18R0061_Commercial_Solicitation.docx

DOCX document 122 KB Posted Jul 9, 2018

Attached to: Fortinet 5001D ATCA Firewall Federal contract opportunity
Solicitation number: N6893618R0061
Issued by: Department of the Navy Naval Air Systems Command Naval Air Warfare Center

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N6893618R0061 Commercial Solicitation

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N6893618R0061

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Name: Kelly Reason-Williams Phone: (805) 989-8514

DSN:	351-8514
FAX:	(805) 989-1613

Email address: kelly.reason-william@navy.mil

Name:	Candice Gonzalez
Phone:	(805) 989- 5066
DSN:	351- 5066
FAX:	(805) 989- 5294

Email address: candice.gonzalez@navy.mil

U.S Postal Service Mailing Address:

COMMANDER

CODE 254300E (K. REASON-WILLIAMS - 805-989-8514)

NAVAIRWARCENWPNDIV

575 "I" AVE SUITE 1, BLDG 65

POINT MUGU, CA 93042-5049

Direct Delivery Address (UPS, FedEx, etc):

BRIAN HILL

NAWCWD COLLABORATION EW BRANCH

CODE 25P400E

BLDG 232, RM 236

POINT MUGU, CA 93042

Questions pertaining to the RFQ shall be submitted no later than 3:00PM Pacific Time 3 business days after the solicitation is posted. Questions shall be submitted by email to candice.gonzalez@navy.mil with the RFQ number as the subject line.

Note: The Government will not provide financin for the awarded contract.

Section B - Supplies or Services and Prices

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

FORTINET:FG-5001D-USG

FFP

FortiGate 5001D ATCA module-Firewall (Firewall/VPN only) FOB: Destination

NSN: 66401000000827

PURCHASE REQUEST NUMBER: 1300704201

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

FORTINET: FC-10-50018-311-02-60

5 Year 8x5 maintenance and support FOB: Destination

NET AMT

ITEM NO

SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

Each

FORTINET: FC-10-90004-301-02-12

Secure RMA 1 yr FOB: Destination

NET AMT

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN

INSPECT AT

INSPECT BY

ACCEPT AT

ACCEPT BY

0001

Destination

Government

Destination

Government

0002

Destination

Government

Destination

Government

0003

Destination

Government

Destination

Government

CLAUSES INCORPORATED BY REFERENCE

52.246-16

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

10 dys. ADC

NAWCWD COLLAB EW BRANCH CODE 45P400E

BRIAN HILL

BLDG 323, RM 236

PT MUGU CA 93042

(805) 612-4768 FOB: Destination N63126

0002

10 dys. ADC

(SAME AS PREVIOUS LOCATION)

N63126

0003

10 dys. ADC

(SAME AS PREVIOUS LOCATION)

N63126

52.247-34

F.O.B. Destination

NOV 1991

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
	(Contracting Officer: Insert inspection and acceptance locations or "Not applicable.")
		(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*
Field Name in WAWF			Data to be entered in WAWF
Pay Official DoDAAC:			N64141
Issue By DoDAAC:			N68936
Admin DoDAAC:			N68936
Inspect By DoDAAC:			"Leave Blank"
Ship To Code:				N68936
Ship From Code:			"Leave Blank"
Mark For Code:			"Leave Blank"
Service Approver (DoDAAC):		"Leave Blank"
Service Acceptor (DoDAAC):		"Leave Blank"
Accept at Other DoDAAC:		"Leave Blank"
LPO DoDAAC:			"Leave Blank"
DCAA Auditor DoDAAC:		"Leave Blank"
Other DoDAAC(s):			"Leave Blank"
	(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.

POC:____________________________________________________________________________

ALT POC:____________________________________________________________________________

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

G-TXT-0001 PAYMENT INSTRUCTIONS (FEB 2018)

Note: Payment Clause 52.212-4(Alt I) Contract Terms and Conditions—Commercial Items applies to this contract.

FOR GOVERNMENT USE ONLY

Contract/Order Payment Clause

Type of Payment Request

Supply

Service

Construction

Payment Office

Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions—Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts

Cost Voucher

N/A

Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-1, Payments

Navy Shipbuilding Invoice (Fixed Price)

N/A

Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-1, Payments;

52.232-2, Payments under Fixed-Price Research and Development Contracts;

52.232-3, Payments under Personal Services Contracts;

52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers

Invoice

N/A

Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-5, Payments Under Fixed-Price Construction Contracts

Construction Payment Invoice

N/A

52.232-16, Progress Payments

Progress Payment*

N/A

Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress Payments are considered contract level financing, and the “contract price” shall reflect the fixed price portion of the contract per FAR 32.501-3.

52.232-29, Terms for Financing of Purchases of Commercial Items;

52.232-30, Installment Payments for Commercial Items

Commercial Item Financing*

N/A

Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).

