The file's text, extracted by GovTribe without its formatting.
N68936-17-R-0003
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Board Fabrication
FFP
The contractor shall provide fabrication of Printed Circuit Boards in accordance with the Statement of Work (SOW) in Section C. The entire SOW is applicable, however, fabrication is specifically addressed in paragraph 3.1.
The CLIN pricing shown herein represents the maximum possible value as shown in Section B – CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE and is for estimation and ceiling purposes only. Actual unit prices will be established at the order level. The total value of all orders on all contracts (both CLINs inclusive) shall not exceed $900,000. The Government retains the unilateral right to shift ceiling between CLINs 0001 and 0002, with no reduction in the total ceiling price of each contract, as necessary to meet the requirements.
FOB: Destination
FUNDED AMOUNT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Board Population
The contractor shall provide population of Printed Circuit Boards in accordance with the Statement of Work (SOW) in Section C. The entire SOW is applicable, however, population is specifically addressed in paragraph 3.2.
The CLIN pricing shown herein represents the maximum possible value as shown in Section B – CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE and is for estimation and ceiling purposes only. Actual unit prices will be established at the order level. The total value of all orders on all contracts (both CLINs inclusive) shall not exceed $900,000. The Government retains the unilateral right to shift ceiling between CLINs 0001 and 0002, with no reduction in the total ceiling price of each contract, as necessary to meet the requirements.
FUNDED AMOUNT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Contract Data Requirements List (CDRLs)
The contractor shall provide CDRLs In accordance with form DD 1423.
FUNDED AMOUNT
MIN/MAX QUANTITY AND VALUE
CLIN MINIMUM/MAXIMUM QUANTITY
The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.
CLIN
MINIMUM
QUANTITY
MAXIMUM
QUANTITY
Section C - Descriptions and Specifications
STATEMENT OF WORK
STATEMENT OF WORK
FOR
PRINTED CIRCUIT BOARD (PCB) MANUFACTURING,
PCB ASSEMBLY/POPULATION,
AND SOLDER PASTE STENCILS
1.0 SCOPE
This Statement of Work (SOW) defines the Two-pronged effort to procure Printed Circuit Boards (PCB), and Finished PCB Assemblies for use at the Naval Air Warfare Center Weapons Division (NAWCWD). These prototype and production PCBs and Assemblies will be used for various development and test programs. Contract awardees will be allowed a fair opportunity to compete for orders valued at greater than $3,500 under this requirement. The contractor may use their in-house capability or subcontract efforts to business suppliers in accordance with regulatory limitations identified elsewhere in the contract. Subcontractors must meet the same requirements stated herein for Contractors.
2.0 APPLICABLE DOCUMENTS
IPC-6012 Qualification and Specifications for Rigid Printed Boards
IPC-6013 Qualification and Specifications for Flexible Printed Boards
IPC-600 Acceptability of Printed Circuit Boards
IPC-610 Acceptability of Electronic Assemblies
IPC-7711/7721 Rework, Modification and Repair of Electronic Assemblies
3.0 REQUIREMENTS/SPECIFICATIONS
Using Government-provided Gerber files, drill files, drawings, applicable parts lists and assembly instructions, the contractor shall provide one or more of the following services: manufacture PCBs and/or Finished Electronic Assemblies for the NAWCWD. The contractor shall be capable of accepting listed documentation submitted via File Transfer Protocol (FTP), secure FTP, on a CD shipped directly to contractor, or via a DoD controlled password protected download site (such as AMRDEC SAFE). All Design data is subject to ITAR and shall only be distributed by one of the aforementioned methods. The contractor shall accept orders either orally or via electronic mail, and quotations shall be delivered to NAWCWD via electronic mail or telefax. Purchase orders may be in different forms and formats, but the contractor shall always accept government form DD1155 as a purchase order. Quotes requiring less than one week delivery shall be submitted no more than 1 business day after the request. Quotes requiring more than one week delivery shall be submitted within 3 business days. Quotes not returned within these timelines will be considered a NO BID.
