17-R-0031_Solicitation_3.doc

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

Questions pertaining to the RFP shall be submitted no later than 10 business days after the solicitation is posted, by

4:00 PM Pacific Time. Questions shall be submitted by email to christopher.a.purvis@navy.mil and sierra.trepanier@navy.mil.

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

CONTRACT SPECIALIST

Name: Christopher Purvis

Phone: (760) 939-3250

DSN: 437-3250

FAX: (760) 939-8107

Email address: christopher.a.purvis@navy.mil

U.S. Postal Service Mailing Address:

NAWCWD

CODE 254200D (C. PURVIS – 760-939-3250)

429 E BOWEN RD

MAIL STOP 4015

CHINA LAKE, CA 93555-6108

Direct Deliver Address (UPS, FedEx, etc):

NAWCWD

CODE 254200D (C. PURVIS – 760-939-3250)

429 E BOWEN RD

MAIL STOP 4015

CHINA LAKE, CA 93555-6108

CONTRACTING OFFICER

Name: Sierra Trepanier

Phone: (760) 939-8958

DSN: 437-8958

FAX: (760) 939-8107

Email address: sierra.trepanier@navy.mil

U.S. Postal Service Mailing Address:

NAWCWD

CODE 254200D (S. TREPANIER – 760-939-8958)

429 E BOWEN RD

MAIL STOP 4015

CHINA LAKE, CA 93555-6108

Direct Deliver Address (UPS, FedEx, etc):

NAWCWD

CODE 254200D (S. TREPANIER – 760-939-8958)

429 E BOWEN RD

MAIL STOP 4015

CHINA LAKE, CA 93555-6108

Section B - Supplies or Services and Prices

AIM-9L Gyro Repair & Refurb

FFP

AIM-9L Gyro Repair & Refurbish Subassemblies. The contractor shall repair and refurbish in accordance with the PWS in Section C.

FOB: Destination

NET AMT

H-Condition Disposition

The contractor shall handle H-condition hardware in accordance with Section C, PWS.

NET AMT

Contract Data Requirements List (CDRLs)

The contractor shall provide CDRLs in accordance with form DD 1423.

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

PERFORMANCE WORK STATEMENT (PWS)

AIM-9L GYRO SUBASSEMBLY REPAIR P/N 639AS12392

14 November 2017

1.0 BACKGROUND

1.1 SCOPE

The purpose of this contract is to support the refurbishment and repair of Sidewinder AIM-9L Gyro Subassemblies P/N 639AS12392.

2.0 APPLICABLE DOCUMENTS

2.1 Gyro Subassembly Product Baseline P/N 639AS12392 and sub tier drawings, Attachment (1), is applicable to this Performance Work Statement to the extent specified herein.

2.1.1 OPNAVINST S5513.2B “ID 02-58.3 Sidewinder AIM-9L Missile Security Classification Guide dated 16 Sep 2013.”

2.2 Availability of NAVAIR Documents. Unless otherwise indicated, copies of documents listed within Attachment (1) are available from NAWCWD Code 471L00D, 1900 N. Knox Rd MS 6518, China Lake, CA 93555-6106.

3.0 REQUIREMENTS

3.1 Optical Barrel and Gimbal Assembly Repair and Refurbishment. The contractor shall repair and refurbish the Optical Barrel and Gimbal Assembly in accordance with the drawing requirements of drawing 639AS12393 to a “like new” condition.

3.1.1 Gyro Subassembly parts may be interchanged at the contractor’s discretion. The contractor shall not replace unrepairable parts found during the inspection with new parts except as noted below. The contractor is authorized to replace damaged or unusable components as required, as long as the agreed to negotiated repair cost is not exceeded. If a repair action will cause a price increase, authorization from the Procuring Contracting Officer (PCO) is required prior to repair of that specific unit.

3.1.2 Non-Recurring Engineering (NRE). As agreed upon with the Government, the contractor shall perform changes to its process to use AIM-9M spin bearings in the AIM-9L gyro subassembly repair in accordance with 639AS12393, replace the obsolete AIM-9L lube process with the current AIM-9M lube process, and update and/or build tooling where required to enable AIM-9L gyro subassembly repair. NRE shall address all age and obsolescence issues with the AIM-9L gyro subassembly repair.

3.1.3 The contractor shall disassemble, clean and inspect all components, protecting the Primary Mirror (P/Ns 639AS565 or 639AS614 or 639AS615), Edge Guard (P/N 639AS623), and Gimbal Post (P/N 639AS537) from damage. The contractor shall not remove the Primary Mirror and Edge Guard from the Optical Barrel, Machined (P/N 639AS2957).

