17-Q-0096_RFQ_Solicitation.docx

DOCX document 130 KB Posted May 26, 2017

Attached to: ALIC Chassis Federal contract opportunity
Solicitation number: N6893617Q0096
Issued by: Department of the Navy Naval Air Systems Command Naval Air Warfare Center

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17-Q-0096 RFQ Solicitation

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N6893617Q0096

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Name:		Erika Martin
Phone:	(760) 939- 0283
DSN:		437- 0283
FAX:	(760) 939- 3095

Email address: Erika.m.martin@navy.mil

U.S. Postal Service Mailing Address:

COMMANDER

CODE 254200D (E. Martin– 760-939-0283)

NAVAIRWARCENWPNDIV

429 E. BOWEN RD. MAIL STOP 4015

CHINA LAKE, CA 93555-6108

Direct Delivery Address (UPS, FedEx, etc):

COMMANDER

CODE 254200D (E. Martin)

NAVAIRWARCENWPNDIV

BLDG 982, MAIL STOP 4015

CHINA LAKE, CA 93555-6108

THE INFORMATION BELOW IS NOT ALL INCLUSIVE AS TO WHAT IS REQUIRED FOR A TECHNICAL EVALUATION. IT IS THE RESPONSIBILITY OF THE VENDOR TO SUBMIT ENOUGH INFORMATION FOR A SOUND TECHNICAL EVALUATION TO BE REVIEWED BY OUR TECHNICAL POINT OF CONTACT.

ANY CONTRACT RESULTING FROM THIS SOLICITATION WILL UTILIZE WIDE AREA WORKFLOW (WAWF) FOR INVOICING AND PAYMENT REQUEST.

THE BELOW INFORMATION IS REQUIRED FOR ANY AWARD RESULTING FROM THIS SOLICITATION.

VENDOR NAME:

Address Line 1:

Address Line 2:

VENDOR POC:

VENDOR PHONE:

VENDOR FAX:

VENDOR EMAIL:

CAGE CODE:

DUN & BRADSTREET #

PRODUCT COUNTRY of ORIGIN:

BUSINESS SIZE:

SHIPPING DESTINATION or ORIGIN:

SHIPPING COST:

WAWF REGISTERED: https://wawf.eb.mil/

SAM: https://www.sam.gov/portal/public/SAM

WARRANTY IF ANY:

DID YOU INCLUDE YOUR SPECIFICATIONS:

***TO BE COMPLETED TIME OF AWARD***

QUOTE #__________ DATED__________

PARTIAL SHIPMENT/PARTIAL PAYMENT IS ACCEPTABLE BY COMPLETE LINE ITEM ONLY.

PARTIAL SHIPMENT/PARTIAL PAYMENT IS NOT ACCEPTABLE.

PAYMENT IS AUTHORIZED AT THE BEGINNING OF THE PERIOD OF PERFORMANCE.

EARLY DELIVERY IS ACCEPTED AND AUTHORIZED AT NO ADDITIONAL COST TO THE GOVERNMENT.

VENDOR CONTACT:

NAME: ____________________________________

PHONE: ____________________________________

FAX: ____________________________________

EMAIL: ____________________________________

TECHNICAL CONTACT:

NAME: ___________________________________

PHONE: ___________________________________

EMAIL: ___________________________________

SHIPPING FEES ARE LOCATED IN SECTION B OF THIS DOCUMENT CALLED OUT AS 'TAC AMOUNT'.

SHIPPING INSTRUCTIONS ARE LOCATED IN SECTION F OF THIS DOCUMENT.

INVOICING INSTRUCTIONS ARE LOCATED IN SECTION G OF THIS DOCUMENT.

THIS VENDOR IS/IS NOT A SMALL BUSINESS UNDER NAICS ________________.

THIS ORDER IS A PURCHASE ORDER WITH THE FEDERAL GOVERNMENT AND IS TAX EXEMPT.

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, analyses, and related information, and computer software executable code and source code. Per this definition there will not be any technical information provided, as such clause 252.204-7012 would not be in effect.

