18R0058_Commercial_Solicitation.docx
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- Attached to
- Product Overflow Contract (POC) Federal contract opportunity
- Solicitation number
- N6893618R0058
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N6893618R0058 Commercial Solicitation
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N6893618R0058
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
| Name: | Melinda Milheim |
| Phone: | (760) 939-8197 |
| DSN: | 437-8197 |
| FAX: | (760) 939-8144 |
Email address: melinda.milheim@navy.mil
U.S. Postal Service Mailing Address:
| COMMANDER |
| CODE 254210D (M. Milheim – 760-939-8197) |
| NAVAIRWARCENWPNDIV |
| 429 E. BOWEN RD. MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
Direct Delivery Address (UPS, FedEx, etc.):
| COMMANDER |
| CODE 254210D (M. Milheim) |
| NAVAIRWARCENWPNDIV |
| BLDG 982, MAIL STOP 4015 |
| CHINA LAKE, CA 93555-6108 |
Ombudsman:
| Name: | * |
| Phone: | (760) 939- |
| DSN: | 437- |
| FAX: | (760) 939-8144 |
Email address:
* To be completed at award.
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 1 |
| Lot |
Product Overflow
FFP
The contractor shall provide manufactured products in accordance with the Statement of Work (SOW) shown in Section C and as specified on each Delivery Order (DO). The contract ordering period is five years, also referred to herein as a five year period of performance.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
PURCHASE REQUEST NUMBER: 1300691640
MAX
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
000101
Bulkhead, Forward
The contractor shall manufacture and deliver bulkheads in accordance with Attachment 000101.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
000102
Semi-Isentropic Air Inlet, 3 Inch
The contractor shall manufacture and deliver an semi-isentropic air inlet in accordance with Attachment 000102.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| AMOUNT |
| 0002 |
| Contract Data Requirements List (CDRL) |
NSP
The contractor shall provide data in accordance with Exhibit A. Pricing shall be included in the proposed amount for item 0001.
Section C - Descriptions and Specifications
STATEMENT OF WORK
Statement of Work (SOW) Product Overflow Contract (POC) May 25, 2018
1.0 SCOPE
The Naval Air Warfare Center Weapons Division (NAWCWD), China Lake, CA has a requirement for support of advanced technology products for the Applied Manufacturing Technology Division (AMTD). NAWCWD intends to procure various types of products, manufactured from several different materials, in different forms, shapes, sizes, and complexity. Such products will be procured for rapid delivery, ranging from single item requests to full production quantities, in support of on-going immediate response requirements. NAWCWD also intends to procure specialty services for rapid processing, ranging from heat treating of manufactured items, to painting and coating of manufactured items, and grinding services.
AMTD will provide the applicable data and specifications required for each requirement, through the issuance of individual Delivery Orders (DOs). Each DO will delineate all applicable design, material, and end-product or service requirements. The contractor shall provide supporting documentation and certification verifying compliance to applicable specification requirements, for each product delivered. It is the intent of the Government to award multiple contracts for these products. Contract awardees will be allowed a fair opportunity to compete for orders valued at greater than $10,000 under this requirement. The products procured herein will be separately ordered and priced on each individual DO. The goal of this procurement is to provide for rapid delivery of manufactured and commercial-off-the-shelf products and services related to weapon program support to NAWCWD and its customers.
Specific technology commodities that will be included under this contract include: Machining/Manufacturing of Hardware, Fabrication, Grinding Services, Core and Deep Hole Drilling, Heat Treating, and Additive Manufacturing.
2.0 APPLICABLE DOCUMENTS
Product/performance documents applicable for specific products will be delineated in each DO. These may include technical data packages, Computer Aided Design (CAD) models, drawings, manuals, and other descriptive materials. Applicable revisions shall be the version in effect at the time of DO issuance, unless otherwise specified in the DO.
2.1 Specifications and Standards:
ISO 9001:2008 Quality Management (or equivalent) E1A649 National Consensus Standard for Configuration Management
3.0 REQUIREMENTS
3.1 General
The contractor shall manufacture and/or deliver products and services in accordance with this SOW and the requirements set forth in each applicable DO. Products procured herein may vary from items requiring general manufacturing practices to a variety of state-of-the-art technologies, manufacturing sequences, and commercial-off-the-shelf items. This procurement may include: additive manufacturing, mold/die making, casting, machining (including: cutting, milling, turning and threading, drilling and tapping, reaming, honing, lapping, and broaching), forging, forming, injection molding, filament winding, resin transfer molding, spin forming, welding, fabrication and soldering, engraving/marking, grinding, heat treating, non-destructive inspection (NDI), sub-assembly fabrication, finishing/coating/painting/plating processes, and final assembly.
