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N68936-15-T-0292
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
| Name: | Terryl Mitchell |
| Phone: | (760) 939- 1998 |
| DSN: | 437- 760-939-1998 |
| FAX: | (760) 939- 3095 |
Email address: terryl.mitchell@navy.mil
U.S. Postal Service Mailing Address:
| COMMANDER |
| CODE 254200D (T. Mitchell – 760-939-1998) |
| NAVAIRWARCENWPNDIV |
| 429 E. BOWEN RD. MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
Direct Delivery Address (UPS, FedEx, etc):
| COMMANDER |
| CODE 254200D (T. Mitchell) |
| 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 |
40" Lanyards
FFP
NOTE: 100% Small Business Set Aside only Lanyard assembly 40 inch, P/N 20134095 in accordances with Specifications and First Article in Section C and attachments.. Please provide questions by August 31,2015 10:00 AM PST, so I may provide answers by September 3, 2015. Provide your own detail specifications for technical review and answer questions below.
1. CAGE Code:
2. DUNS #:
3. Is supply(s) Commercial Off The Shelf (COTS) or Non-Commercial?
4. GSA Contract #/expiration date (if applicable):
5. Shipping Point - Destination or Origin:
6. If Shipping Point is Origin, what is the estimated shipping cost:
7. If software, will this be delivered by electronic download?
8. Payment Terms of NET 30 acceptable?
9. Business Size:
10. Country where items are made:
11. Pricing - are these items on a commercial published, on-line, or internal price list?
12. If available on a price list provide date/page number.
13. If not available on a price list please provide breakdown on how pricing is determined (example: item cost $ + %, labor costs, G&A, etc.)
14. If GSA schedule and pricing applies, please provide open market pricing for comparison and justification of GSA costs.
15. Estimated Delivery Date or Period of Performance:
16. Invoicing and payment will be made thru Wide Area Workflow (WAWF). As of October 1, 2007 it became mandatory to be registered in order to process any government procurement. If you are not registered please take a moment to do so at https://wawf.eb.mil/
17. The Purchase Order will be written under the terms and conditions governed by the Federal Acquisition Regulations (FAR), Department of Defense FAR Supplement (DFAR), and the Simplified Acquisition Procedures for commercial/non-commercial items/services. State you agree to these terms:
18. Is there a warranty on item(s) being purchased? If so, how long?
19. Has your company sold these items to NAWCWD within the past 2 years? If so, please provide contract number.
FOB: Destination
PURCHASE REQUEST NUMBER: 1300514267
NET AMT
Section C - Descriptions and Specifications
SPECIFICATIONS FOR FIRST ARTIC
Vendor must following Specification/requirements as listed in Drawing# 20134097-A Vendor must produce a First Article and Test First Article. Produce FAT Report Vendor must test every 500th item and produce report Vendor must submit Compliance/Conformance document at the end of final Production'
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 |
| 0001 |
| 30-NOV-2015 |
| 9,500 |
| N/A |
FOB: Destination
CLAUSES INCORPORATED BY REFERENCE
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
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: | | | _________________________ | |
| Issue By DoDAAC: | | | _________________________ | |
| Admin DoDAAC: | | | _________________________ | |
| Inspect By DoDAAC: | | | _________________________ | |
| Ship To Code: | | | | _________________________ |
| Ship From Code: | | | _________________________ | |
| Mark For Code: | | | _________________________ | |
| Service Approver (DoDAAC): | | _________________________ | | |
| Service Acceptor (DoDAAC): | | _________________________ | | |
| Accept at Other DoDAAC: | | _________________________ | | |
| LPO DoDAAC: | | | _________________________ | |
| DCAA Auditor DoDAAC: | | _________________________ | | |
| 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. |
| 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 |
| 52.219-6 |
| Notice Of Total Small Business Set-Aside |
| NOV 2011 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 |
| Equal Opportunity |
| APR 2015 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| JUL 2014 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUL 2014 |
| 52.222-37 |
| Employment Reports on Veterans |
| JUL 2014 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.227-1 |
| Authorization and Consent |
| DEC 2007 |
| 52.232-33 |
| 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 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 52.204-19 | INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) |
| The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. |
| 52.209-4 | FIRST ARTICLE APPROVAL--GOVERNMENT TESTING (SEP 1989) - ALT I (JAN 1997) | |
| (a) The Contractor shall deliver 10 EACH within _90-120__ calendar days from the date of this contract to the Government at the[ Winning Vendor Facility, unknown address at this time] for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract. | |
| (b) Within _40__ calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval. | |
| (c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests. | |
| (d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract. | |
| (e) Unless otherwise provided in the contract, the Contractor-- | |
| | (1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and |
| | (2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense. |
