RFQ_15-T-0096.pdf
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- AV-8B LPC1 Engine Blade Vibration Federal contract opportunity
- Solicitation number
- N6893615T0096
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CODE
(Hour)
PAGE(S)
until 05:00 PM local time 22 Apr 2015
X
A
X B
X C
D
EX
X
G
F 37 - 49
H joel.ashworth@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 50
(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)
JOEL B. ASHWORTH (760) 939-2459
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 - 2
3 - 11
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
12 - 14 J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
15 - 16
17 - 19 X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 20 - 21 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 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
22 - 35
PART II - CO NTRACT CLAUSES
CDR NAWCWD CODE 254100D
ATTN: J. ASHWORTH
(760) 939-2459
429 E BOWEN RD - STOP 4015
CHINA LAKE CA 93555
(760) 939-2459
(760) 939-0528FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.
1300435180
5. DATE ISSUED
23 Mar 2015
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
N68936-15-T-0096
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
Name: J. Blaine Ashworth
Phone: (760) 939-2459
DSN: 437-2459
FAX: (760) 939-0528
Email address: Joel.Ashworth@navy.mil
U.S. Postal Service Mailing Address:
COMMANDER
CODE 254120D (J. Ashworth – 760-939-2459)
NAVAIRWARCENWPNDIV
429 E. BOWEN RD. MAIL STOP 4015
CHINA LAKE, CA 93555-6108
Direct Delivery Address (UPS, FedEx, etc):
CODE 254120D (J. Ashworth)
NAVAIRWARCENWPNDIV
BLDG 982, MAIL STOP 4015
Name: Christopher Burchett
Phone: (760) 939-1832
DSN: 437-1832
FAX: (760) 939-0528
Email address: Christopher.Burchett@navy.mil
U.S. Postal Service Mailing Address:
CODE 254120D (C. Burchett – 760-939-1832)
NAVAIRWARCENWPNDIV
429 E. BOWEN RD. MAIL STOP 4015
Direct Delivery Address (UPS, FedEx, etc):
CODE 254120D (C. Burchett)
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 FRC East LPC-1 Ground Test
FFP
Perform in accordance with the Statement of Work (SOW) paragraph 3.2.1 Quick look reports, including any graphs, are due to the Government within 24 hours of each test. (CDRL A001)
FOB: Destination
PURCHASE REQUEST NUMBER: 1300435180
NET AMT
NAWC LPC-1 Flight/Ground Vibration Test
FFP
Perform in accordance with the Statement of Work (SOW) paragraph 3.2.2 Quick look reports, including any graphs, are due to the Government within 24 hours of each test. (CDRL A001)
PURCHASE REQUEST NUMBER: 1300435180
0002AA 1 Each NAWCWD LPC-1 Ground Vibration Test
FFP
0002AB 1 Each NAWCWD LPC-1 Ground Vibration Test
0002AC 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AD 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AE 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AF 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AG 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AH 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AJ 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AK 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AL 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AM 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AN 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AP 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AQ 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AR 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AS 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AT 1 Each NAWCWD LPC-1 Flight Vibration Test
0002AU 1 Each NAWCWD LPC-1 Flight Vibration Test
0003 1 Each Final Report
FFP
Perform in accordance with the Statement of Work (SOW) paragraph 3.1 The final report to include flight and ground testing results is due to the Government within
60 days of test completion (CDRL A002).
ITEM NO SUPPLIES/SERVICES AMOUNT
0004 Contract Data Requirements List (CDRLs)
NSP
In accordance with Exhibit A.
Section C - Descriptions and Specifications
STATEMENT OF WORK
GROUND AND FLIGHT TEST MEASUREMENT OF F402 LPC1 BLADE DYNAMIC
BEHAVIOR WITH BLADE VIBRATION MEASUREMENT SYSTEM
STATEMENT OF WORK
10 November 2014
1. Scope
1.1 General
The AV-8/T-45 Branch (45M100D) in conjunction with the AV-8B Joint System Support
Activity (JSSA) at the Naval Air Warfare Center, Weapons Division (NAWCWD), China Lake intends to procure testing and analyses support for the F402-RR-408A engine installed in an AV-
8B aircraft.
1.2 Purpose
The purpose of this contract is to procure testing and analyses support for a redesigned AV-8B
F402 Pegasus Engine Low Pressure Compressor Stage -1 (LPC-1) blade. The support includes:
1) the measure of the blade dynamic behavior utilizing a blade vibration measurement system composed of a combination of eddy current and optic probes for ground and flight test, and 2) the analyses of the blade response data, which will aid in the confirmation of adequate design margins for safe flight operations on the AV-8B aircraft.
