19R0039_Commercial_Solicitation.docx

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Scanning Electron Microscope (SEM) Federal contract opportunity
Solicitation number
N6893619R0039
Issued by
Department of the Navy Naval Air Systems Command Naval Air Warfare Center

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N6893619R0039 Commercial Solicitation

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N6893619R0039

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Name:Luke Kelley
Phone:(760) 939- 3463
DSN:437- 3463

Email address: luke.s.kelley@navy.mil

U.S. Postal Service Mailing Address:

COMMANDER
CODE 254210D (L. Kelley – 760-939-3463)
NAVAIRWARCENWPNDIV
1 Administration Circle, MAIL STOP 1303
CHINA LAKE, CA 93555-6108

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

COMMANDER
CODE 254210D (L. Kelley)
NAVAIRWARCENWPNDIV
BLDG 02334, MAIL STOP 1303
CHINA LAKE, CA 93555-6108

CONTRACTING OFFICER:

Name: Bryan Gregory Phone: (760) 939-1891

DSN: 437-1891

Email address: bryan.v.gregory@navy.mil

TECHNICAL POINT OF CONTACT:

Name: Daniel (Dan) Connor Phone: (760) 939-5657

DSN: 437-5657

Email address: daniel.connor@navy.mil

Section B - Supplies or Services and Prices

ITEM NO
SUPPLIES/SERVICES
QUANTITY
UNIT
UNIT PRICE
AMOUNT
1
Each

SCANNING ELECTRON MICROSCOPE SYSTEM

FFP

The contractor shall provide a Scanning Electron Microscope (SEM) System in accordance with the 'Specification of a SEM' found in Section C.

FOB: Destination

NSN: 66401000000827

PURCHASE REQUEST NUMBER: 1300786700

PSC CD: 6640

NET AMT

Section C - Descriptions and Specifications

SPECIFICATION FOR A SEM

Specification for a Scanning Electron Microscope (SEM) with Variable Pressure (VP) and Energy Dispersive Spectroscopy (EDS) system

The Materials Engineering Division, Code 434000D, requires an SEM with the following minimum requirements:

1. SEM shall be equipped with a lanthanum-hexaboride (LaB6) filament

0. 1 spare LaB6 filament shall be included (2 filaments total) and shall include necessary components (e.g. mounting housing, anode disk, etc) to replace filament in minimal time. Filament shall be user-replaceable (no service technician required) and it is desired that filament replacement take no longer than 15 minutes for a trained operator.

0. Electron beam accelerating voltage shall be 0.5 kV to 30 kV

0. Probe current shall be 1 pA to 4 A

0. Magnification range shall be 5X to 1,000,000X (Polaroid 4x5 inch reference size).

1. SEM specimen chamber shall be capable of operating in both high-vacuum and variable pressure (aka: low-vacuum or environmental) modes. VP mode shall be capable of pressure of 250 Pascal. Cold or chilled specimen stages are not allowed.

1. Chamber shall include provision for venting to a compressed nitrogen gas bottle, venting to room air is not permitted. Vendor shall state hose fitting specifications.

Note: Gov’t will provide gas bottle and pressure regulator.

1. System shall be capable of field-retrofit to allow higher pressures in VP mode, if it is determined later that higher pressures are required (Gov’t will purchase retrofit separately if needed).

1. SEM shall be equipped with a high-vacuum secondary electron (SE) detector, a backscatter electron (BSD) detector and a variable pressure SE (VPSE) detector.

2. Resolution shall be 2.0 nm at 30 kV and 8.0 nm at 3 kV with SE detector in HV.

2. VPSE detector shall be located below the objective lens, and shall be retractable when not in use.

2. Vendor shall demonstrate resolution using their standard procedure prior to Gov’t acceptance.

1. Sample stage shall be capable of 5-axis movement: X & Y of 130 mm, Z of 50 mm, tilt (T) of 90° and 360° continuous rotation (R). Preferred stage style is a Z-T-R stage on top of an X-Y stage, so that the sample holder can be tilted and rotated without affecting full X-Y movement. Preferred tilt orientation is towards the SE and EDS detectors. A removable spacer block to accommodate tall samples may be included.