52.232-32, Performance-Based Payments

Performance-Based Payments*

N/A

252.232-7002, Progress Payments for Foreign Military Sales Acquisitions

Progress Payment*

N/A

Allocate costs among line items and countries in a manner acceptable to the Administrative Contracting Officer.

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).

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 Alt I

Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I

OCT 1995

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

52.204-13

System for Award Management Maintenance

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

52.209-10

Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.212-4

Contract Terms and Conditions--Commercial Items

JAN 2017

52.222-3

Convict Labor

JUN 2003

52.222-19

Child Labor -- Cooperation with Authorities and Remedies

JAN 2018

52.222-44

Fair Labor Standards And Service Contract Labor Standards- Price Adjustment

MAY 2014

52.222-50

Combating Trafficking in Persons

MAR 2015

52.223-16

Acquisition of EPEAT (R) - Registered Personal Computer Products

OCT 2015

52.223-18

Encouraging Contractor Policies To Ban Text Messaging While Driving

AUG 2011

52.225-13

Restrictions on Certain Foreign Purchases

JUN 2008

52.232-33

Payment by Electronic Funds Transfer--System for Award Management

JUL 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

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

252.211-7008

Use of Government-Assigned Serial Numbers

SEP 2010

252.223-7008

Prohibition of Hexavalent Chromium

JUN 2013

252.225-7012

Preference For Certain Domestic Commodities

DEC 2017

252.225-7013

Duty-Free Entry--Basic

MAY 2016

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

252.244-7000

Subcontracts for Commercial Items

JUN 2013

252.247-7023

Transportation of Supplies by Sea

APR 2014

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)[ x ](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.

52.219-4	NOTICE OF PRICE EVALUATION FOR HUBZONE SMALL BUSINESS CONCERNS (OCT 2014)
	(a) Definition. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).
	(b) Evaluation preference.
		(1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except-
			(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
			(ii) Otherwise successful offers from small business concerns.
		(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.
		(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.
	(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraph (d) of this clause do not apply if the offeror has waived the evaluation preference.
		[ ] Offer elects to waive the evaluation preference.
	(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for
		(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;
		(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;
		(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;
			(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;
			(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or
		(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;
			(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;
			(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.
	(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.
	(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.
		(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.
		(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.
	(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

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.

252.204-7014	LIMITATIONS ON THE USE OR DISCLOSURE OF INFORMATION BY LITIGATION SUPPORT CONTRACTORS (MAY 2016)
	(a) Definitions. As used in this clause:
	"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.
	"Litigation information" means any information, including sensitive information, that is furnished to the contractor by or on behalf of the Government, or that is generated or obtained by the contractor in the performance of litigation support under a contract. The term does not include information this is lawfully, publicly available without restriction, including information contained in a publicly available solicitation.
	"Litigation support" means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation.
	"Litigation support contractor" means a contractor (including its experts, technical consultants, subcontractors, and suppliers) providing litigation support under a contract that contains this clause.
	"Sensitive information" means controller unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction.
	"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.
	(b) Limitations on use or disclosure of litigation information. Notwithstanding any other provision of this contract, the Contractor shall --
		(1) Access and use litigation information only for the purpose of providing litigation support under this contract;
		(2) Not disclose litigation information to any entity outside the Contractor's organization unless, prior to such disclosure the Contracting Officer has provided written consent to such disclosure;
		(3) Take all precautions necessary to prevent unauthorized disclosure of litigation information;
		(4) Not use litigation information to compete against a third party for Government or nongovernment contracts; and
		(5) Upon completion of the authorized litigation support activities, destroy or return to the Government at the request of the Contracting Officer all litigation information in its possession.
	(c) Violation of paragraph (b)(1), (b)(2), (b)(3), (b)(4), or (b)(5) of this clause is basis for the Government to terminate this contract.
	(d) Indemnification and creation of third party beneficiary rights. The Contractor agrees --
		(1) To indemnify and hold harmless the Government, its agents, and employees from any claim or liability, including attorney's fees, court costs, and expenses, arising out of, or in any way related to, the misuse or unauthorized modification, reproduction, release, performance, display, or disclosure of any litigation information; and
		(2) That any third party holding proprietary rights or any other legally protectable interest in any litigation information, in addition to any other rights it may have, is a third party beneficiary under this contract who shall have a right of direct action against the Contractor, and against any person to whom the Contractor has released or disclosed such data or software, for the unauthorized duplication, release, or disclosure of such information.
	(e) Contractor employees. The Contractor shall ensure that its employees are subject to use and nondisclosure obligations consistent with this clause prior to the employees being provided access to or use of any litigation information covered by this clause.
	(f) Flowdown. Include the substance of this clause, including this paragraph(e), in all subcontracts, including subcontracts for commercial items.