3.1 PCB Fabrication.
The contractor shall maintain a capability to produce multi-layer as well as single- and double-sided PCBs in accordance with IPC-6012 Class 2 and Class 3/A and/or IPC-6013 Class 2 and Class 3, as appropriate.
3.1.1 The range of PCB physical size manufacturing capability shall be maximized; procurements of very small- and very large-sized PCBs should be anticipated.
3.1.2 Contractor processes shall be capable of employing mixed component technologies (both surface mount and through-hole).
3.1.3 The contractor shall have the capability to control and verify impedance on all PCBs. The contractor shall be able to supply boards with both conductive and non-conductive epoxy hole-fill on holes as small as 8 mils.
3.1.4 The contractor shall be able to supply boards with vias plated shut and vias with copper caps.
3.1.5 The contractor shall be able to supply boards with micro vias, sequential micro vias, and laser drilled vias. The contractor shall maintain a capability to produce PCBs suitable for population with Ball Grid Array (BGA) and Land Grid Array (LGA) integrated circuits in accordance with IPC-6012.
3.1.6 The contractor shall provide boards with finished pad and trace sizes no smaller than detailed in the design files.
3.1.7 The contractor shall maintain a capacity to produce boards with trace pitch down to 0.102 mm (0.004 inches) and with drilled hole positioning drift of less than 0.003 inch per 24-inch panel.
3.1.8 The contractor shall maintain a capability to produce PCBs with surface finishes of Tin/Lead, Silver, Gold fingers, ENIG, OSP, Hard Gold, and Soft Gold.
3.1.9 Markings will include, but not be limited to, permanent sequential serial numbers when required. Solder masking and silkscreen capability shall be available.
3.1.10 In addition, the contractor shall have the capability to accept an IPC-356A net list from the board designer and compare it to the net list taken off of the newly fabricated PCB and be able to test the finished PCBs using a bed of nails, flying probe, or other industry acceptable testing method.
3.1.11 NetList shall not be extracted from government provided Gerber data for the purposes of NetList testing.
3.1.12 The contractor shall be capable of fabrication of Flex and Rigid-Flex circuits.
3.1.13 The contractor shall provide physical cross-section (micro-section), Drill coupons and full documentation with delivery of each order of Class 3 (IPC-6012 or IPC-6013) PCBs.
3.1.14 Reworked boards may be accepted at the discretion of the government on a case by case basis provided that the rework/repair meets the requirements and guidance set forth in IPC-7711/7721.
3.1.15 The contractor shall silkscreen identification numbers to each fabricated printed circuit board. The specific identification number will be in accordance with the Government specification, provided at the order level.
3.2 Electronic Assembly
3.2.1 The contractor shall have the ability to produce single and doubled-sided finished assemblies using leaded solder and solder paste, Restriction of Hazardous Substances (ROHS) compliant Lead free, and have the ability to handle hybrid Leaded/ROHS assemblies.
3.2.2 All finished assemblies shall be produced in accordance with JSTD-001 Class 2 or class 3, IPC-610 Class 2 or Class 3. The class determination will be specified at the order level.
3.2.3 All assemblies shall have parts placed by Pick and Place machine insertion. Any exceptions shall be identified within the Government provided specifications at the order level. All finished assemblies shall use the identification number form the silkscreen on the fabricated printed circuit board.
3.2.4 Any shortage of parts from the Government provided parts kit shall be reported to within 3 days of receipt of delivery
3.2.5 All assemblies shall be 100% inspected to IPC-A-610 by either an IPC certified quality assurance inspector or an AOI inspection machine prior to being shipped to the government.
3.2.6 The Government will only accept printed boards that meet the specification and meet IPC-A-610 inspection standard.
3.3 X-RAYS
3.3.1.1 The contractor shall perform a post-solder X-ray inspection of all Class 3 BGAs and LGAs. An electronic copy of all X-rays shall be provided to the Government with the completed assemblies. The electronic copies shall include the printed circuit board unique identification number. (CDRLA001)
3.4 BGA REBALLING
The contractor shall be able to Re-ball BGA assemblies down to a pin pitch of .4mm with Leaded Solder balls.
