19R0015_Commercial_Solicitation.docx
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- Attached to
- Weapons Components (Wea-Com) Federal contract opportunity
- Solicitation number
- N6893619R0015
About this file
This is a solicitation for a multiple award indefinite delivery, indefinite quantity contract to provide advanced technology products and maintenance, repair, and installation services to the Naval Air Warfare Center Weapons Division in China Lake, California. Products may include electronic components, mechanical systems, energetic materials, and chemical products manufactured through various processes. The contract has a five-year ordering period and will utilize firm fixed price delivery orders valued over $10,000 on a fair opportunity basis. Interested parties must respond with a capability statement by 15 days from notice to be considered for award, with award notices to be posted on FEDBIZOPPS in March 2019.
N6893619R0015 Solicitation
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N6893619R0015
Section A - Solicitation/Contract Form
CLAUSES INCORPORATED BY FULL TEXT
FOR YOUR INFORMATION:
The following addresses and points of contact are provided:
| Name: | Melinda Childs |
| Phone: | (760) 939-1932 |
| DSN: | 437-1932 |
| FAX: | (760) 939-8144 |
Email address: Melinda.childs@navy.mil
U.S. Postal Service Mailing Address:
| COMMANDER |
| CODE 254220D (M. CHILDS – 760-939-1932) |
| NAVAIRWARCENWPNDIV |
| 1 Administration Circle, MAIL STOP 1303 |
| CHINA LAKE, CA 93555-6108 |
Direct Delivery Address (UPS, FedEx, etc.):
| COMMANDER |
| CODE 254220D (M. CHILDS) |
| 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 254200D (A. SANTANA – 760-939-2866)
NAVAIRWARCENWPNDIV
1 Administration Circle, MAIL STOP 1303
CHINA LAKE, CA 93555-6108
Direct Delivery Address
COMMANDER
CODE 254200D (A. SANTANA – 760-939-2866)
NAVAIRWARCENWPNDIV
BLDG 02334, MAIL STOP 1303
CHINA LAKE, CA 93555-6108
Ombudsman:
Name: * Phone: (760) 939-
DSN: 437-
FAX: (760) 939-8144
Email address:
* To be completed at award.
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 1 |
| Lot |
Weapons Components
FFP
The contractor shall provide advanced technology products and maintenace, repair, and installation services in accordance with the Statement of Work (SOW) shown in Section C and as specified on each Delivery Order (DO). The contract ordering period is five years, also referred to herein as a five year period of performance.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
PURCHASE REQUEST NUMBER: 1300763456
PSC CD: AE37
MAX
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| AMOUNT |
| 0002 |
| Contract Data Requirements List |
NSP
The Contractor shall provide Technical Data in accordance with the Contract Data Requirements List (CDRL), DD Form 1423, Exhibit A.
NSP = Not Separately Priced
Section C - Descriptions and Specifications
STATEMENT OF WORK
Statement of Work Weapon Components Contract (Wea-Com) April 24, 2019
1.0 SCOPE
The Naval Air Warfare Center Weapons Division (NAWCWD), China Lake, CA has a requirement for support of advanced technology products for the Energetics Department. NAWCWD intends to procure various types of products, manufactured from several different materials, in different forms, shapes, sizes, and complexity. Such products will be procured for rapid delivery, ranging from single item requests to full production quantities, in support of on-going immediate response requirements.
The Energetics Department will provide the applicable data and specifications required for each requirement, through the issuance of individual Delivery Orders (DOs). Each DO will delineate all applicable design, material, and end-product requirements. The contractor shall provide supporting documentation and certification verifying compliance to applicable specification requirements, for each product delivered. It is the intent of the Government to award multiple contracts for these products. Contract awardees will be allowed a fair opportunity to compete for orders valued at greater than $10,000 under this requirement. The products procured herein will be separately ordered and priced on each individual DO. The goal of this procurement is to provide for rapid delivery of manufactured and commercial-off-the-shelf products related to weapon program support to NAWCWD and its customers.
Specific technology commodities that will be included under this contract include: electronic components and systems, mechanical/fabrication components and systems, energetic materials and components, chemical materials and components.
