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N68936-15-R-0046
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
| Name: | Rhett Beswick |
| Phone: | (760) 939- 2352 |
| DSN: | 437- 2352 |
| FAX: | (760) 939-2352 |
Email address: rhett.beswick@navy.mil
U.S. Postal Service Mailing Address:
| COMMANDER |
| CODE 254200D (R. BESWICK – 760-939-2352) |
| NAVAIRWARCENWPNDIV |
| 429 E. BOWEN RD. MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
Direct Delivery Address (UPS, FedEx, etc):
| COMMANDER |
| CODE 254200D (R. BESWICK – 760-939-2352) |
| NAVAIRWARCENWPNDIV |
| BLDG 982, MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
This contract is a Firm-Fixed Price, Indefinite-Delivery, Indefinite-Quantity (FFP-IDIQ) type contract with a two year period of performance (POP).
For the two year POP, the minimum quantity ordered will be 2,500 and the maximum quantity ordered will be 7,500.
For each delivery order quantities will be in lots of either 1,000 or 2,500.
Vendors are asked to submit separate pricing for year one and year two for the lot quantities specified.
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
First Article
FFP
The contractor shall manufacture and test 10 first-article units in accordance with TS-20086 Rev K1 CPU-4 PCB TDP (Attachment 1) and TS-20087 Rev K1-9 CPU-4 PCB TDP (Attachment 2), and shall deliver the 10 units and the test data to NAWCWD, Point Mugu, CA for inspection.
FOB: Destination
PURCHASE REQUEST NUMBER: 1300493355
FUNDED AMOUNT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Technical Data - First Article
The Contractor shall provide First Article technical data in accordance with Contract Data Requirements List (CDRLs), DD Form 1423 (Exhibit B).
FUNDED AMOUNT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
CPU Boards - Year One
The contractor shall provide CPU Boards in accordance with TS-20086 Rev K1 CPU-4 PCB TDP (Attachment 1) and TS-20087 Rev K1-9 CPU-4 PCB TDP (Attachment 2).
QTY UNIT COST
1,000 each ______________ 2,500 each ______________
FUNDED AMOUNT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Technical Data - Year One
The Contractor shall provide technical data in accordance with Contract Data Requirements List (CDRLs), DD Form 1423 (Exhibit A).
FUNDED AMOUNT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
CPU Boards - Year Two
The contractor shall provide CPU Boards in accordance with TS-20086 Rev K1 CPU-4 PCB TDP (Attachment 1) and TS-20087 Rev K1-9 CPU-4 PCB TDP (Attachment 2).
QTY UNIT COST
1,000 each ______________ 2,500 each ______________
FUNDED AMOUNT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Technical Data - Year Two
The Contractor shall provide technical data in accordance with Contract Data Requirements List (CDRLs), DD Form 1423 (Exhibit A).
FUNDED AMOUNT
Section C - Descriptions and Specifications
STATEMENT OF WORK
Statement of Work for CPU#4 Rev K1 FY-16 Production Cycle
1.0 Introduction:
The US Navy develops, procures, and operates remotely-controlled seaborne targets at a number of locations worldwide. The CPU#4 Card is the primary building block in many of these targets. The card is microcontroller based Printed Circuit Board. It includes two Controller Area Network (CAN) channels and numerous I/O Channels. The I/O Channels are designed to interface to the control surfaces on a navy target boat. The two CAN Channels knit these boards together into a functioning network, allowing the target to be remotely controlled.
2.0 Applicable documents:
The documents listed in the following section comprise the Technical Data Package (TDP). The package has two parts:
TS-20086 Rev K1 CPU-4 PCB TDP contains files that are applicable to completing the bare board.
TS-20087 Rev K1-9 CPU-4 TDP contains files that are applicable to completing the assembly.
3.0 Requirements:
3.1 The supplier shall manufacture and deliver printed circuit boards for the US Navy. The boards shall be fabricated in accordance with documentation as delineated in section 2.0 and attached to this solicitation. The contractor shall fabricate and deliver first article units, unless waived by the Government, and production units.
3.2 The Assemblies shall meet IPC Class 2 Requirements per IPC-A-610.
3.3 In accordance with the Government provided TDP’s, the contractor shall fabricate the bare boards and populate them with components per IPC Class 2 Standards. The vendor shall utilize the government furnished test set to program, test, and serialize the boards.
3.4 The contractor shall test ten first-article units and shall deliver the ten units and the test data to NAWCWD, Point Mugu, CA for inspection.