3.5 SOLDER PASTE STENCIL
The contractor shall provide assembly Solder Stencil(s) to the Government from the order upon request.
3.6 TURN KEY
If the Government RFQ is for a complete Turn-Key assembly then the vendor shall provide a quotation document containing costs and proposed sub-contractors for PCB fabrication, finished assembly, and electronic parts. The Vendor shall provide an alternate or modified BOM with the individual electronic parts, number, cost and vendor purchased from. (CDRL A002)
3.7 Delivery
The delivery schedule shall be specified at the order level.
3.8 Quality Program
3.8.1 The contractor shall have quality control processes in-place to maintain product quality. As applicable, the contractor shall maintain a quality program that complies with IPC-600, IPC-610, IPC-6012, and IPC-6013.
3.8.2 One hundred percent (100%) of all Class 3 boards shall be inspected by an IPC-A-600 Certified Quality Assurance Inspector.
3.8.3 The contractor shall be able to provide Class 3 products when required.
3.8.4 Certifications sent with every Class 3 order will include at a minimum the following five documents:
3.8.4.1 PCB Lot Certification of Conformance (CDRL A001)
3.8.4.2 Electrical Test Certification of Conformance against the government provided IPC-356A net list (CDRL A001)
3.8.4.3 Final Test Inspection Report (CDRL A003)
3.8.4.4 Manufacturer’s Material Test Report (CDRL A004)
3.8.4.5 Micro section test report (CDRL A005)
4.0 MISCELLANEOUS
4.1 Certification requirements:
Certification requirements differ for Class 2 and Class 3 boards (as defined in IPC-6012 and 6013). The contractor shall comply with all applicable certifications in accordance with regulatory and statutory requirements, including the following:
4.1.1 Class 2 certification requirements:
4.1.1.1 United States/Canada Joint Certification Program (JCP) REQUIRED. http://www.dlis.dla.mil/JCP/Default.aspx
4.1.1.2 International Traffic in Arms Regulations (ITAR) Certification REQUIRED. https://www.pmddtc.state.gov/registration/index.html
4.1.1.3 ISO9000 compliance REQUIRED. http://www.iso.org/iso/iso_9000
4.1.2 Class 3 certification requirements:
4.1.2.1 United States/Canada Joint Certification Program (JCP) REQUIRED. http://www.dlis.dla.mil/JCP/Default.aspx
4.1.2.2 International Traffic in Arms Regulations (ITAR) Certification REQUIRED. https://www.pmddtc.state.gov/registration/index.html
4.1.2.3 AS9100 Certification REQUIRED. http://asq.org/as9100/
Section D - Packaging and Marking
CLAUSES INCORPORATED BY FULL TEXT
| 5252.247-9507 | PACKAGING AND MARKING OF REPORTS (NAVAIR)(OCT 2005) | |
| (a) All unclassified data shall be prepared for shipment in accordance with best commercial practice. Classified reports, data and documentation, if any, shall be prepared for shipment in accordance with the National Industry Security Program Operating Manual, DoD 5220.22-M. | |
| (b) The contractor shall prominently display on the cover of each report the following information: | |
| | (1) Name and business address of contractor. |
| | (2) Contract Number/Delivery/Task order number. |
| | (3) Contract/Delivery/Task order dollar amount. |
| | (4) Whether the contract was competitively or non-competitively awarded. |
| | (5) Name of sponsoring individual. |
| | (6) Name and address of requiring activity. |
| 5252.247-9508 | PROHIBITED PACKING MATERIALS (NAVAIR)(JUN 1998) |
| The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use. |
| 5252.247-9509 | PRESERVATION, PACKAGING, PACKING AND MARKING (NAVAIR)(JUL 1998) |
| (a) Preservation, packaging and packing shall conform to prevailing industry standards for the type of commodity purchased under this contract. |
| (b) All packages will be clearly marked with applicable contract number/delivery order number, and will contain appropriate packing slip. |
| (c) In the event of any discrepancy in material shipped (overage, technical rejection, damage), the contractor shall, immediately upon request of the Contracting Officer, furnish disposition instructions. Normally, such disposition instruction shall be a properly completed Commercial Bill of Lading, which includes, but is not limited to, the mode of shipment, routing, special handling, and so forth. |
| (d) If the contractor is required to install equipment upon delivery, then the contractor shall inform the Government of the date of shipment from the contractor's facilities and the anticipated date of arrival at the site. This report shall be made no later than the actual date that the shipment is made from the contractor’s facilities. The report may be made by facsimile or e-mail, to the point of contact listed in Section G. All transportation, rigging, drayage, packing, unpacking, and handling necessary to accomplish the installation shall be the responsibility of the contractor. |
