with the following information: Part Number; Nomenclature; Quantity; Serial number(s); Contract Number;

National Stock Number; and Manufacturer’s Name, Address, and CAGE Code.

*For all shipments that do not use the following shipping companies: UPS, FEDEX, USPS, contractor will ensure delivery drivers have valid driver's license and able to pass required background check.

Deliveries shall be made within six (6) months after order receipt. Early delivery is acceptable and encouraged.

4.5 Shipping Document

The Contractor shall notify Robert Hull, Phone (732) 323-4611, email address:

robert.m.hull30.civ@us.navy.mil when the shipment is ready and to confirm the shipping address. Upon shipment, a copy of the shipping document and tracking documents shall be emailed to robert.m.hull30.civ@us.navy.mil and edan.s.rosenberg-hayes.civ@us.navy.mil.

CTXT.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.

Section D - Packaging and Marking

DTXT.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."

DTXT.247-9514 TECHNICAL DATA PACKING INSTRUCTIONS (NAVAIR)(SEP 1999)

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

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 NAVAL AIR WARFARE CENTER

AD (LKE)

HWY 547, BUILDING 562

LAKEHURST NJ 08733

Government NAVAL AIR WARFARE CENTER

AD (LKE)

HWY 547, BUILDING 562

LAKEHURST NJ 08733

Government

0002 N/A N/A N/A Government

1001 NAVAL AIR WARFARE CENTER

AD (LKE)

HWY 547, BUILDING 562

LAKEHURST NJ 08733

Government NAVAL AIR WARFARE CENTER

AD (LKE)

HWY 547, BUILDING 562

LAKEHURST NJ 08733

Government

1002 N/A N/A N/A Government

2001 NAVAL AIR WARFARE CENTER

AD (LKE)

HWY 547, BUILDING 562

LAKEHURST NJ 08733

Government NAVAL AIR WARFARE CENTER

AD (LKE)

HWY 547, BUILDING 562

LAKEHURST NJ 08733

Government

2002 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984

ETXT.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 an authorized Government representative.

(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.

ETXT.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION

(NAVAIR)(FEB 1995)

Inspection and acceptance of technical data and information will be performed by the Procuring Contracting Officer (PCO) or his duly authorized representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be evidenced by execution of an unconditional DD Form 250, Material Inspection and Receiving Report, as appropriate, and/or upon receipt of a second endorsement acceptance by the PCO on the attachment to this contract entitled N/A. The attached form will not be used for high cost data such as drawings, specifications, and technical manuals.

Section F - Deliveries or Performance

ACCELERATED DELIVERY

Accelerated delivery to the greatest extent possible in advance of the specified delivery schedule is acceptable and encouraged. Any accelerated delivery shall be at no additional cost to the Government.

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

52.211-8 TIME OF DELIVERY (JUN 1997)

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

CLIN EST. MAX

QUANTITY

DATE DELIVERY ADDRESS

0001 6 Each Units shall be delivered within 6 months after date of order

DODAAC: SW310N

DLA Distribution Susquehanna PA Mechanicsburg Receiving West 5450 Carlisle Pike, Bldg. 402 Mechanicsburg, PA 17050-0789

MARK FOR: RIC 5Q4

POC: Robert Hull PH: 732-323-4611

0002 1 Each As specified on the individual Contract Data Requirements Lists (CDRLs)

As specified on the individual Contract Data Requirements Lists (CDRLs)

1001 3 Each Units shall be delivered within 6 months after date of order

DODAAC: SW310N

DLA Distribution Susquehanna PA Mechanicsburg Receiving West 5450 Carlisle Pike, Bldg. 402 Mechanicsburg, PA 17050-0789

MARK FOR: RIC 5Q4

POC: Robert Hull PH: 732-323-4611

1002 1 Each As specified on the individual Contract Data Requirements Lists (CDRLs)

As specified on the individual Contract Data Requirements Lists (CDRLs)

2001 3 Each Units shall be delivered within 6 months after date of order

DODAAC: SW310N

DLA Distribution Susquehanna PA Mechanicsburg Receiving West 5450 Carlisle Pike, Bldg. 402 Mechanicsburg, PA 17050-0789

MARK FOR: RIC 5Q4

POC: Robert Hull PH: 732-323-4611

2002 1 Each As specified on the individual Contract Data Requirements Lists (CDRLs)

As specified on the individual Contract Data Requirements Lists (CDRLs)

(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.

Section G - Contract Administration Data

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)

(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.

