Solicitation - FA461022Q0022.pdf
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- Solicitation number
- FA461022Q0022
About this file
This solicitation is for non-profit organizations to provide services and expertise for the operation and management of the STARBASE Academy program at Vandenberg Space Force Base in California. The contractor will be required to perform all work in accordance with the attached performance work statement from March 2022. The base period of performance is from 1 July 2022 to 30 June 2023, with four 12-month option periods extending to 30 June 2027. The contract will be fixed-price. Offerors must be registered in SAM and utilize the attached SF1449 to submit their quote by 12:00 PM PDT on 6 June 2022 via email. Questions are due by 12:00 PM PDT on 20 May 2022. The solicitation provides contract line items for base and option year services and materials with pricing terms and delivery schedules.
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
Created On: 12 May 2022, 08:22 AM Pacific Standard Time
Solicitation/Contract Form
STARBASE Academy Vandenberg Space Force Base
Proposal Identifier: FA461022Q0022 Date: 12 May 2022
Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Qty Unit Unit Price
Amount
Base Year - Services and expertise necessary for the operation and management of the DoD STARBASE Program at Vandenberg Space Force Base (VSFB), California. The Contractor shall provide all services for the management and operation of the STARBASE program in accordance with the attached Performance Work Statement (PWS), dated March 2022.
Period of Performance: 1 Jul 2022 - 30 Jun 2023 Contract Specialist POC: Jessica Ecker (805) 606-2515, jessica.ecker.
@spaceforce.mil
Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
12 Months
Base Year - Materials The contractor shall provide materials as necessary to support mission as described in PWS para 5.5 upon approval from the Contracting Officer Representative.
This CLIN is a Government-provided not to exceed amount of $20,000.00
Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
1 Lot
Option Line Item
Option 1 - Services and expertise necessary for the operation and management of the DoD STARBASE Program at Vandenberg Space Force Base (VSFB), California. The Contractor shall provide all services for the management and operation of the STARBASE program in accordance with the attached Performance Work Statement (PWS), dated March 2022.
Period of Performance: 1 Jul 2023 - 30 Jun 2024 Contract Specialist POC: Jessica Ecker (805) 606-2515, jessica.ecker.
@spaceforce.mil
Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Option 1 - Materials The contractor shall provide materials as necessary to support mission as described in PWS para 5.5 upon approval from the Contracting Officer Representative.
This CLIN is a Government-provided not to exceed amount of $20,000.00
Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
1 Lot
Option Line Item
Option 2 - Services and expertise necessary for the operation and management of the DoD STARBASE Program at Vandenberg Space Force Base (VSFB), California. The Contractor shall provide all services for the management and operation of the STARBASE program in accordance with the attached Performance Work Statement (PWS) dated March 2022.
Period of Performance: 1 Jul 2024 - 30 Jun 2025 Contract Specialist POC: Jessica Ecker (805) 606-2515, jessica.ecker.
@spaceforce.mil
Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Option 2 - Materials The contractor shall provide materials as necessary to support mission as described in PWS para 5.5 upon approval from the Contracting Officer Representative.
This CLIN is a Government-provided not to exceed amount of $20,000.00
Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
1 Lot
Option Line Item
Option 3 - Services and expertise necessary for the operation and management of the DoD STARBASE Program at Vandenberg Space Force Base (VSFB), California. The Contractor shall provide all services for the management and operation of the STARBASE program in accordance with the attached Performance Work Statement (PWS) dated March 2022.
Period of Performance: 1 Jul 2025 - 30 Jun 2026 Contract Specialist POC: Jessica Ecker (805) 606-2515, jessica.ecker.
@spaceforce.mil
Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Option 3 - Materials The contractor shall provide materials as necessary to support mission as described in PWS para 5.5 upon approval from the Contracting Officer Representative.