3.1.1 Using government-provided drawings, data files, and instructions, the contractor shall manufacture the products to the requirements delineated in each DO.
3.1.2 The drawings, data files, and instructions will be submitted via electronic mail. Therefore, the contractor shall be capable of accepting the information in this format.
3.1.3 The contractor shall maintain capability and/or access to sub-contract capability, to meet NAWCWD manufacturing technology commodity needs.
3.1.4 In addition to product definition documentation, DOs may contain other government supplied data to assist in responding to specific DOs. Such data may include work instructions, numerical control programs, fixture and tooling designs, inspection methodology descriptions, prototype documentation, and process plans.
3.2 Machining Resources
3.2.1 Machining and Manufacturing - The contractor shall provide overflow machining resources for the manufacturing of assorted hardware. Processes shall include precision machining of hardware to tolerances within .001 inch. The contractor shall be required to efficiently produce hardware utilizing CNC mills and lathes, as well as manual/conventional machine tools. Some products will require large capacity mills that are capable of accommodating parts in excess of 100 inches, and turning centers accommodating parts 48-inch diameter and larger, as defined on individual DOs.
3.2.2 Assembly - Manufactured components may require assembly to meet individual DO requirements. These components may be government furnished, produced, or acquired as commercial-off-the-shelf-items by the contractor depending on the individual DO requirements.
3.2.3 Finishing - Some products will require surface treatment, both for individual components and the completed item as an assembly. Surface treated components may be government furnished or acquired/produced by the Contractor depending on the individual DO requirements.
3.3 Additive Manufacturing
3.3.1 Additive Manufacturing - The contractor shall provide mechanical components constructed of various materials through application of additive manufacturing methods. Anticipated material requirements may include, but are not limited to, polymers and metal alloys. Additive Manufacturing methods utilized would include, but are not limited to, fused deposition modeling, laser sintering of powdered materials, direct write methods, and various 3D printing methods including emerging Additive Manufacturing technology.
3.3.2 Finishing - Some products will require thermal post-processing and/or machining operations to complete the product depending on the individual DO requirements.
3.4 Fabrication
3.4.1 Fabrication – The contractor shall provide overflow fabrication resources for the manufacturing of various hardware. Processes may include the fabrication of hardware to tolerances within .010 inches. The contractor will be required to efficiently produce hardware utilizing sheers, press brakes, punches and various other sheet metal forming tools to produce simple and complex aerospace hardware. Sub-components may be government furnished, produced, or acquired through Government directed sources by the contractor depending on the individual DO requirements.
3.4.2 Assembly - Manufactured components may require assembly to meet individual DO requirements. These components may be government furnished, produced, or acquired as commercial-off-the-shelf-items by the contractor depending on the individual DO requirements.
3.4.3 Finishing - Some products will require surface treatment, both for individual components and the completed item as an assembly. Surface treated components may be government furnished or acquired/produced by the contractor depending on the individual DO requirements.
3.5 Specialty Services
3.5.1 Grinding - The contractor shall provide grinding services for various manufactured hardware. Processes required per this contract include precision grinding of hardware to tolerances as close as .0001 inch. The contractor will be required to efficiently produce hardware utilizing Outside Diameter and Inside Diameter grinding machines, as well as surface grinders. Products may be government furnished, produced, or acquired as commercially available items by the contractor depending on the individual DO requirements.
3.5.2 Heat Treating – The contractor shall provide heat treating for the processing of various materials, including but not limited to: aluminum, carbon steel, stainless steel, and tool steel. Proper certifications shall be included with each process and supplied as required in each delivery order.
3.5.3 Drilling – The contractor shall provide core drilling and deep hole drilling as required for overflow manufacturing resources.
3.5.4 Assembly - Manufactured components may require assembly to meet individual DO requirements. These components may be government furnished, produced, or acquired as commercial-off-the-shelf-items by the contractor depending on the individual DO requirements.
