18R0022_Solicitation.docx

DOCX document 124 KB Posted Jul 10, 2018

Attached to: Common Munitions Built-In Test/Reprogramming Equipment (CMBRE)
Solicitation number: N6893618R0022
Issued by: Department of the Navy Naval Air Systems Command Naval Air Warfare Center

About this file

From the source

N6893618R0022 Solicitation

View the file

Other files

File	Type	Posted
18R0022_Section_J_Attachment.docx	DOCX document	Jul 10, 2018

On GovTribe

Work with this file

Download the original file
Contacts named in this file
Similar government files
Ask GovTribe AI about this file

Try for free Login

Text version

The file's text, extracted by GovTribe without its formatting.

N6893618R0022

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Name:	Melinda Childs
Phone:	(760) 939- 1932
DSN:	437- 1932

Email address: melinda.childs@navy.mil

U.S. Postal Service Mailing Address:

COMMANDER

CODE 254230D (M. CHILDS – 760-939-1932)

NAVAIRWARCENWPNDIV

1 Administration Circle, MAIL STOP 1303

CHINA LAKE, CA 93555-6108

Direct Delivery Address (UPS, FedEx, etc.):

COMMANDER

CODE 254230D (M. CHILDS)

NAVAIRWARCENWPNDIV

BLDG 02334, MAIL STOP 1303

CHINA LAKE, CA 93555-6108

CONTRACTING OFFICER:

Name: Sierra Trepanier Phone: (760) 939-8958

DSN: 437-8958

Email address: sierra.trepanier@navy.mil

U.S. Postal Service Mailing Address:

COMMANDER

CODE 254130D (S. TREPANIER – 760-939-8958)

NAVAIRWARCENWPNDIV

1 Administration Circle, MAIL STOP 1303

CHINA LAKE, CA 93555-6108

Direct Delivery Address

COMMANDER

CODE 254130D (S. TREPANIER – 760-939-8958

NAVAIRWARCENWPNDIV

BLDG 02334, MAIL STOP 1303

CHINA LAKE, CA 93555-6108

Section B - Supplies or Services and Prices

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

AN/GYQ-79A CMBRE TEST SETS

FFP

Not To Exceed (NTE) sixty (60) AN/GYQ-79A Common Munitions IT/Reprogramming Equipment (CMBRE) test sets (P/N 30000112-3).

FOB: Destination

NSN: 66501000000829

PURCHASE REQUEST NUMBER: 1300684191

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

ADU-891(V)1//E Adaptor Units

NTE twenty-two (22) ADU-891(V)1/E Adaptor Units (P/N 305537-1) FOB: Destination

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Lot

Spares

NTE 1 LOT of Spares as detailed in Section J, Attachment 1.

FOB: Destination

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

ADU-891(v)3/E

NTE two (2) ADU-891(v)3/E Adaptor Units (P/N 305537-3) FOB: Destination

NET AMT

Section D - Packaging and Marking

5252.247-9508	PROHIBITED PACKING MATERIALS (NAVAIR)(JUN 1998)
	The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.

5252.247-9509	PRESERVATION, PACKAGING, PACKING AND MARKING (NAVAIR)(JUL 1998)
	(a) Preservation, packaging and packing shall conform to prevailing industry standards for the type of commodity purchased under this contract.
	(b) All packages will be clearly marked with applicable contract number/delivery order number, and will contain appropriate packing slip. All deliveries will be marked for and/or consigned as follows:

[Insert specific instructions]

(c) In the event of any discrepancy in material shipped (overage, technical rejection, damage), the contractor shall, immediately upon request of the Contracting Officer, furnish disposition instructions. Normally, such disposition instruction shall be a properly completed Commercial Bill of Lading, which includes, but is not limited to, the mode of shipment, routing, special handling, and so forth.