This CLIN is a Government-provided not to exceed amount of $20,000.00
Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
1 Lot
Option Line Item
Option 4 - Services and expertise necessary for the operation and management of the DoD STARBASE Program at Vandenberg Space Force Base (VSFB), California. The Contractor shall provide all services for the management and operation of the STARBASE program in accordance with the attached Performance Work Statement (PWS) dated March 2022.
Period of Performance: 1 Jul 2026 - 30 Jun 2027 Contract Specialist POC: Jessica Ecker (805) 606-2515, jessica.ecker.
@spaceforce.mil
Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Option 4 - Materials The contractor shall provide materials as necessary to support mission as described in PWS para 5.5 upon approval from the Contracting Officer Representative.
This CLIN is a Government-provided not to exceed amount of $20,000.00
Product Service Code: U009 Pricing Arrangement: Firm Fixed Price
1 Lot
Description/Specifications/Statement of Work
Requirements This solicitation is open to NON-PROFIT organizations only.
The purpose of this effort is to obtain the services and expertise necessary for the operation and management of the Department of Defense (DoD) STARBASE Program at Vandenberg Space Force Base (VSFB), California.
Services non-personal. Contractor to provide personnel, labor, tools, materials, and equipment necessary to perform in accordance with the Performance Work Statement (PWS).
Packaging and Marking
Inspection and Acceptance
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. Apr 2012
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Please contact the Contract Specialist if you have any questions for this requirement.
DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Inspection and Acceptance Location
Both Destination Instructions: Please contact the Contract Specialist if you have any questions for this requirement.
DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Please contact the Contract Specialist if you have any questions for this requirement.
DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker
Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Please contact the Contract Specialist if you have any questions for this requirement.
DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Please contact the Contract Specialist if you have any questions for this requirement.
DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Please contact the Contract Specialist if you have any questions for this requirement.
DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Please contact the Contract Specialist if you have any questions for this requirement.
DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Please contact the Contract Specialist if you have any questions for this requirement.
DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Please contact the Contract Specialist if you have any questions for this requirement.
DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Please contact the Contract Specialist if you have any questions for this requirement.
DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Email: jessica.ecker.1@spaceforce.mil
Deliveries or Performance
Overall Contract Delivery Period
Contractor Destination
Line Item Delivery Schedule QTY Address and POC
Delivery Period From 01 Jul 2022 to 30 Jun 2023
Period of Performance From 01 Jul 2022 To 30 Jun 2023
12 Months Service Performance Site DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Delivery Period From 01 Jul 2022 to 30 Jun 2023
Period of Performance From 01 Jul 2022 To 30 Jun 2023
1 Lot Service Performance Site DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Option Line Item
Delivery Period From 01 Jul 2023 to 30 Jun 2024
12 Months Service Performance Site DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Period of Performance From 01 Jul 2023 To 30 Jun 2024
Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Option Line Item
Delivery Period From 01 Jul 2023 to 30 Jun 2024
Period of Performance From 01 Jul 2023 To 30 Jun 2024
1 Lot Service Performance Site DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Option Line Item
Delivery Period From 01 Jul 2024 to 30 Jun 2025
Period of Performance From 01 Jul 2024 To 30 Jun 2025
12 Months Service Performance Site DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Option Line Item
Delivery Period From 01 Jul 2024 to 30 Jun 2025
Period of Performance From 01 Jul 2024
1 Lot Service Performance Site DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil
To 30 Jun 2025
Option Line Item
Delivery Period From 01 Jul 2025 to 30 Jun 2026
Period of Performance From 01 Jul 2025 To 30 Jun 2026
12 Months Service Performance Site DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Option Line Item
Delivery Period From 01 Jul 2025 to 30 Jun 2026
Period of Performance From 01 Jul 2025 To 30 Jun 2026
1 Lot Service Performance Site DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Option Line Item
Delivery Period From 01 Jul 2026 to 30 Jun 2027
Period of Performance From 01 Jul 2026 To 30 Jun 2027
12 Months Service Performance Site DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil Telephone: 805-606-2515
Delivery Period 1 Lot Service Performance Site
Option Line Item
From 01 Jul 2026 to 30 Jun 2027
Period of Performance From 01 Jul 2026 To 30 Jun 2027
DoDAAC: F4D1A1 CountryCode: USA
F4D1A1 30 OG OGB
AF NO MILSBILLS PROC CP 8056069765
806 13TH ST BLDG 7015
VANDENBERG AFB, CA 93437-5221
UNITED STATES
Jessica Ecker Email: jessica.ecker.1@spaceforce.mil
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause-
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
N/A
(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.