| 5252.247-9514 | TECHNICAL DATA PACKING INSTRUCTIONS (NAVAIR) (SEP 1999) |
| Technical Data and Information shall be packed and packaged for domestic shipment in accordance with best commercial practices. The package or envelope should be clearly marked with any special markings specified in this contract (or delivery/task order), e.g., Contract Number, CLIN, Device No., and document title must be on the outside of the package. Classified reports, data and documentation, if applicable, shall be prepared for shipment in accordance with Defense Industrial Manual for Safeguarding Classified Information, DoD 5520.22M. |
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
| 0003 |
| Destination |
| Government |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
| 5252.246-9512 | INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005) |
| (a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by [insert the accepting authority]. |
| (b) Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements. |
| 5252.246-9514 | INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995) |
| Inspection and acceptance of technical data and information will be performed by the Procuring Contracting Officer (PCO) or his duly authorized representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be evidenced by execution of an unconditional DD Form 250, Material Inspection and Receiving Report. The attached form will not be used for high cost data such as drawings, specifications, and technical manuals. |
| 5252.246-9517 | CONSTRUCTIVE ACCEPTANCE PERIOD (NAVAIR) (MAR 1999) |
| For the purpose of FAR Clause 52.232-25, "Prompt Payment", paragraph (a)(5)(i), Government acceptance shall be deemed to have occurred constructively on the [insert the number of days] day after the contractor delivered the supplies or performed the services. |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC |
| 52.211-17 |
| Delivery of Excess Quantities |
| SEP 1989 |
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.246-15 |
| Certificate of Conformance |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 52.247-62 |
| Specific Quantities Unknown |
| APR 1984 |
| 5252.216-9506 | MINIMUM AND MAXIMUM QUANTITIES (NAVAIR)(MAR 1999) |
| As referred to in paragraph (b) of FAR 52.216-22 " Indefinite Quantity" of this contract, the contract minimum quantity is 1; the maximum quantity is 500. |
| 5252.247-9505 | TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995) | |
| Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibit A, attached hereto, and the following: | |
| (a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below. Additionally, the technical data shall be delivered to the following cognizant codes, who are listed in Block 6 of the DD Form 1423. | |
| | (1) PCO, Code 254230D. |
| | (2) ACO, Code [insert code]. |
| | [insert additional code addresses, as necessary] |
| (b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO. | |
| (c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6. | |
| (d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above. | |
| (e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government. | |
| (f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection. | |
| (g) DD Form 1423, Block 14 Mailing Addresses: Code 47M100D, and Code 254200D | |
| F-TXT-04 | DELIVERY OF DATA (MAR 2003) |
| Data shall be delivered per the schedules and to the destinations listed in the Contract Data Requirements List, DD Form 1423, Exhibit A. |
Section G - Contract Administration Data
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
| 252.232-7006 |
| Wide Area WorkFlow Payment Instructions |
| MAY 2013 |
| 5252.201-9500 | TECHNICAL POINT OF CONTACT (TPOC)(NAVAIR)(SEP 2012) | |
| (a) The Technical Point of Contact (TPOC) for this contract is: | |
| | * |
| (b) This individual is not a Contracting Officer nor a Contracting Officer's Representative (COR)/Task Order COR (TOCOR) and has no authority to make changes, verbally or otherwise, to the existing contract or order. Further, no authority has been delegated to this individual by the Procuring Contracting Officer (PCO). | |
| (c) The contractor may use this technical POC for technical questions related to the existing contract or order. Also, as a representative of the requiring activity, the TPOC may perform or assist in such areas as: base access forms, security related issues, IT access requirements, Contractor Performance Assessment Reporting System (CPARS), clarification of technical requirements, and statement of work inquires. | |
| (d) The contractor shall immediately notify the Procuring Contracting Officer in writing if the contractor interprets any action by the TPOC to be a change to the existing contract. | |
*To be completed at the time of contract award.