3.1.4 The contractor shall perform runout inspection of Mirror Stud during gyro disassembly to complete the bond joint evaluation. The contractor shall measure runout of the mirror stud 0.2498 diameter (which aligns the secondary mirror to the gyro spin axis) relative to the spin bearing trunnion of the forward lens housing. The machined optical barrel is to be rejected if the runout measurement exceeds 0.002 inch.

3.1.5 The contractor shall refurbish the Gimbal Assembly (P/N 639AS12394) and inspect inner and outer trunnions and bearing bores for wear and damage, and repair as required, to meet the drawing requirements. The contractor shall replace damaged or unusable gimbal components as required. The contractor shall replace the Gimbal Bearings (P/N 639AS3168), Gimbal Screws (P/N 639AS750), Gimbal Bearing Shims (P/N 639AS627) and Spin Bearings (P/N 639AS12395) with new components. Gimbal bearing shims (P/N 639AS627 may be reused if in serviceable condition.

3.1.6 The contractor shall inspect the Machined Optical Barrel, clean, rework, and repaint. The contractor shall not repair any Machined Optical barrel if damage is found during the inspection. The contractor shall inform the Technical Point of Contact of the noted conditions by FAX or e-mail, identifying the unit serial number and description of damage, within five business days. The contractor may exchange the unserviceable assembly with a different subassembly for the repair. The contractor shall apply adhesive to internal thread of preload nut (P/N 639AS508) in accordance with specification AS6063 paragraph 3.2.1.1.4.

3.1.7 The contractor shall inspect the Aft Housing and Lens Assembly (P/N 639AS2940), and clean. The contractor shall not disassemble the Aft Housing and Lens Assembly. The contractor shall not repair any Aft Housing Lens Assembly if damage is found during the inspection. The contractor shall inform the Technical Point of Contact of the noted conditions by FAX or e-mail, identifying the unit serial number and description of damage, within five business days. The contractor may exchange the unserviceable assembly with a different subassembly to complete Gyro Subassembly repairs.

3.1.8 The contractor shall assemble and test the Gimbal Assembly in accordance with the requirements of drawing 639AS12394, notes 3, 4, 5 and 6. The contractor shall record the actual data for each unit.

3.1.9 The contractor shall reassemble and inspect the hardware to the requirements of drawings and specifications 639AS12393, AS6062, 639AS12392 and AS6063, except the test and inspection requirements associated with the Primary Mirror are not required. Ensure epoxy has been applied to Aft Housing and Lens Assembly in accordance with specification AS6063 paragraph 3.2.1.1.9.

3.2 Government Furnished Property (GFP). The Government will deliver AIM-9L Gyro Subassemblies (P/N 639AS12392), which includes an Edge Guard (P/N 639AS623) to the contractor within Government furnished shipping containers. The Government plans to ship 30 units (tracked by serial number) within 5 days after award for a yield of 20 refurbished Gyro Subassemblies. The Government anticipates a rejection rate of unrepairable Gyro Subassemblies of approximately 25-50%.

3.3 Packing and marking. The contractor shall preserve and pack the hardware in accordance with ASTM 3941, “Standard Practice for Commercial Packaging.” Marking shall be in accordance with MIL-STD-129P, “Military Marking for Shipment and Storage.” Hardware shall be shipped back in GFP shipping containers.

3.4 Serialization. On the label of each subassembly shipping container the contractor shall provide the serial number of the Gimbal Assembly (P/N 639AS12394) contained within that Gyro Subassembly. If the contractor removes a gimbal & replaces the gimbal with a different gimbal, the shipping container label shall be marked with the original Gimbal Assembly serial number and the new gimbal serial number. This is important so that the original shim, secondary mirror, balance screw and sunshade can be replaced on the correct gyro.

3.5 Schedule. The contractor shall deliver 20 refurbished Gyro Subassemblies to the following schedule: 6 repaired units shall be delivered each month for seventh month through ninth month after award, and remaining 2 repaired units shall be delivered for tenth month after award. Partial shipment of the Gyro Subassemblies is acceptable and encouraged. Partial payment is acceptable. Early Delivery of Gyro Subassemblies is acceptable.

3.5.1 The contractor shall deliver a data sheet in contractor format (MPB Gimbal Customer Return Document, GS Form 1) for each Gyro Subassembly, which details the inspection record results, parts replaced, test data, and repairs made (CDRL A001).