3. SEM software shall include capability to select a point within the image and automatically move that point to the center of the image window, either via stage movement, beam movement or a combination of both.

3. Image information (e.g. magnification, micron bar, date, kV, etc) shall be user-selectable and savable.

1. Chamber shall accommodate samples of 200 mm height by 300 mm diameter.

1. SEM shall be equipped with control knobs for primary image functions (magnification, focus, brightness, contrast, stigmation, etc). Sample stage movement shall be controlled by 1 or more joysticks. Additional control types such as mouse control of image/stage functions or touch screen operation may be included.

1. An EDS system shall be included (SEM vendor may choose EDS manufacturer) and installed prior to Gov’t acceptance. EDS system shall use a silicon drift detector (SDD) with silicon nitride window for light element detection; liquid nitrogen (LN2) cooled detectors are not permitted. EDS system control shall be integrated into the SEM control computer. EDS detector shall be located near the SE detector. EDS shall have Mn K resolution of 130 eV, demonstrated using Vendor’s standard procedure, and include capability to gather spectra, line-scans and element maps.

1. SEM and EDS computer shall operate on Windows 10. 2 or more monitors of at least 24 inch size shall be included.

1. SEM software shall allow for control of SEM functions (vacuum, beam, stage, optics, scan speed, noise reduction, etc). Ability to display and mix 2 detectors shall be included. Images shall be stored as TIF or JPG (user-selectable), and shall have user-selectable image resolutions of approximately 1 megapixel (MP), 2 MP and 4 MP. Software shall allow user to make basic measurements (linear, circular, angular, etc) with at least 10 measurements per type.

1. SEM shall operate on 208 volt, 30 amp, single phase electrical power (vendor shall state electrical plug type, or if bare wires will be provided. A NEMA L10-30 receptacle is currently available, Gov’t can provide matching L10-30 plug if needed). Ancillary equipment (e.g. computers, monitors, vacuum pumps) may be powered either from the SEM or from standard 110 volt wall outlets. External transformers are not permitted.

1. Vacuum roughing pump(s) will be located in an adjacent room, approximately 10 feet from the rear of the SEM console. Sufficient lengths of electrical cables, communication cables, etc shall be provided. 110 volt power is available in the adjacent room if needed for pump(s) and chiller.

10. Vacuum roughing pump shall be oil-free design.

10. A turbomolecular pump shall be used for high vacuum levels.

1. SEM shall not require compressed (shop) air or chilled water.

1. SEM shall include a color chamber camera for viewing sample holder position and a chamber door mounted, integrated overview camera for “image navigation” which coordinates an image of the sample holder with stage movement/position.

1. Sample holders shall be included. SEM software shall be capable of selecting different holders and automatically moving stage to user-selectable positions on each holder.

13. 2 qty: large sample holder (adjustable vertical clamping blocks)

13. 2 qty: small sample holder (similar to above)

13. 1 qty: small multi-jaw chuck (drill chuck or similar)

13. 2 qty: multi-position holder for 8 to 10 qty 1/2-inch diameter stubs

13. 3 qty: multi-position holder for 15 to 20 qty 1/2-inch diameter stubs

1. SEM vendor shall include installation, setup, and operator training (3 days on-site). EDS training shall be provided by SEM vendor or EDS vendor. Gov’t will provide equipment movers to offload, uncrate and move system into room.

1. System shall include the SEM and EDS, along with a standard commercial warranty of at least 12 months after Gov’t acceptance. The SEM shall include a 3-year servicing period after the conclusion of the initial warranty period, including at least 1 preventative maintenance visit per year.

1. SEM and EDS Vendors shall have similar systems installed in at least 5 Gov’t or large commercial facilities within the past 2 years. Vendor shall provide a list of these locations and the systems installed.