| 5252.204-9503 | EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007) |
| (a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party might be considered to the extent permitted by law. |
| (b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered. |
| 5252.232-9501 | SUBMISSION OF INVOICES (FIXED PRICE) (NAVAIR) (OCT 2005) |
| (a) "Invoice" as used in this clause does not include contractor's requests for progress payments. |
| (b) The contractor shall submit original invoices with [___] copies to the address identified in the solicitation/contract award form (SF 26-Block 10; SF 33-Block 23; SF 1447-Block 14), unless delivery orders are applicable, in which case invoices will be segregated by individual order and submitted to the address specified in the order (DD 1155-Block 13 or SF 26-Block 10). |
| (c) The use of copies of the Material Inspection and Receiving Report (MIRP), DD Form 250, as an invoice is encouraged. DFARS Appendix F-306 provides instructions for such use. Copies of the MIRP used as an invoice are in addition to the standard distribution stated in DFARS F-401. |
| (d) In addition to the requirements of the Prompt Payment clause of this contract, the contractor shall cite on each invoice the contract line item number (CLIN); the contract subline item number (SLIN), if applicable; the accounting classification reference number (ACRN) as identified on the financial accounting data sheets, and the payment terms. |
| (e) The contractor shall prepare: |
| [__] a separate invoice for each activity designated to receive the supplies or services. |
| [__] a consolidated invoice covering all shipments delivered under an individual order. |
| [__] either of the above. |
| (f) If acceptance is at origin, the contractor shall submit the MIRP or other acceptance verification directly to the designated payment office. If acceptance is at destination, the consignee will forward acceptance verification to the designated payment office. |
| 5252.232-9524 | ALLOTMENT OF FUNDS (NAVAIR)(OCT 2005) | | | | |
| (a) This contract is incrementally funded with respect to both cost and fee. | | | | |
| (b) The amounts presently available and allotted to this contract for payment of fee, as provided in the Section I clause of this contract entitled “FIXED FEE”, are as follows: | | | | |
| | | ITEM(S) | ALLOTTED TO FIXED FEE | |
| | | [insert CLIN] | $[insert dollar amount] | |
| (c) The amounts presently available and allotted to this contract for payment of cost, subject to the Section I “LIMITATION OF FUNDS” clause, the items covered thereby and the period of performance which it is estimated the allotted amount will cover are as follows: | | | | |
| | | | | PERIOD OF |
| ITEM(S) | ALLOTTED TO COST | PERFORMANCE | | |
| [insert CLIN] | $[insert dollar amount] | [insert period] | | |
| (d) The parties contemplate that the Government will allot additional amounts to this contract from time to time by unilateral contract modification, and any such modification shall state separately the amounts allotted for cost and for fee, the items covered thereby, and the period of performance the amounts are expected to cover. | | | | |
| 5252.242-9511 | CONTRACT ADMINISTRATION DATA (NAVAIR)(SEP 2012) | |
| (a) Contract Administration Office. | |
| | (1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to: See the ADMINISTERED BY Block on the face page of the contract, modification, or order. |
| (b) Special Instructions (see FAR 42.202(b) and (c)): | |
| | (1) The following contract administration functions are retained (see FAR 42.302(a) and DFARS 242.302(a)): |
| | Functions Retained |
| Retained for Performance By: | |
| Contract administration functions |
| See the ADMINISTERED BY Block on the face page of the contract |
(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):
| Additional Functions |
| Retained for Performance By: |
| All additional contract administration functions |
| See the ADMINISTERED BY Block on the face |
page of the contract.