Section B - Supplies or Services and Prices

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Mold for Casting ALIC Chassis

FFP

Mold for Casting Chassis See Drawing FOB: Destination

PURCHASE REQUEST NUMBER: 1300641190

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

ALIC Chassis casted

ALIC Chassis casted See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

ALIC Chassis machined

ALIC Chassis machined See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Cover Assembly, Pylon

Cover Assembly, Pylon (p/n 2959118-1) See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Cover Assembly, Motherboard

Cover Assembly, Motherboard (p/n 2959113) See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Cover Assembly, Relay

Cover Assembly, Relay (p/n 2959120-1) See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Cover Assembly, Daughterboard

Cover Assembly, Daughterboard (p/n 2959109-1) See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Adapter, Ejector, Aft

Adapter, Ejector, Aft (p/n 2993004-1) See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Adapter, Ejector, Fwd

Adapter, Ejector, Fwd (p/n 2993003-1) See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Nut Plate, Time Meter

Nut Plate, Time Meter (p/n 2959107-1) See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Insert, Forward Bulkhead

Insert, Forward Bulkhead (p/n 2993012-1) See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Pin, Guide

Pin, Guide (p/n 2959034-1) See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Gasket, Bulkhead Connector

Gasket, Bulkhead Connector See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Gasket, Time Totalizing Meter

Gasket, Time Totalizing Meter See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Gasket, Connector

Gasket, Connector (p/n 2981791-1) See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Stiffener, Horizontal

Stiffener, Horizontal (p/n 2964480-1) See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Stiffener, Vertical

Stiffener, Vertical (p/n 2964481-1) See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

120

Each

Ejector

Ejector (p/n 2964483-1) See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

120

Each

Card Retainer, Wedge Lock

Card Retainer, Wedge Lock (p/n 2964524-1) See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Spring

Spring (p/n 2964482-1) See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Chem-Film, Mask and Paint

Chem-Film, Mask and Paint See Drawing

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

Part Marking, Installation of Hardware, Part Marking, Installation of Hardware

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Lite

Final Quality Assurance / Inspection

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 / CAGE

0001

31-DEC-2017

SEE SECTION F

SHIPPING INSTRUCTIONS

FOR DELIVERIES TO NAWCWD CA

N68936

0002

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0003

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0004

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0005

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0006

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0007

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0008

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0009

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0010

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0011

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0012

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0013

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0014

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0015

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0016

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0017

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0018

31-DEC-2017

120

(SAME AS PREVIOUS LOCATION)

N68936

0019

31-DEC-2017

120

(SAME AS PREVIOUS LOCATION)

N68936

0020

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0021

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0022

31-DEC-2017

(SAME AS PREVIOUS LOCATION)

N68936

0023

POP 03-MAY-2017 TO

31-DEC-2017

N/A

(SAME AS PREVIOUS LOCATION)

N68936

CLAUSES INCORPORATED BY REFERENCE

52.242-15

Stop-Work Order

AUG 1989

52.247-34	F.O.B. DESTINATION (NOV 1991)
	(a) The term "f.o.b. destination," as used in this clause, means-
		(1) Free of expense to the Government, on board the carrier's conveyance, at a specified delivery point where the consignee's facility (plant, warehouse, store, lot, or other location to which shipment can be made) is located; and
		(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a port city and supplies are for export), warehouse unloading platform, or receiving dock, at the expense of the Contractor. The Government shall not be liable for any delivery, storage, demurrage, accessorial, or other charges involved before the actual delivery (or "constructive placement" as defined in carrier tariffs) of the supplies to the destination, unless such charges are caused by an act or order of the Government acting in its contractual capacity. If rail carrier is used, supplies shall be delivered to the specified unloading platform of the consignee. If motor carrier (including "piggyback") is used, supplies shall be delivered to truck tailgate at the unloading platform of the consignee, except when the supplies delivered meet the requirements of Item 568 of the National Motor Freight Classification for "heavy or bulky freight." When supplies meeting the requirements of the referenced Item 568 are delivered, unloading (including movement to the tailgate) shall be performed by the consignee, with assistance from the truck driver, if requested. If the contractor uses rail carrier or freight forwarded for less than carload shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when required, if transfer to truck is required to complete delivery to consignee.
	(b) The Contractor shall-
		(1)(i) Pack and mark the shipment to comply with contract specifications; or
			(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements;
		(2) Prepare and distribute commercial bills of lading;
		(3) Deliver the shipment in good order and condition to the point of delivery specified in the contract;
		(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the consignee at the delivery point specified in the contract;
		(5) Furnish a delivery schedule and designate the mode of delivering carrier; and
		(6) Pay and bear all charges to the specified point of delivery.

