New Mac PCB.docx

N6893621R0041

Section A - Solicitation/Contract Form

CLAUSES INCORPORATED BY FULL TEXT

FOR YOUR INFORMATION:

The following addresses and points of contact are provided:

Email address: edwin.labra@navy.mil

U.S. Postal Service Mailing Address:

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

The government intends to issue multiple contracts for firm-fixed price, indefinite delivery, indefinite quantity (FFPIDIQ) type contracts, with a 5-year period of performance.

The minimum order quantity for Years One through Five is 1 unit. There shall be no maximum order quantity limit. Orders will be issued in accordance with the Ordering Clause and the Statement of Work in this contract. Payment will be made via Government Purchase Card except when ordered using SF1449.

The Printed Circuit Board program ceiling is $7,500,000. Although each awarded contract will have a $7,500,000 ceiling, the ordering of units under the program cannot exceed a cumulative total of all orders placed of $7,500,000.

Section B - Supplies or Services and Prices

Board Fabrication

FFP

The contractor shall provide fabrication of Printed Circuit Boards in accordance with the Statement of Work (SOW) in Section C. The entire SOW is applicable, however, fabrication is specifically addressed in paragraph 3.1.

FOB: Destination

PURCHASE REQUEST NUMBER: 1300838003

PSC CD: 5998

MAX

NET AMT

Board Population

The contractor shall provide fabrication of Printed Circuit Boards in accordance with the Statement of Work (SOW) in Section C. The entire SOW is applicable, however, population is specifically addressed in paragraph 3.2.

FOB: Destination

MAX

Contract Data Requirements List (CDRLs)

The contractor shall provide CDRLs In accordance with form DD 1423.

FOB: Destination

MAX

Section C - Descriptions and Specifications

STATEMENT OF WORK

STATEMENT OF WORK

FOR

PRINTED CIRCUIT BOARD (PCB) MANUFACTURING,

PCB ASSEMBLY/POPULATION,

AND SOLDER PASTE STENCILS

1. SCOPE

This Statement of Work (SOW) defines the Two-pronged effort to procure Printed Circuit Boards (PCB), and Finished PCB Assemblies for use at the Naval Air Warfare Center Weapons Division (NAWCWD). These prototype and production PCBs and Assemblies will be used for various development and test programs. Contract awardees will be allowed a fair opportunity to compete for orders valued at greater than $3,500 under this requirement. The contractor may use their in-house capability or subcontract effort to business suppliers in accordance with regulatory limitations identified elsewhere in the contract. Subcontractors must meet the same requirements stated herein for Contractors.

1. APPLICABLE DOCUMENTS

IPC-6012 Qualification and Specifications for Rigid Printed Boards

IPC-6013 Qualification and Specifications for Flexible Printed Boards

IPC-600 Acceptability of Printed Circuit Boards

IPC-610 Acceptability of Electronic Assemblies

IPC-7711/7721 Rework, Modification and Repair of Electronic Assemblies

1. REQUIREMENTS/SPECIFICATIONS

Using Government-provided Gerber files, drill files, drawings, applicable parts lists and assembly instructions, the contractor shall provide one or more of the following services: manufacture PCBs and/or Finished Electronic Assemblies for the NAWCWD. The contractor shall be capable of accepting listed documentation submitted via File Transfer Protocol (FTP), secure FTP, on a CD shipped directly to contractor, or via a DoD controlled password protected download site (such as AMRDEC SAFE). All Design data is subject to ITAR and shall only be distributed by one of the aforementioned methods. The contractor shall accept orders either orally or via electronic mail, and quotations shall be delivered to NAWCWD via electronic mail or telefax. Purchase orders may be in different forms and formats, but the contractor shall always accept government form DD1449 as a purchase order. Quotes requiring less than one week delivery shall be submitted no more than 1 business day after the request. Quotes requiring more than one week delivery shall be submitted within 3 business days. Quotes not returned within these timelines will be considered a NO BID.

0. PCB Fabrication.

The contractor shall maintain a capability to produce multi-layer as well as single- and double-sided PCBs in accordance with IPC-6012 Class 2 and Class 3/A and/or IPC-6013 Class 2 and Class 3, as appropriate.

0. The range of PCB physical size manufacturing capability shall be maximized; procurements of very small- and very large-sized PCBs should be anticipated.

0. Contractor processes shall be capable of employing mixed component technologies (both surface mount and through-hole).

0. The contractor shall have the capability to control and verify impedance on all PCBs. The contractor shall be able to supply boards with both conductive and non-conductive epoxy hole-fill on holes as small as 8 mils.

0. The contractor shall be able to supply boards with vias plated shut and vias with copper caps.

0. The contractor shall be able to supply boards with micro vias, sequential micro vias, and laser drilled vias. The contractor shall maintain a capability to produce PCBs suitable for population with Ball Grid Array (BGA) and Land Grid Array (LGA) integrated circuits in accordance with IPC-6012.