(d) If the contractor is required to install equipment upon delivery, then the contractor shall inform the Government of the date of shipment from the contractor's facilities and the anticipated date of arrival at the site. This report shall be made no later than the actual date that the shipment is made from the contractor’s facilities. The report may be made by facsimile or e-mail, to the point of contact listed in Section G. All transportation, rigging, drayage, packing, unpacking, and handling necessary to accomplish the installation shall be the responsibility of the contractor.

*To be completed at contract award.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN

INSPECT AT

INSPECT BY

ACCEPT AT

ACCEPT BY

0001

Destination

Government

Destination

Government

0002

Destination

Government

Destination

Government

0003

Destination

Government

Destination

Government

0004

Destination

Government

Destination

Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2

Inspection Of Supplies--Fixed Price

AUG 1996

52.246-16

Responsibility For Supplies

APR 1984

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN

DELIVERY DATE

QUANTITY

SHIP TO ADDRESS

DODAAC / CAGE

0001

POP 01-SEP-2018 TO

31-AUG-2019

N/A

CMBRE PROGRAM OFFICE

BRIAN LAU

NAWCWD 663600D, BLDG 00012, RM 135

1 ADMINISTRATION CIRCLE

CHINA LAKE CA 93555-6100

(760) 939-7829 FOB: Destination N68936

0002

POP 01-SEP-2018 TO

31-AUG-2019

N/A

(SAME AS PREVIOUS LOCATION)

N68936

0003

POP 01-SEP-2018 TO

31-AUG-2019

N/A

(SAME AS PREVIOUS LOCATION)

N68936

0004

POP 01-SEP-2018 TO

31-AUG-2019

N/A

(SAME AS PREVIOUS LOCATION)

N68936

52.242-15

Stop-Work Order

AUG 1989

52.247-34

F.O.B. Destination

NOV 1991

5252.216-9506	MINIMUM AND MAXIMUM QUANTITIES (NAVAIR)(MAR 1999)
	As referred to in paragraph (b) of FAR 52.216-22 " Indefinite Quantity" of this contract, the contract minimum quantity is 1 EACH; the maximum quantity is 60 EACH.

Section G - Contract Administration Data

252.204-7006

Billing Instructions

OCT 2005

252.232-7006	WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
	(a) Definitions, as used in this clause--
	"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
	"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
	"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
	(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
	(c) WAWF access. To access WAWF, the Contractor shall--
		(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
		(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
	(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/.
	(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
	(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
		(1) Document type. The Contractor shall use the following document type(s).

COMBO

(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.

N68936

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

Routing Data Table*
Field Name in WAWF		Data to be entered in WAWF
Pay Official DoDAAC:		HQ0339
Issue By DoDAAC:		N68936
Admin DoDAAC:		S0512A
Inspect By DoDAAC:		N68936
Ship To Code:			N68936
Ship From Code:		N/A
Mark For Code:		N/A
Service Approver (DoDAAC):	N/A
Service Acceptor (DoDAAC):	N/A
Accept at Other DoDAAC:	N/A
LPO DoDAAC:		N/A
DCAA Auditor DoDAAC:	N/A
Other DoDAAC(s):		N/A

(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.

billee.burchett@navy.mil

(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:Ian P. Patin, NAVAIR/NAWCWD, CODE 486N00D, CMBRE TPO LEAD, 760-939-7320
	(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.

5252.204-9503	EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007)
	(a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party might be considered to the extent permitted by law.
	(b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.

5252.242-9511	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:

None

PCO

(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

5252.211-9502	GOVERNMENT INSTALLATION WORK SCHEDULE (NAVAIR)(DEC 2014)
	(a) The Holidays applicable to this contract are: New Year's Day, Martin Luther King's Birthday, Presidents' Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day.
	(b) In the event that any of the above holidays occur on a Saturday or Sunday, or alternate Friday, then such holiday shall be observed as they are by the assigned Government employees at the using activity.
	(c) The Naval Air Warfare Center Weapons Division works a 4/5/9 work schedule. Therefore alternate Fridays are not a part of the normal workweek for work performed on-site at a Naval Air Warfare Center Weapons Division site. The majority of the Government offices are closed on alternate Fridays.
	(d) No deviation in the normal workweek will be permitted without express advance approval by the designated Contracting Officer with coordination of the using departments.

