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N68936-15-T-0256
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
| Name: | Susan Wigfield |
| Phone: | (760) 939-4134 |
| FAX: | (760) 939-3095 |
Email address: susan.wigfield@navy.mil
U.S. Postal Service Mailing Address:
| COMMANDER |
| CODE 220000D (S. Wigfield – 760-939-XXXX) |
| NAVAIRWARCENWPNDIV |
| 429 E. BOWEN RD. MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
Direct Delivery Address (UPS, FedEx, etc):
| COMMANDER |
| CODE 220000D (S. Wigfield) |
| NAVAIRWARCENWPNDIV |
| BLDG 982, MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
China Lake Bldg 00005 S100 Corridor to
FFP
Room 1000Q AECS. Contractor to relocate existing AECS CAC reader & Scramble pad form from current door control panel location in China Lake (CL) Building 00006 to new door control panel located in CL Building 00005 Room 1000Q. The door is located at the entry into Building 00005 into the S100 corridor.
Your quote must include the following information to be responsive:
1) Specification sheet for technical evaluation.
2) CAGE code.
3) DUNS number.
4) Estimated delivery time.
5) FOB Destination pricing.
6) Payment terms (example: Net 30 days).
7) Country of origin of material.
8) Does your company use online invoicing (wide area work flow)?
9) Please include contractor's name, business size, point of contact, address, phone number, fax number, and email address.
FOB: Destination
PURCHASE REQUEST NUMBER: 1300513238
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
China Lake Building 12530 Magazine IDS
Contract to relocate existing IDS system and network equipment from Building 12540 to Building #12530 Magazine IDS
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
China Lake Building 70080 AECS & IDS
Contractor to install a new 8 Door AECS Control Panel CL Building 70080 AECS & IDS. The contractor shall also install a IDS system with new BMS switches & motion sensors.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Point Mugu Building #159 AECS & IDS
Contractor shall install a new 4 Door AECS Control Panel in PM Building #159 AECS & IDS. Contractor to install a IDS system with new BMS switches & motion sensors.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Point Mugu Building #606 AECS & IDS
Contract to install new 2 Door AECS Control Panel and install IDS system with new BMS switches & motion sensors in PM Building #606 AECS & IDS, NET AMT
Section E - Inspection and Acceptance
| E-TXT-04 | INSPECTION AND ACCEPTANCE (DESTINATION) (APR 2002) |
| Inspection and acceptance of the supplies or services to be furnished hereunder shall be made at destination by the receiving activity. |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC |
CLAUSES INCORPORATED BY REFERENCE
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| F-TXT-10 | SHIPPING INSTRUCTIONS (CHINA LAKE) (AUG 2015) | | |
| SHIP TO: | NAVAL AIR WARFARE CENTER WEAPONS DIVISION (NAWCWD) | |
| | | Receiving Officer, Code FLCSD400G |
| | | Bldg. 1024, Blandy Ave. |
| | | N68936-15-T-0256 |
| | | China Lake, CA 93555-6100 |
| | | Attn: Jerry Poteet |
| | | Code & Phone: 7J2000D, 760-939-0992 |
| Failure to mark each shipping label and packing list as indicated above may result in return of shipment at your expense, or will cause a delay in processing your invoice for payment. |
| DOCK HOURS are Monday through Thursday, and Alternating Fridays, 0730-1530. If you anticipate making delivery on a Friday please call Receiving at (760) 939-2305 to verify receiving dock hours. |
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): COMBO
**If a “combo” document type is identified but not supportable by the Contractor’s business systems, an “invoice” (stand-alone) and “receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. N68936
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF
| Pay Official DoDAAC: | | N64141 | |
| Issue By DoDAAC: | | N68936 | |
| Admin DoDAAC: | | N68936 | |
| Inspect By DoDAAC: | | _________________________ | |
| Ship To Code: | | | N68936 |
| Ship From Code: | | _________________________ | |
| Mark For Code: | | _________________________ | |
| Service Approver (DoDAAC): | _________________________ | | |
| Service Acceptor (DoDAAC): | _________________________ | | |
| Accept at Other DoDAAC: | _________________________ | | |
| LPO DoDAAC: | | _________________________ | |
| DCAA Auditor DoDAAC: | _________________________ | | |
| Other DoDAAC(s): | | _________________________ | |
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the ``Send Additional Email Notifications'' field of WAWF once a document is submitted in the system.