Invoice 2in1
(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.
(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC ____ Issue By DoDAAC ____ Admin DoDAAC ____ Inspect By DoDAAC ____ Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) ____ Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____ (*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.
Contract Specialist: Jessica R. Ecker, 805-606-2515, jessica.ecker.1@spaceforce.mil Contracting Officer: Alyson Kolding, 805-606-4692, alyson.
kolding@spaceforce.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Special Contract Requirements
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2021 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-10 Waste Reduction Program. May 2011 52.223-19 Compliance with Environmental Management Systems. May 2011 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.245-1 Government Property. Sep 2021
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. May 2016
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2021
252.204-7022 Expediting Contract Closeout. May 2021 252.205-7000 Provision of Information to Cooperative Agreement Holders. Dec 1991 252.211-7007 Reporting of Government-Furnished Property. Aug 2012 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Dec 2010 252.225-7001 Buy American and Balance of Payments Program. Dec 2017 252.225-7002 Qualifying Country Sources as Subcontractors. Dec 2017
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Apr 2019
252.232-7010 Levies on Contract Payments. Dec 2006
252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.
Apr 2020
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jun 2013 252.243-7002 Requests for Equitable Adjustment. Dec 2012 252.244-7000 Subcontracts for Commercial Items. Oct 2020 252.245-7002 Reporting Loss of Government Property Jan 2021 252.245-7003 Contractor Property Management System Administration Apr 2012
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. Dec 1989
As prescribed in 4.103 , insert the following clause:
Approval of Contract (Dec 1989)
This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.
(End of clause)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services. Jan 2022
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Jan 2022)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 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)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C.
2402).
[ X ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
[ X ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111- 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ X ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
[ ] (5) [Reserved].
[ X ] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).
[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[ ] (10) [Reserved].
[ ] (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).
[ ] (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (13) [Reserved]
[ ] (14)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-6.
[ ] (15)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-7.
[ ] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
[ ] (17)
(i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (Nov 2016) of 52.219-9.
[ ] (iii) Alternate II (Nov 2016) of 52.219-9.
[ ] (iv) Alternate III (Jun 2020) of 52.219-9.
[ ] (v) Alternate IV (Sep 2021) of 52.219-9.
[ ] (18)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-13.
[ ] (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).
[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).
[ ] (22)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-28.
[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (15 U.S.C. 637(m)).
[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) (15 U.S.C. 637(m)).
[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
[ ] (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
[ X ] (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
[ X ] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).
[ X ] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[ X ] (30)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
[ ] (ii) Alternate I (Feb 1999) of 52.222-26.
[ X ] (31)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (Jul 2014) of 52.222-35.
[ ] (32)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (Jul 2014) of 52.222-36.
[ ] (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
[ X ] (35)
(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (36) 52.222-54, Employment Eligibility Verification (Nov 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[ ] (37)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
[ ] (40)
(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (Oct 2015) of 52.223-13.
[ ] (41)
(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (Jun2014) of 52.223-14.
[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
[ ] (43)
(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (Jun 2014) of 52.223-16.
[ X ] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
[ ] (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
[ ] (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
[ ] (47)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
[ ] (ii) Alternate I (Jan 2017) of 52.224-3.
[ ] (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).
[ ] (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[ ] (ii) Alternate I (Jan 2021) of 52.225-3.