5252.211- 9510	CONTRACTOR EMPLOYEES (NAVAIR)(MAY 2011)
	(a) In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify themselves to avoid creating an impression to the public, agency officials, or Congress that such contractor personnel are Government officials. This can occur during meeting attendance, through written (letter or email) correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations where their contractor status is not obvious to third parties. This list is not exhaustive. Therefore, the contractor employee(s) shall:
		(1) Not by word or deed give the impression or appearance of being a Government employee;
		(2) Wear appropriate badges visible above the waist that identify them as contractor employees when in Government spaces, at a Government-sponsored event, or an event outside normal work spaces in support of the contract/order;
		(3) Clearly identify themselves as contractor employees in telephone conversations and in all formal and informal written and electronic correspondence. Identification shall include the name of the company for whom they work;
		(4) Identify themselves by name, their company name, if they are a subcontractor the name of the prime contractor their company is supporting, as well as the Government office they are supporting when participating in meetings, conferences, and other interactions in which all parties are not in daily contact with the individual contractor employee; and
		(5) Be able to provide, when asked, the full number of the contract/order under which they are performing, and the name of the Contracting Officer’s Representative.
	(b) If wearing a badge is a risk to safety and/or security, then an alternative means of identification maybe utilized if endorsed by the Contracting Officer’s Representative and approved by the Contracting Officer.
	(c) The Contracting Officer will make final determination of compliance with regulations with regard to proper identification of contractor employees.

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.