0. The contractor shall provide boards with finished pad and trace sizes no smaller than detailed in the design files.

0. The contractor shall maintain a capacity to produce boards with trace pitch down to 0.102 mm (0.004 inches) and with drilled hole positioning drift of less than 0.003 inch per 24-inch panel.

0. The contractor shall maintain a capability to produce PCBs with surface finishes of Tin/Lead, Silver, Gold fingers, ENIG, OSP, Hard Gold, and Soft Gold.

0. Markings will include, but not be limited to, permanent sequential serial numbers when required. Solder masking and silkscreen capability shall be available.

0. In addition, the contractor shall have the capability to accept an IPC-356A net list from the board designer and compare it to the net list taken off of the newly fabricated PCB and be able to test the finished PCBs using a bed of nails, flying probe, or other industry acceptable testing method.

0. NetList shall not be extracted from government provided Gerber data for the purposes of NetList testing.

0. The contractor shall be capable of fabrication of Flex and Rigid-Flex circuits.

0. The contractor shall provide physical cross-section (micro-section), Drill coupons and full documentation with delivery of each order of Class 3 (IPC-6012 or IPC-6013) PCBs.

0. Reworked boards may be accepted at the discretion of the government on a case by case basis provided that the rework/repair meets the requirements and guidance set forth in IPC-7711/7721.

0. The contractor shall silkscreen identification numbers to each fabricated printed circuit board. The specific identification number will be in accordance with the Government specification, provided at the order level.

0.

0. Electronic Assembly

1. The contractor shall have the ability to produce single and doubled-sided finished assemblies using leaded solder and solder paste, Restriction of Hazardous Substances (ROHS) compliant Lead free, and have the ability to handle hybrid Leaded/ROHS assemblies.

1. All finished assemblies shall be produced in accordance with JSTD-001 Class 2, IPC-610, Class 2 and Class 3. The class determination will be specified at the order level.

1. All assemblies shall have parts placed by Pick and Place machine insertion. Any exceptions shall be identified within the Government provided specifications at the order level. All finished assemblies shall use the identification number form the silkscreen on the fabricated printed circuit board.

1. Any shortage of parts from the Government provided parts kit shall be reported to within 3 days of receipt of delivery

1. All assemblies shall be 100% inspected to IPC-A-610 by either an IPC certified quality assurance inspector or an AOI inspection machine prior to being shipped to the government.

1. The Government will only accept printed boards that meet the specification and meet IPC-A-610 inspection standard.

0. X-RAYS

0. The contractor shall perform a post-solder X-ray inspection of all Class 3 BGAs and LGAs. An electronic copy of all X-rays shall be provided to the Government with the completed assemblies. The electronic copies shall include the printed circuit board unique identification number. (CDRLA001)

0. BGA REBALLING

The contractor shall be able to Re-ball BGA assemblies down to a pin pitch of .4mm with Leaded Solder balls.

0. SOLDER PASTE STENCIL

The contractor shall provide assembly Solder Stencil(s) to the Government from the order upon request.

0. TURN KEY

If the Government RFQ is for a complete Turn-Key assembly then the vendor shall provide a quotation document containing costs and proposed sub-contractors for PCB fabrication, finished assembly, and electronic parts. The Vendor shall provide an alternate or modified BOM with the individual electronic parts, number, cost and vendor purchased from. (CDRL A002)

0. Delivery The delivery schedule shall be specified at the order level.

0. Quality Program

7. The contractor shall have quality control processes in-place to maintain product quality. As applicable, the contractor shall maintain a quality program that complies with IPC-600, IPC-610, IPC-6012, and IPC-6013.

7. One hundred percent (100%) of all Class 3 boards shall be inspected by an IPC-A-600 Certified Quality Assurance Inspector.

7. The contractor shall be able to provide Class 3 products when required.

7. Certifications sent with every Class 3 order will include at a minimum the following five documents:

3. PCB Lot Certification of Conformance (CDRL A001)

3. Electrical Test Certification of Conformance against the government provided IPC-356A net list (CDRL A001)

3. Final Test Inspection Report (CDRL A003)

3. Manufacturer’s Material Test Report (CDRL A004)

3. Micro section test report (CDRL A005)

1. MISCELLANEOUS

3. Certification requirements differ for Class 2 and Class 3 boards (as defined in IPC-6012 and 6013):

The contractor shall comply with all applicable certifications in accordance with regulatory and statutory requirements, including the following:

0. Class 2 certification requirements:

0. United States/Canada Joint Certification Program (JCP) REQUIRED. http://www.dlis.dla.mil/JCP/Default.aspx

0. International Traffic in Arms Regulations (ITAR) Certification REQUIRED. https://www.pmddtc.state.gov/registration/index.html

0. ISO9000 compliance REQUIRED. http://www.iso.org/iso/iso_9000

0. Class 3 certification requirements:

0. United States/Canada Joint Certification Program (JCP) REQUIRED. http://www.dlis.dla.mil/JCP/Default.aspx

0. International Traffic in Arms Regulations (ITAR) Certification REQUIRED. https://www.pmddtc.state.gov/registration/index.html

0. AS9100 Certification REQUIRED. http://asq.org/as9100/

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS

NAWCWD

RECEIVING OFFICER

OR

FOB: Destination

Section G - Contract Administration Data

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): COMBO

(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.