(c) Inquiries regarding payment should be referred to: MyInvoice at https://myinvoice.csd.disa.mil//index.html.
Section H - Special Contract Requirements
| 5252.211-9502 | GOVERNMENT INSTALLATION WORK SCHEDULE (NAVAIR)(DEC 2014) |
| (a) The Holidays applicable to this contract are: New Year's Day, Martin Luther King's Birthday, Presidents' Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day. |
| (b) In the event that any of the above holidays occur on a Saturday or Sunday, or alternate Friday, then such holiday shall be observed as they are by the assigned Government employees at the using activity. |
| (c) The Naval Air Warfare Center Weapons Division works a 4/5/9 work schedule. Therefore alternate Fridays are not a part of the normal workweek for work performed on-site at a Naval Air Warfare Center Weapons Division site. The majority of the Government offices are closed on alternate Fridays. |
| (d) No deviation in the normal workweek will be permitted without express advance approval by the designated Contracting Officer with coordination of the using departments. |
| 5252.216-9508 | MINIMUM AND MAXIMUM QUANTITIES FOR MULTIPLE AWARD CONTRACTS (NAVAIR)(AUG 2001) |
| (a) As referred to in paragraph (b) of FAR Clause 52.216-22, "Indefinite Quantity" of this contract, the contract minimum quantity is a total of $2,000 of the maximum contract price or total estimated cost and fee identified in Section B for the base period only. The maximum quantity is the total "not to exceed" quantity for all items combined as set forth in the schedule. All option periods thereafter do not have a guaranteed minimum. |
| (b) If multiple awards are made the minimum guarantee will be: $2,000 per contract |
| 5252.216-9512 | PAPERLESS CONTRACTING (NAVAIR)(JUN 2009) |
| (a) Orders and requests for proposals are hereby authorized to be issued by facsimile or by electronic commerce (including e-mail and paperless methods of delivery). Nothing in this contract should be read to prohibit these types of orders. In the event of a conflict with any other provision of this contract, this clause shall govern. |
| (b) To the extent the terms "written", "mailed", or "physically delivered" appear in other provisions of this contract, these terms are hereby defined to explicitly include electronic commerce, email, or paperless delivery methods. |
| 5252.216-9540 | ISSUANCE OF ORDERS USING STREAMLINED PROCEDURES (NAVAIR)(NOV 2003) | | |
| (a) Unless the procedures in paragraphs (b) and (c) are utilized orders will be issued under this contract using the following streamlined procedures: | | |
| | (1) For each proposed order, the contracting officer will provide the contractor with a statement of work (SOW) and an independent Government cost estimate (IGCE). | |
| | (2) Within three (3) working days of receipt of the SOW and IGCE, the contractor will respond with a confirmation letter agreeing to perform the SOW within the IGCE. If the requirement remains valid and the contracting officer determines the IGCE to represent a fair and reasonable price, a fully negotiated, priced order will be issued to the contractor. | |
| | (3) If the contractor does not agree with the SOW and/or IGCE, a proposal will be submitted to the contracting officer within five (5) working days of receipt of the SOW and IGCE, addressing only the specific areas of differences. Once the differences are resolved between the contracting officer and the contractor, and the contracting officer determines that the price is fair and reasonable, a fully negotiated, priced order will be issued to the contractor. | |
| (b) There may be occasions when the Government determines, in circumstances of emergency or exigency, that the need for specific supplies or services is unusually urgent. On such occasions, the Ordering Officer may issue an order based solely on the Government estimate, requiring the contractor to provide the supplies or services specified without having an opportunity to review the Government estimate before the order is issued. This type of order shall be a unilaterally unpriced order. | | |
| | (1) The unilaterally unpriced order shall specify the estimated cost and fee and the desired delivery schedule for the work being ordered. The Government's desired delivery shall apply unless the Ordering Officer receives written notification from the Contractor within fifteen (15) days after receipt of the order that the proposed delivery schedule is not acceptable. Such notification shall propose an alternative delivery schedule. The Contractor shall either provide written acceptance of the order or submit its cost proposal within thirty (30) days after receipt of the order. | |
| | (2) The Government has no obligation to pay for the supplies or services ordered until the actual price and delivery schedule have been negotiated. In no event shall the costs incurred exceed the estimated cost of the order. | |