1.3 Background
The AV-8B JSSA completed an LPC-1 flight test program spanning March 2011 to January 2013 utilizing the Hood Technologies blade vibration measurement system installed in a VX-31 AV-
8B Harrier. The flight test program included testing of 3 blade configurations executing the same flight test points. The analysis of the direct comparison of the dynamic behavior from the 3 configurations of the stage 1 blade resulted in Rolls-Royce proposing the development of a redesigned blade. PMA-257 and AIR 4.4, Propulsion and Power, desire a continuation of the flight test program to include the newly designed blade with the objective of a direct comparison of the blade behavior between the previous flight test programs.
2. Applicable Documents and Guidelines
NAVAIR Flight Test Plan for AV-8B Low Pressure Compressor Vibration Investigation
3. Technical Requirements
3.1 Flight and Ground Test Data Analysis
The contractor shall conduct testing and provide analysis of the LPC-1 blade behavior on the
Government-owned F402-RR-408A test engine during pass off ground testing after engine build at Flight Readiness Center-East (Cherry Point, NC), and on the installed test engine in an AV-8B
Government-owned flight test aircraft at NAWCWD China Lake. The blade vibration measurement system includes a combination of contractor designed eddy current and optic probes, cabling, and the data collection systems. The blade response data can be directly connected to a ground station or can be telemetered to a ground station. Specific tasks include, but are not limited to component fabrication hardware-in-the- loop (HIL) testing, participation in aircraft flight readiness reviews, test conduction, system analysis and reporting. The end result of these flight and ground test support services shall be delivered to the Government in the form of a final report to include flight and ground testing results and is due within 60 days of test completion (CDRL A002).
3.2 Flight and Ground Test Support
3.2. 1 Ground Test Support Tasks
The contractor shall provide on-site support at FRC-East (Cherry Point, NC) as follows:
(a) instrument the engine and set up blade vibration monitoring system;
(b) acquire engine vibration data during engine operation during engine pass off testing;
and
(c) remove instrumentation from engine. (CDRL A001)
3.2.2 Ground and Flight Test Support Tasks
The contractor shall provide on-site support at NAWCWD China Lake as follows:
(a) route optic fibers through VX-31 AV-8B (Buno 163871) flight test aircraft;
(b) install data acquisition units and terminate the fibers;
(c) monitor and verify blade vibration measurement system during unpowered low engine speed operation;
(d) monitor and verify blade vibration measurement system during low power engine operation;
(e) monitor and verify blade vibration measurement system during high power engine operation;
(f) monitor and verify blade vibration measurement data acquisition system during real time telemetry of data to the ground station during high power engine operation; and
(g) provide ground and flight test support for 2 ground test and 14 flight test events with not more than 2 flights a week, to include the following; support preflight brief, set up ground station at control center, monitor blade vibration monitoring data real time, disassemble ground station, support post flight brief, download data from aircraft hard drives, create quick look reports and graphs within 24 hours of completion of ground test or flight. (CDRL A001).
The Government will allow the Contractor up to seven days to outfit the flight test aircraft/engine with blade vibration monitoring system equipment prior to commencement of aircraft/engine testing.
4. Reports and Deliverables
The contractor shall prepare and deliver the following administrative and technical reports as specified:
CDRL A001- Daily Test Report
CDRL A002- Final Report
5. Special Considerations
5.1 Flight Safety Review Board
The contractor shall provide required information/data as necessary to confirm the configuration of the blade vibration monitoring system is safe for engine and flight testing.
5.2 Security Classification
All hardware, and documentation provided are UNCLASSIFIED/FOUO.
Engineering support and flight testing are UNCLASSIFED/FOUO.
6. Place of Performance
Reporting and data analysis work, meetings, and related test activities for this effort shall be performed in Hood River OR, NAWCWD China Lake CA, and FRC-East (Cherry Point, NC) or other contractor or government facilities as required.
7. Travel
Travel funding will be estimated per task according to the table below and funding will be provided for travel in conjunction with the their corresponding tasks.
SOW Task Location and Description
3.2.1 1 trip for 2 persons for 7 days from Hood River, OR to Cherry Point, NC.
3.2.2 10 trips for 2 persons for 5 days from Hood River, OR to China Lake, CA.
