RFQ N00383-21-Q-R331.pdf

ORDER FOR SUPPLIES OR SERVICES

(Contractor must submit four copies of invoice.)

PAGE 1 OF

1.CONTRACT/PURCH ORDER NO. 2.DELIVERY ORDER NO. 3.DATE OF ORDER

(YY/MM/DD)

4.REQUISITION/PURCH REQUEST NO. 5.PRIORITY

TBD 07/21/2022 N0038321PR0R331 DO-A1A

6.ISSUED BY CODE N00383 7.ADMINSTERED BY (If other than 6) CODE S2401A

NAVSUP WEAPON SYSTEMS SUPPORT

700 ROBBINS AVENUE

PHILADELPHIA, PA 19111-0598

Attn: Ryan Fitzpatrick, N731.38 Ryan.t.fitzpatrick5.civ@us.navy.mil

DCMA TWIN CITIES

5600 AMERICAN BLVD W

SUITE 600

BLOOMINGTON,MN 55437-0000

8.DELIVERY

FOB

DEST

OTHER

(See Schedule if other)

SCD: B

9.CONTRACTOR CODE 13499 FACILITY CODE 10.DELIVER TO FOB POINT BY

(Date)(YY/MM/DD)

11.X IF

BUSINESS IS

SMALL

SMALL DISAD

VANTAGED

WOMEN-OWNED

NAME AND

ADDRESS

ROCKWELL COLLINS INC

400 COLLINS ROAD NE

CEDAR RAPIDS,IA 52498-0001

UEI NUMBER: J4Q3HP6NHK47

SEE SCHEDULE

12.DISCOUNT TERMS

NET 30

13.MAIL INVOICES TO THE ADDRESS IN BLOCK

SEE BLOCK 15

14.SHIP TO CODE 15.PAYMENT WILL BE MADE BY CODE HQ0339 MARK ALL

PACKAGES AND

PAPERS WITH

CONTRACT OR

ORDER NUMBER

SEE SCHEDULE DFAS - COLUMBUS CENTER

WEST ENTITLEMENT OPERATIONS

P.O. BOX 182317

COLUMBUS, OH 43218-2317 EFT:T

16.

TYPE

OF

ORDER

DELIVER This delivery order is issued on another Government agency or in accordance with and subject to terms and conditions of above numbered contract.

PURCHASE X

Reference your email with Trisha Watts to furnish the following on terms specified herein.

ACCEPTANCE. THE CONTRACTOR HEREBY ACCEPTS THE OFFER REPRSENTED BY THE NUMBERED PURCHASE ORDER AS IT MAY PREVIOUSLY HAVE BEEN OR IS NOW MODIFIED, SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET FORTH, AND AGREES

TO PERFORM THE SAME.

NAME OF CONTRACTOR SIGNATURE TYPED NAME AND TITLE DATE SIGNED

(YY/MM/DD)

If this box is marked, supplier must sign Acceptance and return the following number of copies:

17. ACCOUNTING AND APPROPRIATION DATA/LOCAL USE

AA 97-11X8242.2815/000/74152/0/065916/2D/PSPEE471556086/0MDF

18.

ITEM

NO.

19.

SCHEDULE OF SUPPLIES/SERVICE

20.QUANTITY

ORDERED/

ACCEPTED*

21.

UNIT

22.

UNIT PRICE

23.

AMOUNT

FMS CASE: SP-P-MDF

Country: Spain

* If quantity accepted by the Government is same as quantity ordered, indicate by X. If different, enter actual quantity accepted below quantity ordered and encircle.

24. UNITED STATES OF AMERICA

BY:

25. TOTAL

26.

DIFFERENCE CONTRACTING/ORDERING OFFICER

27.QUANTITY IN COLUMN 20 HAS BEEN

INSPECTED RECEIVED ACCEPTED, AND CONFORMS TO

THE CONTRACT EXCEPT AS NOTED:

b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE c. DATE

(YYYYMMMDD)

d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 28. SHIP. NO. 29.D.O. VOUCHER NO 30. INTITIALS

PARTIAL

FINAL

32. PAID BY 33.AMOUNT VERIFIED CORRECT FOR

f. TELEPHONE NUMBER g. E-MAILL ADDRESS

(717) 605- 31. PAYMENT 34. CHECK NUMBER

36. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT. COMPLETE

a.DATE

(YYYYMMMDD)

b. SIGNATURE AND TITLE OF CERTIFYING OFFICER PARTIAL 35. BILL OF LADING NO.

