15-R-0061_RFP_Solcitation.pdf
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- Wave Relay Systems
- Solicitation number
- N6893615R0061
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15-R-0061 RFP Solcitation
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CODE
(Hour)
PAGE(S)
until 01:00 PM local time 31 Jul 2015
X
A
X B
X C X D
EX
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F 37 - 43
44 - 53
X H ryan.robinson@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 53
(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.
N68936 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)
RYAN N. ROBINSON 760-939-8160
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 - 2
3 - 4
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT
PACKAGING AND MARKING
5 - 6
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
8 - 9
10 - 11 X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 12 - 15 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 16 - 17 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 - REPRESENTATIO NS AND INSTRUCTIO NS
PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS
18 - 36
PART II - CO NTRACT CLAUSES
CDR NAWCWD CODE 254100D
ATTN: R. ROBINSON
(760) 939-8160
429 E BOWEN RD - STOP 4015
CHINA LAKE CA 93555
760-939-8160
760-939-8144FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.
1300433058
5. DATE ISSUED
08 Jul 2015
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
N68936-15-R-0061
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
Contract Specialist:
Name: Ryan Robinson
Phone: (760) 939- 8160
DSN: 437- 8592
FAX: (760) 939- 0528
Email address: ryan.robinson@navy.mil
U.S. Postal Service Mailing Address:
COMMANDER
CODE 254130D (R. ROBINSON – 760-939-8160)
NAVAIRWARCENWPNDIV
429 E. BOWEN RD. MAIL STOP 4015
CHINA LAKE, CA 93555-6108
Direct Delivery Address (UPS, FedEx, etc):
CODE 254130D (R. ROBINSON)
NAVAIRWARCENWPNDIV
BLDG 982, MAIL STOP 4015
Contracting Officer:
Name: Steven Shultz
Phone: (760) 939- 8895
DSN: 437-38895
FAX: (760) 939- 0528
Email address: steven.shultz @navy.mil
U.S. Postal Service Mailing Address:
CODE 254130D (S. SHULTZ – 760-939-8895)
NAVAIRWARCENWPNDIV
429 E. BOWEN RD. MAIL STOP 4015
Direct Delivery Address (UPS, FedEx, etc):
CODE 254130D (S. SHULTZ))
NAVAIRWARCENWPNDIV
BLDG 982, MAIL STOP 4015
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lot Wave Relay Hardware
FFP
The contractor shall provide wave relay tracking antenna systems, relay radio routers, and other miscellaneous wave relay hardware/parts for UAS systems in accordance with the Persistent Systems Product Catalog indentified in Section J.
Specific hardware will be identified in individual orders.
FOB: Destination
PURCHASE REQUEST NUMBER: 1300433058
NET AMT
0002 1,000 Hours Integration Services
FFP
The contractor shall provide the labor to perform integration services in accordance with the Statement of Work (SOW). Services will be specified in the SOW included in task orders.
0003 1 Lot Training
FFP
The contractor shall provide training for the use and setup of Wave Relay systems in accordance with Section C of the Statement of Work. Training shall include instruction on Wave Relay system theory, Wave Relay hardware assembly, connectivity verification, and user interfaces (GUI). Specific training requirements will be identified at the order level.
Section C - Descriptions and Specifications
STATEMENT OF WORK
Wave Relay Systems
Statement of Work
1.0 Introduction
The Irregular Warfare Technology Office (IWTO) at Naval Air Warfare Center, Weapons Division (NAWCWD)
China Lake, is supporting the Navy and Special Forces with Unmanned System research and development (R&D), payload integrations, and rapid fielding.
1.1 Background
The NAWCWD IWTO objective is to provide Wave Relay Systems to support these integrations and provide the warfighter with increased Wave Relay and communication capabilities.
1.2 Scope
IWTO intends to procure various types of Wave Relay Systems over a five year period. IWTO will specify the applicable deliverable for each procurement through the issuance of individual Delivery Orders (DOs).
2.0 Applicable Documents
2.1 DoD 5200.01, Volume 4, DoD Information Security Program Manual, dated February 24, 2012
2.2 DoD 5400.7-R, DoD Freedom of Information Act Program, dated Sep 1998
2.3 DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM), dated 28
February 2006
2.4 DoDD 5230.24, Statement on Technical Documents, dated 18 March 1987
2.5 SECNAV M-5510.36, DoN Information Security Program, dated June 2006
2.6 ITAR 22 C.F.R 120-130, International Traffic in Arms Regulations, dated 1 April 2011
3.0 Requirements
The contractor shall provide mobile ad hoc networking (MANET) Wave Relay systems and miscellaneous hardware and spare parts for unmanned air system (UAS) applications. The Wave Relay system shall be user scalable to meet mission requirements. The Wave Relay systems shall be secure, peer-to-peer, wireless internet protocol (IP) based networks capable of providing data, video, and voice.