2.0 APPLICABLE DOCUMENTS
Product/performance documents applicable for specific products will be delineated in each DO. These may include technical data packages, Computer Aided Design (CAD) models, drawings, manuals, and other descriptive materials. Applicable revisions shall be the version in effect at the time of DO issuance, unless otherwise specified in the DO.
2.1 Specifications and Standards:
ISO 9001:2015 Quality Management (or equivalent) E1A649 National Consensus Standard for Configuration Management
3.0 REQUIREMENTS
3.1 General
The contractor shall manufacture and/or deliver products in accordance with this SOW and the requirements set forth in each applicable DO. Products procured herein may vary from items requiring general manufacturing practices to a variety of state-of-the-art technologies, manufacturing sequences, and commercial-off-the-shelf items. This procurement may include: additive manufacturing, printed wiring/printed circuit boards, mold/die making, casting, machining (including: cutting, milling, turning and threading, drilling and tapping, reaming, grinding, honing, lapping, and broaching), welding and soldering, engraving/marking, grinding, non-destructive inspection (NDI), sub-assembly fabrication, finishing/coating/painting/plating processes, and final assembly. Explosive and/or propellants, their pre-cursers, and component parts are also included.
3.1.1 Using government-provided drawings, data files, and instructions, the contractor shall manufacture the products to the requirements delineated in each DO.
3.1.2 The drawings, data files, and instructions will be submitted via electronic mail. Therefore, the contractor shall be capable of accepting the information in this format.
3.1.3 The contractor shall maintain capability and/or access to sub-contract capability, to meet NAWCWD manufacturing technology commodity needs.
3.1.4 In addition to product definition documentation, DOs may contain other government supplied data to assist in responding to specific DOs. Such data may include work instructions, numerical control programs, fixture and tooling designs, inspection methodology descriptions, prototype documentation, and process plans.
3.2 Electronic Components and Systems
3.2.1 Electronic Components and Systems - The contractor shall provide electronic components and systems that consist of printed circuit boards (multi-layer, single and double sided printed wiring boards) of varying size and complexity. Mixed component technologies (surface mount and through hole) may be employed as defined on individual DOs. Cables and other electronic connector systems are possible elements of the individual products specified on DOs. Sub-components may be government furnished, produced, or acquired as commercial-off-the-shelf-items by the Contractor depending on the individual DO requirements.
3.2.2 Assembly - Manufactured components may require assembly to meet individual DO requirements. These components may be government furnished, produced, or acquired as commercial-off-the-shelf-items by the contractor depending on the individual DO requirements.
3.2.3 Finishing - Some products will require surface treatment, both for individual components and the completed item as an assembly. Surface treated components may be government furnished or acquired/produced by the Contractor depending on the individual DO requirements.
3.3 Mechanical/Fabrication Components and Systems
3.3.1 Mechanical Components and Systems - The contractor shall provide mechanical components and systems that consist of engineered structures of varying materials and configurations. These products will be fabricated by a variety of process methods, including but not limited to machining, welding, heat treatment, casting, forging, forming, injection molding, filament winding, resin transfer molding, and spin forming. Sub-components may be government furnished or acquired/produced by the contractor depending on the individual DO requirements.
3.3.2 Assembly - Manufactured components may require assembly to meet individual DO requirements. These components may be government furnished or acquired/produced by the contractor depending on the individual DO requirements.
3.3.3 Finishing - Some products will require surface treatment, both for individual components and the completed item as an assembly. Painting systems will include sprayed or powder coated epoxy materials. Deposition of metallic plating will include cadmium, chromium, nickel, gold, and copper. Plating processes will include conversion coating, chromic/sulfuric/hard anodizing, and passivate. Surface treated components may be government furnished or acquired/produced by the contractor depending on the individual DO requirements.
3.4 Energetic Materials and Components
3.4.1 Energetic Materials and Components - The contractor shall provide energetic materials and components that contain explosive or propellant materials. Rocket motors, warheads, gas generators, fuzes, and safe/arm devices are examples of such products. Energetic materials may require casting, extruding, pressing, or injection molding processes to form and integrate with mechanical sub-components. Sub-components may be government furnished, produced, or acquired through Government directed sources by the contractor depending on the individual DO requirements.
3.4.2 Assembly - Manufactured components may require assembly to meet individual DO requirements. These components may be government furnished, produced, or acquired as commercial-off-the-shelf-items by the contractor depending on the individual DO requirements.