8. Technical Coordination
Technical Point of Contact (TPOC):
John Nelson / Hal Bennett
AV8B JSSA
China Lake, CA
760-939-2115/760-939-5808
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
0002AA Destination Government Destination Government
0002AB Destination Government Destination Government
0002AC Destination Government Destination Government
0002AD Destination Government Destination Government
0002AE Destination Government Destination Government
0002AF Destination Government Destination Government
0002AG Destination Government Destination Government
0002AH Destination Government Destination Government
0002AJ Destination Government Destination Government
0002AK Destination Government Destination Government
0002AL Destination Government Destination Government
0002AM Destination Government Destination Government
0002AN Destination Government Destination Government
0002AP Destination Government Destination Government
0002AQ Destination Government Destination Government
0002AR Destination Government Destination Government
0002AS Destination Government Destination Government
0002AT Destination Government Destination Government
0002AU Destination Government Destination Government
0003 Destination Government Destination Government
0004 Destination Government Destination Government
CLIN INSPECTION AND ACCEPTANCE TERMS
CLIN 0001 Destination inspection of the supplies to be furnished hereunder shall be conducted located at China
Lake, CA, by John Nelson. Final acceptance shall be in accordance with CDRL A001.
CLIN 0002 Destination inspection of the supplies to be furnished hereunder shall be conducted located at China
Lake, CA, by John Nelson. Final acceptance shall be in accordance with CDRL A001.
CLIN 0003 Destination inspection of the supplies to be furnished hereunder shall be conducted located at China
Lake, CA, by John Nelson. Final acceptance shall be in accordance with CDRL A002.
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 31-JUL-2015 1 CDR NAWCWD CODE 45M100D
JOHN W NELSON
507 E CORSAIR ST
MAIL STOP 2004
CHINA LAKE CA 93555-6108
760-939-2115
N68936
0002 N/A N/A N/A N/A
0002AA 31-JUL-2015 1 CDR NAWCWD CODE 45M100D
JOHN W NELSON
507 E CORSAIR ST
MAIL STOP 2004
CHINA LAKE CA 93555-6108
760-939-2115
0002AB 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AC 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AD 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AE 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AF 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AG 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AH 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AJ 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AK 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AL 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AM 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AN 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AP 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AQ 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AR 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AS 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AT 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0002AU 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0003 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
0004 31-JUL-2015 1 (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.242-15 Stop-Work Order AUG 1989
52.247-34 F.O.B. DESTINATION (NOV 1991)
(a) The term "f.o.b. destination," as used in this clause, means-
(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and
(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including
"piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for
"heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.
(b) The Contractor shall-
(1)(i) Pack and mark the shipment to comply with contract specifications; or
(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;
(2) Prepare and distribute commercial bills of lading;
(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;
(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;
(5) Furnish a delivery schedule and designate the mode of delivering carrier; and
(6) Pay and bear all charges to the specified point of delivery.
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 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).
(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.
(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: To Be Filled In at Award
Issue By DoDAAC: To Be Filled In at Award
Admin DoDAAC: To Be Filled In at Award
Inspect By DoDAAC: To Be Filled In at Award
Ship To Code: To Be Filled In at Award
Ship From Code: To Be Filled In at Award
Mark For Code: To Be Filled In at Award
Service Approver (DoDAAC): To Be Filled In at Award
Service Acceptor (DoDAAC): To Be Filled In at Award
Accept at Other DoDAAC: To Be Filled In at Award
LPO DoDAAC: To Be Filled In at Award
DCAA Auditor DoDAAC: To Be Filled In at Award
Other DoDAAC(s): _________________________
(*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.")
(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.
Section I - Contract Clauses
52.203-3 Gratuities APR 1984
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 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
52.212-4 Contract Terms and Conditions--Commercial Items DEC 2014
52.222-3 Convict Labor JUN 2003
52.222-21 Prohibition Of Segregated Facilities FEB 1999
52.222-26 Equal Opportunity MAR 2007
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 FEB 2009
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.229-4 Federal, State, And Local Taxes (State and Local
Adjustments)
FEB 2013
52.232-17 Interest MAY 2014
52.233-3 Protest After Award AUG 1996
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7000 Disclosure Of Information AUG 2013
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
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
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7001 Buy American And Balance Of Payments Program-- Basic
(Nov 2014)
NOV 2014
252.225-7012 Preference For Certain Domestic Commodities FEB 2013
252.225-7013 Duty-Free Entry--Basic (Nov 2014) NOV 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
252.227-7015 Alt I Technical Data--Commercial Items (FEB 2014) Alternate I DEC 2011
252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988
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
252.247-7023 Transportation of Supplies by Sea APR 2014
252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
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.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEC 2014) (DEVIATION 2013-O0019:
SEP 2013)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010)(Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (May 2014)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include
52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). Flow down required in accordance with paragraph (1) of FAR Clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).
(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).
