19Q0033_Commercial_Solicitation.docx
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- Automated reaction calorimeter Federal contract opportunity
- Solicitation number
- N6893619Q0033
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N6893619Q0033 Commercial Solicitation
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N6893619Q0033
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
Name: Patrick Popescu Phone: (760) 939- 1132
DSN: 437- 1132
Email address: patrick.popescu@navy.mil
U.S. Postal Service Mailing Address:
COMMANDER
CODE 254230D (P. POPESCU – 760-939-1132)
NAVAIRWARCENWPNDIV
1 Administration Circle, MAIL STOP 1303
CHINA LAKE, CA 93555-6108
Direct Delivery Address (UPS, FedEx, etc.):
COMMANDER
CODE 254230D (P. POPESCU)
NAVAIRWARCENWPNDIV
BLDG 02334, MAIL STOP 1303
CHINA LAKE, CA 93555-6108
CONTRACTING OFFICER:
Name: Agapito Santana Phone: (760) 939-2866
DSN: 437-2866
Email address: agapito.santana@navy.mil
U.S. Postal Service Mailing Address:
COMMANDER
CODE 254130D (A. SANTANA – 760-939-2866)
NAVAIRWARCENWPNDIV
1 Administration Circle, MAIL STOP 1303
CHINA LAKE, CA 93555-6108
Direct Delivery Address
COMMANDER
CODE 254130D (A. SANTANA – 760-939-2866
NAVAIRWARCENWPNDIV
BLDG 02334, MAIL STOP 1303
CHINA LAKE, CA 93555-6108
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
Automated Reaction Calorimeter
FFP
To be provided in accordance with the Statement of Work, Section C.
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
NET AMT
Section C - Descriptions and Specifications
STATEMENT OF WORK
STATEMENT OF WORK
Large Scale Calorimeter 25 October 2018
1.0 BACKGROUND
The Energetic Materials Research and Processing department of the Naval Air Warfare Center Weapons Division (NAWCWD) requires an update to the current chemical pilot plant in order to improve process safety and increase the scope of NAWCWD’s capabilities to produce fine chemicals and explosives. The laboratory update will provide NAWCWD with the capability to safely support the warfighter by making energetic chemicals as needed. This includes the ability to transition research discoveries from material readiness level 1 through material readiness level 8/9.
1.1 Scope
This requirement is for modern reaction calorimeters which are used by industry to both improve process efficiency and process safety. These devices are routinely used by industry to map chemical kinetics. This is done to both improve process yields and safety. The same devices map heat flow in chemical reactions. While this data is useful for improving chemical processes, it is vital for calculating safety margins. The proposed solution will provide reaction calorimetry capability at the sub-pilot scale.
2.0 APPLICABLE DOCUMENTS
System Engineering Plan: Chemical Pilot Plant Modernization CIP FY2019, Revision A, 12 September 2018.
3.0 REQUIREMENTS
The contractor shall provide an automated reaction calorimeter, meeting all the requirements and specifications detailed in the following sections. The system shall be compatible with certain equipment previously purchased by NAWCWD, as specified in the following sections; that equipment includes a Mettler-Toledo (MT) Focused Beam Reflectance Measurement Probe (FBRM) and a MT ParticleView Microscope (PVM) probe.
3.1 Automated Reactor
The contractor shall provide, as part of the automated reaction calorimeter system, an automated batch chemical reactor. This reactor shall be of a design and configuration to react reagents, and provide heat transfer to process fluid.
3.1.1 Capacity
The reactor shall have a nominal volume of 18 L. The reactor shall also include an agitator and motor.
3.1.2 Materials of Construction
The materials of construction for wetted surfaces should be compatible with reagents and solvents common to the direct nitration of polyols; including but not limited to: concentrated sulfuric acid, concentrated nitric acid, white fuming nitric acid, and oleum.
The materials of construction for all other non-wetted surfaces should be reasonable and prudent to the intent and scope of this SOW, and in keeping with industry standards.
3.1.3 Operating Conditions and Boundaries
The process side of the reactor system shall be capable of full and unhindered operation within a reaction mixture temperature range of -5°C to 120°C, at ambient pressure.