| | (3) The contractor shall include in its proposal a statement of costs incurred and an estimate of costs expected to complete the work. Data supporting the accuracy and reliability of the cost estimate should also be included. After submission of the contractor's cost proposal and supporting data, the contractor and the Ordering Officer shall negotiate a bilateral modification to the original order finalizing the price and delivery schedule. | |
| | (4) Should the Ordering Officer and the contractor be unable to reach an agreement as to the terms of the order, the conflict shall be referred to the Contracting Officer who shall issue such direction as is required by the circumstances. If a bilateral agreement is not negotiated within sixty (60) days after submission of the contractor's cost proposal, the Contracting Officer will issue a modification to the unilaterally unpriced order that establishes the Government's total estimated cost for the order. This price will remain in effect unless the contractor requests to negotiate the price by submission of a proposal. | |
| | (5) Failure to arrive at an agreement shall be considered a dispute in accordance with the clause entitled "Disputes". | |
| (c) For orders under $100,000, the procedures for reaching agreement are as follows: | | |
| | (1) The Ordering Officer shall issue a fully funded, unilaterally executed order representing a firm order for the total requirement. | |
| | (2) In the event the contractor cannot perform in accordance with the terms and conditions and within the estimated cost of the order, the contractor shall: | |
| | | (i) notify the Ordering Officer with in three working days |
| | | (ii) submit a proposal for the work requested in the order, |
| | | (iii) not commence performance until such time that the differences between the order and contractor's proposal are resolved and a modification, if necessary, is issued. |
*Addendum to 5252.216-9540 ISSUANCE OF ORDERS USING STREAMLINED PROCEDURES (NAVAIR)(NOV 2003)
*See Section J Attachment 6
Section I - Contract Clauses
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-2 |
| Certificate Of Independent Price Determination |
| APR 1985 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| MAY 2014 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.203-7 |
| Anti-Kickback Procedures |
| MAY 2014 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| MAY 2014 |
| 52.203-10 |
| Price Or Fee Adjustment For Illegal Or Improper Activity |
| MAY 2014 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| OCT 2010 |
| 52.203-17 |
| Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights |
| APR 2014 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2016 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2016 |
| 52.204-21 |
| Basic Safeguarding of Covered Contractor Information Systems |
| JUN 2016 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| OCT 2015 |
| 52.209-9 |
| Updates of Publicly Available Information Regarding Responsibility Matters |
| JUL 2013 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| NOV 2015 |
| 52.211-5 |
| Material Requirements |
| AUG 2000 |
| 52.215-2 |
| Audit and Records--Negotiation |
| OCT 2010 |
| 52.215-8 |
| Order of Precedence--Uniform Contract Format |
| OCT 1997 |
| 52.215-14 |
| Integrity of Unit Prices |
| OCT 2010 |
| 52.215-17 |
| Waiver of Facilities Capital Cost of Money |
| OCT 1997 |
| 52.216-19 |
| Order Limitations |
| OCT 1995 |
| 52.216-22 |
| Indefinite Quantity |
| OCT 1995 |
| 52.219-6 |
| Notice Of Total Small Business Set-Aside |
| NOV 2011 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| NOV 2016 |
| 52.219-14 |
| Limitations On Subcontracting |
| NOV 2011 |
| 52.219-28 |
| Post-Award Small Business Program Rerepresentation |
| JUL 2013 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| OCT 2016 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-23 |
| Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction |
| FEB 1999 |
| 52.222-26 |
| Equal Opportunity |
| SEP 2016 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| OCT 2015 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUL 2014 |
| 52.222-37 |
| Employment Reports on Veterans |
| FEB 2016 |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act |
| DEC 2010 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.222-54 |
| Employment Eligibility Verification |
| OCT 2015 |
| 52.222-54 |
| Employment Eligibility Verification |
| OCT 2015 |
| 52.222-54 |
| Employment Eligibility Verification |
| OCT 2015 |
| 52.222-60 |
| Paycheck Transparency (Executive Order 13673) |
| OCT 2016 |
| 52.223-9 |
| Estimate of Percentage of Recovered Material Content for EPA-Designated Items |
| MAY 2008 |
| 52.223-11 |
| Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. |
| JUN 2016 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.223-20 |
| Aerosols |
| JUN 2016 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.227-1 |
| Authorization and Consent |
| DEC 2007 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| DEC 2007 |
| 52.229-3 |
| Federal, State And Local Taxes |
| FEB 2013 |
| 52.232-1 |
| Payments |
| APR 1984 |
| 52.232-8 |
| Discounts For Prompt Payment |
| FEB 2002 |
| 52.232-9 |