POC:___________________________
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. N/A
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
To be completed at time of award.
| 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:___________________________________________________ |
Section I - Contract Clauses
| 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 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| MAY 2015 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| APR 2015 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUL 2014 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| JUL 2013 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 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 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 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 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
| 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 (DEVIATION 2013-O0019:SEP 2013)(APR 2015) | | |
| (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 (Oct 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) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). |
| | | (v) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). |
| | | (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). |
| | | (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793). |
| | | (viii) 52.222-37, Employment Reports on Veterans (Jul 2014)(38 U.S.C. 4212). |
| | | (ix) 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. |
| | | (x) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. Chapter 67). |
| | | (xi)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015)(22 U.S.C. chapter 78 and E.O. 13627). |
| | | (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 78 and E.O. 13627). |
| | | (xii) 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). |
| | | (xiii) 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). |
| | | (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). |
| | | (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658). |
| | | (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). |
| | | (xvii) 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. |
| | | (xvii) 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. |
| | (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. | |
| 52.212-5 | CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019:SEP 2013)(APR 2015) - ALT I (JUL 2014) | | |
| (a) 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-- | | |
| | (1) 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)). | |
| | (2) 52.219-8, Utilization of Small Business Concerns (Oct 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. | |
| | (3) 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. | |
| | (4) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). | |
| | (5) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246). | |
| | (6) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212). | |
| | (7) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793). | |
| | (8) 52.222-37, Employment Reports on Veterans (Jul 2014)(38 U.S.C. 4212). | |
| | (9) 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. | |
| | (10) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. Chapter 67). | |
| | (11)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015)(22 U.S.C. chapter 78 and E.O. 13627). | |
| | | (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 78 and E.O. 13627). |
| | (12) 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). | |
| | (13) 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). | |
| | (14) 52.222-54, Employment Eligibility Verification (Aug 2013). | |
| | (15) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(Executive Order 13658). | |
| | (16) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). | |
| | (17) 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. | |
| | (18) 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. | |
| (b) 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. | | |
| 52.219-4 | NOTICE OF PRICE EVALUATION FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2014) | | |
| (a) Definition. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d). | | |
| (b) Evaluation preference. | | |
| | (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except- | |
| | | (i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and |
| | | (ii) Otherwise successful offers from small business concerns. |
| | (2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor. | |
| | (3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern. | |
| (c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference. | | |
| | [ ] Offer elects to waive the evaluation preference. | |
| (d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for | | |
| | (1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns; | |
| | (2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns; | |
| | (3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees; | |
| | | (ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors; |
| | | (iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or |
| | (4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees; | |
| | | (ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors; |
| | | (iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns. |
| (e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements. | | |
| (f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers. | | |
| | (2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States. | |
| | (3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts. | |
| (g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror. | | |
| 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 [561621] 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
| 52.232-39 | 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. | |
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
| 52.252-2 | CLAUSES INCORPORATED BY REFERENCE (FEB 1998) |
| This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/ or http://farsite.hill.af.mil. |
| 52.252-6 | AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984) |
| (a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause. |
| (b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. |
| 252.204-7004 | SYSTEM FOR AWARD MANAGEMENT (52.204-7)(DEC 2012) - ALT A (FEB 2014) | | |
| (a) Definitions. As used in this provision-- | | |
| “System for Award Management (SAM) database” means the primary Government repository for Contractor information required for the conduct of business with the Government. | | |
| “Commercial and Government Entity (CAGE) Code” means - | | |
| | (1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity: or | |
| | (2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and Maintains in the CAGE master file. This type of code is known as an"NCAGE code." | |
| “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. | | |
| “Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern. | | |