3.5 Any proposed deviations to the Technical Data Package must be approved in writing by the Navy prior to manufacture.
3.6 The US Navy will retain data rights and manufacturing rights to the design.
4.0 Deliverables:
The contractor shall deliver test reports for all boards on delivery. These reports are automatically generated by the GFE test set.
5.0 Special considerations:
The Navy will provide a test set as Government Furnished Equipment (GFE) to program, test and serialize the boards. The test set provides an automated test environment in which the boards IO Signals are all tested. The test set also creates a log of test reports and includes instructions. Nominally, it takes less than five minutes to program, test and serialize a board.
Section D - Packaging and Marking
| 5252.247-9507 | PACKAGING AND MARKING OF REPORTS (NAVAIR) (OCT 2005) | |
| (a) All unclassified data shall be prepared for shipment in accordance with best commercial practice. Classified reports, data and documentation, if any, shall be prepared for shipment in accordance with the National Industry Security Program Operating Manual, DoD 5220.22-M. | |
| (b) The contractor shall prominently display on the cover of each report the following information: | |
| | (1) Name and business address of contractor. |
| | (2) Contract Number/Delivery/Task order number. |
| | (3) Contract/Delivery/Task order dollar amount. |
| | (4) Whether the contract was competitively or non-competitively awarded. |
| | (5) Name of sponsoring individual. |
| | (6) Name and address of requiring activity. |
| 5252.247-9508 | PROHIBITED PACKING MATERIALS (NAVAIR) (JUN 1998) |
| The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use. |
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
| 0003 |
| Destination |
| Government |
| Destination |
| Government |
| 0004 |
| Destination |
| Government |
| Destination |
| Government |
| 0005 |
| Destination |
| Government |
| Destination |
| Government |
| 0006 |
| Destination |
| Government |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
Section F - Deliveries or Performance
| 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 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 52.211-8 | TIME OF DELIVERY (JUN 1997) - ALT III (APR 1984) |
| (a) The Government requires delivery to be made according to the following schedule: |
REQUIRED DELIVERY SCHEDULE
| CLIN |
| Within Days after Contract Award or Date of Order, as Applicable |
| 0001 |
| Deliver first-article units 90 days after receipt of award |
| 0003, 0005 |
| Deliver ordered units within 180 days after issuance of deliver order at a minimum rate of 250 per month |
All CLINs will be deilivered to:
NAVAL BASE VENTURA COUNTY
RECEIVING OFFICER
CODE N41VW/BLDG 65
625 LAGUNA ROAD
POINT MUGU CA 93042-5033
(805) 989-8107 FOB: Destination
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
| CLIN |
| Within Days after Contract Award or Date of Order, as Applicable |
0003, 0005
Section G - Contract Administration Data
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the ``Web Based Training'' link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s): COMBO
**If a “combo” document type is identified but not supportable by the Contractor’s business systems, an “invoice” (stand-alone) and “receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. N68936
(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: | | N64141 | |
| Issue By DoDAAC: | | N68936 | |
| Admin DoDAAC: | | N68936 | |
| Inspect By DoDAAC: | | _________________________ | |
| Ship To Code: | | | N68936 |
| Ship From Code: | | _________________________ | |
| Mark For Code: | | _________________________ | |
| Service Approver (DoDAAC): | _________________________ | | |
| Service Acceptor (DoDAAC): | _________________________ | | |
| Accept at Other DoDAAC: | _________________________ | | |
| LPO DoDAAC: | | _________________________ | |
| DCAA Auditor DoDAAC: | _________________________ | | |
| Other DoDAAC(s): | | _________________________ | |
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the ``Send Additional Email Notifications'' field of WAWF once a document is submitted in the system.