252.204-7015	NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT (MAY 2016)
	(a) Definitions. As used in this clause--
	"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.
	"Litigation support" means administrative, technical, or professional services provided in support of the Government during or in anticipation of litigation.
	"Litigation support contractor" means a contractor (including an experts, technical consultants, subcontractors, and suppliers) providing litigation support under a contract that contains the clause at 252.204-7014, Limitations on the Use or Disclosure of Information by Litigation Support Contractors.
	"Sensitive information" means controlled unclassified information of a commercial, financial, proprietary, or privileged nature. The term includes technical data and computer software, but does not include information that is lawfully, publicly available without restriction.
	"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.
	(b) Notice of authorized disclosures. Notwithstanding any other provision of this solicitation or contract, the Government may disclose to a litigation support contractor, for the sole purpose of litigation support activities, any information, including sensitive information, received -
		(1) Within or in connection with a quotation or offer; or
		(2) In performance of or in connection with a contract.
	(c) Flowdown. Include the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for commercial items.

252.211-7003	ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)
	(a) Definitions. As used in this clause--
	“Automatic identification device” means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
	“Concatenated unique item identifier” means--
		(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
		(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.
	“Data matrix” means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200(ECC200) specification found within International Standards Organization (ISO)/ International Electrotechnical Commission (IEC) 16022.
	“Data qualifier” means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
	“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.
	“DoD item unique identification” means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
	“Enterprise” means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
	“Enterprise identifier” means a code that is uniquely assigned to an enterprise by an issuing agency.
	“Government's unit acquisition cost” means--
		(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
		(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery; and
		(3) For items produced under a time-and-materials contract, the Contractor’s estimated fully burdened unit cost to the Government at the time of delivery.
	“Issuing agency” means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.
	“Issuing agency code” means a code that designates the registration (or controlling) authority for the enterprise identifier.
	“Item” means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
	“Lot or batch number” means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
	“Machine-readable” means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
	“Original part number” means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
	“Parent item” means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
	“Serial number within the enterprise identifier” means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
	“Serial number within the part, lot, or batch number” means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
	“Serialization within the enterprise identifier” means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
	“Serialization within the part, lot, or batch number” means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
	“Type designation” means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.
	“Unique item identifier” means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
	“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.
	(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
	(c) Unique item identifier.
		(1) The Contractor shall provide a unique item identifier for the following:
			(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:
				Contract Line, Subline, or Exhibit Line Item Number Item Description
				________________________________________________________________________________
				________________________________________________________________________________
				________________________________________________________________________________
			(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:
				Contract Line, Subline, or Exhibit Line Item Number Item Description
				__________________________________________________________________________________
				__________________________________________________________________________________
				__________________________________________________________________________________
					(If items as identified in the Schedule, insert "See Schedule" in this table.)
			(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ______.
			(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ______.
			(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identified for traceability.
		(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.
		(3) The unique item identified component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology - International symbology specification - Data matrix; ECC200 data matrix specification.
		(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--
			(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
				(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
				(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
				(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and
			(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology--Transfer Syntax for High Capacity Automatic Data Capture Media.
		(5) Unique item identifier.
			(i) The Contractor shall--
				(A) Determine whether to--
					(1) Serialize within the enterprise identifier;
					(2) Serialize within the part, lot, or batch number; or
					(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and
				(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;
				(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and
				(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.
			(ii) The issuing agency code--
				(A) Shall not be placed on the item; and
				(B) Shall be derived from the data qualifier for the enterprise identifier.
	(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, either as part of the Material Inspection and Receiving Report, the following information:
		(1) Unique item identifier.
		(2) Unique item identifier type.
		(3) Issuing agency code (if concatenated unique item identifier is used).
		(4) Enterprise identifier (if concatenated unique item identifier is used).
		(5) Original part number (if there is serialization within the original part number).
		(6) Lot or batch number (if there is serialization within the lot or batch number).
		(7) Current part number (optional and only if not the same as the original part number).
		(8) Current part number effective date (optional and only if current part number is used).
		(9) Serial number (if concatenated unique item identifier is used).
		(10) Government's unit acquisition cost.
		(11) Unit of measure.
		(12) Type designation of the item as specified in the contract schedule, if any.
		(13) Whether the item is an item of Special Tooling or Special Test Equipment.
		(14) Whether the item is covered by a warranty.
	(e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:
		(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.
		(2) Unique item identifier of the embedded subassembly, component, or part.
		(3) Unique item identifier type.**
		(4) Issuing agency code (if concatenated unique item identifier is used).**
		(5) Enterprise identifier (if concatenated unique item identifier is used).**
		(6) Original part number (if there is serialization within the original part number).**
		(7) Lot or batch number (if there is serialization within the lot or batch number).**
		(8) Current part number (optional and only if not the same as the original part number).**
		(9) Current part number effective date (optional and only if current part number is used).**
		(10) Serial number (if concatenated unique item identifier is used).**
		(11) Description.
			** Once per item.
	(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
		(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.
		(2) Embedded items shall be reported by one of the following methods--
			(i) Use of the embedded items capability in WAWF;
			(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or
			(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) _____, Unique Item Identified Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
	(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.

252.225-7048

EXPORT CONTROLLED ITEMS (JUN 2013)

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