18Q0165_Solicitation_Amendment.docx
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- Attached to
- Electromagnetic (EMI) Shielded Trailer Federal contract opportunity
- Solicitation number
- N6893618Q0165
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N6893618Q0165 Solicitation Amendment
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N6893618Q0165
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
Contract Specialist:
| Name: | Patrick Popescu |
| Phone: | (760) 939-1132 |
| DSN: | 437-1132 |
| FAX: | (760) 939-8144 |
Email address: patrick.popescu@navy.mil
U.S. Postal Service Mailing Address:
| COMMANDER |
| CODE 254220D (P. POPESCU – 760-939-1132) |
| NAVAIRWARCENWPNDIV |
| 1 ADMINISTRATION CIRCLE. |
| BLDG 2334, MAIL STOP 1303 |
| CHINA LAKE, CA 93555-6108 |
Direct Delivery Address (UPS, FedEx, etc.):
| COMMANDER |
| CODE 254220D (P. POPESCU) |
| NAVAIRWARCENWPNDIV |
| 1 ADMINISTRATION CIRCLE. |
| BLDG 2334, MAIL STOP 1303 |
| CHINA LAKE, CA 93555-6108 |
Contracting Officer:
| Name: | Agapito Santana |
| Phone: | (760) 939-2866 |
| DSN: | 437-2866 |
| FAX: | (760) 939-8144 |
Email address: agapito.santana@navy.mil
U.S. Postal Service Mailing Address:
| COMMANDER |
| CODE 254220D (A. SANTANA – 760-939-2866) |
| NAVAIRWARCENWPNDIV |
| 1 ADMINISTRATION CIRCLE. |
| BLDG 2334, MAIL STOP 1303 |
| CHINA LAKE, CA 93555-6108 |
Direct Delivery Address (UPS, FedEx, etc.):
| COMMANDER |
| CODE 254220D (A. SANTANA) |
| NAVAIRWARCENWPNDIV |
| 1 ADMINISTRATION CIRCLE. |
| BLDG 2334, MAIL STOP 1303 |
| CHINA LAKE, CA 93555-6108 |
The Government is not offering financing for this procurement.
The following is a list of the additional questions we have for the above reverenced solicitation.
Is weight a concern? We have multiple shielding options all of which will exceed the 100 dB requirement that vary dramatically in weight. Additionally, we have permanent (welded) systems and modular systems. Is there an advantage to proposing any of these options?
Weight is a concern as it determines what type of vehicle can tow. Section 3.1.8 “Towability” addresses the question (12,000lbs weight maximum and 1200lbs tongue weight).
Is there an acoustic isolation requirement with the RF isolation?
While there is no acoustic isolation requirement, it is preferred to have some isolation, especially from loud items such as the generator.
What thermal Insulation value is desired for the walls and ceiling?
While section 3.1.2 addresses heating and cooling requirements, it does not specify the insulation value. The walls of the trailer will be subject to above 130°F ambient temperatures, putting metals at very hot temperatures. We would like the thermal transfer to be minimized to maintain internal temperatures. Spray in foam is a recommendation.
Is there an exterior finish specification? The one in the picture looks a bit worn.
While there is no requirement on exterior finish, commercial grade/automotive primer and paint, smooth texture, and white color is preferred.
What is the heat load for the interior equipment? We will be able to calculate the load from the walls and ceiling, but in order to size the HVAC equipment we will need to know what the interior heat loads generated will be. (at least an estimate so we can get close) Alternatively do you have an HVAC size that you require?
Heat load will vary depending on internal configuration though the maximum will be limited to the output power size of the generator. Worst case configuration would be approximately 2000W (2 large oscilloscopes, 4 monitors, two laptop computers, and 5 lower power (~100 total watt/each) electronics.
The AA-D-600D federal specification seems to pertain to vault doors in Class 5. Is a class 5 safe what is desired? Is this safe to be a 2 drawer, 5 drawer, drawing safe etc. and does it need a lock on each drawer?
· Class 6 safe only
· Two drawers minimum with one lock for all drawers.
· The safe cannot be modified in any way (such as welding it to the trailer). What is typically done is to use angle iron to create a floor bracket and then use straps to hold the safe in place.
· It can be black, parchment, or grey in color.
For the generator, are you looking for that to be within the sheildline of the enclosure or in its own shielded envelope? (Difference being that we will need to provide another filter to pass power if it is in its own envelope.) Are you looking for an automatic transfer switch for this or are we to provide additional receptacles that would allow the backed up items to be plugged into in the event the system power changes over to the generator?
