NAVAIR Clauses in Full Text Supplemental Document.pdf

Supplement to the combined synopsis/solicitation for the TH-57 Engine Repair NAVAIR Clauses in Full Text

5252.204-9501 NATIONAL STOCK NUMBERS

USE: In Section B of solicitations/contracts/BOAs when a National Stock Number (NSN) is required for supply items being acquired and/or provisioned items (spare parts, etc.).

5252.211-9507 PERIOD OF PERFORMANCE

USE: In Section F in solicitations/contracts to identify the exact period of performance at time of award.

5252.211-9507 PERIOD OF PERFORMANCE (NAVAIR) (MAR 1999)

(a) The contract shall commence on [insert effective date] and shall continue [insert “for a period of months” or provide a calendar date]. However, the period of performance may be extended in accordance with the option provisions contained herein.

(b) If FAR Clause 52.216-18, “Ordering”, is incorporated into this contract, then the period in which the Government can issue orders under the contract will be extended at the exercise of an option, and extended to the end of that option period.

5252.216-9506 MINIMUM AND MAXIMUM QUANTITIES

USE: In Section F in solicitations/contracts that contain 52.216-22.

5252.216-9512 PAPERLESS CONTRACTING

Use in Section H in all new solicitations for delivery order type contracts/agreements.

5252.216-9534 TASK ORDERS PROCEDURES

USE: In Section H in IDIQ solicitations/contracts for services or level of effort contracts with task orders, when an ordering officer is to be appointed.

5252.217-9507 OVER AND ABOVE WORK REQUESTS

USE: In Section H in firm-fixed price solicitations/contracts requiring performance of over and above maintenance, overhaul, modification or repair. Use separate fixed-price line items, work request procedures and specify dollar limits. DFARS 252.217-7028 must be incorporated into the contract.

5252.242-9511 CONTRACT ADMINISTRATION DATA

USE: In Section G in all solicitations/contracts unless there is a valid justification to not assign contract administration to DCMA.

5252.242-9511 CONTRACT ADMINISTRATION DATA (NAVAIR)(NOV 2017)

(a) Contract Administration Office.

(1) Contract administration functions (see FAR 42.302(a) and DFARS 242.302(a)) are assigned to: See the ADMINISTERED BY Block on the face page of the contract, modification, or order.

(b) Special Instructions (see FAR 42.202(b) and (c)):

(1) The following contract administration functions are retained (see FAR 42.302(a) and DFARS 242.302(a)):

Functions Retained Retained for Performance By:

[Insert function from FAR 42.302(a) or DFARS 242.302(a)]

[Insert PCO, COR, Requiring Activity, or TPOC for each function.]

[Repeat as necessary.]

(2) The following additional contract administration functions are assigned (see FAR 42.302(b)):

Additional Functions Retained for Performance By:

[Insert function from FAR 42.302(b) or other function identified as necessary for administration of the contract.]

[Insert "See the ADMINISTERED BY Block on the face page of the contract, modification or order.”]

[Repeat as necessary.]

(c) Inquiries regarding payment should be referred to: MyInvoice through the Wide Area Workflow eBusiness Suite: https://wawf.eb.mil/.

5252.245-9520 ASSOCIATE CONTRACTOR CLAUSE

USE: In Section H in solicitations/contracts when Associate Contractor Agreements are required and additional requirements for integrated data are not needed.

5252.245-9520 ASSOCIATE CONTRACTOR CLAUSE (NAVAIR) (OCT 2005)

(a)(1) This clause is intended to ensure that there will be appropriate coordination/integration of work by the [specify weapons systems] associate contractors to ensure complete compatibility between equipment, data, and services for the [specify weapons systems] to prevent unnecessary duplication of effort and in order to maximize commonality.

(2) The price of this contract makes provision for the performance of the work called for in the Associate Contractor Agreements as required by this clause, in support of this contract.

(b) The Associate Contractors are as follows:

Contractors: ___________________________________

(c) The contractor shall work and maintain close liaison with the associate contractors listed in paragraph (b) above. In order to assure accomplishment of this objective, the contractor shall enter into a written Associate Contractor Agreement with each of the other applicable associate contractors.