Section I - Contract Clauses

52.202-1

Definitions

NOV 2013

52.203-3

Gratuities

APR 1984

52.203-5

Covenant Against Contingent Fees

MAY 2014

52.203-6

Restrictions On Subcontractor Sales To The Government

SEP 2006

52.203-7

Anti-Kickback Procedures

MAY 2014

52.203-8

Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity

MAY 2014

52.203-10

Price Or Fee Adjustment For Illegal Or Improper Activity

MAY 2014

52.203-12

Limitation On Payments To Influence Certain Federal Transactions

OCT 2010

52.204-4

Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10

Reporting Executive Compensation and First-Tier Subcontract Awards

OCT 2016

52.209-6

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

OCT 2015

52.209-9

Updates of Publicly Available Information Regarding Responsibility Matters

JUL 2013

52.209-10

Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.210-1

Market Research

APR 2011

52.211-5

Material Requirements

AUG 2000

52.215-2

Audit and Records--Negotiation

OCT 2010

52.215-8

Order of Precedence--Uniform Contract Format

OCT 1997

52.215-10

Price Reduction for Defective Certified Cost or Pricing Data

AUG 2011

52.215-11

Price Reduction for Defective Certified Cost or Pricing Data--Modifications

AUG 2011

52.215-12

Subcontractor Certified Cost or Pricing Data

OCT 2010

52.215-14 Alt I

Integrity of Unit Prices (Oct 2010) - Alternate I

OCT 1997

52.215-15

Pension Adjustments and Asset Reversions

OCT 2010

52.215-17

Waiver of Facilities Capital Cost of Money

OCT 1997

52.215-18

Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions

JUL 2005

52.215-19

Notification of Ownership Changes

OCT 1997

52.215-21

Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

OCT 2010

52.215-23

Limitations on Pass-Through Charges

OCT 2009

52.219-8

Utilization of Small Business Concerns

NOV 2016

52.219-9

Small Business Subcontracting Plan

JAN 2017

52.222-3

Convict Labor

JUN 2003

52.222-19

Child Labor -- Cooperation with Authorities and Remedies

JAN 2018

52.222-20

Contracts for Materials, Supplies, Articles, and Equipment Exceeding $15,000

MAY 2014

52.222-21

Prohibition Of Segregated Facilities

APR 2015

52.222-26

Equal Opportunity

SEP 2016

52.222-35

Equal Opportunity for Veterans

OCT 2015

52.222-36

Equal Opportunity for Workers with Disabilities

JUL 2014

52.222-37

Employment Reports on Veterans

FEB 2016

52.222-40

Notification of Employee Rights Under the National Labor Relations Act

DEC 2010

52.222-50

Combating Trafficking in Persons

MAR 2015

52.222-54

Employment Eligibility Verification

OCT 2015

52.223-6

Drug-Free Workplace

MAY 2001

52.223-18

Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13

Restrictions on Certain Foreign Purchases

JUN 2008

52.227-1

Authorization and Consent

DEC 2007

52.227-2

Notice And Assistance Regarding Patent And Copyright Infringement

DEC 2007

52.229-4

Federal, State, And Local Taxes (State and Local Adjustments)

FEB 2013

52.230-2

Cost Accounting Standards

OCT 2015

52.232-1

Payments

APR 1984

52.232-8

Discounts For Prompt Payment

FEB 2002

52.232-9

Limitation On Withholding Of Payments

APR 1984

52.232-11

Extras

APR 1984

52.232-17

Interest

MAY 2014

52.232-23

Assignment Of Claims

MAY 2014

52.232-25

Prompt Payment

JAN 2017

52.232-33

Payment by Electronic Funds Transfer--System for Award Management

JUL 2013

52.232-39

Unenforceability of Unauthorized Obligations

JUN 2013

52.232-40

Providing Accelerated Payments to Small Business Subcontractors

DEC 2013

52.233-1

Disputes

MAY 2014

52.233-3

Protest After Award

AUG 1996

52.233-4

Applicable Law for Breach of Contract Claim

OCT 2004

52.242-13

Bankruptcy

JUL 1995

52.243-1 Alt V

Changes--Fixed-Price (Aug 1987) - Alternate V

APR 1984

52.244-5

Competition In Subcontracting

DEC 1996

52.244-6

Subcontracts for Commercial Items

NOV 2017

52.248-1

Value Engineering

OCT 2010

52.249-1

Termination For Convenience Of The Government (Fixed Price) (Short Form)

APR 1984

52.249-2

Termination For Convenience Of The Government (Fixed-Price)

APR 2012

52.249-8

Default (Fixed-Price Supply & Service)

APR 1984

52.249-9

Default (Fixed-Priced Research And Development)

APR 1984

52.253-1

Computer Generated Forms

JAN 1991

252.203-7000

Requirements Relating to Compensation of Former DoD Officials

SEP 2011

252.203-7001

Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies

DEC 2008

252.203-7002

Requirement to Inform Employees of Whistleblower Rights

SEP 2013

252.203-7004

Display of Hotline Posters

OCT 2016

252.204-7000

Disclosure Of Information

OCT 2016

252.204-7003

Control Of Government Personnel Work Product

APR 1992

252.204-7012

Safeguarding Covered Defense Information and Cyber Incident Reporting

OCT 2016

252.204-7015

Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

252.205-7000

Provision Of Information To Cooperative Agreement Holders

DEC 1991

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

252.211-7003

Item Unique Identification and Valuation

MAR 2016

252.211-7008

Use of Government-Assigned Serial Numbers

SEP 2010

252.215-7000

Pricing Adjustments

DEC 2012

252.215-7002

Cost Estimating System Requirements

DEC 2012

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

252.225-7048

Export-Controlled Items

JUN 2013

252.226-7001

Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

SEP 2004

252.231-7000

Supplemental Cost Principles

DEC 1991

252.232-7003

Electronic Submission of Payment Requests and Receiving Reports

JUN 2012

252.232-7009

Mandatory Payment by Governmentwide Commercial Purchase Card

DEC 2006

252.239-7001

Information Assurance Contractor Training and Certification

JAN 2008

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

252.246-7000

Material Inspection And Receiving Report

MAR 2008

252.246-7003

Notification of Potential Safety Issues

JUN 2013

252.247-7023

Transportation of Supplies by Sea

APR 2014

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.