3.1 Hardware Systems
The contractor shall provide tracking antenna systems, multi-radio routers, compact single radio boards, and respective antennas for use with and integration into unmanned systems. The hardware is identified in the Parts
List attached to Section J of the basic award. Any hardware systems not included in the Parts List will be negotiated separately and included in the Parts List, as required. Specific hardware purchases will be made at the order level.
3.2 Spare Parts
The contractor shall provide individual hardware and software items needed to sustain Wave Relay systems. The spare parts are identified in the Parts List in Section J of the basic award. Any spare parts not included in the Parts
List will be negotiated separately and included in the Parts List, as required. Specific spare parts purchases will be made at the order level.
3.3 Integrations Services
The contractor shall provide Wave Relay subject matter expertise (SME) and technician engineering services for integration of Wave Relay systems. The contractor shall provide Wave Relay troubleshooting and integration support of the hardware equipment onto naval platforms. Integration services shall be performed at the contractor’s facility and designated government facilities within the continental United States (CONUS). Specific integration support requirements will be identified at the order level.
3.4 Training
The contractor shall provide training for the use and setup of Wave Relay systems. Training shall include instruction on Wave Relay system theory, Wave Relay hardware assembly, connectivity verification, and user interfaces (GUI). Training shall include novice and intermediate level options with classroom and/or applied
(hands on) exercises. Training shall be available at the contractor facility and at designated government facilities.
Specific training requirements will be identified at the order level.
3.5 Travel
The contractor shall travel for integration services and training requirements. Travel is expected to include the following locations: China Lake, CA; Camp Roberts, CA; San Diego, CA; Hood River, OR; Bremerton, WA; Fort
A.P. Hill, VA; Norfolk, VA.
4.0 Deliverables
Products procured as part of this contract are considered time critical, therefore, timely delivery of the subject products is extremely important. Deliver lead times shall not exceed four weeks after receipt of order.
4.1.1 The contractor shall be responsible for delivery of all items to NAWCWD-CL IWTO as delineated in 4.0.
Section D - Packaging and Marking
5252.247-9508 PROHIBITED PACKING MATERIALS (NAVAIR) (JUN 1998)
The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.
5252.247-9509 PRESERVATION, PACKAGING, PACKING AND MARKING (NAVAIR)(JUL 1998)
(a) Preservation, packaging and packing shall conform to prevailing industry standards for the type of commodity purchased under this contract.
(b) All packages will be clearly marked with applicable contract number/delivery order number, and will contain appropriate packing slip. All deliveries will be marked for and/or consigned.
(c) In the event of any discrepancy in material shipped (overage, technical rejection, damage), the contractor shall, immediately upon request of the Contracting Officer, furnish disposition instructions. Normally, such disposition instruction shall be a properly completed Commercial Bill of Lading, which includes, but is not limited to, the mode of shipment, routing, special handling, and so forth.
(d) If the contractor is required to install equipment upon delivery, then the contractor shall inform the
Government of the date of shipment from the contractor’s facilities and the anticipated date of arrival at the site.
This report shall be made no later than the actual date that the shipment is made from the contractor’s facilities. The report may be made by facsimile or e-mail, to the point of contact listed in Section G. All transportation, rigging, drayage, packing, unpacking, and handling necessary to accomplish the installation shall be the responsibility of the contractor.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-2 Inspection Of Supplies--Fixed Price AUG 1996
52.246-4 Inspection Of Services--Fixed Price AUG 1996
52.246-16 Responsibility For Supplies APR 1984
252.246-7000 Material Inspection And Receiving Report MAR 2008
5252.246-9512 INSPECTION AND ACCEPTANCE (NAVAIR) (OCT 2005)
(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by the
Government.
(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.
5252.246-9514 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.
The attached form will not be used for high cost data such as drawings, specifications, and technical manuals.
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 30-AUG-2015 1 CDR NAWCWD CODE 452400D
NORELLE SHLANTA
1 ADMINISTRATION CIRCLE.
STOP 6703 BLDG. 00012
CHINA LAKE CA 93555
760-939-1586
N68936
0002 30-AUG-2015 1,000 (SAME AS PREVIOUS LOCATION)
0003 30-AUG-2015 1 (SAME AS PREVIOUS LOCATION)
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
5252.247-9505 TECHNICAL DATA AND INFORMATION (NAVAIR) (FEB 1995)
Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data
Requirements List, DD Form 1423, Exhibit A, attached hereto, and the following:
(a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13
(date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below.
Additionally, the technical data shall be delivered to the following cognizant codes, who are listed in Block 6 of the
DD Form 1423.
(1) PCO, Code 254130D.