[ ] (iii) Alternate II (Jan 2021) of 52.225-3.
[ ] (iv) Alternate III (Jan 2021) of 52.225-3.
[ ] (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[ X ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 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. 2302Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307 (f)).
[ ] (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[ X ] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
[ ] (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[ ] (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[ ] (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[ ] (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
[ ] (63)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[ ] (ii) Alternate I (Apr 2003) of 52.247-64.
[ ] (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
[ X ] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
[ X ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ X ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C.
chapter 67).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
[ X ] (7) 52.222-55, Minimum Wages Under Executive Order 14026 (Jan 2022).
[ X ] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. 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 (Nov 2021) (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 (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, 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 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (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 (Nov 2021) (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 Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (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 (Jun 2020) (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 (Nov 2021) (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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-8 Option to Extend Services. Nov 1999
As prescribed in 17.208(f), insert a clause substantially the same as the following:
Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days before the contract expires.
(End of clause)
52.217-9 Option to Extend the Term of the Contract. Mar 2000
As prescribed in 17.208(g), insert a clause substantially the same as the following:
Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 15 Days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 Years.
(End of clause)
DFARS Clauses Incorporated by Full Text
252.245-7004 Reporting, Reutilization, and Disposal Dec 2017
As prescribed in 245.107(5), use the following clause:
REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017)
(a) As used in this clause-Definitions.
(1) "Demilitarization" means the act of eliminating the functional capabilities and inherent military design features from DoD personal property. Methods and degree range from removal and destruction of critical features to total destruction by cutting, tearing, crushing, mangling, shredding, melting, burning, etc.
(2) "Export-controlled items" means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations [(ITAR)] (22 CFR parts 120-130). The term includes-
(i) "Defense items," defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, etc.; and
(ii) "Items," defined in the EAR as "commodities," "software," and "technology," terms that are also defined in the EAR, 15 CFR 772.1.
(3) "Ineligible transferees" means individuals, entities, or countries-
(i) Excluded from Federal programs by the General Services Administration as identified in the System for Award Management Exclusions located at https://www.acquisition.gov;
(ii) Delinquent on obligations to the U.S. Government under surplus sales contracts;
(iii) Designated by the Department of Defense as ineligible, debarred, or suspended from defense contracts; or
(iv) Subject to denial, debarment, or other sanctions under export control laws and related laws and regulations, and orders administered by the Department of State, the Department of Commerce, the Department of Homeland Security, or the Department of the Treasury.
(4) "Scrap" means property that has no value except for its basic material content. For purposes of demilitarization, scrap is defined as recyclable waste and discarded materials derived from items that have been rendered useless beyond repair, rehabilitation, or restoration such that the item's original identity, utility, form, fit, and function have been destroyed. Items can be classified as scrap if processed by cutting, tearing, crushing, mangling, shredding, or melting. Intact or recognizable components and parts are not "scrap."
(5) "Serviceable or usable property" means property with potential for reutilization or sale "as is" or with minor repairs or alterations.
(b) Unless disposition instructions are otherwise included in this contract, the Contractor shall complete SF Inventory disposal schedules.
1428, Inventory Schedule B, within the Plant Clearance Automated Reutilization Screening System (PCARSS). Information on PCARSS can be obtained from the plant clearance officer and at http://www.dcma.mil/WBT/PCARSS/.
(1) The SF 1428 shall contain the following:
(i) If known, the applicable Federal Supply Code (FSC) for all items, except items in scrap condition.
(ii) If known, the manufacturer name for all aircraft components under Federal Supply Group (FSG) 16 or 17 and FSCs 2620, 2810, 2915, 2925, 2935, 2945, 2995, 4920, 5821, 5826, 5841, 6340, and 6615.
(iii) The manufacturer name, make, model number, model year, and serial number for all aircraft under FSCs 1510 and 1520.