The power input will be either shore power or generator power, no automatic transfer switch is required.
If the generator is interior to the shield line it is preferred that noise be minimized and fumes mitigated.
Do you need a separate gas tank for the generator or will it be connected to something on site?
Preferred to have a separate fuel tank for the generator, there will be no on-site connection.
Would a trailered 20’ sea container (modified) be of interest if it contained all of the requirements above?
Current trailer length is 10-12’ for the shielded box, which provides an adequate but tight interior working space. However, the tradeoff is a more maneuverable trailer.
Do you have a desired height?
Current trailer height is about 10ft. Height should be less than 12ft. The concern for an overly tall trailer would be 1) going under any overpasses, and 2) top heavy maneuverability on uneven terrain.
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Lot |
EMI Shielded Trailer
FFP
Contractor shall provide 1 electromagnetic shielded trailer as described in Section C of the Statement of Work FOB: Destination
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
Electromagnetic Interference (EMI) Shielded Trailer Statement of Work
1.0 BACKGROUND
The weapons division (4.7M) of the Naval Air Warfare Center Weapons Division (NAWCWD) requires the purchase of an electromagnetic (EMI) shielded trailer for high power microwave (HPM) research, development, testing, and evaluation (RDT&E).
1.1 Scope
The EMI shielded trailer will be used to shield sensitive electronics from HPM electric fields during open air range (OAR) testing. HPM fields will be applied to the trailer environment in narrowband (NB), mesoband (MB), wideband (WB), and ultra-wideband (UWB).
2.0 APPLICABLE DOCUMENTS
Testing for EMI shielding compliance of the trailer shall be in accordance with IEEE-STD-299, which supersedes MIL-STD-285.
3.0 REQUIREMENTS
3.1 Electromagnetic Interference Shielded Trailer
The Contractor(s) shall manufacture and deliver the EMI Shielded Trailer with the following capabilities:
3.1.1 EMI/RFI Shielding: The trailer shall be shielded from electromagnetic interference (EMI) with the conditions as shown in Table 1. The shielding shall be measured and documented with an accompanying report presenting the conditions and measurements performed.
| Frequency Range |
| Threshold Attenuation |
| Objective Attenuation |
| 300kHz – 3GHz |
| 90dB |
| 100dB |
| 3GHz-10GHz |
| 60dB |
| 100dB |
| 10GHz-40GHz |
| 50dB |
| 100dB |
Table 1: Shielding Effectiveness
3.1.2 Heating and Air Conditioning: The EMI trailer will be subject to extreme environmental climates from -10°F to 130°F ambient temperatures as well as house instrumentation equipment producing heat. The heating and air conditioning provided in the trailer shall keep the occupants at 70°F and 50°F, respectively, and help mitigate excess heat from running instrumentation in those environments.
3.1.3 Data Feeds: The trailer shall contain access point where data can be transferred inside of the trailer and shall consist of 16 Threshold (20 Objective) N-connector male gender pass-through and 16 Threshold (20 Objective) fiber optic pass-through. Each pass-through shall have their own termination cap.
3.1.4 Input Power: The trailer shall have means to connect a 208v, 30 ampere, 3-phase power connection receptacle for power input. This connector shall be waterproof, such as those made by Russellstoll, and be environmentally shielded. The input power should have an EMI filter rated with 100dB attenuation or more from 14kHz to 10GHz, such as defined by MIL-STD-200 or MIL-STD-188-125-1. A 100ft length, 208v, 30amp, 3-phase cable shall be provided to connect to the receptacle and mate with a standard NEMA 3-phase connector.
3.1.5 Safety/Hazard Lights: The trailer shall contain red flashing lights outside with a switch for activation inside the trailer, such that an awareness for hazard can be displayed. The trailer shall have rechargeable battery powered emergency lights installed to light the trailer exit for up to 1hr when power is disabled to allow occupants to safely exit.
3.1.6 Windows/Viewing Areas: The trailer shall contain an EMI shielded viewing window on the door with minimal dimensions 12” x 12” and with the capability to be covered with a latching door to obstruct the view.
3.1.7 Doors: The trailer shall be equipped minimally with 1 door for entry and exit with a minimum width of 36” and minimum height of 72”.
3.1.8 Towability: The trailer shall be capable of being towed by a 2-1/2” class V hitch. The trailer shall have a maximum weight of 12,000lbs and a maximum tongue weight of 1,200lbs. The trailer shall have a trailer jack.