52.216-19	ORDER LIMITATIONS (OCT 1995)
	(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
	(b) Maximum order. The Contractor is not obligated to honor--
		(1) Any order for a single item in excess of ;
		(2) Any order for a combination of items in excess of ; or
		(3) A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
	(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
	(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

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

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

Signature Date Signer’s Printed Name Signer’s Title

52.252-2	CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
	This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): https://www.acquisition.gov/far/ or http://farsite.hill.af.mil.

52.252-6	AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
	(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
	(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.216-7006	ORDERING (MAY 2011)
	(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from [________] through [________][insert dates].
	(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
	(c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.
		(2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.
		(3) Orders may be issued orally only if authorized in the schedule.

252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)-- BASIC (APR 2018)(DEV 2018-O0007)(DEC 2017) This clause supplements the Federal Acquisition Regulation 52.219-9, Small Business Subcontracting Plan, clause of this contract.

(a) Definition. "Summary Subcontract Report (SSR) Coordinator," as used in this clause, means the individual who is registered in the Electronic Subcontracting Reporting System (eSRS) at the Department of Defense (9700) and is responsible for acknowledging receipt or rejecting SSRs in eSRS for the Department of Defense.
(b) Subcontracts awarded to workshops approved by the Committee for Purchase from People Who are Blind or Severely Disabled (41 U.S.C. 8502-8504), may be counted toward the Contractor's small business subcontracting goal.
(c) A mentor firm, under the Pilot Mentor-Protege Program established under section 831 of Public Law 101-510, as amended, may count toward its small disadvantaged business goal, subcontracts awarded to--
	(1) Protege firms which are qualified organizations employing the severely disabled; and
	(2) Former protege firms that meet the criteria in section 831(g)(4) of Public Law 101-510.
(d) The master plan is approved by the Contractor's cognizant contract administration activity.
(e) In those subcontracting plans which specifically identify small businesses, the Contractor shall notify the Administrative Contracting Officer of any substitutions of firms that are not small business firms, for the small business firms specifically identified in the subcontracting plan. Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractor-specified formats shall be acceptable.
(f)(1) For DoD, the Contractor shall submit reports in eSRS as follows:
		(i) The Individual Subcontract Report (ISR) shall be submitted to the contracting officer at the procuring contracting office, even when contract administration has been delegated to the Defense Contract Management Agency.
		(ii) Submit the consolidated SSR for an individual subcontracting plan by selecting "Department of Defense (DoD)(9700)" from the top of the second dropdown menu in the Government agency in Block 7 ("Agency to which the report is being submitted"). The contractor shall not select anything lower.
	(2) For DoD, the authority to acknowledge receipt or reject reports in eSRS is as follows:
		(i) The authority to acknowledge receipt or reject the ISR resides with the contracting officer who receives it, as described in paragraph (f)(1)(i) of this clause.
		(ii) The authority to acknowledge receipt of or reject SSRs resides with the SSR Coordinator.