3.5.3 Finishing – Some products will require surface treatment, both for individual components and the completed item as an assembly. Surface treated components may be government furnished or acquired/produced by the contractor depending on the individual DO requirements.
3.6 Engineering Requirements
The contractor shall provide engineering support for build to print product deliveries as defined in individual DOs. The contractor shall develop, prepare, review, and deliver waivers, and deviations, with trade-off considerations and recommendations, with supporting rationale, for government consideration. Such documents shall be in accordance with E1A649 National Consensus Standard for Configuration Management or equivalent. (CDRLs A001, A002, A008)
3.7 Quality Assurance Provisions
3.7.1 The contractor shall implement and maintain a Quality Control System that satisfies program objectives and meets the requirements of ISO 9001:2008 or equivalent model. All quality system procedures, planning, documentation, and data that comprise the quality system shall be made available to the Government for review. Existing quality documents that meet the requirements of this contract may be used, if approved by the Government. A copy of the contractor's Quality Control System shall be submitted to the Government as part of the proposal per Section L, and as annual updates in accordance with CDRL A003.
3.7.2 The Government will perform inspections, verifications, and evaluations to assess the effectiveness of the quality program implementation to include sub-contracted operations and suppliers. The subject assessment will include documentation review and site visits. The government process will be in conformance with ISO 9001:2008 requirements.
3.7.3 The contractor shall implement a corrective action and disposition system, as part of the Quality Control System, for identifying and reporting to the Government nonconforming material/products which do not meet individual DO requirements; segregating and controlling this material/product to prevent its unauthorized use or shipment; and identifying and correcting conditions which caused the nonconformance. Acceptance of nonconforming material is the sole prerogative of the Government.
3.7.4 Product verification inspection and test methods will be established by the Government to meet the requirements of individual DOs. The contractor shall prepare inspection and test records and reports that are complete, accurate, and include observations made and number and type of deficiencies. Inspection and test records shall be suitable for trend analysis and corrective action. All inspection and test records shall be maintained at the contractor’s facility for a period of 5 years from the final delivery date. The contractor shall submit inspection and test reports in accordance with CDRL A004.
3.7.5 All material sourcing must follow the Buy American Act, unless otherwise specified in individual delivery orders. The contractor shall provide all material and heat treat certificates as outlined in each delivery order.
3.8 First Article and Lot Acceptance Testing
First article and lot acceptance testing may be required as specified in individual DOs. First article and lot acceptance test reports shall be submitted in accordance with CDRLs A005 and A006.
3.9 Progress Reporting
Monthly Progress, Status, and Management Report - The contractor shall provide Monthly Progress Reports at the delivery order level outlining work accomplished, problems encountered, problems solved, trip report(s), items delivered, current schedules, estimated effort worked/remaining and price information. The report shall be submitted for each individual DO in accordance with CDRL A007.
3.10 Travel Requirements
Individual DOs may require the contractor to perform travel to support the effort.
4.0 DATA DELIVERABLES
4.1 Notice of Revision (A001)
4.2 Request for Deviation (A002)
4.3 Quality System Plan (A003)
4.4 Test/Inspection Report (A004)
4.5 First Article Test Report (A005)
4.6 Lot Acceptance Test Report (A006)
4.7 Contractor’s Progress, Status and Management Report (A007)
4.8 Engineering Change Proposal (A008)
5.0 OTHER
5.1 Security
In the case of an unclassified contract that requires no access to Classified Military Information (CMI), but that does require access to Controlled Unclassified Information (CUI), NAWCWD Restricted Areas, and/or Government IT systems, contractors are required to comply with non-NISP processing requirements before local access to CUI, Restricted Areas, and IT can be granted. This process shall be coordinated by the Contracting Officer’s Representative (COR) or Technical Point of Contact (TPOC) through the NAWCWD Industrial Security office.
For Official Use Only information generated and/or provided under this contract shall be marked and safeguarded as specified in DoDM 5200.01, Information Security Program Manual (Volume 4) available at http://www.dtic.mil/whs/directives/corres/pdf/520001_vol4.pdf . Contractor shall not store or transmit CUI on personal information technology systems or via personal e-mail. Unclassified e-mail containing any DoD CUI shall be encrypted. Prior to sending CUI to any non-Navy Marine Corps Internet (NMCI) addressees, the sender must first positively verify all recipients are authorized access to CUI and have need-to-know. Non-NMCI recipients must have a DoD compliant Private Key Infrastructure (PKI) certificate that enables electronic transmission via unclassified networks while protecting the CUI with a digital signature and encryption.