_@navy.mil / _@navy.mil / _@navy.mil
(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. N/A
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
*TO BE FILLED IN AT TIME OF AWARD
Section H - Special Contract Requirements
| 5252.210-9501 | AVAILABILITY OF UNIQUE DATA ITEM DESCRIPTIONS (UDIDs) AND DATA ITEM DESCRIPTIONS (DIDs) (NAVAIR) (AUG 2013) |
| Access Procedures for Acquisition Management System and Data Requirements Control List (AMSDL), DoD 5010.12-L, and DIDs listed therein. The AMSDL and all DIDs and UDIDs listed therein are available online via the Acquisition Streamlining and Standardization Information System located at https://assist.dla.mil/online/start/. To access these documents, select the Quick Search link on the site home page. |
| 5252.211-9502 | GOVERNMENT INSTALLATION WORK SCHEDULE (NAVAIR)(DEC 2014) |
| (a) The Holidays applicable to this contract are: New Year's Day, Martin Luther King's Birthday, President's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day. |
| (b) In the event that any of the above holidays occur on a Saturday or Sunday, or alternate Friday, then such holiday shall be observed as they are by the assigned Government employees at the using activity. |
| (c) The Naval Air Warfare Center Weapons Division works a 4/5/9 work schedule. Therefore alternate Fridays are not a part of the normal workweek for work performed on-site at a Naval Air Warfare Center Weapons Division site. The majority of the Government offices are closed on alternate Fridays. |
| (d) No deviation in the normal workweek will be permitted without express advance approval by the designated Contracting Officer with coordination of the using departments. |
| 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. |
| 5252.227-9507 | NOTICE REGARDING THE DISSEMINATION OF EXPORT-CONTROLLED TECHNICAL DATA (NAVAIR) (OCT 2005) | |
| (a) Export of information contained herein, which includes release to foreign nationals within the United States, without first obtaining approval or license from the Department of State for items controlled by the International Traffic in Arms Regulations (ITARS), or the Department of Commerce for items controlled by the Export Administration Regulations (EAR), may constitute a violation of law. | |
| (b) For violation of export laws, the contractor, its employees, officials or agents are subject to: | |
| | (1) Imprisonment and/or imposition of criminal fines; and |
| | (2) Suspension or debarment from future Government contracting actions. |
| (c) The Government shall not be liable for any unauthorized use or release of export-controlled information, technical data or specifications in this contract. | |
| (d) The contractor shall include the provisions or paragraphs (a) through (c) above in any subcontracts awarded under this contract. | |
| 5252.243-9504 | AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (NAVAIR) (JAN 1992) |
| (a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract. |
| (b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract. |
| (c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is: Mary Jacobs, 760-939-6043, mary.jacobs@navy.mil |
| 5252.243-9505 | ENGINEERING CHANGES (NAVAIR)(OCT 2005) | |
| (a) After contract award, the Contracting Officer may solicit, and the contractor is encouraged to propose independently, engineering changes to the equipment, software specifications or other requirements of this contract. These changes may be proposed for reasons of economy, improved performance, or to resolve increased data processing requirements. If the proposed changes are acceptable to both parties, the contractor shall submit a price change proposal to the Government for evaluation. Those proposed engineering changes that are acceptable to the Government will be processed as modifications to the contract. | |
| (b) This applies only to those proposed changes identified by the contractor, as a proposal submitted pursuant to the provisions of this clause. As a minimum, the following information shall be submitted by the contractor with each proposal: | |
| | (1) A description of the difference between the existing contract requirement and the proposed change, and the comparative advantages and disadvantages of each. |
| | (2) Itemized requirements of the contract that must be changed if the proposal is adopted, and the proposed revision to the contract for each such change. |
| | (3) An estimate of the changes in performance costs, if any, that will result from adoption of the proposal. |
| | (4) An evaluation of the effects the proposed change would have on collateral costs to the Government such as Government-furnished property costs, costs of related items, and costs of maintenance and operation. |
| | (5) A statement of the time by which the change order adopting the proposal must be issued so as to obtain the maximum benefits of the changes during the remainder of this contract. Also, any effect on the contract completion time or delivery schedule shall be identified. |
| (c) Engineering change proposals submitted to the Contracting Officer shall be processed expeditiously. The Government shall not be liable for proposal preparation costs or any delay in acting upon any proposal submitted pursuant to this clause. The contractor has the right to withdraw, in whole or in part, any engineering change proposal not accepted by the Government within the period specified in the engineering change proposal. The decision of the Contracting Officer as to the acceptance of any such proposal under this contract shall be final and shall not be subject to the “Disputes” clause of the contract. | |
| (d) The Contracting Officer may accept any engineering change proposal submitted pursuant to this clause by giving the contractor written notice thereof. This written notice may be given by issuance of a modification to this contract. Unless and until a modification is executed to incorporate an engineering change proposal under this contract, the contractor shall remain obligated to perform in accordance with the terms of the existing contract. | |
| (e) If an engineering change proposal pursuant to this clause is accepted and applied to this contract, an equitable adjustment in the contract price and in any other affected provisions of this contract shall be made in accordance with the “Changes” clause. | |
| (f) The contractor is requested to identify specifically any information contained in its engineering change proposal which it considers confidential and/or proprietary and which it prefers not to be disclosed to the public. The identification of information as confidential and/or proprietary is for information purposes only and shall not be binding on the Government to prevent disclosure of such information. Offerors are advised that such information may be subject to release upon request pursuant to the Freedom of Information Act (5 U.S.C. 552). | |