FINAL

37.RECEIVED

AT

38.RECEIVED BY (Print) 39.DATE

RECEIVED

(YY/MM/DD)

40.TOTAL CON-

TAINERS

41.S/R ACCOUNT NO 42.S/R VOUCHER NO.

DD FORM 1155, DEC 2001 PREVIOUS EDITION IS OBSOLETE

DD FORM 1155, DEC 2001 CONTINUATION SHEET

REF.NO. OF DOC. BEING

CONT’D

PAGE OF

N00383-21-Q-R331 2 57

NAME OF OFFEROR OR CONTRACTOR

Rockwell Collins Inc.

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT

UNIT

PRICE

AMOUNT

CLIN

SubCLIN

0001AA

0001AB

0001AC

0001AD

0002AA

0003AA

NSN/PART NUMBER and NOMENCLATURE MILSTRIP(TR)/Serial Number

EVALUATE, REPAIR AND/OR MODIFY all units as required in accordance with the latest approved revision of applicable drawings and specifications.

SEE PAGES 3-4 FOR PACKAGING

INSPECT & ACCEPT AT ORIGIN

DO NOT INDUCT TO CAV. NO FAST PAY.

NSN: 7R 5821 01-162-9449

PART NUMBER: 641-4324-003

NOM: RECEIVER,RADIO

M/F: PSPVE403640020, SERIAL NUMBER: 12178

M/F: PSPVE403640022, SERIAL NUMBER: 12244

M/F: PSPVE403640023, SERIAL NUMBER: 2657

M/F: PSPVE403640025, SERIAL NUMBER: 3652

NSN: 7R 5821 01-202-9228

PART NUMBER: 647-3488-002

NOM: RECEIVER-TRANSMITTE

M/F: PSPVE403220038, SERIAL NUMBER: 5643

NSN: 7R 5895 01-623-5032

PART NUMBER: 988-4862-006

NOM: SYNTHESIZER,ELECTRIC

M/F: PSPVE403520015, SERIAL NUMBER: 1384NX

FMS CASE: SP-P-MDF

SHIP TO: DSP002

MARK FOR: DSPV00

SUPADD: DA2MDF

SOLICITATION NOTES:

1. Please provide a quote including a RTAT for all items listed above. Please also declare FAR 15 or FAR 12 on these items. Lastly, we would like to request a cost breakdown or invoice data to support the proposed pricing.

EA

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:

FAR, DFARS and NMCARS at the Hill AFB website --http://farsite.hill.af.mil/VFFARa.htm

FAR only at the GSA website (click on “Regulations: FAR”) --http://www.acquisition.gov/far/index.html

DFARS and NMCARS only at the DPAP website --https://acquisition.navy.mil/rda/home/policy_and_guidance

NAVSUP and NAVSUP WSS specific Text and Statement of Work Language will be contained in the body of the contract.

CLAUSE NUMBER CLAUSE TITLE CLAUSE

DATE

FAR 52.202-1 Definitions (applicable >SAT)

NOV 2013

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform

Employees of Whistleblower Rights (applicable >SAT)

APR 2014

FAR 52.204-2 Security Requirements AUG 1996 FAR 52.204-7 System for Award Management JUL 2013 FAR 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 FAR 52.204-13 System for Award Management Maintenance JUL 2013 FAR 52.208-9 Contractor Use of Mandatory Sources of Supply or Services

(The contracting officer shall identify in the Contract Schedule the supplies or services that shall be purchased from a mandatory source and the specific source.)

MAY 2014

FAR 52.211-5 Material Requirements (not applicable to Commercial Items) AUG 2000 FAR 52.211-15 Defense Priority and Allocation Requirements APR 2008 FAR 52.211-17 Delivery of Excess Quantities (Applicable to fixed-price for Supplies) SEP 1989 FAR 52.213-3 Notice to Suppliers (applicable to unpriced purchase orders) APR 1984 FAR 52.213-4 Terms and Conditions - Simplified Acquisitions (Other Than Commercial Items)

NOTE: This clause contains a list of applicable FAR clauses incorporated by reference into this purchase order.