Operations Security (OPSEC):
The Contractor shall develop, implement, and maintain an OPSEC program to protect controlled unclassified activities, information, equipment, and material used or developed by the Contractor and any subcontractor during performance of the contract. The Contractor shall be responsible for the subcontractor implementation of the OPSEC requirements. The OPSEC program shall be in accordance with National Security Decision Directive (NSDD) 298, and at a minimum shall include:
1) Assignment of responsibility for OPSEC direction and implementation.
2) Issuance of procedures and planning guidance for the use of OPSEC techniques to identify vulnerabilities and apply applicable countermeasures.
3) Establishment of OPSEC education and awareness training.
4) Provisions for management, annual review, and evaluation of OPSEC programs.
5) Flow down of OPSEC requirements to subcontractors when applicable.
5.2 Delivery of Products
The contractor shall be responsible for packaging and shipping of all products by best commercial practice, with delivery of all products to NAWCWD-CL and NAWCWD-PM AMTD as follows:
China Lake Address:
NAWCWD China Lake 1900 N Knox Rd Bldg 5, Room 100D China Lake, CA 93555 Attn: (Government Representative and phone number) Michelson Lab, West Gate
Pt Mugu Address:
NAWCWD Pt Mugu 475200E Attn: (Ordering Officer/End User) Ronald Reagan Blvd, B-3012 575 “I” Avenue, Suite 1 Pt Mugu CA 93042-5049
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. |
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 |
| 000101 |
| N/A |
| N/A |
| N/A |
| N/A |
| 000102 |
| N/A |
| N/A |
| N/A |
| N/A |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-4 |
| Inspection Of Services--Fixed Price |
| AUG 1996 |
| 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 |
| POP 07-JAN-2019 TO |
06-JAN-2024
| N/A |
| CDR NAWCWD CODE 475600D |
AMBER RICHARDS
1900 N. KNOX BLDG. 5, ROOM 100D
CHINA LAKE CA 93555
(760) 939-7217
N68936
| 000101 |
| N/A |
| N/A |
| N/A |
| N/A |
| 000102 |
| N/A |
| N/A |
| N/A |
| N/A |
| 0002 |
| POP 07-JAN-2019 TO |
06-JAN-2024
| N/A |
| CDR NAWCWD CODE 475600D |
AMBER RICHARDS
1900 N. KNOX BLDG. 5, ROOM 100D
CHINA LAKE CA 93555
(760) 939-7217
N68936
| 52.211-17 |
| Delivery of Excess Quantities |
| SEP 1989 |
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
Section G - Contract Administration Data
| 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. |
| 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:___________________________________________________ |
| G-TXT-02 | PAYMENT BY GOVERNMENT PURCHASE CARD (AUG 2015) |
| This order will be paid with a Government Purchase Card. | |
| Please contact * at * for Government Purchase Card Instructions. | |
| The Government Purchase Card may not be billed until the merchandise has been received. | |
| The Point of Contact above must be notified each time the card is billed. |
*To be completed at time of award.
| G-TXT-03 | CONTRACTOR ACCESS TO NAVAL AIR WARFARE CENTER WEAPONS DIVISION CHINA LAKE |
| Contractors requiring access to the Naval Air Warfare Center Weapons Division China Lake are required to enroll with RAPIDGate or obtain a day pass from the Pass and ID Office. The Government will not be responsible for work delays or work stoppages due to failure to comply with these access requirements. Questions should be directed to Tina Todd at (760)939-3154. |
| G-TXT-04 | APPOINTMENT OF ORDERING OFFICER(S) (APR 2002) |
| (a) The following activity(ies) or individual(s) is/are designated as authorized Ordering Officer(s): * * | |
| (b) The above activity(ies) or individual(s) is/are responsible for issuing and administering any orders placed hereunder. Ordering Officers may negotiate revisions/modifications to orders, but only within the scope of this contract. Ordering Officers have no authority to modify any provision of this basic contract. Any deviation from the terms of the basic contract must be submitted to the Procuring Contracting Officer (PCO) for contractual action. Ordering Officers may enter into mutual no-cost cancellations of orders under this contract and may reduce the scope of orders/tasks, but Terminations for Convenience or Terminations for Default shall be issued only by the PCO. |
*To be completed at time of award.