***TO BE COMPLETED AT TIME OF AWARD***

F-TXT-08	SHIPPING INSTRUCTIONS (POINT MUGU) (MAR 2017)
	SHIP TO:	NAVAL BASE VENTURA COUNTY (NBVC)
			Receiving Officer, Code N41VW/BLDG 65
			N68936XXXXXXX
			625 Laguna Road
			Point Mugu, CA 93042-5033
			805-989-8107
			Attn:
			Code & Phone:

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 from 0800 TO 1530, MONDAY THROUGH THURSDAY EXCLUDING HOLIDAYS WHEN THE RECEIVING DOCK WILL BE CLOSED.

Section G - Contract Administration Data

***TO BE COMPLETED AT TIME OF AWARD***

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:		“Leave Blank”
Ship To Code:			N68936
Ship From Code:		“Leave Blank”
Mark For Code:		“Leave Blank”
Service Approver (DoDAAC):	“Leave Blank”
Service Acceptor (DoDAAC):	“Leave Blank”
Accept at Other DoDAAC:	“Leave Blank”
LPO DoDAAC:		“Leave Blank”
DCAA Auditor DoDAAC:	“Leave Blank”
Other DoDAAC(s):		“Leave Blank”

(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) POC 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:

ALT 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.

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

OCT 2016

52.204-19

Incorporation by Reference of Representations and Certifications.

DEC 2014

52.209-6

Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

OCT 2015

52.212-4

Contract Terms and Conditions--Commercial Items

JAN 2017

52.222-3

Convict Labor

JUN 2003

52.222-21

Prohibition Of Segregated Facilities

APR 2015

52.222-26

Equal Opportunity

SEP 2016

52.222-36

Equal Opportunity for Workers with Disabilities

JUL 2014

52.222-37

Employment Reports on Veterans

FEB 2016

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

52.232-39

Unenforceability of Unauthorized Obligations

JUN 2013

52.233-3

Protest After Award

AUG 1996

52.233-4

Applicable Law for Breach of Contract Claim

OCT 2004

52.252-6

Authorized Deviations In Clauses

APR 1984

52.253-1

Computer Generated Forms

JAN 1991

252.203-7000

Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7002

Requirement to Inform Employees of Whistleblower Rights

SEP 2013

252.204-7000

Disclosure Of Information

OCT 2016

252.204-7003

Control Of Government Personnel Work Product

APR 1992

252.204-7004 Alt A

System for Award Management Alternate A

FEB 2014

252.204-7006

Billing Instructions

OCT 2005

252.211-7008

Use of Government-Assigned Serial Numbers

SEP 2010

252.225-7002

Qualifying Country Sources As Subcontractors

DEC 2016

252.232-7003

Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7010

Levies on Contract Payments

DEC 2006

252.243-7001

Pricing Of Contract Modifications

DEC 1991

52.203-19	PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)
	(a) Definitions. As used in this clause--
	"Internal confidentiality agreement or statement" means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.
	"Subcontract" means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.
	"Subcontractor" means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor.
	(b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).
	(c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect.
	(d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
	(e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
	(f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts.

52.204-22	ALTERNATE LINE ITEM PROPOSAL (JAN 2017)
	(a) The Government recognizes that the line items established in this solicitation may not conform to the Offeror's practices. Failure to correct these issues can result in difficulties in acceptance of deliverables and processing payments. Therefore, the Offeror is invited to propose alternate line items for which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract is economically and administratively advantageous to the Government and the Offeror.
	(b) The Offeror may submit one or more additional proposals with alternative line items, provided that alternative line items are consistent with subpart 4.10 of the Federal Acquisition Regulation. However, acceptance of an alternative proposal is a unilateral decision made solely at the discretion of the Government. Offers that do not comply with the line items specified in this solicitation may be determined to be nonresponsive or unacceptable.

52.209-4	FIRST ARTICLE APPROVAL--GOVERNMENT TESTING (SEP 1989)
	(a) The Contractor shall deliver 1 units(s) of Lot/Item ALIC Chasis within 4 calendar months from the date of this contract to the Government at Point Mugu 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 120 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 effected 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.