APR 2015

FAR 52.215-8 Order of Precedence - Uniform Contract Format OCT 1997 FAR 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small

Business Concerns

JAN 2016

FAR 52.219-30 Notice of Set-Aside for Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program

JAN 2016

FAR 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010

FAR 52.223-3 Hazardous Material Identification and Material Safety Data JAN 1997 FAR 52.223-6 Drug-Free Workplace MAY 2001 FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving AUG 2011 FAR 52.225-25 Prohibition On Contracting With Entities Engaging In Certain Activities Or

Transactions Relating To Iran-Representation And Certifications

(applicable to all acquisitions)

DEC 2012

FAR 52.232-23 Assignment of Claims (applicable >$3K) MAY 2014 FAR 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors DEC 2013 FAR 52.239-1 Privacy or Security Safeguards AUG 1996 FAR 52.243-1 Changes - Fixed-Price (applicable to a fixed-price contract for Supplies) AUG 1987

FAR 52.244-6 Subcontracts for Commercial Items DEC 2015

FAR 52.245-1 Government Property APR 2012

FAR 52.246-2 Inspection of Supplies - Fixed-Price

(applicable to all NAVSUP WSS acquisitions)

AUG 1996

FAR 52.247-29 F.O.B. Origin FEB 2006 FAR 52.247-65 F.O.B. Origin, Prepaid Freight -- Small Package Shipments JAN 1991 FAR 52.249-1 Termination for Convenience of the Government (Fixed Price) (Short Form)

(applicable to a fixed-price contract at or below $150K)

APR 1984

DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 DFARS 252.204-7000 Disclosure of Information AUG 2013 DFARS 252.204-7003 Control of Government Personnel Work Product APR 1992 DFARS 252.204-7004 Alternate A, System for Award Management

(applicable if clause FAR 52.204-7 applies)

FEB 2014

DFARS 252.204-7005 Oral Attestation of Security Responsibilities

(applicable if clause FAR 52.204-2 applies)

NOV 2001

DFARS 252.211-7000 Acquisition Streamlining OCT 2010

DFARS 252.225-7001 Buy American and Balance of Payments Program —BASIC

(applicable in place of FAR 52.225-1; applicable unless one or both of the following clauses apply to all items on the acquisition -- 252.225-7021 and/or

252.225-7036)

NOV 2014

DFARS 252.225-7002 Qualifying Country Sources as Subcontractors

(applicable when one of the following clauses is used -- 252.225-7001, 252.215-

7021 or 252.215-7036)

DEC 2012

DFARS 252.225-7013 Duty-Free Entry (applicable in place of FAR 52.225-8; does not apply to

Supplies that will NOT enter U.S. customs territory)

NOV 2014

DFARS 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings JUN 2011

DFARS 252.225-7021 Trade Agreements —BASIC (applicable in place of FAR 52.225-5; use if the

WTO GPA applies)

OCT 2015

DFARS 252.225-7025 Restriction on Acquisition of Forgings DEC 2009

DFARS 252.225-7030 Restriction on Acquisition of Carbon, Alloy, and Armor Steel Plate DEC 2006

DFARS 252.225-7031 Secondary Arab Boycott of Israel JUN 2005

DFARS 252.225-7036 Buy American - Free Trade Agreements - Balance of Payments Program —

BASIC

(applicable at or above $77,494, in place of FAR 52.225-3, or at or above $25K but <$202K and a Free Trade Agreement applies)

NOV 2014

DFARS 252.225-7036Alt I Buy American - Free Trade Agreements - Balance of Payments Program -

Alternate I (applicable at or above $25K but <$77,494)

NOV 2014

DFARS 252.225-7041 Correspondence in English

(applicable when contract performance will be wholly or in part in a foreign country)

JUN 1997

DFARS 252.225-7048 EXPORT CONTROLLED ITEMS JUNE 2013

DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports

(applies to all acquisitions)