(b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO.
(c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6.
(d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements
(i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above.
(e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government.
(f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection.
(g) DD Form 1423, Block 14 Mailing Addresses
Section G - Contract Administration Data
5252.232-9511 Notice Of Requirement For Prompt Payment MAR 2006
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 System for Award Management 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).
___________________Invoice___________________________________________________
(Contracting Officer: Insert applicable document type(s). Note: 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.
____________________N/A_____________________________________________________
(Contracting Officer: Insert inspection and acceptance locations or "Not applicable.")
(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: __HQ0337_________________ Issue By DoDAAC: __N68936_________________
Admin DoDAAC: __S3309A_________________
Inspect By DoDAAC: __N68936_________________
Ship To Code: __N68936_________________
Ship From Code: _________________________
Mark For Code: _________________________
Service Approver (DoDAAC): _________________________
Service Acceptor (DoDAAC): __N68936_________________
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.
(Contracting Officer: Insert applicable email addresses or "Not applicable.")
(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. For Navy WAWF questions call DFAS Customer Care 1-
800-756-4571 option 6
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
5252.201-9500 TECHNICAL POINT OF CONTACT (TPOC)(NAVAIR)(SEP 2012)
(a) The Technical Point of Contact (TPOC) for this contract is:
NORELLE SHLANTA
1 ADMINISTRATION CIRCLE.
STOP 6703 BLDG. 00012
CHINA LAKE CA 93555
TEL: 760-939-1586
NORELLE.SHLANTA@NAVY.MIL
(b) This individual is not a Contracting Officer nor a Contracting Officer's Representative (COR)/Task Order COR
(TOCOR) and has no authority to make changes, verbally or otherwise, to the existing contract or order. Further, no authority has been delegated to this individual by the Procuring Contracting Officer (PCO).
(c) The contractor may use this technical POC for technical questions related to the existing contract or order.
Also, as a representative of the requiring activity, the TPOC may perform or assist in such areas as: base access forms, security related issues, IT access requirements, Contractor Performance Assessment Reporting System
(CPARS), clarification of technical requirements, and statement of work inquires.
(d) The contractor shall immediately notify the Procuring Contracting Officer in writing if the contractor interprets any action by the TPOC to be a change to the existing contract.
5252.201-9502 CONTRACTOR’S AUTHORIZED CONTRACT COORDINATOR AND TECHNICAL
LIAISON (NAVAIR)(OCT 2005)
(a) The contractor shall state below the name and telephone numbers of the contractor’s employees responsible for coordination of contract functions/liaison with the Contracting Officer and/or Contract administrator, and providing technical assistance as required regarding product specifications, functionality, etc.
CONTRACT COORDINATOR:
NAME: _______________________________________
PHONE (BUS): ___________________________________
PHONE (AFTER HOURS): _________________________
ALTERNATE:
NAME: _______________________________________
PHONE (BUS): ___________________________________
PHONE (AFTER HOURS): _________________________
(b) The contractor shall notify the Contracting Officer and/or Contract Administrator in advance, in writing, of any changes in the above listed personnel.
5252.204-9503 EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007)
(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the
Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party might be considered to the extent permitted by law.
(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.
5252.242-9511 CONTRACT ADMINISTRATION DATA (NAVAIR)(SEP 2012)
(a) Contract Administration Office.
(1) The following contract administration functions (see FAR 42.302(a) and DFARS 242.302(a) will be retained by the Procuring Contracting Officer (PCO): FAR 42.302(a) (3), (44),(45), (51), (58)(67), (70).
(2) The remaining contract administration functions are assigned (see FAR 42.302) to DCMA Garden City, 605
Stewart Ave Garden City, NY 11530-4706.
(c) Inquiries regarding payment should be referred to: MyInvoice at https://myinvoice.csd.disa.mil//index.html.
5252.242-9511 CONTRACT ADMINISTRATION DATA (NAVAIR)(SEP 2012)
(a) Contract Administration Office.
https://myinvoice.csd.disa.mil/index.html
(1) The following contract administration functions (see FAR 42.302(a) and DFARS 242.302(a) will be retained by the Procuring Contracting Officer (PCO): FAR 42.302(a) (3), (44),(45), (51), (58)(67), (70).
(2) The remaining contract administration functions are assigned (see FAR 42.302) to DCMA Garden City, 605
Stewart Ave Garden City, NY 11530-4706.
(c) Inquiries regarding payment should be referred to: MyInvoice at https://myinvoice.csd.disa.mil//index.html.
G-TXT-01 ATTENTION! E-MAIL ADDRESS REQUIRED FOR DISTRIBUTION
All Naval Air Warfare Center Weapons Division Contracts/ Purchase Orders and other related documents are now distributed by electronic mail.