1. Radiation Safety: Per NAVSEA S0420-AA-RAD-010 “RADIOLOGICAL AFFAIRS SUPPORT PROGRAM MANUAL”, the system shall provide sufficient radiation (X-ray) shielding so that measured radiation is less than 0.5 mrem/hour (5.0 Sv/hr) at 5 cm from all external surfaces. The system will be checked by the local Radiation Safety Officer, and the system will not be accepted by the Gov’t if levels exceed specified values. System shall include at least 1 visual indicator to identify if the electron beam is on or off (e.g. a light or software icon).

1. Optional: Gov’t requests trade-in consideration on existing SEM/EDS system. System is a Zeiss EVO 50 EP (extended pressure) SEM equipped with an EDAX EDS system and TSL electron backscatter diffraction (EBSD) system. Vendor shall state if trade-in will be accepted and shall show trade-in amount on quote. The following conditions shall be accepted by the vendor:

18. SEM/EDS/EBSD systems are in full working condition. Gov’t will demonstrate functionality to vendor representative upon request.

18. SEM computer and EDS/EBSD computer will have hard drives removed due to security restrictions for the data. This will render SEM/EDS/EBSD inoperable.

18. Vendor shall disassemble SEM/EDS/EBSD system. System will be available for disassembly up to 5 business days prior to delivery of new system. Disassembly shall be completed prior to installation of new system. Gov’t will provide equipment movers to move SEM console outside of building, and to Gov’t shipping office if needed for freight pickup. Gov’t will dispose of vacuum pump oil, coolant and any other hazardous materials.

18. Vendor shall arrange for removal / shipping of system and all components within 30 days of final acceptance of new system.

1. NOTE: Personnel shall be US citizens, or shall bring a valid foreign passport, in order to gain access to China Lake Naval Weapons Center. This includes disassembly/installation/training personnel and freight drivers. It is recommended to inform all delivery companies of this policy, as drivers will be refused entry, preventing delivery of system until correct arrangements are made. Gov’t shall not be charged additional shipping costs incurred if a driver is refused access.

Section D - Packaging and Marking

D-TXT-03PACKAGING AND MARKING OF SHIPMENTS (APR 2002)
The Contractor shall preserve, package and mark all shipments in accordance with ASTM (American Society of Testing and Materials) D3951-98, Standard Practice for Commercial Packaging.

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN
DELIVERY DATE
QUANTITY
SHIP TO ADDRESS
DODAAC / CAGE
0001
183 dys. ADC
1
CDR NAWCWD CODE 4L4200D

DANIEL HARRIS

1900 N. KNOX RD - MAILSTOP 6303

CHINA LAKE CA 93555-6100

760-939-1649 FOB: Destination N68936

CLAUSES INCORPORATED BY REFERENCE

52.211-17
Delivery of Excess Quantities
SEP 1989
52.242-15
Stop-Work Order
AUG 1989
52.247-34
F.O.B. Destination
NOV 1991
52.211-9DESIRED AND REQUIRED TIME OF DELIVERY (JUN 1997)
(a) The Government desires delivery to be made according to the following schedule:

DESIRED DELIVERY SCHEDULE

ITEM
QUANTITY
WITHIN DAYS AFTER DATE OF CONTRACT
Scanning Electron Microscope
1
Delivery is desired within 6 months (183 days) after award of contract

If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. However, the offeror's proposed delivery schedule must not extend beyond the time for delivery in the Government's required delivery schedule as follows:

REQUIRED DELIVERY SCHEDULE

ITEM
QUANTITY
WITHIN DAYS AFTER DATE OF CONTRACT
Scanning Electron Microscope
1
Delivery is required within 9 months (274 days) after award of contract

Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply.

OFFEROR'S PROPOSED DELIVERY SCHEDULE

ITEM
QUANTITY
WITHIN DAYS AFTER DATE OF CONTRACT
Scanning Electron Microscope
1

*Propose delivery date/schedule here

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated. Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

Section G - Contract Administration Data

252.204-7006
Billing Instructions
OCT 2005

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(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.