3.4.3 Finishing - Some products will require surface treatment, both for individual components and the completed item as an assembly. Surface treated components may be government furnished or acquired/produced by the contractor depending on the individual DO requirements.
3.5 Chemical Materials and Components
3.5.1 Chemical Materials and Components - The contractor shall provide chemical products in accordance with defined physical and chemical properties. Thermal batteries, chemo-luminescent items and fire-resistant coatings are examples of such products. Sub-components may be government furnished, produced, or acquired as commercially available items by the contractor depending on the individual DO requirements.
3.5.2 Assembly - Manufactured components may require assembly to meet individual DO requirements. These components may be government furnished, produced, or acquired as commercial-off-the-shelf-items by the contractor depending on the individual DO requirements.
3.5.3 Finishing – Some products will require surface treatment, both for individual components and the completed item as an assembly. Surface treated components may be government furnished or acquired/produced by the contractor depending on the individual DO requirements.
3.6 Service Requirements
The contractor shall provide rapid-response maintenance, repair, and installation services on a delivery order basis for items or product lines applicable to section 3.0 requirements. The specific services will be identified at the individual DO.
3.7 Engineering Requirements
The contractor shall provide engineering support for build to print product deliveries as defined in individual DOs. The contractor shall develop, prepare, review, and deliver variances and engineering changes, with trade-off considerations and recommendations, with supporting rationale, for government consideration. Such documents shall be in accordance with E1A649 National Consensus Standard for Configuration Management or equivalent. (CDRLs A001, A002, A003)
3.8 Quality Assurance Provisions
3.8.1 The contractor shall implement and maintain a Quality Control System that satisfies program objectives and meets the requirements of ISO 9001:2015 or equivalent model. All quality system procedures, planning, documentation, and data that comprise the quality system shall be made available to the Government for review. Existing quality documents that meet the requirements of this contract may be used, if approved by the Government. A copy of the contractor's Quality Control System shall be submitted to the Government as part of the proposal per Section L, and as annual updates in accordance with CDRL A004.
3.8.2 The Government will perform inspections, verifications, and evaluations to assess the effectiveness of the quality program implementation to include sub-contracted operations and suppliers. The subject assessment will include documentation review and site visits.
3.8.3 The contractor shall implement a corrective action and disposition system, as part of the Quality Control System, for identifying and reporting to the Government nonconforming material/products which do not meet individual DO requirements; segregating and controlling this material/product to prevent its unauthorized use or shipment; and identifying and correcting conditions which caused the nonconformance. Acceptance of nonconforming material is the sole prerogative of the Government.
3.8.4 Product verification inspection and test methods will be established by the Government to meet the requirements of individual DOs. The contractor shall prepare inspection and test records and reports that are complete, accurate, and include observations made and number and type of deficiencies. Inspection and test records shall be suitable for trend analysis and corrective action. All inspection and test records shall be maintained at the contractor’s facility for a period of 5 years from the final delivery date. The contractor shall submit inspection and test reports in accordance with CDRL A005.
3.8.5 First Article and Lot Acceptance Testing – The contractor may be required to perform first article and lot acceptance testing as specified in individual DOs. First article and lot acceptance test reports shall be submitted in accordance with CDRLs A006 and A007.
3.8.6 Monthly Progress, Status, and Management Report - The contractor shall provide Monthly Progress Reports outlining work accomplished, problems encountered, problems solved, trip report(s), items delivered, current schedules, estimated effort worked/remaining and price information. The report shall be submitted for each individual DO in accordance with CDRL A008.
4.0 Travel Requirements
Individual DOs may require the contractor to perform travel to support the effort.
5.0 DELIVERABLES
5.1 Certificate of Conformance
5.1.1 When requested at the delivery order level, the Contractor shall ship with a Certificate of Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the Ordering Officer or the Procuring Contracting Officer (PCO), or inspection and acceptance have occurred.
5.1.2 The Contractor's signed certificate shall be attached to or included with copies of the inspection or receiving report accompanying the shipment. The certificate shall read as follows:
"I certify that on [insert date], the [insert Contractor's name] furnished the supplies or services called for by Contract No. -[insert Contract Number] via - [insert Carrier] on - [identify the bill of lading or shipping document] in accordance with all applicable requirements. I further certify that the supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document."