| 5252.246-9526 | PROVISIONAL ACCEPTANCE UNDER SPECIAL CONDITIONS (NAVAIR)(OCT 2005) | |
| (a) Acceptance under Special Conditions. The Government may, at the discretion of the Contracting Officer, finally or provisionally accept any supply prior to completion of work on such supply in the following situations: | |
| | (1) When the contractor, despite the exercise of due diligence, encounters unavoidable delay in securing contractor-furnished property; |
| | (2) When Government-furnished property suitable for installation in any supply to be furnished hereunder is not delivered to the contractor in sufficient time to permit installation by the contractor prior to the date the supply is scheduled for delivery; or, |
| | (3) When defects or deficiencies are known to exist in the supply, but when correction of the defects or deficiencies is not practicable within the delivery schedule set forth in the contract. |
| (b) Pending completion of any supply provisionally accepted under this provision, the Contracting Officer shall withhold an amount as he determines to be appropriate from the contract price that represents the estimated value of the work remaining to be performed. The withhold will be released after final acceptance. | |
Section I - Contract Clauses
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| MAY 2014 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.203-7 |
| Anti-Kickback Procedures |
| MAY 2014 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| MAY 2014 |
| 52.203-10 |
| Price Or Fee Adjustment For Illegal Or Improper Activity |
| MAY 2014 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| OCT 2010 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| JUL 2013 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| AUG 2013 |
| 52.209-9 |
| Updates of Publicly Available Information Regarding Responsibility Matters |
| JUL 2013 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| DEC 2014 |
| 52.211-5 |
| Material Requirements |
| AUG 2000 |
| 52.215-2 |
| Audit and Records--Negotiation |
| OCT 2010 |
| 52.215-8 |
| Order of Precedence--Uniform Contract Format |
| OCT 1997 |
| 52.215-14 |
| Integrity of Unit Prices |
| OCT 2010 |
| 52.215-21 |
| Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications |
| OCT 2010 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2014 |
| 52.219-14 |
| Limitations On Subcontracting |
| NOV 2011 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| JAN 2014 |
| 52.222-20 |
| Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000 |
| MAY 2014 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| APR 2015 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| JUL 2014 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUL 2014 |
| 52.222-37 |
| Employment Reports on Veterans |
| JUL 2014 |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act |
| DEC 2010 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.222-54 |
| Employment Eligibility Verification |
| AUG 2013 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.227-1 |
| Authorization and Consent |
| DEC 2007 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| DEC 2007 |
| 52.229-3 |
| Federal, State And Local Taxes |
| FEB 2013 |
| 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 |
| JUL 2013 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| JUL 2013 |
| 52.233-1 |
| Disputes |
| MAY 2014 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.243-1 |
| Changes--Fixed Price |
| AUG 1987 |
| 52.244-5 |
| Competition In Subcontracting |
| DEC 1996 |
| 52.244-6 |
| Subcontracts for Commercial Items |
| APR 2015 |
| 52.245-1 |
| Government Property |
| APR 2012 |
| 52.246-23 |
| Limitation Of Liability |
| FEB 1997 |
| 52.248-1 |
| Value Engineering |
| OCT 2010 |
| 52.249-2 |
| Termination For Convenience Of The Government (Fixed-Price) |
| APR 2012 |
| 52.249-8 |
| Default (Fixed-Price Supply & Service) |
| APR 1984 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7001 |
| 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 |
| 252.204-7000 |
| Disclosure Of Information |
| AUG 2013 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7012 |
| Safeguarding of Unclassified Controlled Technical Information |
| NOV 2013 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism |
| DEC 2014 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic (Nov 2014) |
| NOV 2014 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2012 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| FEB 2013 |
| 252.225-7036 |
| Buy American--Free Trade Agreement--Balance of Payments Program--Basic (Nov 2014) |
| NOV 2014 |
| 252.227-7013 |
| Rights in Technical Data--Noncommercial Items |
| FEB 2014 |
| 252.227-7016 |
| Rights in Bid or Proposal Information |
| JAN 2011 |
| 252.227-7030 |
| Technical Data--Withholding Of Payment |
| MAR 2000 |
| 252.227-7037 |
| Validation of Restrictive Markings on Technical Data |
| JUN 2013 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 52.203-17 | CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014) |
| (a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 if the National Defense Authorization Act for Fiscal Year 2013 (Pub.L. 112-239) and FAR 3.908. |
| (b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. |
| (c) The Contractor shall insert the substance of this clause, including paragraph (c), in all subcontracts over the simplified acquisition threshold. |
| 52.204-19 | INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) |
| The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. |
| 52.209-3 | FIRST ARTICLE APPROVAL--CONTRACTOR TESTING (SEP 1989) |
| (a) The Contractor shall test all unit(s) of Lot/Item CLIN 0001 as specified in this contract. At least 15 calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests. |
| (b) The Contractor shall submit the first article test report within 90 calendar days from the date of this contract to * marked "FIRST ARTICLE TEST REPORT: Contract No. * , Lot/ Item No. CLIN 0001 ". Within 3 calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval. |
| (c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests. |
| (d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. |
| (e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance. |
| (f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay. |
| (g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. |