JUN 2012

DFARS 252.232-7010 Levies on Contract Payments (applicable >$3K) DEC 2006

DFARS 252.235-7003 Frequency Authorization MAR 2014

DFARS 252.243-7001 Pricing of Contract Modifications (applicable to fixed-price type contracts) DEC 1991

DFARS 252.245-7000 Government-Furnished Mapping, Charting, and Geodesy Property APR 2012

DFARS 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property APR 2012

DFARS 252.245-7002 Reporting Loss of Government Property APR 2012

DFARS 252.245-7003 Contractor Property Management System Administration APR 2012

DFARS 252.245-7004 Reporting, Reutilization, and Disposal APR 2012

DFARS 252.246-7000 Material Inspection and Receiving Report MAR 2008

DFARS 252.246-7003 Notification of Potential Safety Issues (applicable to repairable or consumable parts that are critical safety items, and the repair or overhaul of these parts)

JUN 2013

DFARS 252.246-7007 Contractor Counterfeit Electronic Part Detection and Avoidance System MAY 2014

DFARS 252.247-7023 Transportation of Supplies by Sea APR 2014

ORDER PROCESSING

1. Unless stated otherwise, the unit prices and total amounts shown are not Firm Fixed Prices but are Monetary

Limitations. The contractor shall submit a price proposal and firm delivery to the NAVSUP Weapon Systems

Support (NAVSUP WSS), Attn: to the Buyer listed in Block 6 on Page 1 within 45 days after the date of this order or receipt of the unit(s) whichever is later, but in any event prior to 40% completion of the required repairs. In no event shall the total value of the order exceed $150,000.00.

2. In cases of Monetary Limitation Orders, upon mutual agreement, a Standard Form 30, Amendment of

Solicitation/Modification of Contract, shall be issued by the NAVSUP WSS establishing the firm fixed unit prices and delivery schedule for the articles to be serviced. The prices agreed to by the NAVSUP WSS or the prices established pursuant to FAR 52.233-1 "Disputes" clause shall be the contract prices.

3. Limitation of Liability for Monetary Limitation Orders. Prior to the approval of prices on this order, the contractor shall be permitted to stop work at any time it is reasonably estimated that the costs incurred with respect to this order, plus termination expense and profit, will exceed the monetary limitation set forth on page 1 of this order. In the event the contractor so stops work on this order, he shall promptly notify the NAVSUP WSS, Attn: to the Buyer listed in Block 6 on Page 1 of the amount of increase in monetary limitation which is reasonably required in order for the contractor to proceed further with the order. The Government shall not be obligated under any provisions of this order to pay the contractor any amount in excess of the monetary limitation as stated on page 1 of this order, if the prices have not been approved via Standard Form 30, Amendment of Solicitation/Modification of

Contract

4. Limitation of Articles to Be Serviced. The contractor shall not begin servicing of any article(s) where the total price to the Government (labor and parts) is reasonably expected to exceed 80% of the item replacement cost as shown below. Furthermore, whenever it becomes apparent, prior to the submission of the quotation, that the cost for completing the servicing of any article(s) will exceed the foregoing figure, the contractor will discontinue the servicing of such articles. In either of the foregoing events, the contractor shall promptly advise the NAVSUP WSS, Attn: to the Buyer listed in Block 6 on Page 1 with a copy to the Procuring Contracting Officer (PCO), of the estimated cost of servicing such article. The contractor will subsequently be advised by NAVSUP WSS PCO, if the article is to be serviced notwithstanding that the price for such servicing will exceed the figure above, or if determination is that servicing is to be discontinued. If the servicing is to be discontinued, NAVSUP WSS PCO will provide disposition instructions for the item.

ITEM REPLACEMENT COST *

0001 ____________________

*To be used for identification of Beyond Economical Repair (BER) units only, the replacement cost cited above is the latest replacement cost in NAVSUP WSS files. This figure shall be used for the purposes of this clause unless the contractor notifies the contracting officer in writing and both parties agree in writing to an updated replacement cost based on production run quantities of a new article in a configuration similar to the configuration of the article to be serviced.