Date of Execution:
Signature:
Title:
5.1.3 The Government has the right to reject defective supplies or services as promptly as practicable after delivery by written notification to the Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.
5.2 Engineering Change Proposal (A001)
5.3 Notice of Revision (A002)
5.4 Request for Variance (A003)
5.5 Quality System Plan (A004)
5.6 Test/Inspection Report (A005)
5.7 First Article Test Report (A006)
5.8 Lot Acceptance Test Report (A007)
5.9 Contractor’s Progress, Status and Management Report (A008)
5.10 Program Protection Implementation Plan (A009)
6.0 SECURITY
6.1 In the case of an unclassified contract that requires no access to Classified Military Information (CMI), but that does require access to Controlled Unclassified Information (CUI), NAWCWD Restricted Areas, and/or Government IT systems, contractors are required to comply with non-NISP processing requirements before local access to CUI, Restricted Areas, and IT can be granted. This process shall be coordinated by the Contracting Officer’s Representative (COR) or Technical Point of Contact (TPOC) through the NAWCWD Industrial Security office.
6.2 Information Security. Direct Support contractor personnel working under the purview of a DoN Commanding Officer/Commander shall comply with the local security provisions and the requirements of SECNAV M-5510.36 (series). The contractor shall implement and maintain security procedures and controls to prevent unauthorized disclosure of controlled unclassified information and to control distribution of controlled unclassified information in accordance with DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM), and SECNAV M-5510.36 For Official Use Only information generated and/or provided under this contract shall be marked and safeguarded as specified in DoDM 5200.01, Information Security Program Manual (Volume 4) available at http://www.dtic.mil/whs/directives/corres/pdf/520001_vol4.pdf . Contractor shall not store or transmit CUI on personal information technology systems or via personal e-mail. Unclassified e-mail containing any DoD CUI shall be encrypted. Prior to sending CUI to any non-Navy Marine Corps Internet (NMCI) addressees, the sender must first positively verify all recipients are authorized access to CUI and have need-to-know. Non-NMCI recipients must have a DoD compliant Private Key Infrastructure (PKI) certificate that enables electronic transmission via unclassified networks while protecting the CUI with a digital signature and encryption.
6.3 Operations Security (OPSEC)
The Contractor shall develop, implement, and maintain an OPSEC program to protect controlled unclassified activities, information, equipment, and material used or developed by the Contractor and any subcontractor during performance of the contract. The Contractor shall be responsible for the subcontractor implementation of the OPSEC requirements. The OPSEC program shall be in accordance with National Security Decision Directive (NSDD) 298, and at a minimum shall include:
1) Assignment of responsibility for OPSEC direction and implementation.
2) Issuance of procedures and planning guidance for the use of OPSEC techniques to identify vulnerabilities and apply applicable countermeasures.
3) Establishment of OPSEC education and awareness training.
4) Provisions for management, annual review, and evaluation of OPSEC programs.
5) Flow down of OPSEC requirements to subcontractors when applicable.
6.4 Program Protection Plan (PPP): A Program Protection Plan (PPP) and supporting annexes will be provided as Government Furnished Information (GFI). The contractor will follow guidance in the PPP and annexes for protection of Critical Program Information (CPI) identified in the PPP. The contractor will, as requested by the government, provide input to updates of the PPP and associated annexes. Any modifications or deviations to the PPP or annexes will be made in writing by the Program Manager (PM). Requests for clarification of the PPP or annexes will be made by the contractor to the PM not later than thirty (30) days from receipt of the PPP, its annexes, or updates thereof.
Program Protection Implementation Plan (PPIP):
Security: The Contractor shall implement and maintain security procedures and controls to prevent unauthorized disclosure of controlled unclassified and classified information and to control distribution of controlled unclassified and classified information in accordance with the National Industrial Security Program Operating Manual (NISPOM) and DoDM 5200.01, Information Security Manual. All Contractor facilities shall provide an appropriate means of storage for controlled unclassified and classified documents, classified equipment and materials and other equipment and materials.