252.227-7013	RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (FEB 2014)
	(a) Definitions. As used in this clause:
		(1) “Computer data base” means a collection of data recorded in a form capable of being processed by a computer. The term does not include computer software.
		(2) “Computer program” means a set of instructions, rules, or routines recorded in a form that is capable of causing a computer to perform a specific operation or series of operations.
		(3) “Computer software” means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.
		(4) “Computer software documentation” means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.
		(5) “Covered Government support contractor” means a contractor (other than a litigation support contractor covered by 252.204-7014) under a contract, the primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Government's management and oversight of a program or effort (rather than to directly furnish an end item or service to accomplish a program or effort), provided that the contractor—
			(i) Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and
			(ii) Receives access to technical data or computer software for performance of a Government contract that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.
		(6) “Detailed manufacturing or process data” means technical data that describe the steps, sequences, and conditions of manufacturing, processing or assembly used by the manufacturer to produce an item or component or to perform a process.
		(7) “Developed” means that an item, component, or process exists and is workable. Thus, the item or component must have been constructed or the process practiced. Workability is generally established when the item, component, or process has been analyzed or tested sufficiently to demonstrate to reasonable people skilled in the applicable art that there is a high probability that it will operate as intended. Whether, how much, and what type of analysis or testing is required to establish workability depends on the nature of the item, component, or process, and the state of the art. To be considered “developed”, the item, component, or process need not be at the stage where it could be offered for sale or sold on the commercial market, nor must the item, component, or process be actually reduced to practice within the meaning of Title 35 of the United States Code.
		(8) “Developed exclusively at private expense” means development was accomplished entirely with costs charged to indirect cost pools, costs not allocated to a government contract, or any combination thereof.
			(i) Private expense determinations should be made at the lowest practicable level.
			(ii) Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceiling price of the contract, the additional development costs necessary to complete development shall not be considered when determining whether development was at government, private, or mixed expense.
		(9) “Developed exclusively with government funds” means development was not accomplished exclusively or partially at private expense.
		(10) “Developed with mixed funding” means development was accomplished partially with costs charged to indirect cost pools and/or costs not allocated to a government contract, and partially with costs charged directly to a government contract.
		(11) “Form, fit, and function data” means technical data that describes the required overall physical, functional, and performance characteristics (along with the qualification requirements, if applicable) of an item, component, or process to the extent necessary to permit identification of physically and functionally interchangeable items.
		(12) “Government purpose” means any activity in which the United States Government is a party, including cooperative agreements with international or multi-national defense organizations, or sales or transfers by the United States Government to foreign governments or international organizations. Government purposes include competitive procurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose technical data for commercial purposes or authorize others to do so.
		(13) “Government purpose rights” means the rights to--
			(i) Use, modify, reproduce, release, perform, display, or disclose technical data within the Government without restriction; and
			(ii) Release or disclose technical data outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose that data for United States government purposes.
		(14) “Limited rights” means the rights to use, modify, reproduce, release, perform, display, or disclose technical data, in whole or in part, within the Government. The Government may not, without the written permission of the party asserting limited rights, release or disclose the technical data outside the Government, use the technical data for manufacture, or authorize the technical data to be used by another party, except that the Government may reproduce, release, or disclose such data or authorize the use or reproduction of the data by persons outside the Government if--
			(i) The reproduction, release, disclosure, or use is--
				(A) Necessary for emergency repair and overhaul; or
				(B) A release or disclosure to--
					(1) A covered Government support contractor in performance of its covered Government support contract for use, modification, reproduction, performance, display, or release or disclosure to a person authorized to receive limited rights technical data; or
					(2) A foreign government, of technical data other than detailed manufacturing or process data, when use of such data by the foreign government is in the interest of the Government and is required for evaluational or informational purposes;
			(ii) The recipient of the technical data is subject to a prohibition on the further reproduction, release, disclosure, or use of the technical data; and
			(iii) The contractor or subcontractor asserting the restriction is notified of such reproduction, release, disclosure, or use.
		(15) “Technical data” means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.
		(16) “Unlimited rights” means rights to use, modify, reproduce, perform, display, release, or disclose technical data in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so.
	(b) Rights in technical data. The Contractor grants or shall obtain for the Government the following royalty free, world-wide, nonexclusive, irrevocable license rights in technical data other than computer software documentation (see the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause of this contract for rights in computer software documentation):