WORK STATEMENT SPECIFICATIONS

1. The Contractor shall repair and/or modify subject equipment to a ready for issue serviceable operating condition and insure optimum reliability for the intended use in accordance with the applicable drawings/specifications established. The RFI/modified units shall be in accordance with the latest approved configuration.

2. Functions required to accomplish the above shall basically consist of the following tasks:

(a) Clean, visually inspect and bench test.

(b) Disassemble to the extent necessary to inspect for needed repairs, processes and parts or subassemblies required.

(c) Perform necessary repairs including rework and/or replace of parts of subassemblies.

(d) Reassemble, perform calibration, functionally test, perform acceptance inspection and prepare for shipment

3. Services required to accomplish the above objectives shall be IAW the contractor's established industrial shop methods/procedures and special tools and test equipment developed.

4. Service changes, bulletins, or modifications except as specified herein shall not be incorporated by the contractor under the contract without prior approval from the contracting officer.

5. Repair Parts and/or subassembly replacement:

(a) Parts and/or subassembly replacement shall be in accordance with the applicable drawings and specification.

(b) Parts and/or subassemblies determined jointly, by the cognizant Government inspector and the contractor, to be economically repairable shall be reworked by the contractor and used in so far as practical in lieu of using new parts.

6. Prior to induction for repair, the DCMC (QAR) must approve or disapprove the rejection of any item determined by the contractor as being beyond the limits for refurbishing.

7. Clause 52.246-2 Inspection of Supplies-Fixed-Price is applicable to this order.

8. The contractor is _____ is not __X__ required to provide a list of failed/replaced parts associated with the repair and or modification of the articles under this order. Any additional cost for this effort should be included in the repair price. The list will be forwarded in the same envelope that contains the DD250's that accompany the repaired unit during shipment.

WARRANTY FOR OVERHAUL AND REPAIR

1. Notwithstanding inspection and acceptance by the government of articles or services furnished under this contract or any provision of this contract concerning the conclusiveness thereof, the contractor warrants that at the time of delivery:

(a) Any part furnished or work done under this contract will be free from defects in material and workmanship and will conform with the specifications and all other requirements of this contract, and

(b) The preservation packaging, packing, and marking and the preservation for, and method of, shipment of any repaired or overhauled article will conform with the requirements of this contract.

2. Within one year after the delivery of any article repaired or overhauled under this contract, written notice may be given by the government to the contractor of any breach of the warranties in paragraph (1) of this clause as to such article. Within a reasonable time after such notice , the contracting officer shall advise the contractor either (I) that the contractor shall correct or reperform any defective or nonconforming services and replace any defective or nonconforming parts, or (II) that the government does not require correction or reperformance or services or replacement of parts. If the contractor is required to correct or reperform services or replace parts, it shall be at no cost to the government. If the contractor fails or refuses to correct or reperform services or to replace parts, the contracting officer may, by contract or otherwise, correct or replace with similar services and parts and charge to the contractor the cost occasioned to the government thereby or obtain an equitable adjustment in the contract price. If the government does not require correction or reperformance or services or replacement of parts, the contracting officer shall make an equitable adjustment in the contract price. Failure to agree upon any determination to be made under this clause shall be a dispute concerning a question of fact within the meaning of the disputes clause of this contract.

3. When return, correction, or replacement is required, transportation charges and responsibility for such articles or part thereof while in transit shall be borne by the contractor. However, the contractor’s liability for such transportation charges shall not exceed any amount equal to the cost of the transportation by usual commercial method of shipment between the place of delivery specified in this contract and the contractor’s plant, and return.

4. In lieu of the warranty marking labels contained in MIL-STD-129, the following warranty label shall be used:

Warranted at time of delivery, notification of breach of warranty required within 1 year of last actual delivery under this contract. Actual deliveries may differ from scheduled delivery schedules. Last scheduled delivery date:

OR

Warranted at time of delivery, notification of breach of warranty required within 1 year of the last delivery under this contract. Last delivery date:

5. Any articles or parts thereof corrected or furnished in replacement pursuant to this clause shall also be subject to all provisions of this clause to the same extent as items initially delivered. The warranty with respect to such articles or parts thereof shall be at the time of delivery, and any notice of breach of warranty shall be given in accordance with paragraph (2) above.