(iv) See Appendix 2 of DLM 4000.25-2, Military Standard Transaction Reporting and Appropriate Federal Condition Codes.
Accounting Procedures (MILSTRAP) manual, edition in effect as of the date of this contract. Information on Federal Condition Codes can be obtained at http://www.dla.mil/HQ/InformationOperations/DLMS/elibrary/manuals/MILSTRAP/.
(2) If the schedules are acceptable, the plant clearance officer shall complete and send the Contractor a DD Form 1637, Notice of Acceptance of Inventory.
(c) Unless otherwise provided in the contract, the proceeds of any sale, purchase, or retention shall be-Proceeds from sales of surplus property.
(1) Forwarded to the Contracting Officer;
(2) Credited to the Government as part of the settlement agreement;
(3) Credited to the price or cost of the contract; or
(4) Applied as otherwise directed by the Contracting Officer.
(d) If demilitarization, mutilation, or destruction of contractor inventory is required, the Demilitarization, mutilation, and destruction.
Contractor shall demilitarize, mutilate, or destroy contractor inventory, in accordance with the terms and conditions of the contract and consistent with Defense Demilitarization Manual, DoDM 4160.28-M, edition in effect as of the date of this contract. The plant clearance officer may authorize the purchaser to demilitarize, mutilate, or destroy as a condition of sale provided the property is not inherently dangerous to public health and safety.
(e) The Contractor shall dispose of classified contractor inventory in accordance with applicable security Classified Contractor inventory.
guides and regulations or as directed by the Contracting Officer.
(f) Contractor inventory dangerous to public health or safety shall not be disposed of unless Inherently dangerous Contractor inventory.
rendered innocuous or until adequate safeguards are provided.
(g) Consistent with contract terms and conditions, property disposition shall be in Contractor inventory located in foreign countries.
accordance with foreign and U.S. laws and regulations, including laws and regulations involving export controls, host nation requirements, Final Governing Standards, and Government-to-Government agreements. The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause.
(h) Disposal of scrap.
(1) Contractor with scrap procedures.
(i) The Contractor shall include within its property management procedure, a process for the accountability and management of Government-owned scrap. The process shall, at a minimum, provide for the effective and efficient disposition of scrap, including sales to scrap dealers, so as to minimize costs, maximize sales proceeds, and, contain the necessary internal controls for mitigating the improper release of non-scrap property.
(ii) The Contractor may commingle Government and contractor-owned scrap and provide routine disposal of scrap, with plant clearance officer concurrence, when determined to be effective and efficient.
(2) The plant clearance officer may require the Contractor to secure from scrap buyers a DD Form 1639, Scrap Warranty.Scrap warranty.
(i) Sale of surplus Contractor inventory.
(1) The Contractor shall conduct sales of contractor inventory (both useable property and scrap) in accordance with the requirements of this contract and plant clearance officer direction.
(2) Any sales contracts or other documents transferring title shall include the following statement:
``The Purchaser certifies that the property covered by this contract will be used in (name of country). In the event of resale or export by the Purchaser of any of the property, the Purchaser agrees to obtain the appropriate U.S. and foreign export or re-export license approval.
(j) Restrictions on purchase or retention of Contractor inventory.
(1) The Contractor may not knowingly sell the inventory to any person or that person's agent, employee, or household member if that person-
(i) Is a civilian employee of the DoD or the U.S. Coast Guard;
(ii) Is a member of the armed forces of the United States, including the U.S. Coast Guard; or
(iii) Has any functional or supervisory responsibilities for or within the DoD's property disposal/disposition or plant clearance programs or for the disposal of contractor inventory.
(2) The Contractor may conduct Internet-based sales, to include use of a third party.
(3) If the Contractor wishes to bid on the sale, the Contractor or its employees shall submit bids to the plant clearance officer prior to soliciting bids from other prospective bidders.
(4) The Contractor shall solicit a sufficient number of bidders to obtain adequate competition.
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