3.6 Inspection and Acceptance. The cognizant DCMA office is responsible for periodic monitoring of manufacturing operations, and witnessing of inprocess inspections performed by the contractor, specifically preload and torque inspections in accordance with specification AS6059. The source of the requirement for AS6059 flows down from the Gimbal Assembly drawing 639AS12394. The contractor shall notify the cognizant DCMA office no less than 24 hours prior to start of preload and torque inspections. Final acceptance of the repaired assemblies shall be at destination and will be performed by NAWCWD China Lake. Acceptance criteria shall be in accordance with the requirements of drawing 639AS12394 notes 3, 4, 5 and 6. Material Inspection and Receiving Report DD250 is required.

3.7 Warranty. The contractor shall provide a six month warranty for the repairs performed.

3.8 Disposition of non-repairable hardware. Gyro Sub‑Assemblies (P/N 639AS12392) that are beyond repair will be reported to NAWCWD, China Lake as “H” condition. The contractor shall provide basis for the determination (i.e. inspection record results detailing the non-repairable parts and basis for non-repair. On all Gyro Subassemblies returned as "H" condition, replace nylon shipping screw and place in gyro container to prevent shipping damage to the unit. Unusable assemblies and parts such as aft lens housings, preload nuts, etc. may be shipped back to the Government POC, at NAWCWD China Lake in any quantities without the need to reassemble, as contractor deems necessary. (CDRL A001)

3.8.1 Any residual parts shall be returned to the Government after the completion of the contract.

3.9 Security Classification and Control. This contract will involve hardware and information up to the Security Classification of SECRET. The following Security Classification Guide(s) applies and will be provided by the User Agency as required: OPNAVINST S5513.2B “ID 02-58.3 Sidewinder AIM-9L Missile Security Classification Guide dated 16 Sep 2013.”

3.9.1 The contractor shall be responsible for protection of Government Sensitive data (as defined by Public Law 100-235). Such protection will be equivalent to the protection the Contractor affords its own proprietary data and trade secrets: but in any event, Government sensitive data shall not be discussed, processed, or transmitted over unsecure telephone, facsimile, computer or communication circuits.

3.10 First article testing shall be required for any AIM-9 gyro subassembly repair sources that have not been approved by the Government within the last 12 months. Previously approved AIM-9 gyro subassembly repair sources shall also require first article testing if the source has not performed repairs within the last 12 months.

C-TXT-ECMRA REQUIRED ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (ECMRA) INFORMATION (NOV 2017)

The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the NAWCWD via a secure data collection site. Contracted services, excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) D, Automatic Data Processing and Telecommunications, IT and Telecom - Telecommunications Transmission (D304) and Internet (D322) ONLY.

(5) S, Utilities ONLY;

(6) V, Freight and Shipping ONLY.

The contractor is required to completely fill in all required data fields using the following web address "https://www.ecmra.mil.”

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at "https://www.ecmra.mil.”

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.

5252.247-9514

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 5220.22M.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

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 NAWCWD.

(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.

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLAUSES INCORPORATED BY REFERENCE

5252.211-9507

PERIOD OF PERFORMANCE (NAVAIR)(SEP 2013)

(a) The contract shall commence on [insert effective date] and shall continue [insert either "for a period of months" or provide a calendar date ]. However, the period of performance may be extended in accordance with the option provisions contained herein.

(b) If DFAR Clause 252.216-7006, "Ordering", is incorporated into this contract, then the period in which the Government can issue orders under the contract will be extended at the exercise of an option, and extended to the end of that option period.

*To be completed at award

CLAUSES INCORPORATED BY FULL TEXT

595252.247-9505

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 471L00D and Code 254200D.

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions, as used in this clause--

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

(Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or "Not applicable.")

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF

Data to be entered in WAWF

Pay Official DoDAAC:

Issue By DoDAAC:

N68936___________________

Admin DoDAAC:

Inspect By DoDAAC:

Ship To Code:

Ship From Code:

Mark For Code:

N/A______________________

Service Approver (DoDAAC):

Service Acceptor (DoDAAC):

Accept at Other DoDAAC:

LPO DoDAAC:

DCAA Auditor DoDAAC:

Other DoDAAC(s):

(*Contracting Officer: Insert applicable DoDAAC information or "See schedule" if multiple ship to/acceptance locations apply, or "Not applicable.")

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system.

(Contracting Officer: Insert applicable email addresses or "Not applicable.")

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. For Navy WAWF questions call DFAS Customer Care 1-800-756-4571 option 6

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

5252.201-9500

TECHNICAL POINT OF CONTACT (TPOC)(NAVAIR)(SEP 2012)

(a) The Technical Point of Contact (TPOC) for this contract is:[insert name, code, mailing address, and telephone number]

(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.