(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.

(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*

(*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).)

(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.

(Contracting Officer: Insert applicable information or “Not applicable.”)

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

(End of clause)

*To be filled out at Contract Award

*To be filled out at Contract Award.

G-TXT-03 CONTRACTOR ACCESS TO NAVAL AIR WARFARE CENTER WEAPONS DIVISION CHINA LAKE (JUL 2014)

Contractors requiring access to the Naval Air Warfare Center Weapons Division China Lake are required to have credentials in Defense Biometric Identification System (DIBIDS) 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.

SUBMISSION OF INVOICES (FIXED PRICE)

(a) "Invoice" as used in this clause does not include contractor's requests for progress payments.

(b) The contractor shall submit an original invoice with 3 copies to Commander, Attn: * , Code * , Naval Air Warfare Center Weapons Division, China Lake, CA 93555-6100 for all items ordered under this contract.

(c) A copy of every invoice shall also be provided to the Contract Department, at the address shown below:

Commander Code 220000D (E. Labra)

NAVAIRWARCENWPNDIV

429 E. Bowen Rd - Stop 4015 China Lake, CA 93555-6108

(d) Each invoice will be supported by individual delivery tickets, signed by an authorized employee, substantially the same as the Sample Individual Delivery Ticket, Attachment (1).

(e) The contractor's final invoice shall be identified as such, and list all other invoices (if any) previously tendered under this contract.

(f) The Government will provide the contractor with the Government's Purchase Card Account Number, within 2 business days of receipt of invoice.

(g) If the contractor does not receive approval or a rejected invoice within 7 business days of submitting the invoice, the contractor is authorized to process a Visa/Mastercard/Governmentwide Commercial Purchase Card (GCPC) Program transaction for the invoiced amount.

PURCHASE CARD BILLING:

Please contact * , Code * , telephone (760) 939-XXXX for purchase card billing instructions.

*To be filled out at Contract Award.

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 $3,500.00 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 WITHDRAWAL 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 $3,500.00

Orders valued at $3,500.00 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 $3,500.00 AND $10,000.00

Orders estimated to be valued over $3,500.00 up to $10,000.00 will be competed using the procedures described herein.

ORDERS GREATER THAN $10,000.00

Orders that are estimated to exceed $10,000.00 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.

H-TXT-EQR California earthquake recovery efforts July 2019 - Earthquake Recovery

Emergency acquisition flexibilities identified in FAR 18.203, "Emergency Declaration or Major Disaster Declaration" and DFARS 218.203 "Incidents of national significance, emergency declaration, or major disaster declaration" as they relate to the California earthquake recovery efforts identified on July 2019 apply to this procurement.

Contracting officers consult the Disaster Response Registry via the System for Award Management (SAM) to determine the availability of contractors for debris removal, distribution of supplies, reconstruction, and other disaster or emergency relief activities inside the United States and outlying areas. See FAR 26.2 as it relates to disaster or emergency assistance activities.

Section I - Contract Clauses

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2018-O0021) (JUL 2021)

(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) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 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.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 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 (JUL 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 (OCT 2020) (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 (NOV 2020).

(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. 55305 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.

* To be completed at contract award

52.219-13 Notice of Set-Aside of Orders (MAR 2020)

(a) The Contracting Officer may set aside orders for the small business concerns identified in 19.000(a)(3).

(b) The Contracting Officer will give notice of the order or orders, if any, to be set aside for small business concerns identified in 19.000(a)(3) and the applicable small business program. This notice, and its restrictions, will apply only to the specific orders that have been set aside for any of the small business concerns identified in 19.000(a)(3).

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (NOV 2020)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern--

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

(b) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.

(d) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.

(e) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(f) Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause, or with its offer for an order (see paragraph (c) of this clause), that the data have been validated or updated, and provide the date of the validation or update.

(g) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (f) or (h) of this clause.

(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:

(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code assigned to contract number .

(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.

(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a women-owned small business concern.

(4) Women-owned small business (WOSB) concern eligible under the WOSB Program. [Complete only if the Contractor represented itself as a women-owned small business concern in paragraph (h)(3) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(4)(i) of this clause is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture.

[The Contractor shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: .] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

(5) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the Contractor represented itself as a women-owned small business concern eligible under the WOSB Program in (h)(4) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not an EDWOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (h)(5)(i) of this clause is accurate for each EDWOSB concern participating in the joint venture. [The Contractor shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: .] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a veteran-owned small business concern.

(7) [Complete only if the Contractor represented itself as a veteran-owned small business concern in paragraph (h)(6) of this clause.] The Contractor represents that it [ ] is, [ ] is not a service-disabled veteran-owned small business concern.

(8) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that--

(i) It [ ] is, [ ] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and

(ii) It [ ] is, [ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (h)(8)(i) of this clause is accurate for each HUBZone small business concern participating in the HUBZone joint venture.