| “Registered in the System for Award Management (SAM) database” means that-- | | |
| | (1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; | |
| | (2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; | |
| | (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and | |
| | (4) The Government has marked the record “Active”. | |
| (b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. | | |
| | (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database. | |
| (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. | | |
| | (1) An offeror may obtain a DUNS number-- | |
| | | (i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or |
| | | (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office. |
| | (2) The offeror should be prepared to provide the following information: | |
| | | (i) Company legal business. |
| | | (ii) Tradestyle, doing business, or other name by which your entity is commonly recognized. |
| | | (iii) Company Physical Street Address, City, State, and Zip Code. |
| | | (iv) Company Mailing Address, City, State and Zip Code (if separate from physical). |
| | | (v) Company Telephone Number. |
| | | (vi) Date the company was started. |
| | | (vii) Number of employees at your location. |
| | | (viii) Chief executive officer/key manager. |
| | | (ix) Line of business (industry). |
| | | (x) Company Headquarters name and address (reporting relationship within your entity). |
| (d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. | | |
| (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. | | |
| (f) Offerors may obtain information on registration at https://www.acquisition.gov . | | |
| 252.204-7012 | SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013) | | | |
| (a) Definitions. As used in this clause -- | | | |
| | "Adequate security" means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information. | | |
| | "Attribution information" means information that identifies the Contractor, whether directly or indirectly, by the grouping of information that can be traced back to the Contractor (e.g., program description or facility locations). | | |
| | "Compromise" means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred. | | |
| | "Contractor information system" means an information system belonging to, or operated by or for, the Contractor. | | |
| | "Controlled technical information" means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information is to be marked with one of the distribution statements B-through-F, in accordance with DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions. | | |
| | "Cyber incident" means actions taken through the use of computer networks that result in an actual or potentially adverse effect on an information system and/or the information residing therein. | | |
| | "Exfiltration" means any unauthorized release of data from within an information system. This includes copying the data through covert network channels or the copying of data to unauthorized media. "Media" means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within any information system. | | |
| | "Technical information" means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data - Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code. | | |
| (b) Safeguarding requirements and procedures for unclassified controlled technical information. The Contractor shall provide adequate security to safeguard unclassified controlled technical information from compromise. To provide adequate security, the Contractor shall- | | | |
| | (1) Implement information systems security in its project, enterprise, or company-wide unclassified information technology system(s) that may have unclassified controlled technical information resident on or transiting through them. The information systems security program shall implement, at a minimum- | | |
| | | (i) The specified National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53 security controls identified in the following table; or | |
| | | (ii) If a NIST control is not implemented, the Contractor shall submit to the Contracting Officer a written explanation of how - | |
| | | | (A) The required security control identified in the following table is not applicable; or |
| | | | (B) An alternative control or protective measure is used to achieve equivalent protection. |
| | (2) Apply other information systems security requirements when the Contractor reasonably determines that information system security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability. | | |
| | | | Table 1 -- Minimum Security Controls for Safeguarding |
| Minimum required security controls for unclassified controlled technical information requiring safeguarding in accordance with paragraph (d) of this clause. (A description of the security controls is in the NIST SP 800-53, "Security and Privacy Controls for Federal Information Systems and Organizations" (http://csrc.nist.gov/publications/PubsSPs.html).) | | | |
| Access Control |
| Audit & Accountability |
| Identification and Authentication |
| Media Protection |
| System & Comm Protection |
| AC-3(4) |
| AU-3 |
| IA-4 |
| MP-6 |
| SC-4 |
SC-7
| Physical and Environmental Protection |
| SC-8(1) |
| AC-7 |
| AU-8 |
| Incident Response |
| PE-2 |
| SC-13 |
AC-17(2)
| AC-18(1) |
| Configuration Management |
| IR-5 |
SC-28
| AC-19 |
| CM-2 |
| IR-6 |
| Program Management |
| PM-10 |
| System & Information Integrity |
| AC-20(2) |
| CM-7 |
| Maintenance |
SI-2
| AC-22 |
| CM-8 |
| MA-4(6) |
| Risk Assessment |
| SI-3 |
| Awareness & Training |
| Contingency Planning |
| MA-6 |
Legend:
| AC: Access Control | MA: Maintenance |
| AT: Awareness and Training | MP: Media Protection |
| AU: Auditing and Accountability | PE: Physical & Environmental Protection |
| CM: Configuration Management | PM: Program Management |
| CP: Contingency Planning | RA: Risk Assessment |
| IA: Identification and Authentication | SC: System & Communications Protection |
| IR: Incident Response | SI: System & Information Integrity |
| (c) Other requirements. This clause does not relieve the Contractor of the requirements specified by applicable statutes or other Federal and DoD safeguarding requirements for Controlled Unclassified Information (CUI) as established by Executive Order 13556, as well as regulations and guidance established pursuant thereto. | | |
| (d) Cyber incident and compromise reporting. | | |
| (1) Reporting requirement. The Contractor shall report as much of the following information as can be obtained to the Department of Defense via (http://dibnet.dod.mil//) within 72 hours of discovery of any cyber incident, as described in paragraph (d)(2) of this clause, that affects unclassified controlled technical information resident on or transiting through the Contractor's unclassified information systems: | |
| | (i) Data Universal Numbering System (DUNS). |
| | (ii) Contract numbers affected unless all contracts by the company are affected. |