3.1.4 Reaction Calorimetry
The system shall be capable of deriving from measurement the heat of reaction, in both adiabatic and isothermal modes.
3.1.5 Instrumentation
The reactor shall be configured for and capable of measuring the temperature and pH of the reactant mixture. The reactor vessel shall be capable of physically integrating the MT FBRM and PVM probes.
3.1.6 Liquid Dosing Pumps
The contractor shall provide a total of two (2) pumps and associated equipment to provide gravimetric dosing of liquids into the reactor. The pumps shall be capable of volumetric flowrates adjustable from 1 mL/min to 100 mL/min The materials of construction for the wetted surfaces of pumps shall have good corrosion resistance characteristics for common organic solvents, common inorganic solvents, common halogenated solvents, strong mineral acids, strong and weak bases, and common organic reagents. Where possible and prudent this might include the use of any one or combination of stainless steel (either 316 or 316L), chemical resistant glass, and fluorinated elastomers. The dosing pump system shall be controllable from the control system detailed in later sections.
3.2 Heater-Chiller Unit
The contractor shall provide a heat exchange fluid heater-chiller unit, designed to support the use of the reaction calorimeter for the intended purpose, described in previous sections.
3.3 Control System
3.3.1 Automation
The control system shall be capable of controlling the dosing pump system, described in previous section; to include the ability to start and stop pumping, and adjust the rate of pumping of each pump independently. The control system shall also be capable of controlling the temperature of the heat exchange fluid in both isothermal and adiabatic modes of calorimetry. The rate of agitation must also be controllable.
3.3.2 Control and Integration of FBRM and PVM Probes
The control system shall be capable of integrating and controlling the Mettler-Toledo FBRM and PVM probes.
3.3.3 Remote Operation
The control system must be capable of being physically separated from the rest of the system, i.e. housed in a control room. The control room will be no more than 100 linear feet from the operational room wherein the rest of the system resides. The control system must integrate with the rest of the system via a physical connection, e.g. fiber optical cable or wire, not through radio communication.
3.4 System Integration
The contract shall provide all appropriate fittings, connectors, adapters, cables, hoses, lines, and anything else necessary for the full assembly and integration of the system components.
3.5 Installation and Training
3.5.1 Installation and Start-Up
The contractor shall provide installation of the equipment at NAWCWD, to include an initial start-up of the system. The contractor shall allow NAWCWD personnel to observe the installation.
3.5.2 Testing and Verification
The contractor shall execute an acceptance test procedure, demonstrating and verifying the ability of the installed system to meet all of the aforementioned requirements. The contractor shall allow NAWCWD personnel to observe the testing and verification, and provide a record of the results.
3.5.3 Training
The contractor shall provide on-site training to NAWCWD personnel in the operation of the system.
3.5.4 Documentation
The contractor shall provide all relevant and pertinent documentation for all hardware and software provided.
4.0 Travel
Travel is required for the purposes of training/installation.