Please provide the e-mail address to which distribution of contracts/purchase orders should be made.
E-Mail Address:___________________________________________________ https://myinvoice.csd.disa.mil/index.html
Section H - Special Contract Requirements
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.
5252.243-9504 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:
Steven Shultz
Code 254130D
429 E. Bowen Rd., MS 4015
China Lake, CA. 93555
(760) 939-8152
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
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees APR 1984
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
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
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
DEC 2014
52.211-5 Material Requirements AUG 2000
52.211-15 Defense Priority And Allocation Requirements APR 2008
52.212-4 Contract Terms and Conditions--Commercial Items DEC 2014
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011
52.215-14 Integrity of Unit Prices OCT 2010
52.215-15 Pension Adjustments and Asset Reversions OCT 2010
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.219-8 Utilization of Small Business Concerns OCT 2014
52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013
52.222-3 Convict Labor JUN 2003
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
52.222-50 Combating Trafficking in Persons MAR 2015
52.223-6 Drug-Free Workplace MAY 2001
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 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
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.233-1 Disputes MAY 2014
52.233-3 Protest After Award AUG 1996
52.242-13 Bankruptcy JUL 1995
52.243-1 Changes--Fixed Price AUG 1987
52.244-6 Subcontracts for Commercial Items APR 2015
52.245-1 Government Property APR 2012
52.245-9 Use And Charges 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
52.252-4 Alterations in Contract 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
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.204-7006 Billing Instructions OCT 2005
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
DEC 2014
252.211-7003 Item Unique Identification and Valuation DEC 2013
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
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
252.225-7013 Duty-Free Entry--Basic (Nov 2014) NOV 2014
252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011
252.225-7993 (Dev) Prohibition on Contracting with the Enemy (Deviation) SEP 2014
252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business
Concerns
SEP 2004
252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014
252.227-7037 Validation of Restrictive Markings on Technical Data JUN 2013
252.231-7000 Supplemental Cost Principles DEC 1991
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.239-7001 Information Assurance Contractor Training and Certification JAN 2008
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.247-7023 Transportation of Supplies by Sea APR 2014
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
52.211-5 MATERIAL REQUIREMENTS (AUG 2000)
(a) Definitions. As used in this clause --
New means composed of previously unused components, whether manufactured from virgin material, recovered material in the form of raw material, or materials and by-products generated from, and reused within, an original manufacturing process; provided that the supplies meet contract requirements, including but not limited to, performance, reliability, and life expectancy.
Reconditioned means restored to the original normal operating condition by readjustments and material replacement.
Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
Remanufactured means factory rebuilt to original specifications.
Virgin material means--
(1) Previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore; or
(2) Any undeveloped resource that is, or with new technology will become, a source of raw materials.
(b) Unless this contract otherwise requires virgin material or supplies composed of or manufactured from virgin material, the Contractor shall provide supplies that are new, reconditioned, or remanufactured, as defined in this clause.
(c) A proposal to provide unused former Government surplus property shall include a complete description of the material, the quantity, the name of the Government agency from which acquired, and the date of acquisition.
(d) A proposal to provide used, reconditioned, or remanufactured supplies shall include a detailed description of such supplies and shall be submitted to the Contracting Officer for approval.
(e) Used, reconditioned, or remanufactured supplies, or unused former Government surplus property, may be used in contract performance if the Contractor has proposed the use of such supplies, and the Contracting Officer has authorized their use.
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 $500.00, 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 $500.00;
(2) Any order for a combination of items in excess of * ; or
(3) A series of orders from the same ordering office within 3 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.
*To be completed at the time of award.
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 180 days after the end of the ordering period.
052.219-28 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 334220 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
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (AUG 2013)
(a) Definitions. As used in this clause—“Commercially available off-the-shelf (COTS)” item--
(1) Means any item of supply that is--
(i) A commercial item (as defined in paragraph (1) of the definition at 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products. Per 46 CFR 525.1(c)(2), “bulk cargo” means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo.
“Employee assigned to the contract” means an employee who was hired after November 6, 1986 (after November
27, 2009, in the Commonwealth of the Northern Mariana Islands), who is directly performing work, in the United
States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee--
(1) Normally performs support work, such as indirect or overhead functions; and
(2) Does not perform any substantial duties applicable to the contract.
“Subcontract” means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
http://www.sba.gov/content/table-small-business-size-standards/
“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor.
“United States”, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands.
(b) Enrollment and verification requirements. (1) If the Contractor is not enrolled as a Federal Contractor in E-
Verify at time of contract award, the Contractor shall--
(i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award;
(ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-
Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the
United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph
(b)(3) of this section); and
(iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).
(2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of--
(i) All new employees. (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or
(B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in
E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United
States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or
(ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section).
(3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires.
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