Solicitation - FA860922RB001.pdf

SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

FA860922RB001

Section A - Solicitation/Contract Form

KC-46 Initial Spares (KIS)

Proposal Identifier: FA860922RB001 Date: 15 Nov 2021

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.

Contract Type/Period of Performance: The contract shall be a Multiple Award Indefinite Delivery Indefinite Quantity (ID/IQ) Contract with a 10 year ordering period (if option exercised). Performance shall not extend more than one (1) year beyond the 10-year limit.

Basic Contract Period: The basic contract period shall be in effect from the effective date of the contract for a period of five (5) years. The basic contract period will include CLINs 0001-0004. Applicable to orders placed on the date of the basic award through 5 years (60) months thereafter. Order quantities will be identified on each individual order.

Option Contract Period: One (1) option for a period of five (5) years can be exercised on or before the last effective date of the Basic Contract Period.

Option Period 1: IAW FAR 52.217-9, Option 1 may be exercised any time before the end of the Basic Contract Period. Option 1 is applicable to orders placed during the 61-120 month period immediately following the initial ordering period. Option 1 will include CLINs 1002, 1003 and 1004. The CLINs for Option Period 1 will use the same CLIN structure from the basic period.

This contract will contain both commercial and non-commercial items and will utilize FAR Parts 12 and 15.

FAR Part 12 for commercial items and FAR Part 15 for non-commercial items.

Order Limitations:

Minimum Order: The Contractor is not obligated to furnish supplies or services covered by this contract in the amount of less than $1.00.

Maximum Order: The Contractor is not obligated to honor an order or series of order exceeding $1,894,000,000.00.

FMS: The Government anticipates that delivery orders for Foreign Military Sales (FMS) requirements will be issued under the contract. However, no orders for FMS Requirements will be issued unless a valid letter of Offer and Acceptance for the items to be ordered has been signed by the United States Government and the FMS Customer's Government. Orders for FMS requirements will identify the FMS customer, applicable funding, and other appropriate information.

Notes Applicable to Schedule:

a. *TBD, *TB, *0TBD, *TBC - Denotes To Be Determined and cited on each individual order. This is applicable to Cost/Price, Quantity, Quality Assurance, Ship To, Mark For, Requisition Number, Unit Price, Amount, ACRN, and ACRN total.

b. Each individual delivery order will specify items as Commercial or Non-Commercial and include the applicable clauses to cover the acquisition and shipment of items.

The table below provides the basic CLIN structure for the KC-46 Initial Spares (KIS) ID/IQ contract to be used on KIS delivery orders.

Item Supplies/Service Quantity Unit Unit Price Amount

Post-Award Conference:

This ONE-TIME USE CLIN is established to meet the minimum order requirements of this Indefinite Delivery Indefinite Quantity contract.

The contractor shall support the KC-46 Initial Spares (KIS) Post-Award Conference, which will be held virtually, on a date/time specified upon order award.

This CLIN shall be Firm-Fixed Price (FFP) and shall not exceed $1,000.00.

Firm Fixed Price

1 Lot

Initial Spares (Commercial Items):

The Contractor shall deliver KC-46 initial reparable spares in accordance with the Statement of Work (SOW), as required on individual delivery orders.

Ordering Period: 01 August 2022 through 31 July 2027.

This CLIN is Firm-Fixed Price (FFP).

Inspection/Acceptance is at Destination.

Contract Type: Per Individual Delivery Order Product Service Code: 1680

Initial Spares (Non-Commercial Items):

The Contractor shall deliver KC-46 initial reparable spares in accordance with the Statement of Work (SOW), as required on individual delivery orders.

Ordering Period: 01 August 2022 through 31 July 2027.

This CLIN is Firm-Fixed Price (FFP).

Inspection/Acceptance is at Source.

Contract Type: Per Individual Delivery Order Product Service Code: 1680

Initial Spares (Foreign Military Sales):

The Contractor shall deliver KC-46 initial reparable spares in accordance with the Statement of Work (SOW), as required on individual delivery orders.

Ordering Period: 01 August 2022 through 31 July 2027.

This CLIN is Firm-Fixed Price (FFP).

Inspection/Acceptance is at Source.

Contract Type: Per Individual Delivery Order Product Service Code: 1680

Option Line Item

Option 1 - Initial Spares (Commercial Items):

The Contractor shall deliver KC-46 initial reparable spares in accordance with the Statement of Work (SOW)), as required on individual delivery orders.

If exercised, the Ordering Period for CLIN 1002 is 01 August 2027 through 31 July 2032.