CLAUSES INCORPORATED BY FULL TEXT

5252.201-9501

DESIGNATION OF CONTRACTING OFFICER'S REPRESENTATIVE (COR) (NAVAIR)(SEP 2012)

(a) The Contracting Officer has designated [insert name, mailing address, code, and telephone number] as the authorized Contracting Officer's Representative (COR) to perform the following functions, duties, and/or responsibilities:[Insert functions, duties, and/or responsibilities of the COR].

(b) The effective period of the COR designation is [insert "the period of performance of this contract" OR "from _______ to ________."]

CLAUSES INCORPORATED BY FULL TEXT

5252.242-9511

CONTRACT ADMINISTRATION DATA (NAVAIR)(NOV 2017)

(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:

(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):

(c) Inquiries regarding payment should be referred to: MyInvoice through the Wide Area Workflow eBusiness Suite: https://wawf.eb.mil.

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY FULL TEXT

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.

5252.223-9501

MATERIAL SAFETY DATA SHEET (MSDS)(NAVAIR) (APR 2009)

(a) The contractor shall forward an electronic copy of the Material Safety Data Sheet (MSDS) required under FAR Clause 52.223-3, "Hazardous Material Identification and Material Safety Data", to Mar-navyhmirs@med.navy.mil and the Naval Inventory Control Point (NICP) at wraps.prime.fct@navy.mil.

(b) One copy of the MSDS shall be enclosed with the shipping documents. If the shipment is received without an attached copy of the MSDS, the Government has the right to refuse receipt.

5252.225-9506 VERIFICATION OF "SHIP TO" AND/OR "NOTICE OF AVAILABILITY" ADDRESS (NAVAIR) (JAN 1992)

The contractor shall submit a request in duplicate to the Transportation Office of the cognizant Contract Administration Office for verification of the "Ship to" address. If the offer/release instructions require a "Notice of Availability" the contractor shall also request verification of the address to which notification will be made (the 'IAC 3' address). Such requests shall be submitted at least ten (10) days in advance of (i) date Notice of Availability is to be submitted, or (ii) actual shipping date, if shipment is to be released automatically.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.203-16

PREVENTING PERSONAL CONFLICTS OF INTEREST (NOV 2011)

(a) Definitions. As used in this clause--

“Acquisition function closely associated with inherently governmental functions” means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:

(1) Planning acquisition.

(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.

(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.

(4) Evaluation contract proposals.

(5) Awarding Government contracts.

(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejection contractor products or services).

(7) Terminating contracts.

(8) Determining whether contract costs are reasonable, allocable, and allowable.

“Covered employee” means as individual who performs an acquisition function closely associated with inherently governmental functions and is--

(1) An employee of the contractor; or

(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.

“ Non-public information” means any Government or third-party information that--

(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or

(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.

“ Personal conflict of interest” means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (a de minimis interest that would not “ impair the employee's ability to act impartially and in the best interest of the Government” is not covered under this definition.)

(1) Among the sources of personal conflicts of interest are--

(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and

(iii) Gifts, including travel.

(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--

(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;

(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);

(iii) Services provided in exchange for honorariums or travel expense reimbursements;

(iv) Research funding or other forms of research support;

(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);

(vi) Real estate investments;

(vii) Patents, copyrights, and other intellectual property interests; or

(viii) Business ownership and investment interests.

(b) Requirements. The Contractor shall--

(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--

(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure or interests that might be affected by the task to which the employee has been assigned as follows:

(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;

(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business);

(C) Gifts, including travel; and

(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.

(2) For each covered employee--

(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;

(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.

(3) Inform covered employees of their obligation--

(i) To disclose and prevent personal conflicts of interest;

(ii) Not to use non-public information accessed through performance of a Government contract for personal gain; and

(iii) To avoid even the appearance of personal conflicts of interest;

(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;

(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and

(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--

(i) Failure by a covered employee to disclose a personal conflict of interest;

(ii) Use of a covered employee of non-public information accessed through performance of a Government contract for personal gain; and

(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.

(c) Mitigation or Waiver.

(1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the Contracting Officer to the Head of the Contracting Activity for--

(i) Agreement to a plan to mitigate the personal conflict of interest; or

(ii) A waiver of the requirement.

(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.

(3) The Contractor shall--

(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or

(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or termination the applicable subcontract.

(d) Subcontractor flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--

(1) That exceed $150,000; and

(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)

(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the pilot program on Contractor employee whistleblower protections established at 41 U.S.C. 4712 by section 828 if the National Defense Authorization Act for Fiscal Year 2013 (Pub.L. 112-239) and FAR 3.908.

(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation.

(c) The Contractor shall insert the substance of this clause, including paragraph (c), in all subcontracts over the simplified acquisition threshold.

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

"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.

52.204-19

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

52.219-28

POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

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…