3.1.9 Utility/Equipment Storage Areas: The trailer shall be equipped with two floor to ceiling 19” Equipment Racks with 120Vac power connections in a power strip. The 19-inch dimension includes the edges, or "ears", that protrude on each side which allow the module to be fastened to the rack frame with screw. Government owned electronic equipment and instrumentation meets the 19-inch rack mountable definition and is 1U to 6U in size.
3.1.10 Generator: The trailer shall have a minimum 208v, 3-phase, 10kW diesel generator capable of running the air conditioning or heater as well as a 2kW instrumentation load. The generator shall be shielded from EMI, weather enclosed, and sound enclosed.
3.1.11 Workstation Area: The trailer shall have a minimum of one desk with a minimum length of 72” and minimum depth of 24”. It is essential to accommodate up to three office chairs at the desk to allow usable work space with keyboards and monitors. The desk shall be situated against a wall such that monitors can be mounted on the walls.
3.1.12 Safe: The trailer shall have a GSA container safe with federal specification AA-D-600D.
3.1.13 Tool Chest: The trailer shall have a toolbox/tool-chest with drawers that can house an assortment of tools and connector ends.
3.2 Electromagnetic Interference Shielded Trailer Shielding Effectiveness The EMI shielded trailer shall undergo an effectiveness test in accordance with IEEE-STD-299 to verify the electromagnetic capabilities of the shielding as specified in 3.1: where the attenuation shall be 90dB threshold (100dB objective) from the frequency span 1MHz-3GHz and 60dB threshold (100dB objective) from 3GHz to 10GHz.
3.3 Documentation
Shielding effectiveness shall be documented and reported upon delivery. Standard operating documentation shall be provided on procedures, storage, and hauling.
3.4 Shipment
The EMI shielded trailer shall be shipped to China Lake Naval Air Weapons Station, 1800 N. Knox Rd, China Lake, CA, 93555.
3.5 Travel
Not Applicable
3.5 Notional Trailer Layout
Figure 1 shows the layout of the items from section 3.1 and a notional layout of each item. The configuration is meant as a suggestion based on current trailer capability.
Trailer
3.1.8 Towability
Wheel Arch Wheel Arch
3.1.3 Data Feeds
3.1.2 Heating and Air Conditioning
3.1.11 Workstation Area
3.1.12 Safe
3.1.13 Tool Chest
3.1.6 Viewing Window
3.1.7 Door
3.1.10 Generator
3.1.9 Rack Mount 19”
3.1.9 Rack Mount 19”
3.1.4 Input Power
Storage
3.1.5 Safety Hazard Lights
Figure 1: Notional Trailer Layout
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 |
| Origin |
| N/A |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| 12 mths. ADC |
| 1 |
| N/A |
FOB: Destination
| 52.211-17 |
| Delivery of Excess Quantities |
| SEP 1989 |
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
Section G - Contract Administration Data
| 252.232-7006 | WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) | |
| (a) Definitions, as used in this clause-- | ||
| "Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization. | ||
| "Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). | ||
| "Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system. | ||
| (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. | ||
| (c) WAWF access. To access WAWF, the Contractor shall-- | ||
| (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and | ||
| (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site. | ||
| (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/. | ||
| (e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol. | ||
| (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: | ||
| (1) Document type. The Contractor shall use the following document type(s). | ||
| ____________________________________*_______________________________________ | ||
| (Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.) | ||
| (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. | ||
| __________________________________N/A_______________________________________ | ||
| (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: | _________N68936__________ | |||
| Ship To Code: | _________N68936__________ | |||
| Ship From Code: | _________________________ | |||
| Mark For Code: | _________________________ | |||
| Service Approver (DoDAAC): | _________________________ | |||
| Service Acceptor (DoDAAC): | _________________________ | |||
| Accept at Other DoDAAC: | _________________________ | |||
| LPO DoDAAC: | _________________________ | |||
| DCAA Auditor DoDAAC: | _________________________ | |||
| Other DoDAAC(s): | _________________________ | |||
| (*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. |
*To be completed at award
| G-TXT-01 | ATTENTION! E-MAIL ADDRESS REQUIRED FOR DISTRIBUTION |
| All Naval Air Warfare Center Weapons Division Contracts/ Purchase Orders and other related documents are now distributed by electronic mail. | |
| Please provide the e-mail address to which distribution of contracts/purchase orders should be made. | |
| E-Mail Address:___________________________________________________ |
Section I - Contract Clauses
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-6 Alt I |
| Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I |
| OCT 1995 |
| 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 |
| 52.204-7 |
| System for Award Management |
| OCT 2018 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2016 |