Program Protection Implementation Plan (PPIP): The Contractor shall develop (or update, as applicable) the PPIP to ensure effective and efficient protection of essential program information, technologies and systems, and in accordance with Operational Security (OPSEC) requirements which will include (at a minimum):
| - | The Security Management structure. |
| - | The CPI physical locations under the Contractor’s or subcontractors’ control. |
| - | The vulnerability of the CPI under the Contractor’s or subcontractors’ control to intelligence collection in the following areas: Human Intelligence (HUMINT); Open Source Intelligence (OSINT); Signals Intelligence (SIGINT); Imagery Intelligence (IMINT); Computer Network Operations (CNO). |
| - | Countermeasures at each site where CPI is held, from the following security domains (as applicable): physical security; personnel security; telecom and network security; application/systems development; cryptography; security architectures; operational security network and IT access control. |
| - | Any special handling procedures required for CPI, and procedures for recovering CPI in the event of a mishap. The Contractor shall address these procedures for all phases of the program, including (but not limited to): RDT&E; production; operations; maintenance; logistics; transportation; training; disposal. |
| - | Procedures for ensuring compliance with U.S. Government export statutes and regulations. |
| - | Procedures for public release of program information. CDRL A009. |
6.5 Public Release. Disclosure of information is covered by DFARS 252.204-7000 Disclosure of Information, incorporated in Section I of the contract. Concerning subsection (a)(2), “information otherwise in the public domain” is information officially released into the public domain, e.g. via Distribution Statement A, and does not include information in the public domain that has not been officially released. For disclosure of unclassified information that has not been officially released, the Contractor must seek specific approval from the Contracting Officer in consultation with the Security Department.
Section D - Packaging and Marking
| 5252.247-9508 | PROHIBITED PACKING MATERIALS (NAVAIR)(JUN 1998) |
| The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hydroscopic or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use. |
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-4 |
| Inspection Of Services--Fixed Price |
| AUG 1996 |
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
| 5252.246-9514 | INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995) |
| Inspection and acceptance of technical data and information will be performed by the Procuring Contracting Officer (PCO) or his duly authorized representative. Inspection of technical data and information will be performed by ensuring successful completion of the requirements set forth in the DD Form 1423, Contract Data Requirements List (CDRL) and incorporation/resolution of Government review comments on the data items. Acceptance will be evidenced by execution of an unconditional DD Form 250. |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 01-JUL-2019 TO |
30-JUN-2024
| N/A |
| CDR NAWCWD CODE 475600D |
KATHY HILL
1900 N. KNOX BLDG. 5, ROOM 100D
CHINA LAKE CA 93555
(760) 939-7217 FOB: Destination N68936
| 0002 |
| POP 01-JUL-2019 TO |
30-JUN-2024
| N/A |
| (SAME AS PREVIOUS LOCATION) |
FOB: Destination N68936
| 52.211-17 |
| Delivery of Excess Quantities |
| SEP 1989 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 5252.247-9505 | TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995) |
| Technical Data and Information shall be delivered in accordance with the requirements of the Contract Data Requirements List, DD Form 1423, Exhibit A, attached hereto, and the following: | |
| (a) The contractor shall concurrently deliver technical data and information per DD Form 1423, Blocks 12 and 13 (date of first/subsequent submission) to all activities listed in Block 14 of the DD Form 1423 (distribution and addresses) for each item. Complete addresses for the abbreviations in Block 14 are shown in paragraph (g) below. Additionally, the technical data shall be delivered to the following cognizant codes, who are listed in Block 6 of the DD Form 1423. |
(1) Agapito Santana, PCO
(2) Melinda Childs, CS
(3) Kathy Hill, TPOC
| (b) Partial delivery of data is not acceptable unless specifically authorized on the DD Form 1423, or unless approved in writing by the PCO. |
| (c) The Government review period provided on the DD Form 1423 for each item commences upon receipt of all required data by the technical activity designated in Block 6. |
| (d) A copy of all other correspondence addressed to the Contracting Officer relating to data item requirements (i.e., status of delivery) shall also be provided to the codes reflected above and the technical activity responsible for the data item per Block 6, if not one of the activities listed above. |
| (e) The PCO reserves the right to issue unilateral modifications to change the destination codes and addresses for all technical data and information at no additional cost to the Government. |
| (f) Unless otherwise specified in writing, rejected data items shall be resubmitted within thirty (30) days after receipt of notice of rejection. |
| (g) DD Form 1423, Block 14 Mailing Addresses: agapito.santana@navy.mil, Melinda.childs@navy.mil, kathy.hill2@navy.mil |
Section G - Contract Administration Data
| 252.232-7006 |
| Wide Area WorkFlow Payment Instructions |
| DEC 2018 |
| 5252.204-9503 | EXPEDITING CONTRACT CLOSEOUT (NAVAIR) (JAN 2007) |
| (a) As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $1,000 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party might be considered to the extent permitted by law. | |
| (b) This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered. |
| G-TXT-01 | ATTENTION! E-MAIL ADDRESS REQUIRED FOR DISTRIBUTION |
| All Naval Air Warfare Center Weapons Division Contracts/ Purchase Orders and other related documents are now distributed by electronic mail. | |
| Please provide the e-mail address to which distribution of contracts/purchase orders should be made. | |
| E-Mail Address:___________________________________________________ |
| G-TXT-02 | PAYMENT BY GOVERNMENT PURCHASE CARD (AUG 2015)* |
| This order will be paid with a Government Purchase Card. | |
| Please contact __________________ at ___________ for Government Purchase Card Instructions. | |
| The Government Purchase Card may not be billed until the merchandise has been received. | |
| The Point of Contact above must be notified each time the card is billed. |
*To be completed at contract award.