This CLIN is Firm-Fixed Price (FFP).

Inspection/Acceptance is at Destination.

Contract Type: Per Individual Delivery Order Product Service Code: 1680

Option Line Item

Option 1 - Initial Spares (Non-Commercial Items):

The Contractor shall deliver KC-46 initial reparable spares in accordance with the Statement of Work (SOW), as required on individual delivery orders.

If exercised, the Ordering Period for CLIN 1003 is 01 August 2027 through 31 July 2032.

This CLIN is Firm-Fixed Price (FFP).

Inspection/Acceptance is at Source.

Contract Type: Per Individual Delivery Order Product Service Code: 1680

Option Line Item

Option 1 - Initial Spares (Foreign Military Sales):

The Contractor shall deliver KC-46 initial reparable spares in accordance with the Statement of Work (SOW), as required on individual delivery orders.

If exercised, the Ordering Period for CLIN 1003 is 01 August 2027 through 31 July 2032.

This CLIN is Firm-Fixed Price (FFP).

Inspection/Acceptance is at Source.

Contract Type: Per Individual Delivery Order Product Service Code: 1680

Section C - Description/Specifications/Statement of Work

See KIS Statement of Work (SOW) entitled, "KC-46 Initial Spares" at Section J, Attachment 1, dated 19 October 2021.

Requirements The Contractor shall provide all requirements outlined in the SOW identified in this section.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-1 Contractor Inspection Requirements. Apr 1984 52.246-2 Inspection of Supplies-Fixed-Price. Aug 1996 52.246-16 Responsibility for Supplies. Apr 1984

FAR Clauses Incorporated by Full Text

52.246-15 Certificate of Conformance. Apr 1984

As prescribed in , insert the following clause in solicitations and contracts for supplies or services when the conditions in apply:46.315 46.504

CERTIFICATE OF CONFORMANCE (APR 1984)

When authorized in writing by the cognizant Contract Administration Office (CAO), the Contractor shall ship with a Certificate of (a) Conformance any supplies for which the contract would otherwise require inspection at source. In no case shall the Government's right to inspect supplies under the inspection provisions of this contract be prejudiced. Shipments of such supplies will not be made under this contract until use of the Certificate of Conformance has been authorized in writing by the CAO, or inspection and acceptance have occurred.

The Contractor's signed certificate shall be attached to or included on the top copy of the inspection or receiving report distributed to the (b) payment office or attached to the CAO copy when contract administration (Block10 of the DDForm250) is performed by the Defense Contract Administration Services. In addition, a copy of the signed certificate shall also be attached to or entered on copies of the inspection or receiving report accompanying the shipment.

The Government has the right to reject defective supplies or services within a reasonable time after delivery by written notification to the (c) Contractor. The Contractor shall in such event promptly replace, correct, or repair the rejected supplies or services at the Contractor's expense.

The certificate shall read as follows:(d)

I certify that on [ ], the [ ] furnished the TBD per individual delivery order insert date TBD per individual delivery order insert Contractor's name supplies or services called for by Contract No. via [ ] on TBD per individual delivery order TBD per individual delivery order Carrier TBD per

[ ] in accordance with all applicable requirements. I further certify that the individual delivery order identify the bill of lading or shipping document supplies or services are of the quality specified and conform in all respects with the contract requirements, including specifications, drawings, preservation, packaging, packing, marking requirements, and physical item identification (part number), and are in the quantity shown on this or on the attached acceptance document.

Date of Execution: Signature: Title: TBD per individual delivery order TBD per individual delivery order TBD per individual delivery order

(End of clause)

DFARS Clauses Incorporated by Full Text

252.229-7003 Tax Exemptions (Italy). Mar 2012

As prescribed in 229.402-70(c)(1), use the following clause:

TAX EXEMPTIONS ( ITALY ) (MAR 2012)

(a) As the Contractor represented in its offer, the contract price, including the prices in subcontracts awarded under this contract, does not include taxes from which the United States Government is exempt.

(b) The United States Government is exempt from payment of ( ) tax in accordance with Article 72 of the Imposta Valore Aggiunto IVA IVA implementing decree on all supplies and services sold to United States Military Commands in Italy .

(1) The Contractor shall include the following information on invoices submitted to the United States Government:

( ) The contract number.i

(ii) The tax exemption claimed pursuant to Article 72 of Decree Law 633, dated October 26, 1972 . IVA

(iii) The following fiscal code(s): [Contracting Officer must insert the applicable fiscal code(s) for military activities 91000190933 within Italy : 80028250241 for Army, 80156020630 for Navy, or 91000190933 for Air Force].