| (h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver. |
* TO BE FILLED IN AT TIME OF AWARD
| 52.216-19 | ORDER LIMITATIONS (OCT 1995) | |
| (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than 1000, except first article testing , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. | |
| (b) Maximum order. The Contractor is not obligated to honor-- | |
| | (1) Any order for a single item in excess of 7500 ; |
| | (2) Any order for a combination of items in excess of 7500 ; or |
| | (3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. |
| (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. | |
| (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. | |
| 52.216-22 | INDEFINITE QUANTITY (OCT 1995) |
| (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. |
| (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." |
| (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. |
| (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after * . |
* To be completed at contract award
| 52.219-6 | NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011) | |
| (a) Definition. "Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. | |
| (b) Applicability. This clause applies only to-- | |
| | (1) Contracts that have been totally set aside or reserved for small business concerns; and |
| | (2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F). |
| (c) General. | |
| | (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected. |
| | (2) Any award resulting from this solicitation will be made to a small business concern. |
| (d) Agreement . A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts. | |
| 52.219-28 | POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013) | | |
| (a) Definitions. As used in this clause-- | | |
| Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority. | | |
| Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity. | | |
| (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: | | |
| | (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. | |
| | (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. | |
| | (3) For long-term contracts-- | |
| | | (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and |
| | | (ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter. |
| (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards/ . | | |
| (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. | | |
| (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations and Certification section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update. | | |
| (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. | | |
| (g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: | | |
| The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [_______] assigned to contract number [______________]. | | |
[Contractor to sign and date and insert authorized signer's name and title].
Signature Date Signer’s Printed Name Signer’s Title
| 52.223-11 | OZONE-DEPLETING SUBSTANCES (MAY 2001) | | |
| (a) Definition. “Ozone-depleting substance”, as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as-- | | |
| | (1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or | |
| | (2) Class II, including, but not limited to, hydrochlorofluorocarbons. | |
| (b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows: | | |
| | | WARNING: Contains (or manufactured with, if applicable) ___________*______________, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere. |
| *The Contractor shall insert the name of the substance(s). | | |
| 52.232-39 | UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013) | |
| (a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or other legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: | |
| | (1) Any such clause is unenforceable against the Government. |
| | (2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOX, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. |
| | (3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. |
| (b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. | |
| 52.232-40 | PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) |
| (a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contractor or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor. |
| (b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act. |
| (c) Include the substance of this clause, including this paragraph (c), in subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items. |
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
| 52.252-2 | CLAUSES INCORPORATED BY REFERENCE (FEB 1998) |
| This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/ or http://farsite.hill.af.mil. |
| 52.252-6 | AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) |
| (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. |
| (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. |
| 252.204-7004 | SYSTEM FOR AWARD MANAGEMENT (52.204-7)(DEC 2012) - ALT A (FEB 2014) | | |
| (a) Definitions. As used in this provision-- | | |
| “System for Award Management (SAM) database” means the primary Government repository for Contractor information required for the conduct of business with the Government. | | |
| “Commercial and Government Entity (CAGE) Code” means - | | |
| | (1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity: or | |
| | (2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and Maintains in the CAGE master file. This type of code is known as an"NCAGE code." | |
| “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. | | |
| “Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern. | | |
| “Registered in the System for Award Management (SAM) database” means that-- | | |
| | (1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; | |
| | (2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; | |
| | (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and | |
| | (4) The Government has marked the record “Active”. | |
| (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. | | |
| | (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. | |
| (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. | | |
| | (1) An offeror may obtain a DUNS number-- | |
| | | (i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or |
| | | (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. |
| | (2) The offeror should be prepared to provide the following information: | |
| | | (i) Company legal business. |
| | | (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. |
| | | (iii) Company Physical Street Address, City, State, and Zip Code. |
| | | (iv) Company Mailing Address, City, State and Zip Code (if separate from physical). |
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