| G-TXT-03 | CONTRACTOR ACCESS TO NAVAL AIR WARFARE CENTER WEAPONS DIVISION CHINA LAKE |
| Contractors requiring access to the Naval Air Warfare Center Weapons Division China Lake are required to enroll with RAPIDGate or obtain a day pass from the Pass and ID Office. The Government will not be responsible for work delays or work stoppages due to failure to comply with these access requirements. Questions should be directed to Tina Todd at (760)939-3154. |
| G-TXT-04 | APPOINTMENT OF ORDERING OFFICER(S) (APR 2002) |
| (a) The following activity(ies) or individual(s) is/are designated as authorized Ordering Officer(s): * | |
| (b) The above activity(ies) or individual(s) is/are responsible for issuing and administering any orders placed hereunder. Ordering Officers may negotiate revisions/modifications to orders, but only within the scope of this contract. Ordering Officers have no authority to modify any provision of this basic contract. Any deviation from the terms of the basic contract must be submitted to the Procuring Contracting Officer (PCO) for contractual action. Ordering Officers may enter into mutual no-cost cancellations of orders under this contract and may reduce the scope of orders/tasks, but Terminations for Convenience or Terminations for Default shall be issued only by the PCO. |
Section H - Special Contract Requirements
ORDERING PROCEDURES
INTRODUCTION
The Government intends to allow all contract holders a fair opportunity to compete for orders under this requirement. Orders estimated at greater than $10,000.00 will be competed among contract holders. For purposes of this requirement, order is defined as the total estimated value of an entire order, and not individual line items or single unit price.
REQUEST FOR QUOTE (RFQ)
The Ordering Officer designated under the contracts will issue a request for quotation, via electronic mail. This request will include:
a. RFQ # and or PLAN#
b. Item(s) description
c. Quantity
d. Delivery date
e. Delivery point
f. Specifications and other documents, if necessary
g. Certifications requirements, if necessary
h. Quotation submission deadline (date and time)
i. Evaluation and award procedures
CONTRACTOR’S QUOTE
The contractor’s quote shall include, as a minimum:
a. Unit price
b. Total order price, including shipping
c. Proposed delivery date
d. Origin of proposed materials
e. Other information as delineated in each RFQ
f. If subcontracting is contemplated, the quote shall include:
1. Name, address of subcontractor
2. Business size (Reference FAR 19.102). If subcontractor is a small business, include any additional small business subcategories which the subcontractor represents
3. NAICS Code for work or items provided by subcontractor
4. Price
5. Percent of work to be performed by the subcontractor
CLARIFICATIONS
Offerors may request the Ordering Officer to provide clarification of technical and delivery requirements; however, questions and answers may be shared with all prospective contractors. Proprietary information will be protected, providing the offeror clearly identifies which data are proprietary and the Government agrees with the determination.