Section H - Special Contract Requirements
ORDERING PROCEDURES
INTRODUCTION
The Government intends to allow all contract holders a fair opportunity to compete for orders under this requirement. Orders estimated at greater than $10,000.00 will be competed among contract holders. For purposes of this requirement, order is defined as the total estimated value of an entire order, and not individual line items or single unit price.
REQUEST FOR QUOTE (RFQ)
The Ordering Officer designated under the contracts will issue a request for quotation, via electronic mail.
This request will include:
a. RFQ # and or PLAN#
b. Item(s) description
c. Quantity
d. Delivery date
e. Delivery point
f. Specifications and other documents, if necessary
g. Certifications requirements, if necessary
h. Quotation submission deadline (date and time)
i. Evaluation and award procedures
CONTRACTOR’S QUOTE
The contractor’s quote shall include, as a minimum:
a. Unit price
b. Total order price, including shipping
c. Proposed delivery date
d. Origin of proposed materials
e. Other information as delineated in each RFQ
f. If subcontracting is contemplated, the quote shall include:
1. Name, address of subcontractor
2. Business size (Reference FAR 19.102). If subcontractor is a small business, include any additional small business subcategories which the subcontractor represents
3. NAICS Code for work or items provided by subcontractor
4. Price
5. Percent of work to be performed by the subcontractor
CLARIFICATIONS
Offerors may request the Ordering Officer to provide clarification of technical and delivery requirements; however, questions and answers may be shared with all prospective contractors. Proprietary information will be protected, providing the offeror clearly identifies which data are proprietary and the Government agrees with the determination.
LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWL OF OFFERS
Quotes received after the deadline as specified in the RFQ are “late” and will not be considered unless it is the only offer received. Offerors may request that the Ordering Officer extend the deadline. If an extension is granted, all contractors who received the RFQ will be notified of the extension. Modifications and revisions must be received prior to the deadline date in order to be considered; however, modifications of an otherwise successful quote that make its terms more favorable to the Government will be considered at any time it is received and may be accepted. Revised offers may be withdrawn by written notice (email is acceptable) at any time before the exact time set for receipt of offers.
NO BID/NON INTEREST
Offerors are encouraged to indicate no-interest on RFQs issued by the Government. Frequent no-bid, no interest, or non-responsiveness by any contract holder may result in termination for convenience.
DELIVERIES
Delivery times are considered critical. On-time and late deliveries will be tracked for all contractors.
Consideration to revise the delivery date may be proposed by vendors but must be of value to the Government. (Suggestions include free/expedited shipping, product discount, additional product, invoice reduction, etc.) Collection of consideration for late delivery will result in a modification to the Order. The scheduled delivery date will be changed to reflect the actual delivery date and Past Performance will NOT be impacted negatively. The Ordering Officer will notify the Contracting Officer of any contractor who is consistently late in making deliveries. This may result in the Contracting Officer making a determination on a case-by-case basis that the contractor is excluded from competition on future orders.
EVALUATION/AWARD
Evaluation and award procedures for Delivery Orders placed during the ordering period of the contract will be tailored to each acquisition and will typically be issued either on the basis of price alone or with consideration of price and other factors (trade-off) as shown below. The evaluation and award procedures to be followed for each order will be indicated in the individual RFQs.
1. Low Price Technically Acceptable Evaluation the Government may issue an order resulting from the RFQ to the lowest price offeror with satisfactory past performance whose offer conforms to the RFQ.
2. Tradeoff The Government may issue an order resulting from the RFQ to the offeror whose offer conforming to the RFQ will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
a. Technical (proposing to supply the requested materials and any required certifications).
b. Delivery Date
c. Past Performance
d. Price The Government will conduct evaluation of quotes. The Government will select the quotation that offers the greatest value to the Government. Notification will be given only to the successful offeror.
ORDERS UP TO $10,000.00
Orders estimated to be valued at $10,000 or less may be issued without a RFQ and issued to any contract awardee at the discretion of the Ordering Officer. However, the Government reserves the right to request a quote from any or all contract awardees.
ORDERS BETWEEN $10,000.00 AND $25,000.00
Orders estimated to be valued over $10,000.00 but less than $25,000.00 will be compteted using the procedures described herein. The resulting order will be issued by the Ordering Officer.