6. All implied warranties of merchantability and fitness for a particular purpose are hereby excluded from any obligation contained in this contract.

7. The rights and remedies of the government provided in this clause are in addition to and do not limit any rights afforded to the government by any other clause of this contract.

CONTRACT ADMINISTRATION

1. Nonconforming supplies as defined in FAR 46.101 will not be accepted without approval of the Procuring

Contracting Officer (PCO). .

2. The Administrative Contracting Officer (ACO) shall determine and insure that:

(a) All units determined by the contractor to be beyond economical shall bear a confirmation by the DCMC

QAR or ACO and shall accompany the contractor's evaluation to the NAVSUP WSS Procuring Contracting Officer

(PCO), ATTN: to the Buyer listed in Block 6 on Page 1

(b) A copy of the DD Form 250 entitiled "Material Inspection and Receiving Report" with the acceptance block signed by the authorized Government representative shall be packaged with each unit processed under this order.

(c) The contractor shall not incorporate any newly proposed modifications or changes into the items inducted under this order without prior approval of the NAVSUP WSS Procuring Contracting Officer (PCO).

(d) Each DD-Form 250 issued under this order shall bear the notation "Commercially Serviced Material."

(e) Any requests for additional funding above the established monetary limitation of this order, with appropriate reasons for the addition, to NAVSUP WSS, ATTN: to the Buyer listed in Block 6 on Page 1

(f) The completed units shall be identified by adding a decal or suitable marking on each unit in an easily accessible location and shall contain the following information:

(i) Contractor's name, federal manufacturer code or trademark.

(ii) Completion date of repair/work.

(iii) Contract number.

FAR 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT

AWARDS (JUL 2013) (Applicable at or above $25K)

(a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that would benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect cost.

“Month of award” means the month in which a contract is signed by the Contracting Officer or the month in which a first-tier subcontract is signed by the Contractor.

“Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)):

(1) Salary and bonus.

(2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial

Accounting Standards Board’s Accounting Standards Codification (FASB ASC) 718, Compensation-Stock

Compensation.

(3) Earnings for services under non-equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees.

(4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans.

(5) Above-market earnings on deferred compensation which is not tax-qualified.

(6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000.

(b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. No. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the

Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

(c) Nothing in this clause required the disclosure of classified information.

(d)

(1) Executive compensation of the prime contractor. As a part of its annual registration requirement in the

System for Award Management (SAM) database (FAR provision 52.204-7), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

(i) In the Contractor’s preceding fiscal year, the Contractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of

Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of

Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934

(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange

Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(2) First-tier subcontract information. Unless otherwise directed by the contracting officer, or as provided in paragraph (g) of this clause, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, the Contractor shall report the following information at http://www.fsrs.gov for that first tier subcontract. (The Contractor shall follow the instruction at http://www.fsrs.gov to report the data.)

(i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor’s parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) Subcontract number (the subcontract number assigned by the Contractor).

(vii) Subcontractor’s physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(viii) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(ix) The prime contract number, and order number if applicable.

http://www.sec.gov/answers/execomp.htm http://www.fsrs.gov/

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) Treasury account symbol (TAS) as reported in FPDS.

(xiv) The applicable North American Industry Classification System code (NAICS).

(3) Executive compensation of the first-tier subcontractor. Unless otherwise directed by the Contracting

Officer, by the end of the month following the month of award of a first-tier subcontract with a value of

$25,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first-tier subcontractor for the first-tier subcontractor’s preceding completed fiscal year at https://www.fsrs.gov , if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of

Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements and other forms of

Federal financial assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934

(15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange

Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

(e) The Contractor shall not split or break down first-tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph (d).

(f) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires.

(g)

(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the

Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the

Contractor does not need to report awards for that subcontractor

(h) The FSRS database at http://www.fsrs.gov will be prepopulated with some information from SAM and FPDS databases. If FPDS information is incorrect, the contractor should notify the contracting officer. If the SAM database information is incorrect, the contractor is responsible for correcting this information.