(vii) 52.222-37, Employment Reports on Veterans (Jul 2014)(38 U.S.C. 4212).
(viii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)(E.O.
13496). Flow down required in accordance with paragraph (f) of clause 52.222-40.
(ix) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. Chapter 67).
(x) 52.222-50, Combating Trafficking in Persons (Feb 2009)(22 U.S.C. 7104(g)).
[ ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(xi) 52.222-51, Exemption from Application of the Service Contract Labor Standard to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. Chapter 67).
(xii) 52.222-53, Exemption from Application of the Service Contract Labor Standard to Contracts for Certain
Services-Requirements (May 2014) (41 U.S.C. Chapter 67).
(xiii) 52.222-54, Employment Eligibility Verification (Jul 2012).
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)(42 U.S.C. 1792).
Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xvi) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658).
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
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].
http://www.sba.gov/content/table-small-business-size-standards/
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.
“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. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2), respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract.
(4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana
Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986(after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), within 180 calendar days of--
(i) Enrollment in the E-Verify program; or
(ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU).
(5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-
Verify program MOU. (i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the
MOU. In such case, the Contractor will be referred to a suspension or debarment official.
(ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify.
(c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify
52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (MAY
2014)
(a) The Contractor, in connection with this contract, shall--
(1) Comply with the requirements of 48 CFR 9904.401, Consistency in Estimating, Accumulating, and
Reporting Costs; 48 CFR 9904.402, Consistency in Allocating Costs Incurred for the Same Purpose; 48 CFR
9904.405 Accounting for Unallowable Costs; and 48CFR 9904.406, Cost Accounting Standard--Cost Accounting
Period, in effect on the date of award of this contract as indicated in 48 CFR Part 9904.
(2) (CAS-covered Contracts Only) If it is a business unit of a company required to submit a Disclosure
Statement, disclose in writing its cost accounting practices as required by 48 CFR 9903.202-1 through 9903.202-5. If the Contractor has notified the Contracting Officer that the Disclosure Statement contains trade secrets and commercial or financial information which is privileged and confidential, the Disclosure Statement shall be protected and shall not be released outside of the Government.
(3)(i) Follow consistently the Contractor's cost accounting practices. A change to such practices may be proposed, however, by either the Government or the Contractor, and the Contractor agrees to negotiate with the
Contracting Officer the terms and conditions under which a change may be made. After the terms and conditions under which the change is to be made have been agreed to, the change must be applied prospectively to this contract, and the Disclosure Statement, if affected, must be amended accordingly.
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.dhs.gov/E-Verify
(ii) The Contractor shall, when the parties agree to a change to a cost accounting practice and the Contracting
Officer has made the finding required in 48 CFR 9903.201-6(c), that the change is desirable and not detrimental to the interests of the Government, negotiate an equitable adjustment as provided in the Changes clause of this contract.
In the absence of the required finding, no agreement may be made under this contract clause that will increase costs paid by the United States.
(4) Agree to an adjustment of the contract price or cost allowance, as appropriate, if the Contractor or a subcontractor fails to comply with the applicable CAS or to follow any cost accounting practice, and such failure results in any increased costs paid by the United States. Such adjustment shall provide for recovery of the increased costs to the United States together with interest thereon computed at the annual rate established under section
6621(a)(2) of the Internal Revenue Code of 1986 (26 U.S.C. 6621(a)(2)), from the time the payment by the United
States was made to the time the adjustment is effected.
(b) If the parties fail to agree whether the Contractor has complied with an applicable CAS, rule, or regulation as specified in 48 CFR, Parts 9903 and 9904 and as to any cost adjustment demanded by the United States, such failure to agree will constitute a dispute under 41 U.S.C. chapter 71, Contract Disputes.
(c) The Contractor shall permit any authorized representatives of the Government to examine and make copies of any documents, papers, and records relating to compliance with the requirements of this clause.
(d) The Contractor shall include in all negotiated subcontracts, which the Contractor enters into, the substance of this clause, except paragraph (b), and shall require such inclusion in all other subcontracts of any tier, except that--
(1) If the subcontract is awarded to a business unit which pursuant to 48 CFR 9903.201-2 is subject to other types of CAS coverage, the substance of the applicable clause set forth in subsection 30.201-4 of the Federal
Acquisition Regulation shall be inserted.
(2) This requirement shall apply only to negotiated subcontracts in excess of $700,000.
(3) The requirement shall not apply to negotiated subcontracts otherwise exempt from the requirement to include a CAS clause as specified in 48 CFR 9903.201-1.
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.
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
When submitting a request for payment, the Contractor shall--
(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each contract line item…
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