(2)( ) Upon receipt of the invoice, the paying office will include the following certification on one copy of the invoice:i

"I certify that this invoice is true and correct and reflects expenditures made in Italy for the Common Defense by the United States Government pursuant to international agreements. The amount to be paid does not include the tax, because this transaction is IVA not subject to the tax in accordance with Article 72 of Decree Law 633, dated October 26, 1972 ."

An authorized United States Government official will sign the copy of the invoice containing this certification.

(ii) The paying office will return the certified copy together with payment to the Contractor. The payment will not include the amount of the tax.IVA

(iii) The Contractor shall retain the certified copy to substantiate non-payment of the tax. IVA

(3) The Contractor may address questions regarding the tax to the Ministry of Finance, Office, Rome (06) 520741. IVA IVA

(c) In addition to the tax, purchases by the United States Forces in Italy are exempt from the following taxes: IVA

(1) (Production Tax for Petroleum Products). Imposta di Fabbricazione

(2) (Consumption Tax for Electrical Power). Imposta di Consumo

(3) (Customs Duties). Dazi Doganali

(4) e Merci per Via e per Via (Port Fees). Tassa di Sbarco d'Imbarco sulle Transportate Aerea Maritima

(5) de (Vehicle Circulation Tax). Tassa Circolazione sui Veicoli

(6) (Registration Tax). Imposta di Registro

(7) (Stamp Tax). Imposta di Bollo

(End of clause)

Section F - Deliveries or Performance

Contractor Destination

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.211-17 Delivery of Excess Quantities. Sep 1989 52.242-15 Stop-Work Order. Aug 1989 52.242-17 Government Delay of Work. Apr 1984 52.247-29 F.o.b. Origin. Feb 2006 52.247-30 F.o.b. Origin, Contractor's Facility. Feb 2006 52.247-31 F.o.b. Origin, Freight Allowed. Feb 2006 52.247-32 F.o.b. Origin, Freight Prepaid. Feb 2006 52.247-34 F.o.b. Destination. Nov 1991 52.247-35 F.o.b. Destination, Within Consignee's Premises. Apr 1984 52.247-44 F.o.b. Designated Air Carrier's Terminal, Point of Importation. Apr 1984 52.247-48 F.o.b. Destination-Evidence of Shipment. Feb 1999 52.247-58 Loading, Blocking, and Bracing of Freight Car Shipments. Apr 1984 52.247-59 F.o.b. Origin-Carload and Truckload Shipments. Apr 1984 52.247-65 F.o.b. Origin, Prepaid Freight-Small Package Shipments. Jan 1991

FAR Clauses Incorporated by Full Text

52.247-33 F.o.b. Origin, with Differentials. Feb 2006

As prescribed in , insert the following clause:47.303-5(c)

F.O.B. ORIGIN, WITH DIFFERENTIALS (FEB 2006)

The term "f.o.b. origin, with differentials," as used in this clause, means-(a)

Free of expense to the Government delivered-(1)

On board the indicated type of conveyance of the carrier (or of the Government, if specified) at a designated point in the city, county, (i) and State from which the shipments will be made and from which line-haul transportation service (as distinguished from switching, local drayage, or other terminal service) will begin;

To, and placed on, the carrier's wharf (at shipside, within reach of the ship's loading tackle, when the shipping point is within a port (ii) area having water transportation service) or the carrier's freight station;

To a U.S. Postal Service facility; or(iii)

If stated in the solicitation, to any Government-designated point located within the same city or commercial zone as the f.o.b. origin (iv) point specified in the contract (the Federal Motor Carrier Safety Administration prescribes commercial zones at Subpart B of ); and49 CFR part 372

Differentials for mode of transportation, type of vehicle, or place of delivery as indicated in Contractor's offer may be added to the (2) contract price.

The Contractor shall-(b)

(1) Pack and mark the shipment to comply with contract specification; or(i)

In the absence of specifications, prepare the shipment in conformance with carrier requirements to protect the goods and to ensure (ii) assessment of the lowest applicable transportation charge;

(2) Order specified carrier equipment when requested by the Government; or(i)

If not specified, order appropriate carrier equipment not in excess of capacity to accommodate shipment;(ii)

Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckload shipment (3) (when loaded by the Contractor) on or in the carrier's conveyance as required by carrier rules and regulations;

Be responsible for any loss of and/or damage to the goods-(4)

Occurring before delivery to the carrier;(i)

Resulting from improper packing and marking; or(ii)

Resulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the Contractor on or in (iii) the carrier's conveyance;