LATE SUBMISSIONS, MODIFICATIONS, REVISIONS, AND WITHDRAWL OF OFFERS
Quotes received after the deadline as specified in the RFQ are “late” and will not be considered unless it is the only offer received. Offerors may request that the Ordering Officer extend the deadline. If an extension is granted, all contractors who received the RFQ will be notified of the extension. Modifications and revisions must be received prior to the deadline date in order to be considered; however, modifications of an otherwise successful quote that make its terms more favorable to the Government will be considered at any time it is received and may be accepted.
Revised offers may be withdrawn by written notice (email is acceptable) at any time before the exact time set for receipt of offers.
NO BID/NON INTEREST
Offerors are encouraged to indicate no-interest on RFQs issued by the Government. Frequent no-bid, no interest, or non-responsiveness by any contract holder may result in termination for convenience.
DELIVERIES
Delivery times are considered critical. On-time and late deliveries will be tracked for all contractors. Consideration to revise the delivery date may be proposed by vendors but must be of value to the Government. (Suggestions include free/expedited shipping, product discount, additional product, invoice reduction, etc.) Collection of consideration for late delivery will result in a modification to the Order. The scheduled delivery date will be changed to reflect the actual delivery date and Past Performance will NOT be impacted negatively. The Ordering Officer will notify the Contracting Officer of any contractor who is consistently late in making deliveries. This may result in the Contracting Officer making a determination on a case-by-case basis that the contractor is excluded from competition on future orders.
EVALUATION/AWARD
Evaluation and award procedures will be tailored to each acquisition and will typically be issued either on the basis of price alone or with consideration of price and other factors (trade-off) as shown below. The evaluation and award procedures to be followed for each order will be indicated in the individual RFQs.
1. Low Price Technically Acceptable Evaluation: the Government may issue an order resulting from the RFQ to the lowest price offeror with satisfactory past performance whose offer conforms to the RFQ.
2. Tradeoff: The Government may issue an order resulting from the RFQ to the offeror whose offer conforming to the RFQ will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
a. Technical (proposing to supply the requested materials and any required certifications).
b. Delivery Date
c. Past Performance
d. Price The Government will conduct evaluation of quotes. The Government will select the quotation that offers the greatest value to the Government. Notification will be given only to the successful offeror.
ORDERS UP TO $10,000.00
Orders valued at $10,000.00 or less may be issued without a RFQ and issued to any contract awardee at the discretion of the Ordering Officer. However, the Government reserves the right to request a quote from any or all contract awardees.
ORDERS BETWEEN $10,000.00 AND $25,000.00
Orders estimated to be valued over $10,000.00 up to $25,000.00 will be competed using the procedures described herein.
ORDERS GREATER THAN $25,000.00
Orders that are estimated to exceed $25,000.00 will be competed using the procedures described herein; however, any ensuing orders will be issued on a SF 1449 by the Contracting Officer.
MODIFICATIONS TO PROCEDURES
These procedures may only be modified by mutual agreement of the Contracting Officer and each contract holder.
| 5252.211-9502 | GOVERNMENT INSTALLATION WORK SCHEDULE (NAVAIR)(DEC 2014) |
| (a) The Holidays applicable to this contract are: New Year's Day, Martin Luther King's Birthday, Presidents' Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, and Christmas Day. | |
| (b) In the event that any of the above holidays occur on a Saturday or Sunday, or alternate Friday, then such holiday shall be observed as they are by the assigned Government employees at the using activity. | |
| (c) The Naval Air Warfare Center Weapons Division works a 4/5/9 work schedule. Therefore alternate Fridays are not a part of the normal workweek for work performed on-site at a Naval Air Warfare Center Weapons Division site. The majority of the Government offices are closed on alternate Fridays. | |
| (d) No deviation in the normal workweek will be permitted without express advance approval by the designated Contracting Officer with coordination of the using departments. |
| 5252.211- 9510 | CONTRACTOR EMPLOYEES (NAVAIR)(MAY 2011) | |
| (a) In all situations where contractor personnel status is not obvious, all contractor personnel are required to identify themselves to avoid creating an impression to the public, agency officials, or Congress that such contractor personnel are Government officials. This can occur during meeting attendance, through written (letter or email) correspondence or verbal discussions (in person or telephonic), when making presentations, or in other situations where their contractor status is not obvious to third parties. This list is not exhaustive. Therefore, the contractor employee(s) shall: | ||
| (1) Not by word or deed give the impression or appearance of being a Government employee; | ||
| (2) Wear appropriate badges visible above the waist that identify them as contractor employees when in Government spaces, at a Government-sponsored event, or an event outside normal work spaces in support of the contract/order; | ||