| (f) If the Government does not act within the time specified in paragraph (b) or (c) above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay. | |
| (g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test. | |
| (h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government. | |
| (i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver. | |
| (j) The Contractor shall produce both the first article and the production quantity at the same facility. | |
| 52.211-7 | ALTERNATIVES TO GOVERNMENT-UNIQUE STANDARDS (NOV 1999) |
| (a) This solicitation includes Government-unique standards. The Offeror may propose voluntary consensus standards that meet the Government's requirements as alternatives to the Government-unique standards. The Government will accept use of the voluntary consensus standard instead of the Government-unique standard if it meets the Government's requirements unless inconsistent with law or otherwise impractical. |
| (b) If an alternative standard is proposed, the offeror must furnish data and/or information regarding the alternative in sufficient detail for the Government to determine if it meets the Government's requirements. Acceptance of the alternative standard is a unilateral decision made solely at the discretion of the Government. |
| (c) Offers that do not comply with the Government-unique standards specified in this solicitation may be determined to be nonresponsive or unacceptable. The offeror may submit an offer that complies with the Government-unique standards specified in this solicitation, in addition to any proposed alternative standard(s). |
| 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. | |
| 52.219-28 | 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 [_336419______] assigned to solicitation number [_N68936-15-T-0292_]. | | |
[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. | |
| 52.232-39 | 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 . | | |
252.204-7006 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 included in the payment request. |
| 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. | | |
| 252.225-7048 | EXPORT CONTROLLED ITEMS (JUN 2013) | |
| (a) Definition. “Export-controlled items,” as used in this clause, means items subject to the Export Administration Regulations (EAR)(15 CFR Parts 730-774) or the International Traffic in Arms Regulations (ITAR)(22 CFR Parts 120-130). The term includes -- “Defense items,” defined in the Arms Export Control Act. 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, and further defined in the ITAR, 22 CFR Part 120; and | |
| | “Items,” defined in the EAR as "commodities". "software", and "technology," terms that are also defined in the EAR, 15 CFR 772.1. |
| (b) The Contractor shall comply with all applicable laws and regulations regarding export-controlled items, including, but not limited to, the requirement for contractors to register with the Department of State in accordance with the ITAR. The Contractor shall consult with the Department of State regarding any questions relating to compliance with the ITAR and shall consult with the Department of Commerce regarding any questions relating to compliance with the EAR. | |
| (c) The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause. | |
| (d) Nothing in the terms of this contract adds, changes, supersedes, or waives any of the requirements of applicable Federal laws, Executive orders, and regulations, including but not limited to -- | |
| | (1) The Export Administration Act of 1979, as amended (50 U.S.C. App. 2401, et seq.); |
| | (2) The Arms Export Control Act (22 U.S.C. 2751, et seq.); |
| | (3) The International Emergency Economic Powers Act (50 U.S.C. 1701, et seq.); |
| | (4) The Export Administration Regulations (15 CFR Parts 730-774); |
| | (5) The International Traffic in Arms Regulations (22 CFR Parts 120-130); and |
| | (6) Executive Order 13222, as extended. |
| (e) The Contractor shall include the substance of this clause, including this paragraph (e), in all subcontracts. | |
| 252.232-7003 | ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (JUN 2012) | |
| (a) Definitions. As used in this clause-- | |
| | (1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation. |
| | (2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer. |
| | (3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract. |
| | (4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report. |
| (b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ . | |
| (c) The Contractor may submit a payment request and receiving report using other than WAWF only when-- | |
| | (1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; |
| | (2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System); |
| | (3) DoD makes payment for rendered health care services using TRICARE Encounter Data System (TEDS) as the electronic format; or |
| | (4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required. |
| (d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract. | |
| (e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests. | |
| 252.247-7023 | TRANSPORTATION OF SUPPLIES BY SEA - BASIC (APR 2014) | | | | |
| (a) Definitions. As used in this clause- | | | | |
| | "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor. | | | |
| | "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies. | | | |
| | "Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel. | | | |
| | "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters. | | | |
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