Complete the Government bill of lading supplied by the ordering agency or, when a Government bill of lading is not supplied, prepare a (5) commercial bill of lading or other transportation receipt. The bill of lading shall show-

A description of the shipment in terms of the governing freight classification or tariff (or Government rate tender) under which lowest (i) freight rates are applicable;

The seals affixed to the conveyance with their serial numbers or other identification;(ii)

Lengths and capacities of cars or trucks ordered and furnished;(iii)

Other pertinent information required to effect prompt delivery to the consignee, including name, delivery address, postal address and (iv) ZIP code of consignee, routing, etc.;

Special instructions or annotations requested by the ordering agency for bills of lading; (v) e.g., "This shipment is the property of, and ; andthe freight charges paid to the carrier will be reimbursed by, the Government"

The signature of the carrier's agent and the date the shipment is received by the carrier; and(vi)

Distribute the copies of the bill of lading, or other transportation receipts, as directed by the ordering agency.(6)

(c) It may be advantageous to the offeror to submit f.o.b. origin prices that include only the lowest cost to the Contractor for loading of (1) shipment at the Contractor's plant or most favorable shipping point. The cost beyond that plant or point of bringing the supplies to the place of delivery and the cost of loading, blocking, and bracing on the type vehicle specified by the Government at the time of shipment may exceed the offeror's lowest cost when the offeror ships for the offeror's account. Accordingly, the offeror may indicate differentials that may be added to the offered price. These differentials shall be expressed as a rate in cents for each 100 pounds (CWT) of the supplies for one or more of the options under this clause that the Government may specify at the time of shipment.

These differential(s) will be considered in the evaluation of offers to determine the lowest overall cost to the Government. If, at the time (2) of shipment, the Government specifies a mode of transportation, type of vehicle, or place of delivery for which the offeror has set forth a differential, the Contractor shall include the total of such differential costs (the applicable differential multiplied by the actual weight) as a separate reimbursable item on the Contractor's invoice for the supplies.

The Government shall have the option of performing or arranging at its own expense any transportation from Contractor's shipping plant (3) or point to carrier's facility at the time of shipment and, whenever this option is exercised, the Government shall make no reimbursement based on a quoted differential.

Offeror's differentials in cents for each 100 pounds for optional mode of transportation, types of vehicle, transportation within a mode, (4) or place of delivery, specified by the Government at the time of shipment and not included in the f.o.b. origin price indicated in the Schedule by the offeror, are as follows:

(carload, truckload, less-load,____ wharf, flatcar, driveaway, etc.)____

(End of clause)

52.247-62 Specific Quantities Unknown. Apr 1984

As prescribed in , insert the following clause in solicitations and contracts when total requirements and destinations to which 47.305-16(d)(2) shipments will be made are known, but the specific quantity to be shipped to each destination cannot be predetermined. This clause protects the interests of both the Government and the contractor during the course of the performance of the contract., insert the following clause in solicitations and contracts when total requirements and destinations to which shipments will be made are known, but the specific quantity to be shipped to each destination cannot be predetermined. This clause protects the interests of both the Government and the contractor during the course of the performance of the contract.

SPECIFIC QUANTITIES UNKNOWN (APR 1984)

For the purpose of evaluating "f.o.b. destination" offers, the Government estimates that the quantity specified will be shipped to the (a) destinations indicated:

Estimated Quantity Destination(s)

TBD per individual delivery order TBD per individual delivery order

TBD per individual delivery order TBD per individual delivery order

If the quantity shipped to each destination varies from the quantity estimated, and if the variation results in a change in the transportation (b) costs, appropriate adjustment shall be- made.

(End of clause)

DFARS Clauses Incorporated by Full Text

252.247-7023 Transportation of Supplies by Sea. Feb 2019

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA-BASIC (FEB 2019)

(a) As used in this clause- Definitions.

"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.

"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.

"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.

"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.

"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.

"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.

(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.

(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.

"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.

(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.

(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-

(i) This contract is a construction contract; or

(ii) The supplies being transported are-

(A) Noncommercial items; or

(B) Commercial items that-

(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);

(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or

(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.

S.C. 2643.

(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-

(1) U.S.-flag vessels are not available for timely shipment;

(2) The freight charges are inordinately excessive or unreasonable; or

(3) Freight charges are higher than charges to private persons for transportation of like goods.

(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-

(1) Type, weight, and cube of cargo;

(2) Required shipping date;

(3) Special handling and discharge requirements;

(4) Loading and discharge points;

(5) Name of shipper and consignee;

(6) Prime contract number; and

(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.