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 |
CLAUSES INCORPORATED BY REFERENCE
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| 12 mths. ADC |
| 1 |
| NAVAIR |
WALTER MERRIMAN
2400 E. PILOT PLANT RD.
RIDGECREST CA 93555
(760) 939-7815 FOB: Destination N68936
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
Section G - Contract Administration Data
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
COMBO
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
N68936
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF
| Pay Official DoDAAC | * | ||
| Issue By DoDAAC | N68936 | ||
| Admin DoDAAC | * | ||
| Inspect By DoDAAC | N68936 | ||
| Ship To Code | N68936 | ||
| Ship From Code | ____ | ||
| Mark For Code | ____ | ||
| Service Approver (DoDAAC) | ____ | ||
| Service Acceptor (DoDAAC) | ____ | ||
| Accept at Other DoDAAC | ____ | ||
| LPO DoDAAC | ____ | ||
| DCAA Auditor DoDAAC | ____ | ||
| Other DoDAAC(s) | ____ |
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
*To be completed at contract award
| G-TXT-01 | ATTENTION! E-MAIL ADDRESS REQUIRED FOR DISTRIBUTION |
| All Naval Air Warfare Center Weapons Division Contracts/ Purchase Orders and other related documents are now distributed by electronic mail. | |
| Please provide the e-mail address to which distribution of contracts/purchase orders should be made. | |
| E-Mail Address:___________________________________________________ |
| 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. |
Section I - Contract Clauses
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-6 Alt I |
| Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I |
| OCT 1995 |
| 52.203-17 |
| Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights |
| APR 2014 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2018 |
| 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 |
| OCT 2018 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| NOV 2015 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| OCT 2018 |
| 52.212-5 |
| Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items |
| OCT 2018 |
| 52.212-5 (Dev) |
| Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Deviation 2018-O0021) |
| OCT 2018 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2018 |
| 52.219-28 |
| Post-Award Small Business Program Rerepresentation |
| JUL 2013 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-50 |
| Combating Trafficking in Persons |
| MAR 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 |
| 52.227-1 |
| Authorization and Consent |
| DEC 2007 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| DEC 2007 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| OCT 2018 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.253-1 |
| 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 |
| 252.203-7003 |
| Agency Office of the Inspector General |
| DEC 2012 |
| 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 |
| 252.204-7014 |
| Limitations on the Use or Disclosure of Information by Litigation Support Contractors |
| MAY 2016 |
| 252.204-7015 |
| Notice of Authorized Disclosure of Information for Litigation Support |
| MAY 2016 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism |
| OCT 2015 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| DEC 2017 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| SEP 2004 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.237-7010 |
| Prohibition on Interrogation of Detainees by Contractor Personnel |
| JUN 2013 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.247-7023 |
| 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 2018-O0021) (OCT 2018)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b)(1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(vii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii)(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
| 52.252-2 | 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. | |||||
| “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. |
Section K - Representations, Certifications and Other Statements of Offerors
| 52.203-11 |
| Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions |
| SEP 2007 |
| 52.204-16 |
| Commercial and Government Entity Code Reporting |
| JUL 2016 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 52.209-2 |
| Prohibition on Contracting with Inverted Domestic Corporations--Representation |
| NOV 2015 |
| 252.225-7050 |
| Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism |
| JAN 2018 |
| 52.203-2 | CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985) | |||
| (a) The offeror certifies that -- | ||||
| (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods of factors used to calculate the prices offered: | ||||
| (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and | ||||
| (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. | ||||
| (b) Each signature on the offer is considered to be a certification by the signatory that the signatory -- | ||||
| (1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contradictory to subparagraphs (a)(1) through (a)(3) above; or | ||||
| (2) (i) Has been authorized, in writing, to act as an agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) above ______________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization); | (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and | |||
| (iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above. | ||||
| (c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. |
| 52.203-18 | PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS - REPRESENTATION (JAN 2017) |
| (a) Definition. As used in this provision-- | |
| Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. | |
| (b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. | |
| (c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. | |
| (d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). |
| 52.204-5 | WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (OCT 2014) |
| (a) Definition. Women-owned business concern, as used in this provision, means a concern that is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. | |
| (b) Representation. [Complete only if the offeror is a women-owned business concern and has not represented itself as a small business concern in paragraph (c)(1) of FAR 52.219-1, Small Business Program Representation, of this solicitation.] The offeror represents that it [ ] is, [ ] is not a women-owned business concern. |
| 52.209-5 | CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) | |||||
| (a)(1) The Offeror certifies, to the best of its knowledge and belief, that -- | ||||||
| (i) The Offeror and/or any of its Principals -- | ||||||
| (A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; | ||||||
| (B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract, violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and | ||||||
| (C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision, and | ||||||
| (D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. | ||||||
| (1) Federal taxes are considered delinquent if both of the following criteria apply: | ||||||
| (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. | ||||||
| (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. | ||||||
| (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. | ||||||
| (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. | ||||||
| (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. | ||||||
| (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). | ||||||
| (ii) The Offeror has [ ] has not [ ], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. | ||||||
| (2) Principal, for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). | ||||||
| (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. | ||||||
| (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. | ||||||
| (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. | ||||||
| (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. |
| 52.209-11 | REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016) |
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