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| JUL 2016 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| JUL 2016 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 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 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| NOV 2015 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| OCT 2018 |
| 52.212-5 |
| Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items |
| OCT 2018 |
| 52.219-6 |
| Notice Of Total Small Business Set-Aside |
| NOV 2011 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2018 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| JAN 2018 |
| 52.222-37 |
| Employment Reports on Veterans |
| FEB 2016 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 2015 |
| 52.222-50 |
| Combating Trafficking in Persons |
| JAN 2019 |
| 52.223-5 |
| Pollution Prevention and Right-to-Know Information |
| MAY 2011 |
| 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 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.232-23 |
| Assignment Of Claims |
| MAY 2014 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| OCT 2018 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| OCT 2018 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 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 |
| 52.246-24 |
| Limitation Of Liability--High-Value Items |
| FEB 1997 |
| 52.252-2 |
| Clauses Incorporated By Reference |
| FEB 1998 |
| 52.252-6 |
| Authorized Deviations In Clauses |
| APR 1984 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| OCT 2016 |
| 252.204-7014 |
| Limitations on the Use or Disclosure of Information by Litigation Support Contractors |
| MAY 2016 |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| MAY 2016 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism |
| OCT 2015 |
| 252.211-7008 |
| Use of Government-Assigned Serial Numbers |
| SEP 2010 |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| JUN 2013 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic |
| DEC 2017 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2017 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| DEC 2017 |
| 252.225-7013 |
| Duty-Free Entry--Basic |
| MAY 2016 |
| 252.225-7016 |
| Restriction On Acquisition Of Ball and Roller Bearings |
| JUN 2011 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.232-7001 |
| Disposition Of Payment |
| DEC 1991 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.244-7001 Alt I |
| Contractor Purchasing System Administration (May 2014) --Alternate I |
| MAY 2014 |
| 252.246-7007 |
| Contractor Counterfeit Electronic Part Detection and Avoidance System |
| AUG 2016 |
| 252.246-7008 |
| Sources of Electronic Parts |
| MAY 2018 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
| 252.247-7024 |
| Notification Of Transportation Of Supplies By Sea |
| MAR 2000 |
| 52.203-19 | PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017) |
| (a) Definitions. As used in this clause-- | |
| "Internal confidentiality agreement or statement" means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency. | |
| "Subcontract" means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. | |
| "Subcontractor" means any supplier, distributor, vendor, or firm (including a consultant) that furnishes supplies or services to or for a prime contractor or another subcontractor. | |
| (b) The Contractor shall not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). | |
| (c) The Contractor shall notify current employees and subcontractors that prohibitions and restrictions of any preexisting internal confidentiality agreements or statements covered by this clause, to the extent that such prohibitions and restrictions are inconsistent with the prohibitions of this clause, are no longer in effect. | |
| (d) The prohibition in paragraph (b) of this clause does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. | |
| (e) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015, (Pub. L. 113-235), and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions) use of funds appropriated (or otherwise made available) is prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. | |
| (f) The Contractor shall include the substance of this clause, including this paragraph (f), in subcontracts under such contracts. |
| 52.204-19 | 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. |
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018)
(a) Definitions. As used in this clause--
Covered article means any hardware, software, or service that--
(1) Is developed or provided by a covered entity;
(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or
(3) Contains components using any hardware or software developed in whole or in part by a covered entity.
Covered entity means--
(1) Kaspersky Lab;
(2) Any successor entity to Kaspersky Lab;
(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or
(4) Any entity of which Kaspersky Lab has a majority ownership.
(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from--
(1) Providing any covered article that the Government will use on or after October 1, 2018; and
(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.
(c) Reporting requirement.
(1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:
(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.
(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.