| Limitation On Withholding Of Payments |
| APR 1984 |
| 52.232-11 |
| Extras |
| APR 1984 |
| 52.232-23 |
| Assignment Of Claims |
| MAY 2014 |
| 52.232-25 |
| Prompt Payment |
| JUL 2013 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| JUL 2013 |
| 52.232-36 |
| Payment by Third Party |
| MAY 2014 |
| 52.232-37 |
| Multiple Payment Arrangements |
| MAY 1999 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.233-1 |
| Disputes |
| MAY 2014 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.243-1 |
| Changes--Fixed Price |
| AUG 1987 |
| 52.244-6 |
| Subcontracts for Commercial Items |
| SEP 2016 |
| 52.245-1 |
| Government Property |
| APR 2012 |
| 52.245-9 |
| Use And Charges |
| APR 2012 |
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-23 |
| Limitation Of Liability |
| FEB 1997 |
| 52.249-2 |
| Termination For Convenience Of The Government (Fixed-Price) |
| APR 2012 |
| 252.232-7009 |
| Mandatory Payment by Governmentwide Commercial Purchase Card |
| DEC 2006 |
| 252.246-7007 |
| Contractor Counterfeit Electronic Part Detection and Avoidance System |
| AUG 2016 |
| 252.246-7008 |
| Sources of Electronic Parts |
| OCT 2016 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
| 252.204-7012 | SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT INFORMATION (DEC 2015) | | | |
| (a) Definition. 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. | | | |
| "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 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 defense information" means unclassified information that -- | | | |
| | (i) Is -- | | |
| | | (A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or | |
| | | (B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and | |
| | (ii) Falls in any of the following categories: | | |
| | | (A) Controlled technical information. | |
| | | (B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process). | |
| | | (C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information. | |
| | | (D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information). | |
| "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. | | | |
| "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 information is recorded, stored, or printed within an 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. | | | |
| "Rapid(ly) report(ing)" 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 defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall - | | | |
| | (1) Implement information systems security protections on all covered contractor information systems including, as a minimum -- | | |
| | | (i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government - | |
| | | | (A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and |
| | | | (B) 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; or |
| | | (ii) 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)(i) of this clause -- | |
| | | | (A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, "Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations," 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, as soon as practical, but not later than December 31, 2017. The Contractor shall notify the DoD 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; or |
| | | | (B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection accepted in writing by an authorized representative of the DoD CIO; and |
| | | (2) Apply other security measures when the Contractor reasonably determines that such 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. | |
| (c) Cyber incident reporting requirement. | | | |
| | (1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall -- | | |
| | | (i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and | |
| | | (ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil. | |
| | (2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil. | | |
| | (3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx. | | |
| (d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer. | | | |
| (e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest. | | | |
| (f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis. | | | |
| (g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause. | | | |
| (h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released. | | | |
| (i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD-- | | | |
| | (1) To entities with missions that may be affected by such information; | | |
| | (2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents; | | |
| | (3) To Government entities that conduct counterintelligence or law enforcement investigations; | | |
| | (4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or | | |
| | (5) To a support services contractor ("recipient") that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information. | | |
| (j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purposes or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information. | | | |
| (k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data. | | | |
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