(d) Each Associate Contractor Agreement between the contractor and an associate contractor shall provide for complete and unbiased exchange of technical information and interface data (data) relating to their detailed responsibilities and procedures. The following is a guide to be used in the development of each agreement:

(1) Identification of the data to be furnished among the associate contractors to facilitate procedures/schedules for the exchange of data. Descriptive detail of the data to be furnished or exchanged, with a specific date for delivery of each item thereof and containing such other mutual covenants and agreements that may be desirable or required to assure delivery or exchange of said data in a timely manner and in a condition suitable for use by the recipient. (For example, this may extend to all information pertaining and essential to the design, development, fabrication, test, interface, modification and installation of equipment and provision of services hereunder to the extent that each party may require such information to ensure the compatibility of their respective equipment, data and services.)

(2) Services to be provided by one contractor to another (including such services as clerical support to visiting associate contractor personnel, unscheduled maintenance and technical support for equipment, etc.) to facilitate the performance of the respective contracts and the period(s) of time the services are to be provided to assure necessary interface actions and support activities.

(3) The materials to be provided to each other by the respective contractors in performance.

(4) The facilities and their location to be provided by each contractor to accommodate personnel assigned to provide the associate contractor’s integration and support services, assurance of adequate working areas, power requirements, office space and communication equipment which are essential for timely completion of the integration/support services.

(5) Delineation of respective interface responsibilities.

(6) Provision for furnishing copies to communications relative to performance of associate contractor responsibilities.

(e) In the event this exchange of data results in the need to obtain access to proprietary information, the contractor agrees to include in the Associate Contractor Agreements the terms and conditions under which the contractor and associate contractors agree to exchange such proprietary information. The Contractor hereby agrees not to use, modify, reproduce, release, perform, display, or disclose such proprietary information unless specifically authorized in writing to do so under the Associate Contractor Agreements.

(f) The Associate Contractor Agreements shall permit the exchange of data between the associate contractors.

The Agreements shall be structured so that all contractors and associate contractors are obligated to protect proprietary information from all unauthorized use or disclosure for as long as such information remains proprietary.

(g) “Proprietary Information” means information that embodies trade secrets developed at private expense or business, commercial, or financial information that is privileged or confidential provided that such information:

[_____] is not known or available from other sources without obligations concerning its confidentiality;

[_____] has not been made available by the owners to others without obligation concerning its confidentiality;

[_____] is not already available to the Government without obligation concerning its confidentiality; and [_____] has not been developed independently by persons who have had no access to the information.

(h) Each Associate Contractor Agreement shall be submitted to the Government for review prior to execution.

Following Government concurrence and execution by both associate contractors, each Associate Contractor Agreement may be made an attachment to this contract. The Associate Contractor Agreements are for information purposes only and shall not be subject to or governed by this contract. In the event of a conflict between the terms of this contract and terms of the aforesaid agreement, the terms of this contract shall control.

(i) Where the contractor and an associate contractor fail to agree upon action to be taken in connection with their respective responsibilities, each contractor shall promptly notify the cognizant PCO and furnish the contractor’s recommendations for a solution. The contractor shall not be relieved of its obligations to make timely deliveries or be entitled to any other adjustment because of the contractor and its associate failure to: (1) resolve Associate Contractor Agreements disputes; (2) promptly refer matters to the PCO; or (3) to implement PCO directions.

5252.246-9512 INSPECTION AND ACCEPTANCE

USE: In Section E in solicitations/contracts to describe the inspection and acceptance process.

5252.246-9512 INSPECTION AND ACCEPTANCE (NAVAIR) (OCT 2005)

(a) Inspection and acceptance of the supplies or services to be furnished hereunder shall be performed by [insert the accepting authority].

(b) Acceptance of all Contract Line Items/Sub Line Items (CLINs/SLINs) shall be made by signature of the accepting authority on a DD Form 250 submitted through the WAWF system. Acceptance will only occur when the accepting authority is sure that inspections performed demonstrate compliance with contract requirements.

5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND

INFORMATION

USE: In Section E in solicitations/contracts with DD Form 1423 requirements.

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, Material Inspection and Receiving Report, as appropriate, and/or upon receipt of a second endorsement acceptance by the PCO on the attachment to this contract entitled [insert title of attachment, e.g., NAWCTSD 4330/60 Data Item Transmittal/Acceptance/ Rejection Form].

The attached form will not be used for high cost data such as drawings, specifications, and technical manuals.

5252.246-9517 CONSTRUCTIVE ACCEPTANCE PERIOD

USE: In Section E in solicitations/contracts when FAR 52.232-25 is incorporated into the contract, and more than seven days are needed for inspection.

5252.246-9517 CONSTRUCTIVE ACCEPTANCE PERIOD (NAVAIR) (MAR 1999)

For the purpose of FAR Clause 52.232-25, “Prompt Payment”, paragraph (a)(5)(i), Government acceptance shall be deemed to have occurred constructively on the [insert the number of days] day after the contractor delivered the supplies or performed the services.