FAR 52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY

PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

https://www.fsrs.gov/ http://www.sec.gov/answers/execomp.htm

Any contract awarded as a result of this solicitation will be a DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15

CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

FAR 52.219-13 – NOTICE OF SET-ASIDE OF ORDERS (NOV 2011)

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).

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)

(applicable >$3K when performance is in the USA)

(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 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 (c) 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.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the 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) 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 assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards .

(d) 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.

http://www.sba.gov/content/table-small-business-size-standards

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) 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 that the data have been validated or updated, and provide the date of the validation or update.

(f) 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 (e) or (g) of this clause.

(g) 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:

The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code

______________ assigned to contract number ______________.[Contractor to sign and date and insert authorized signer's name and title].

FAR 52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)

(a) Definition. "Ozone-depleting substance," as used in this clause, means any substance the

Environmental Protection Agency designates in 40 CFR part 82 as-

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part

82, Subpart E, as follows:

Warning

Contains (or manufactured with, if applicable)*_________________________________, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

* The Contractor shall insert the name of the substance(s).

DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011)

(a) Definition. “Covered DoD official,” as used in this clause, means an individual that—

(1) Leaves or left DoD service on or after January 28, 2008; and

(2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served—

(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States

Code;

(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or

(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or

(ii) Serves or served in DoD in one of the following positions: program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.

(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service, without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.

(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the

Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C.

2105(c).

252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION

CONTROLS (DEC 2015)

a) Definitions. As used in this provision—

“Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.

(b) The security requirements required by contract clause 252.204-7012, Covered Defense Information and Cyber

Incident Reporting, shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.

(c) For covered contractor information systems that are not part of an information technology (IT) service or system operated on behalf of the Government (see 252.204-7012(b)(1)(ii))—

(1) By submission of this offer, the Offeror represents that it will implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting

Controlled Unclassified Information in Nonfederal Information Systems and Organizations” (see http://dx.doi.org/10.6028/NIST.SP.800-171), not later than December 31, 2017.

(2)(i) If the Offeror proposes to vary from any of the security requirements specified by NIST SP 800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of—

(A) Why a particular security requirement is not applicable; or

(B) How an alternative but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.

(ii) An authorized representative of the DoD CIO will adjudicate offeror requests to vary from NIST SP 800-171 requirements in writing prior to contract award. Any accepted variance from NIST SP 800-171 shall be incorporated into the resulting contract.

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (DEC 2015)

(a) Definitions. As used in this clause—

“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.

http://www.acq.osd.mil/dpap/dars/dfars/html/current/252204.htm#252.204-7012 http://dx.doi.org/10.6028/NIST.SP.800-171

“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.

“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.

“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.

“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in

DoD Instruction 5230.24, Distribution

Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.

“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.

“Covered defense information” means unclassified information that—

(i) Is—

(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or

(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and

(ii) Falls in any of the following categories:

(A) Controlled technical information.

(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).

(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.

(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).

“Cyber incident” means actions taken through the use of computer networks that result in an actual or potentially adverse effect on an information system and/or the information residing therein.

“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.

“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.

“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.

‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.

“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident.

“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS

252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.

(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall—

(1) Implement information systems security protections on all covered contractor information systems including, at a minimum—

(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government—

(A) Cloud computing services shall be subject to the security requirements specified in the clause

252.239-7010, Cloud Computing Services, of this contract; and

(B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or

(ii) For covered contractor information systems that are not part of an IT service or system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause—

(A) The security requirements in National Institute of Standards and Technology (NIST) Special

Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and

Organizations,” http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, as soon as practical, but not later than December 31, 2017. The Contractor shall notify the DoD CIO, via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award; or

(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection accepted in writing by an authorized representative of the DoD

CIO; and

(2) Apply other information systems security measures when the Contractor http://www.acq.osd.mil/dpap/dars/dfars/html/current/252227.htm#252.227-7013 http://www.acq.osd.mil/dpap/dars/dfars/html/current/252239.htm#252.239-7010 http://dx.doi.org/10.6028/NIST.SP.800-171 mailto:osd.dibcsia@mail.mil reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.

(c) Cyber incident reporting requirement.

(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall—

(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the

Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and

(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.

(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.

(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see http://iase.disa.mil/pki/eca/Pages/index.aspx.

(d)…