(End of clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (OCT 2018)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (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)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
| 52.222-35 | EQUAL OPPORTUNITY FOR VETERANS (OCT 2015) |
| (a) Definitions. As used in this clause-- | |
| “Active duty wartime or campaign bade veteran”, “Armed Forces service medal veteran”, “disabled veteran”, “protected veteran”, “qualified disabled veteran”, and “recently separated veteran” have the meanings given at FAR 22.1301. | |
| (b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans. | |
| (c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings. |
| 252.211-7003 | ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016) | ||||
| (a) Definitions. As used in this clause-- | |||||
| “Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media. | |||||
| “Concatenated unique item identifier” means-- | |||||
| (1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or | |||||
| (2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number. | |||||
| “Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200(ECC200) specification found within International Standards Organization (ISO)/ International Electrotechnical Commission (IEC) 16022. | |||||
| “Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows. | |||||
| “DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html. | |||||
| “DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number. | |||||
| “Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items. | |||||
| “Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency. | |||||
| “Government's unit acquisition cost” means-- | |||||
| (1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery; | |||||
| (2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and | |||||
| (3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery. | |||||
| “Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459. | |||||
| “Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier. | |||||
| “Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts. | |||||
| “Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions. | |||||
| “Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards. | |||||
| “Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface. | |||||
| “Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent. | |||||
| “Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise. | |||||
| “Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment. | |||||
| “Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier. | |||||
| “Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier. | |||||
| “Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto. | |||||
| “Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent. | |||||
| “Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html. | |||||
| (b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item. | |||||
| (c) Unique item identifier. | |||||
| (1) The Contractor shall provide a unique item identifier for the following: | |||||
| (i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items: | |||||
| Contract Line, Subline, or Exhibit Line Item Number Item Description | |||||
| ___________________________________._____________________________________________ | |||||
| ________________________________________________________________________________ | |||||
| ________________________________________________________________________________ | |||||
| (ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table: | |||||
| Contract Line, Subline, or Exhibit Line Item Number Item Description | |||||
| ___________________________________._______________________________________________ | |||||
| __________________________________________________________________________________ | |||||
| __________________________________________________________________________________ | |||||
| (If items as identified in the Schedule, insert "See Schedule" in this table.) | |||||
| (iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ______. | |||||
| (iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ______. | |||||
| (v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identified for traceability. | |||||
| (2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor. | |||||
| (3) The unique item identified component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification. | |||||
| (4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that-- | |||||
| (i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor: | |||||
| (A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. | |||||
| (B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard. | |||||
| (C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and | |||||
| (ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology--Transfer Syntax for High Capacity Automatic Data Capture Media. | |||||
| (5) Unique item identifier. | |||||
| (i) The Contractor shall-- | |||||
| (A) Determine whether to-- | |||||
| (1) Serialize within the enterprise identifier; | |||||
| (2) Serialize within the part, lot, or batch number; or | |||||
| (3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and | |||||
| (B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version; | |||||
| (C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and | |||||
| (D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version. | |||||
| (ii) The issuing agency code-- | |||||
| (A) Shall not be placed on the item; and | |||||
| (B) Shall be derived from the data qualifier for the enterprise identifier. | |||||
| (d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, either as part of the Material Inspection and Receiving Report, the following information: | |||||
| (1) Unique item identifier. | |||||
| (2) Unique item identifier type. | |||||
| (3) Issuing agency code (if concatenated unique item identifier is used). | |||||
| (4) Enterprise identifier (if concatenated unique item identifier is used). | |||||
| (5) Original part number (if there is serialization within the original part number). | |||||
| (6) Lot or batch number (if there is serialization within the lot or batch number). | |||||
| (7) Current part number (optional and only if not the same as the original part number). | |||||
| (8) Current part number effective date (optional and only if current part number is used). | |||||
| (9) Serial number (if concatenated unique item identifier is used). | |||||
| (10) Government's unit acquisition cost. | |||||
| (11) Unit of measure. | |||||
| (12) Type designation of the item as specified in the contract schedule, if any. | |||||
| (13) Whether the item is an item of Special Tooling or Special Test Equipment. | |||||
| (14) Whether the item is covered by a warranty. | |||||
| (e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information: | |||||
| (1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part. | |||||
| (2) Unique item identifier of the embedded subassembly, component, or part. | |||||
| (3) Unique item identifier type.** | |||||
| (4) Issuing agency code (if concatenated unique item identifier is used).** | |||||
| (5) Enterprise identifier (if concatenated unique item identifier is used).** | |||||
| (6) Original part number (if there is serialization within the original part number).** | |||||
| (7) Lot or batch number (if there is serialization within the lot or batch number).** | |||||
| (8) Current part number (optional and only if not the same as the original part number).** | |||||
| (9) Current part number effective date (optional and only if current part number is used).** | |||||
| (10) Serial number (if concatenated unique item identifier is used).** | |||||
| (11) Description. | |||||
| ** Once per item. | |||||
| (f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows: | |||||
| (1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/. | |||||
| (2) Embedded items shall be reported by one of the following methods-- | |||||
| (i) Use of the embedded items capability in WAWF; | |||||
| (ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or | |||||
| (iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) _____, Unique Item Identified Report for Embedded Items, Contract Data Requirements List, DD Form 1423. | |||||
| (g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items. |
252.232-7001 DISPOSITION OF PAYMENTS (DEC 1991)
Payment will be by a dual payee Treasury check made payable to the contractor or the * and will be forwarded to that disbursing office for appropriate disposition.
*To be completed after award
Section K - Representations, Certifications and Other Statements of Offerors
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