52.212-5	CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019)(JAN 2017)
	(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 (Oct 2015)(41 U.S.C. 3509).
			(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016)(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 (Sept 2016)(E.O. 11246).
			(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
			(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).
			(viii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017)(E.O. 13706).
			(ix) 52.222-37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212).
			(x) 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.
			(xi) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. Chapter 67).
			(xii)[ ](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).
			(xiii) 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).
			(xiv) 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).
			(xv) 52.222-54, Employment Eligibility Verification (Oct 2015).
			(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015)(E.O. 13658).
			(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673)(Oct 2016)(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and contracts issued after April 24, 2017.).
			NOTE TO PARAGRAPH (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
			(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673)(Oct 2016).
			(xix) 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).
			(xx) 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.
			(xxi) 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)(JAN 2017) - ALT I (FEB 2000)
	(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 (Oct 2015)(41 U.S.C. 3509).
		(2) 52.219-8, Utilization of Small Business Concerns (Nov 2016)(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 (Sept 2016)(E.O. 11246).
		(6) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
		(7) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).
		(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017)(E.O. 13706).
		(9) 52.222-37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212).
		(10) 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.
		(11) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. Chapter 67).
		(12)[ ] (i) 52.222-50, Combating Trafficking in Persons (Mar 2015)(22 U.S.C. chapter 78 and E.O. 13627).
		[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 78 and E.O. 13627).
		(13) 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).
		(14) 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).
		(15) 52.222-54, Employment Eligibility Verification (Oct 2015).
		(16) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015)(E.O. 13658).
		(17) 52.222-59, Compliance with Labor Laws (Executive Order 13673)(Oct 2016)(Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and contracts issued after April 24, 2017.).
		NOTE TO PARAGRAPH (b)(1)(xvi): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
		(18) 52.222-60, Paycheck Transparency (Executive Order 13673)(Oct 2016).
		(19) 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).
		(20) 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.
		(21) 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.

52.219-28	POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)
	(a) Definitions. As used in this clause--
	Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
	Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
	(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
		(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
		(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
		(3) For long-term contracts--
			(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
			(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
	(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards/ .
	(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
	(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations and Certification section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
	(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
	(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
	The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code [_______] assigned to contract number [______________].

[Contractor to sign and date and insert authorized signer's name and title].

Signature Date Signer’s Printed Name Signer’s Title

52.222-35	EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
	(a) Definitions. As used in this clause--
	“Active duty wartime or campaign bade veteran”, “Armed Forces service medal veteran”, “disabled veteran”, “protected veteran”, “qualified disabled veteran”, and “recently separated veteran” have the meanings given at FAR 22.1301.
	(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
	(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

52.232-40	PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)
	(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contractor or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
	(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
	(c) Include the substance of this clause, including this paragraph (c), in subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

52.252-2	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.

252.204-7011	ALTERNATIVE LINE ITEM STRUCTURE (SEP 2011)
	(a) Line items are the basic structural elements in a solicitation or contract that provide for the organization of contract requirements to facilitate pricing, delivery, inspection, acceptance and payment. Line items are organized into contract line items, subline items, and exhibit line items. Separate line items should be established to account for separate pricing, identification (see section 211.274) of the Defense Federal Acquisition Regulation Supplement), deliveries, or funding. The Government recognizes that the line item structure in this solicitation may not conform to every offeror's practices. Failure to correct these issues can result in difficulties in accounting for deliveries and processing payments. Therefore, offerors are invited to propose an alternative line item structure for items on which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract structure is economically and administratively advantageous to the Government and the Contractor.
	(b) If an alternative line item structure is proposed, the structure must be consistent with subpart 204.71 of the Defense Federal Acquisition Regulation Supplement and PGI 211.274. A sample line item structure and a proposed alternative structure are as follows:
		Solicitation:
	ITEM NO.
	SUPPLIES/SERVICE
	QUANTITY
	UNIT
	UNIT PRICE
	AMOUNT

0001

Computer, Desktop with CPU, Monitor, Keyboard and Mouse

	Alternative line item structure offer where monitors are shipped separately:
ITEM NO.
SUPPLIES/SERVICE
QUANTITY
UNIT
UNIT PRICE
AMOUNT

0001

Computer, Desktop with CPU, Keyboard and Mouse

0002

Monitor

252.204-7012	SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT INFORMATION (OCT 2016)
	(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.
	"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 attributional/proprietary information" means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
	"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 would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
	"Covered contractor information system" means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
	"Covered defense information" means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.wrchives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is --
		(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or
		(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.
	"Cyber incident" means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
	"Forensic analysis" means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
	"Information system" means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
	"Malicious software" means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
	"Media" means physical devices or writing surfaces including, but not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.
	"Operationally critical support" means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
	"Rapidly report" means within 72 hours of discovery of any cyber incident.
	"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 date, 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) Adequate security. The Contractor shall provide adequate security for all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:
		(1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply:
			(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.
			(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.
		(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:
			(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations," (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer.
			(ii)(A) The Contractor shall submit requests to vary from NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.
				(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative but equally effective, security measure that may be implemented in its place.
				(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.

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