(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 financing, submit a commercial 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 TBD

Admin DoDAAC** TBD

Inspect By DoDAAC TBD

Ship To Code TBD

Ship From Code TBD

Mark For Code TBD

Service Approver (DoDAAC) TBD

Service Acceptor (DoDAAC) TBD

Accept at Other DoDAAC TBD

LPO DoDAAC TBD

DCAA Auditor DoDAAC TBD

Other DoDAAC(s) TBD

(*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)

GTXT.232-0001 PAYMENT INSTRUCTIONS (NAVAIR) (MAY 2023)

For Government Use Only

Contract/Order Payment Clause

Type of Payment Request

Su pp ly

Se rv ic e

C on st ru ct io n

Payment Office Allocation Method

52.212-4 (Alt I), Cost Voucher X X N/A Line item specific proration.

Contract Terms and If there is more than one ACRN Conditions— within a deliverable contract line Commercial Products item, the funds will be allocated in and Commercial the same proportion as the Services; amount of funding currently 52.216-7, Allowable unliquidated for each ACRN on Cost and Payment; the line item billed.

52.232-7, Payments Under Time-and- Materials and Labor- Hour Contracts

52.232-1, Payments, Navy X X N/A Line item specific by fiscal year.

252.217-7007, Shipbuilding If there is more than one ACRN

Payments Invoice (Fixed within a deliverable line or (vessel repair and alterations) Price) deliverable subline item, the funds will be allocated using the oldest funds first. In the event of a deliverable line or deliverable subline item with two or more ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-1, Payments; Invoice X X N/A Line item specific proration.

52.232-2, Payments If there is more than one ACRN Under Fixed-Price within a deliverable line item or Research and deliverable subline item, the Development funds will be allocated in the Contracts; same proportion as the amount 52.232-3, Payments of funding currently unliquidated Under Personal for each ACRN on the deliverable Services Contracts; line or deliverable subline item for 52.232-4, Payments which payment is requested.

Under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments Under Communication Service Contracts With Common Carriers st ru ct

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 first. In the event of a deliverable line or deliverable subline item with two or more ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-16, Progress Progress X X N/A Contract-wide proration.

Payments Payment* Funds shall be allocated in the (excluding contracts same proportion as the amount with multiple lot of funding currently unliquidated progress payments) 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.

52.232-16, Progress Payments;

252.232-7018, Progress Payments— Multiple Lots

Progress Payment*

X X N/A Lot-wide proration (applies to lots specifically identified in the contract).

If there is more than one ACRN within a lot, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the lot for which payment is requested.

See PGI 204.7108 paragraph (c) for multiple lot CLIN structure.

st ru ct

52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services;

52.232-30, Installment Payments for Commercial Products and Commercial Services

Commercial Product and Commercial Service 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).

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 32.1007(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 product and commercial service financing).

GTXT.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:

[Insert function from FAR 42.302(a) or DFARS 242.302(a)]

[Insert PCO, COR, Requiring Activity, or TPOC for each function.]

[Repeat as necessary.]

(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):

Additional Functions Retained for Performance By:

[Insert function from FAR 42.302(b) or other function identified as necessary for administration of the contract.]

[Insert "See the ADMINISTERED BY Block on the face page of the contract, modification or order.”]

[Repeat as necessary.]

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

Section H - Special Contract Requirements

HTXT.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.

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

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities

DEC 2023

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

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 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-14 Integrity of Unit Prices NOV 2021 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns FEB 2024 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) FEB 2023 52.219-33 Nonmanufacturer Rule SEP 2021 52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2024 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 NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.226-7 Drug-Free Workplace MAY 2024

52.226-8 Encouraging Contractor Policies To Ban Text Messaging While Driving

MAY 2024

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.229-3 Federal, State And Local Taxes FEB 2013 52.229-11 Tax on Certain Foreign Procurements--Notice and

Representation

JUN 2020

52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.244-6 Subcontracts for Commercial Products and Commercial

Services

FEB 2024

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 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

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

MAY 2024

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 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

252.211-7003 Item Unique Identification and Valuation JAN 2023 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.223-7004 Drug Free Work Force SEP 1988 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American and Balance of Payments Program FEB 2024

252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7007 Prohibition on Acquisition of Certain Items from Communist

Chinese Military Companies

DEC 2018

252.225-7009 Restriction on Acquisition of Certain Articles Containing Specialty Metals

JAN 2023

252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7013 Duty-Free Entry--Basic NOV 2023 252.225-7048 Export-Controlled Items JUN 2013 252.225-7060 Prohibition on Certain Procurements from the Xinjiang

Uyghur Autonomous Region

JUN 2023

252.225-7973 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems - Representation (DEVIATION 2020- O0015)

MAY 2020

252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Products or Commercial

Services

NOV 2023

252.247-7023 Transportation of Supplies by Sea JAN 2023

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…

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