5252.247-9505 TECHNICAL DATA AND INFORMATION

USE: In Section F in solicitations/contracts with DD Form 1423 requirements.

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 [insert exhibit number(s)], 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) PCO, Code [insert code].

(2) ACO, Code [insert code].

[insert additional code addresses, as necessary]

(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: [insert the abbreviation and mailing address to match]

5252.247-9508 PROHIBITION AND LIMITATIONS FOR PACKAGING MATERIALS

USE: In Section D in solicitations/contracts when supplies or reports are sent to any military installation.

5252.247-9508 PROHIBITION AND LIMITATIONS FOR PACKAGING MATERIALS

(NAVAIR) (AUG 2019)

The use of loose fill materials, asbestos, excelsior, newspaper and shredded paper (all types) are prohibited. In addition, all Wood Packaging Materials (WPM) shall be heat treated or chemically treated in accordance with the requirements of the International Standards for Phytosanitary Measures (ISPM) 15:2009, "Regulation of Wood Packaging Material in International Trade."

5252.247-9514 TECHNICAL DATA PACKING INSTRUCTIONS

USE: In Section D in solicitations/contracts with DD Form 1423 requirements and special markings are required as described.

5252.247-9514 TECHNICAL DATA PACKING INSTRUCTIONS (NAVAIR) (SEP 1999)

Technical Data and Information shall be packed and packaged for domestic shipment in accordance with best commercial practices. The package or envelope should be clearly marked with any special markings specified in this contract (or delivery/task order), e.g., Contract Number, CLIN, Device No., and document title must be on the outside of the package. Classified reports, data and documentation, if applicable, shall be prepared for shipment in accordance with Defense Industrial Manual for Safeguarding Classified Information, DoD 5520.22M.

DTXT.247-9507 PACKAGING AND MARKING OF REPORTS

USE: In Section D in solicitations/contracts requiring contractor submittal of reports. Prior to use, coordinate with the requiring activity to identify the items within paragraph (b) (yellow highlights) that will be required for reports and revise list if necessary.

DTXT.247-9507 PACKAGING AND MARKING OF REPORTS (NAVAIR) (OCT 2021)

(a) All unclassified data shall be prepared for shipment in accordance with best commercial practice. Classified reports, data and documentation, if any, shall be prepared for shipment in accordance with the National Industry Security Program Operating Manual, 32 CFR Part 117.

(b) The contractor shall prominently display on the cover of each report the following information:

(1) Name and business address of contractor.

(2) Contract Number/Delivery/Task order number.

(3) Contract/Delivery/Task order dollar amount.

(4) Whether the contract was competitively or non-competitively awarded.

(5) Name of sponsoring individual.

(6) Name and address of requiring activity.

GTXT-0001 PAYMENT INSTRUCTIONS (APR 2018)

FOR GOVERNMENT USE ONLY

Contract/Order Payment Clause

Type of Payment Request Supply Service Construction

Payment Office

Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions— Commercial Items

52.216-7, Allowable Cost and Payment

52.232-7, Payments under Time-and- Materials and Labor- Hour Contracts

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

52.232-1, Payments Navy Shipbuilding Invoice (Fixed Price)

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

52.232-1, Payments;

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

52.232-3, Payments under Personal Services Contracts;

52.232-4, Payments under Transportation Contracts and

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

Transportation-Related Services Contracts; and

52.232-6, Payments under Communication Service Contracts with Common Carriers

52.232-5, Payments Under Fixed-Price Construction Contracts

Construction Payment Invoice

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

52.232-16, Progress Payments

Progress Payment*

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

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

52.232-30, Installment Payments for Commercial Items

Commercial Item Financing*

X X N/A Specified in approved payment.

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

52.232-32, Performance-Based Payments

Performance- Based Payments*

X X N/A Specified in approved payment.

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

252.232-7002, Progress Payments for Foreign Military Sales Acquisitions

Progress Payment*

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

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

GTXT.201-9500 TECHNICAL POINT OF CONTACT (TPOC)

USE: Use in Section G in solicitations/contracts to identify the Technical Point of Contact (TPOC) that will perform technical functions relating to the contract and/or perform certain administration functions/duties on behalf of the requiring activity. This assignment supports the necessary contract involvement of the requiring activity to ensure successful contract performance. See NAVAIRINST 4200.57, Contract Administration and Use of Contracting Officer’s Representatives.