		(1) Unlimited rights. The Government shall have unlimited rights in technical data that are--
			(i) Data pertaining to an item, component, or process which has been or will be developed exclusively with Government funds;
			(ii) Studies, analyses, test data, or similar data produced for this contract, when the study, analysis, test, or similar work was specified as an element of performance;
			(iii) Created exclusively with Government funds in the performance of a contract that does not require the development, manufacture, construction, or production of items, components, or processes;
			(iv) Form, fit, and function data;
			(v) Necessary for installation, operation, maintenance, or training purposes (other than detailed manufacturing or process data);
			(vi) Corrections or changes to technical data furnished to the Contractor by the Government;
			(vii) Otherwise publicly available or have been released or disclosed by the Contractor or subcontractor without restrictions on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the technical data to another party or the sale or transfer of some or all of a business entity or its assets to another party;
			(viii) Data in which the Government has obtained unlimited rights under another Government contract or as a result of negotiations; or
			(ix) Data furnished to the Government, under this or any other Government contract or subcontract there under, with--
				(A) Government purpose license rights or limited rights and the restrictive condition(s) has/have expired; or
				(B) Government purpose rights and the Contractor's exclusive right to use such data for commercial purposes has expired.
		(2) Government purpose rights.
			(i) The Government shall have government purpose rights for a five-year period, or such other period as may be negotiated, in technical data--
				(A) That pertain to items, components, or processes developed with mixed funding except when the Government is entitled to unlimited rights in such data as provided in paragraphs (b)(1)(ii) and (b)(1)(iv) through (b)(1)(ix) of this clause; or
				(B) Created with mixed funding in the performance of a contract that does not require the development, manufacture, construction, or production of items, components, or processes.
			(ii) The five-year period, or such other period as may have been negotiated, shall commence upon execution of the contract, subcontract, letter contract (or similar contractual instrument), contract modification, or option exercise that required development of the items, components, or processes or creation of the data described in paragraph (b)(2)(i)(B) of this clause. Upon expiration of the five-year or other negotiated period, the Government shall have unlimited rights in the technical data.
			(iii) The Government shall not release or disclose technical data in which it has government purpose rights unless--
				(A) Prior to release or disclosure, the intended recipient is subject to the non-disclosure agreement at 227.7103-7 of the Defense Federal Acquisition Regulation Supplement (DFARS); or
				(B) The recipient is a Government contractor receiving access to the data for performance of a Government contract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.
			(iv) The Contractor has the exclusive right, including the right to license others, to use technical data in which the Government has obtained government purpose rights under this contract for any commercial purpose during the time period specified in the government purpose rights legend prescribed in paragraph (f)(2) of this clause.
		(3) Limited rights.
			(i) Except as provided in paragraphs (b)(1)(ii) and (b)(1)(iv) through (b)(1)(ix) of this clause, the Government shall have limited rights in technical data--
				(A) Pertaining to items, components, or processes developed exclusively at private expense and marked with the limited rights legend prescribed in paragraph (f) of this clause; or
				(B) Created exclusively at private expense in the performance of a contract that does not require the development, manufacture, construction, or production of items, components, or processes.
			(ii) The Government shall require a recipient of limited rights data for emergency repair or overhaul to destroy the data and all copies in its possession promptly following completion of the emergency repair/overhaul and to notify the Contractor that the data have been destroyed.
			(iii) The Contractor, its subcontractors, and suppliers are not required to provide the Government additional rights to use, modify, reproduce, release, perform, display, or disclose technical data furnished to the Government with limited rights. However, if the Government desires to obtain additional rights in technical data in which it has limited rights, the Contractor agrees to promptly enter into negotiations with the Contracting Officer to determine whether there are acceptable terms for transferring such rights. All technical data in which the Contractor has granted the Government additional rights shall be listed or described in a license agreement made part of the contract. The license shall enumerate the additional rights granted the Government in such data. *
			(iv) The Contractor acknowledges that--
				(A) Limited rights data is authorized to be released or disclosed to covered Government support contractors;
				(B) The Contractor will be notified of such release or disclosure;
				(C) The Contractor (or the party asserting restrictions as identified in the limited rights legend) may require each such covered Government support contractor to enter into a non-disclosure agreement directly with the Contractor (or the party asserting restrictions) regarding the covered Government support contractor's use of such data, or alternatively, that the Contractor (or party asserting restrictions) may waive in writing the requirement for a non-disclosure agreement; and
				(D) Any such non-disclosure agreement shall address the restrictions on the covered Government support contractor's use of the limited rights data as set forth in the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends. The non-disclosure agreement shall not include any additional terms and conditions unless mutually agreed to by the parties to the non-disclosure agreement.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it.