| | (iii) Facility CAGE code if the location of the event is different than the prime Contractor location. |
| | (iv) Point of contact if different than the POC recorded in the System for Award Management (address, position, telephone, email). |
| | (v) Contracting Officer point of contact (address, position, telephone, email). |
| | (vi) Contract clearance level. |
| | (vii) Name of subcontractor and CAGE code if this was an incident on a Sub-contractor network. |
| | (viii) DoD programs, platforms or systems involved. |
| | (ix) Location(s) of compromise. |
| | (x) Date incident discovered. |
| | (xi) Type of compromise (e.g., unauthorized access, inadvertent release, other). |
| | (xii) Description of technical information compromised. |
| | (xiii) Any additional information relevant to the information compromise. |
| (2) Reportable cyber incidents. Reportable cyber incidents include the following: | |
| | (i) A cyber incident involving possible exfiltration, manipulation, or other loss or compromise of any unclassified controlled technical information resident on or transiting through Contractor's, or it subcontractors', unclassified information systems. |
| | (ii) Any other activities not included in paragraph (d)(2)(i) of this clause that allow unauthorized access to the Contractor's unclassified information system on which unclassified controlled technical information is resident on or transiting. |
| (3) Other reporting requirements. This reporting in no way abrogates the Contractor's responsibility for additional safeguarding any cyber incident reporting requirements pertaining to its unclassified information systems under other clauses that may apply to its contract, or as a result of other U.S. Government legislative and regulatory requirements that may apply (e.g., as cited in paragraph (c) of this clause). | |
| (4) Contractor actions to support DoD damage assessment. In response to the reported cyber incident, the Contractor shall -- | |
| | (i) Conduct further review of its unclassified network for evidence of compromise resulting from a cyber incident to include, but is not limited to, identifying compromised computers, servers, specific data and users accounts. This includes analyzing information systems that were part of the compromise, as well as other information systems on the network that were accessed as a result of the compromise. |
| | (ii) Review the data accessed during the cyber incident to identify specific unclassified controlled technical information associated with DoD programs, systems or contracts, including military programs, systems and technology; and |
| | (iii) Preserve and protect images of known affected information systems and all relevant monitoring/packet capture data for at least 90 days from the cyber incident to allow DoD to request information or decline interest. |
| (5) DoD damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor point of contact identified in the incident report at (d)(1) of this clause provide all of the damage assessment information gathered in accordance with paragraph (d)(4) of this clause. The Contractor shall comply with damage assessment information requests. The requirement to share files and images exists unless there are legal restrictions that limit a company's ability to share digital media. The Contractor shall inform the Contracting Officer of the source, nature, and prescription of such limitations and the authority responsible. | |
| (e) Protection of reported information. Except to the extent that such information is lawfully publicly available without restrictions, the Government will protect information reported or otherwise provided to DoD under this clause in accordance with applicable statutes, regulations, and policies. The Contractor shall identify and mark attribution information reported or otherwise provided to the DoD. The Government may use information, including attribution information and disclose it only to authorized persons for purposes and activities consistent with this clause. | | |
| (f) Nothing in this clause limits the Government's ability to conduct law enforcement or counterintelligence activities, or other lawful activities in the interest of homeland security and national security. The results of the activities described in this clause may be used to support an investigation and prosecution of any person or entity, including those attempting to infiltrate or compromise information on a contractor information system in violation of any statute. | | |
| (g) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (g), in all subcontracts, including subcontracts for commercial items. | | |
| 252.211-7003 | ITEM UNIQUE IDENTIFICATION AND VALUATION (DEC 2013) | | | | |
| (a) Definitions. As used in this clause-- | | | | |
| “Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media. | | | | |
| “Concatenated unique item identifier” means-- | | | | |
| | (1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or | | | |
| | (2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number. | | | |
| “Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200(ECC200) specification found within International Standards Organization (ISO)/ International Electrotechnical Commission (IEC) 16022. | | | | |
| “Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows. | | | | |
| “DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html. | | | | |
| “DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number. | | | | |
| “Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items. | | | | |
| “Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency. | | | | |
| “Government's unit acquisition cost” means-- | | | | |
| | (1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery; | | | |
| | (2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and | | | |
| | (3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery. | | | |
| “Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise (e.g., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, Allied Committee 135 NATO Commercial and Government Entity (NCAGE)/Commercial and Government Entity (CAGE) Code, or the Coded Representation of the North American Telecommunications Industry Manufacturers, Suppliers, and Related Service Companies (ATIS-0322000) Number), European Health Industry Business Communication Council (EHIBCC) and Health Industry Business Communication Council (HIBCC)), as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.nen.nl/Normontwikkeling/Certificatieschemas-en-keurmerken/Schemabeheer/ISOIEC-15459.htm. | | | | |
| “Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier. | | | | |
| “Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts. | | | | |
| “Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions. | | | | |
| “Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards. | | | | |
| “Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface. | | | | |
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