| (3) Clearly identify themselves as contractor employees in telephone conversations and in all formal and informal written and electronic correspondence. Identification shall include the name of the company for whom they work; | ||
| (4) Identify themselves by name, their company name, if they are a subcontractor the name of the prime contractor their company is supporting, as well as the Government office they are supporting when participating in meetings, conferences, and other interactions in which all parties are not in daily contact with the individual contractor employee; and | ||
| (5) Be able to provide, when asked, the full number of the contract/order under which they are performing, and the name of the Contracting Officer’s Representative. | ||
| (b) If wearing a badge is a risk to safety and/or security, then an alternative means of identification maybe utilized if endorsed by the Contracting Officer’s Representative and approved by the Contracting Officer. | ||
| (c) The Contracting Officer will make final determination of compliance with regulations with regard to proper identification of contractor employees. |
| 5252.216-9512 | PAPERLESS CONTRACTING (NAVAIR)(JUN 2009) |
| (a) Orders and requests for proposals are hereby authorized to be issued by facsimile or by electronic commerce (including e-mail and paperless methods of delivery). Nothing in this contract should be read to prohibit these types of orders. In the event of a conflict with any other provision of this contract, this clause shall govern. | |
| (b) To the extent the terms "written", "mailed", or "physically delivered" appear in other provisions of this contract, these terms are hereby defined to explicitly include electronic commerce, email, or paperless delivery methods. |
Section I - Contract Clauses
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-6 Alt I |
| Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I |
| OCT 1995 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| OCT 2010 |
| 52.203-17 |
| Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights |
| APR 2014 |
| 52.203-19 |
| Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements |
| JAN 2017 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| OCT 2018 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 52.204-22 |
| Alternative Line Item Proposal |
| JAN 2017 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| OCT 2015 |
| 52.209-9 |
| Updates of Publicly Available Information Regarding Responsibility Matters |
| 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 |
| 52.219-6 (Dev) |
| Notice of Total Small Business Set-Aside (DEVIATION 2019-O0003). |
| JAN 2019 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2018 |
| 52.219-14 (Dev) |
| Limitations on Subcontracting (DEVIATION 2019-O0003). |
| JAN 2019 |
| 52.219-28 |
| Post-Award Small Business Program Rerepresentation |
| JUL 2013 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| JAN 2018 |
| 52.222-50 |
| Combating Trafficking in Persons |
| JAN 2019 |
| 52.222-54 |
| Employment Eligibility Verification |
| OCT 2015 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-11 |
| Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. |
| JUN 2016 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.227-1 |
| Authorization and Consent |
| DEC 2007 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| DEC 2007 |
| 52.232-36 |
| Payment by Third Party |
| MAY 2014 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.204-7000 |
| Disclosure Of Information |
| OCT 2016 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| OCT 2016 |
| 252.205-7000 |
| Provision Of Information To Cooperative Agreement Holders |
| DEC 1991 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Country that is a State Sponsor of Terrorism |
| OCT 2015 |
| 252.211-7008 |
| Use of Government-Assigned Serial Numbers |
| SEP 2010 |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| JUN 2013 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program-- Basic |
| DEC 2017 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2017 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| DEC 2017 |
| 252.225-7013 |
| Duty-Free Entry--Basic |
| MAY 2016 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| APR 2019 |
| 252.232-7001 |
| Disposition Of Payment |
| DEC 1991 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| DEC 2018 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.246-7008 |
| Sources of Electronic Parts |
| MAY 2018 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| FEB 2019 |
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JAN 2019)
(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)
| 52.216-19 | ORDER LIMITATIONS (OCT 1995) | |
| (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $500, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract. | ||
| (b) Maximum order. The Contractor is not obligated to honor-- | ||
| (1) Any order for a single item in excess of $200,000; | ||
| (2) Any order for a combination of items in excess of $500,000; or | ||
| (3) A series of orders from the same ordering office within 7 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above. | ||
| (c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above. | ||
| (d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. |
| 52.216-22 | INDEFINITE QUANTITY (OCT 1995) |
| (a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract. |
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