“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

COMBO

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

Not a service (Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]

(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
TBD***
Issue By DoDAAC
N68936
Admin DoDAAC**
TBD***
Inspect By DoDAAC
N68936
Ship To Code
N68936
Ship From Code
TBD***
Mark For Code
N/A
Service Approver (DoDAAC)
N/A
Service Acceptor (DoDAAC)
N/A
Accept at Other DoDAAC
N/A
LPO DoDAAC
N/A
DCAA Auditor DoDAAC
N/A
Other DoDAAC(s)
N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(***To be assessed and completed at the time of award)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(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.

Luke.s.kelley@navy.mil and daniel.connor@navy.mil (Contracting Officer: Insert applicable information or “Not applicable.”)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

G-TXT-01ATTENTION! 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-03CONTRACTOR 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 H - Special Contract Requirements

5252.211- 9510CONTRACTOR 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.

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
52.203-19
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
52.204-22
Alternative Line Item Proposal
JAN 2017
52.204-23
Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.209-6
Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-10
Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.212-4
Contract Terms and Conditions--Commercial Items
OCT 2018
52.219-4 (Dev)
Notice of Price Evaluation Preference for HUBZone Small Business Concerns (DEVIATION 2019-O0003).
JAN 2019
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
52.222-19
Child Labor -- Cooperation with Authorities and Remedies
JAN 2018
52.222-21
Prohibition Of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
SEP 2016
52.222-35
Equal Opportunity for Veterans
OCT 2015
52.222-36
Equal Opportunity for Workers with Disabilities
JUL 2014
52.222-37
Employment Reports on Veterans
FEB 2016
52.222-40
Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-50
Combating Trafficking in Persons
JAN 2019
52.222-54
Employment Eligibility Verification
OCT 2015
52.223-18
Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.223-20
Aerosols
JUN 2016
52.223-21
Foams
JUN 2016
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
252.204-7003
Control Of Government Personnel Work Product
APR 1992
252.204-7012
Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.209-7004
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
252.225-7012
Preference For Certain Domestic Commodities
DEC 2017
252.225-7016
Restriction On Acquisition Of Ball and Roller Bearings
JUN 2011
252.225-7021
Trade Agreements--Basic
DEC 2017
252.225-7048
Export-Controlled Items
JUN 2013
252.225-7978 (Dev)
Restriction on Acquisition of Certain Magnets and Tungsten. (DEVIATION 2019-O0006)
JAN 2019
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
252.244-7000
Subcontracts for Commercial Items
JUN 2013
252.246-7003
Notification of Potential Safety Issues
JUN 2013
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) (MAY 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.

52.223-7NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)
(a) The Contractor shall notify the Contracting Officer or designee, in writing, 10 days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the item on notice as to the hazards involved (OMB No. 9000-0107).
(b) If there has been no change affecting the quantity of the activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive such notice requirement in paragraph (a) of this clause. Any such request shall-
(1) Be submitted in writing;
(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and
(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.
(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater or exceeds 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of contract.
(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.
52.252-2CLAUSES 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.
52.252-6AUTHORIZED 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 No. Item description N/A

(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 No. Item description N/A

(If items are 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 paragraphs (c)(1)(i), (ii), (iii), or

(iv) of this clause for which the contractor creates and marks a unique item identifier 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 identifier 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, 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, the Contractor shall report as part of, or associated with, 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 N/A , Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.

(g) Subcontracts. If the Contractor acquires by subcontract any items 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
52.203-18
Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements--Representation
JAN 2017
52.204-5
Women-Owned Business (Other Than Small Business)
OCT 2014
52.204-16
Commercial and Government Entity Code Reporting
JUL 2016
52.204-19
Incorporation by Reference of Representations and Certifications.
DEC 2014
252.204-7008
Compliance With Safeguarding Covered Defense Information Controls
OCT 2016
252.225-7031
Secondary Arab Boycott Of Israel
JUN 2005
252.247-7022
Representation Of Extent Of Transportation Of Supplies By Sea
AUG 1992
52.209-5CERTIFICATION 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;

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