(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:

(1) Prime contract number;

(2) Name of vessel;

(3) Vessel flag of registry;

(4) Date of loading;

(5) Port of loading;

(6) Port of final discharge;

(7) Description of commodity;

(8) Gross weight in pounds and cubic feet if available;

(9) Total ocean freight in U.S. dollars; and

(10) Name of steamship company.

(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-

(1) No ocean transportation was used in the performance of this contract;

(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;

(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or

(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

ITEM DESCRIPTION CONTRACT LINE ITEMS

QUANTITY

TBD per individual delivery order

TBD per individual delivery order TBD per individual delivery order

TOTAL TBD per individual delivery order

TBD per individual delivery order TBD per individual delivery order

(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.

(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall-

(1) Notify the Contracting Officer of that fact; and

(2) Comply with all the terms and conditions of this clause.

(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:

(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.

Section G - 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 252.232-7002 Progress Payments for Foreign Military Sales Acquisitions. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997

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.

TBD

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

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

TBD

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

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

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

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

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

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

TBD

(Contracting Officer: Insert applicable information or "Not applicable.")

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

Section H - Special Contract Requirements

The following clauses will be incorporated into the KIS ID/IQ and all delivery orders, as appropriate:

H001 Off-Ramp Procedures (Sept 2021)

The Government reserves the right to utilize off-ramps when it determines that a contractor cannot provide adequate support. The Government will assess contractor performance at both the delivery order and ID/IQ levels using annual ratings via the Contractor Performance Assessment Rating System (CPARS). The Government will review how well the Contractor met the Acceptable Quality Levels (AQLs) identified in the Statement of Work as well as how many times the Contractor chose to not provide a bid for a FOPR that was not for reasons out of its control. The Government also will assess Contractor progress against their Small Business Participation Plan in meeting their small business subcontracting goals. Contractors with less-than-satisfactory performance may be removed from the KC-46 Initial Spares (KIS) contract, which will be accomplished by not exercising the option ordering period on their contract. No contractor will be removed from the contract without documented and validated less-than-satisfactory performance (such as receipt of a less-than-satisfactory rating in any category on any CPAR). This clause does not limit the Government's rights under FAR Part 49.

NOTE: Contractors who desire removal from the contract for any reason not related to poor performance shall provide documentation to the KIS Contracting Officer with details on why removal from the contract is in the Government's best interest.

DFARS Clauses Incorporated by Full Text

252.211-7003 Item Unique Identification and Valuation. Mar 2016

As prescribed in 211.274-6(a)(1), use the following clause:

ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(a) . As used in this clause- Definitions

"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.

"Concatenated unique item identifier" means-

(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or

(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.

"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.

"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.

"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.

"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.

" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.

" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.

"Government's unit acquisition cost" means-

(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;

(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and

(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.

"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.

"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.

"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.

" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.

"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.

"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.

"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.

"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.

"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.

"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.

"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.

"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.

"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.

"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.

(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.

(c) Unique item identifier.

(1) The Contractor shall provide a unique item identifier for the following:

(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

TBD per individual delivery order TBD per individual delivery order

TBD per individual delivery order TBD per individual delivery order

TBD per individual delivery order TBD per individual delivery order

(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:

Contract Line, Subline, or

Exhibit Line Item Number Item Description

TBD per individual delivery order TBD per individual delivery order

TBD per individual delivery order TBD per individual delivery order

TBD per individual delivery order TBD per individual delivery order

(If items are identified in the Schedule, insert "See Schedule in this table.)

(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number .TBD per individual delivery order

(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number .TBD per individual delivery order

(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.

(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.

(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology specification – Data matrix; ECC200 data matrix specification.

(4) The Contractor shall ensure that- Data syntax and semantics of unique item identifiers.

(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:

(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH

10.8.2 Data Identifier and Application Identifier Standard.

(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH

10.8.2 Data Identifier and Application Identifier Standard.

(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and

(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media.

(5) . Unique item identifier

(i) The Contractor shall-

(A) Determine whether to-

Serialize within the enterprise identifier; (1)

Serialize within the part, lot, or batch number; or (2)

Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and (3)

(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;

(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and

(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.

(ii) The issuing agency code-

(A) Shall not be placed on the item; and

(B) Shall be derived from the data qualifier for the enterprise identifier.

(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:

(1) Unique item identifier.

(2) Unique item identifier type.

(3) Issuing agency code (if concatenated unique item identifier is used).

(4) Enterprise identifier (if concatenated unique item identifier is used).

(5) Original part number (if there is serialization within the original part number).

(6) Lot or batch number (if there is serialization…