ORDERS GREATER THAN $25,000.00
Orders that are estimated to exceed $25,000.00 will be competed using the procedures described herein; however, any ensuing orders will be issued on a SF 1449 by the Contracting Officer.
MODIFICATIONS TO PROCEDURES
These procedures may only be modified by mutual agreement of the Contracting Officer and each contract holder.
| 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 |
| 52.203-6 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 |
| 52.203-19 |
| Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements |
| JAN 2017 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2016 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 52.204-22 |
| Alternative Line Item Proposal |
| JAN 2017 |
| 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 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| JAN 2017 |
| 52.219-6 |
| Notice Of Total Small Business Set-Aside |
| NOV 2011 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| NOV 2016 |
| 52.219-14 |
| Limitations On Subcontracting |
| JAN 2017 |
| 52.219-28 |
| Post-Award Small Business Program Rerepresentation |
| JUL 2013 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| JAN 2018 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| APR 2015 |
| 52.222-26 (Dev) |
| Equal Opportunity (Deviation 2017-O0008) |
| SEP 2017 |
| 52.222-35 (Dev) |
| Equal Opportunity for Veterans (Deviation 2017-O0008) |
| SEP 2017 |
| 52.222-36 (Dev) |
| Equal Opportunity for Workers with Disabilites (Deviation 2017-O0008) |
| SEP 2017 |
| 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 |
| 52.223-11 |
| 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 |
| 52.227-1 |
| Authorization and Consent |
| DEC 2007 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| DEC 2007 |
| 52.232-36 |
| Payment by Third Party |
| MAY 2014 |
| 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 |
| 52.253-1 |
| 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 |
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| OCT 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 |
| 252.222-7006 |
| Restrictions on the Use of Mandatory Arbitration Agreements |
| DEC 2010 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2017 |
| 252.225-7013 |
| Duty-Free Entry--Basic (May 2016) |
| MAY 2016 |
| 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 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
| 252.247-7024 |
| Notification Of Transportation Of Supplies By Sea |
| MAR 2000 |
| 52.212-5 | CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (DEVIATION 2013-O0019)(JAN 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 clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-- | |||
| (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015)(41 U.S.C. 3509). | |||
| (ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016)(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. | |||
| (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). Flow down required in accordance with paragraph (1) of FAR Clause 52.222-17. | |||
| (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). | |||
| (v) 52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246). | |||
| (vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212). | |||
| (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793). | |||
| (viii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017)(E.O. 13706). | |||
| (ix) 52.222-37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212). | |||
| (x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010)(E.O. 13496). Flow down required in accordance with paragraph (f) of clause 52.222-40. | |||
| (xi) 52.222-41, Service Contract Labor Standards (May 2014)(41 U.S.C. Chapter 67). | |||
| (xii)[ ](A) 52.222-50, Combating Trafficking in Persons (Mar 2015)(22 U.S.C. chapter 78 and E.O. 13627). | |||
| [ ](B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 78 and E.O. 13627). | |||
| (xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standard to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. Chapter 67). | |||
| (xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standard to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. Chapter 67). | |||
| (xv) 52.222-54, Employment Eligibility Verification (Oct 2015). | |||
| (xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015)(E.O. 13658). | |||
| (xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). | |||
| (xviii)(A) 52.224-3, Privacy Training (Jan 2017)(5 U.S.C. 552a) | |||
| (B) Alternate I (Jan 2017) of 52.224-3. | |||
| (xix) 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). | |||
| (xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)(42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. | |||
| (xxi) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. | |||
| (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. |
| 52.216-19 | ORDER LIMITATIONS (OCT 1995) | |
| (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500 , 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 $250,000 ; | ||
| (2) Any order for a combination of items in excess of $500,000 ; or | ||
| (3) A series of orders from the same ordering office within 7 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. |
| 52.216-22 | INDEFINITE QUANTITY (OCT 1995) |
| (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. | |
| (b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum." | |
| (c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations. | |
| (d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 30 days after the ordering period ends. |
Addendum to FAR 52.216-22 The maximum combined value of all orders issued under the awarded contracts for solicitation N6893618R0058 shall not exceed $11,500,000. The minimum guarantee under this contract is $_*__, satisfied by the initial order.
* To be completed at time of award
| 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. |
| 252.211-7003 | 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. |
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