SPE4A718Q1740.PDF

REQUEST FOR QUOTATIONS THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE

4. CERT.FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG. 1

5. ISSUED BY

7. DELIVERY

9. DESTINATION

10. PLEASE FURNISH QUOTATIONS TO THE

ISSUING OFFICE IN BLOCK 5 ON OR

BEFORE CLOSE OF BUSINESS (Date)

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (See Continuation Sheets)

12. DISCOUNT FOR PROMPT PAYMENT

d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations are are not attached.

13. NAME AND ADDRESS OF QUOTER

a. NAME OF QUOTER

14. SIGNATURE OF PERSON AUTHORIZED TO SIGN

QUOTATION

16. SIGNER

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not useable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA-FAR (48 CFR) 53.215-1(a)

1. REQUEST NO.

SPE4A7-18-Q-1740

2. DATE ISSUED

2018 SEP 25

3. REQUISITION/PURCHASE REQUEST NO.

0072033476

RATING

DO-C9

DLA AVIATION

ASC SUPPLIER OPER AE AND AF DIV

8000 JEFFERSON DAVIS HWY

RICHMOND VA 23297

USA

Buyer: Dominique Cooper DCD0068 Tel: 804-279-6285 Email: Dominique.Cooper@dla.mil

6. DELIVER BY (Date)

534 DAYS ADO

8. TO:

c. CITY

d. STATE

b. STREET ADDRESS

a. NAME OF CONSIGNEE

e. ZIP CODE

a. 10 CALENDAR DAYS

b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS

15. DATE OF QUOTATION

a. NAME (Type or Print)

AREA CODE

c. TITLE (Type or Print)d. CITY

c. COUNTY

b. STREET ADDRESS

e. STATE f. ZIP CODE

See Schedule

2018 OCT 05

NUMBER

FOB DESTINATION

OTHER

(See Schedule)

CAGE

b. TELEPHONE

See attached schedule to complete quote information.

Quoter must also complete the following:

a. Quotation is valid for 90 days from date specified in Block 10 above unless otherwise indicated: _____________ .

b. Prices quoted are:

___ Contained in Commercial Catalog or Published Price List No. ___________________ dated _______________ page __________ .

___ Contained in Internal Price List No. _______________dated ____________________, which may be examined at our facility.

___ Commercial sales of comparable quantities: Quantity ____________ ; Price _____________;

___ Customer ________________________.

___ Other (provide basis) ______________________________________ _______________________________________ .

c. FOB Point: ____ Destination ____ Origin Shipping Point (City, State) _________________________________________ .

d. If delivery period shown in Block 6 is unacceptable, provide best possible delivery: _________________________________.

e. Remittance Address (Name, Street, City, State, ZIP): Same as Block 13 unless otherwise indicated below:

f. Vendor FAX Number: ____________________ Vendor Toll-Free Number: ____________________ Vendor E-mail: ______________________________

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SPE4A7-18-Q-1740

CONTINUED ON NEXT PAGE

THIS SOLICITATION IS BEING ISSUED UNDER SEPA AUTHORITY

The following DLA Aviation Notices are incorporated by reference. The full-text of the notices can be found at:

http://www.dla.mil/Aviation/Business/IndustryResources/DLAResourcesforSuppliers/DAANs.aspx

DAAN-13-01 Evaluation and Award for Acquisitions Below the Simplified Acquisition Threshold

(b) Relative Important and Trade-offs. The Government will base the determination of best value on a comparative assessment of the quoters' prices, past performance, and the other evaluation factors identified elsewhere in this solicitation. The determination of best value also considers the relative importance of the evaluation factors. All evaluation factors, when combined, are:

[ ] significantly more important than cost or price.

As other evaluation factors become more equal, the evaluated cost or price becomes more important.

[x ] approximately equal to cost or price; or

[ ] significantly less important than cost or price.

As the evaluated cost/price becomes more equal, relative importance of all other evaluation factors becomes more significant.

(e) Past Performance Evaluation Factors. The Government will use the past performance evaluation factors marked below in addition to cost or price and other evaluation factors specified in the solicitation. Unless indicated otherwise, past performance is significantly more important than other non-price factors. Within the past performance subfactors, PPIRS assessments (as applicable) will be weighed most heavily. Historical quality history and delivery schedule compliance (not captured in PPIRS) will be weighed more heavily than the remaining past performance subfactors. All other non-price evaluation factors specified in this solicitation weigh equally, unless otherwise indicated.

[ ] PPIRS-SR Assessments (PROC NOTE L08) (EProcurement) [x ] PPIRS-RC Assessments [ ] Historical Quality (not captured in PPIRS) [ ] Historical Delivery Schedule Compliance (not captured in PPIRS) [ ] Other (specify):

DAAN-13-01 (ALT I)

Evaluation and Award for Acquisitions Below the Simplified Threshold (ALT I

(b) Non-Price Factors. Quoted delivery and past performance will be evaluated equally, unless indicated otherwise below.

( ) Quoted delivery is weighed more heavily than past performance.

( ) Past Performance is weighed more heavily than quoted delivery.

DAAN-09-01

National Stock Number (NSN) Identification of First Article Testing DAAN-09-02, Waiver of First Article Testing DAAN-09-03, Clarification with Suppliers First Article Testing

DAAN-09-04

First Article Testing

Government First Article Test (FAT)

1 EACH = 1 FAT

Number of units to be tested: __1______ Disposition of FAT units: _DELIVER PART OF PROD QTY______

For Testing:

Inspection: Origin Ship To (Lab DoDAAC): _FB2029______ Acceptance: Destination FOB: Destination

Delivery Schedule:

_267__ Days ARO: Delivery of FAT Exhibits _120__ Days: Government Evaluation and Notification to Contractor _267__ Days: Completion of Production Units

_654__ Total Days ARO

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SECTION B

SUPPLIES/SERVICES: 1560-01-491-1966

ITEM DESCRIPTION:

PANEL, STRUCTURAL, AIRCRAFT

RA001: THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS

(IDENTIFIED BY AN 'R' OR AN 'I'NUMBER) SET FORTH IN FULL TEXT IN THE

DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE WEB

AT:http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR

SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ONTHE

SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE

ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFPISSUE DATE

APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-ON

REVISION, IN WHICH CASE THE AMENDMENT DATECONTROLS.

RP001: DLA PACKAGING REQUIREMENTS FOR PROCUREMENT

RQ001: HIGHER LEVEL CONTRACT QUALITY REQUIREMENTS (MANUFACTURERSAND

NON-MANUFACTURERS)

RQ002: CONFIGURATION CHANGE MANAGEMENT - ENGINEERING CHANGE PROPOSAL

REQUEST FOR VARIANCE (DEVIATION ORWAIVER)

RQ009: INSPECTION AND ACCEPTANCE AT ORIGIN

RQ011: REMOVAL OF GOVERNMENT IDENTIFICATION FROM NON-ACCEPTED SUPPLIES

ItemUnique Identification is not required by request of the Service customer. DFARS 252.211-7003(c)(1)(i) applies.

SAMPLING:

THESAMPLING METHOD SHALL BE IN ACCORDANCE WITH MIL-STD-1916 OR ASQ

H1331, TABLE 1 OR A COMPARABLE ZERO BASED SAMPLING PLAN UNLESSOTHERWISE

SPECIFIED BY THE CONTRACT. IF THE APPLICABLE DRAWING, SPECIFICATION,

STANDARD, OR QUALITY ASSURANCE PROVISION (QAP)SPECIFIES CRITICAL, MAJOR

AND/OR MINOR ATTRIBUTES, THEY SHALL BE ASSIGNED VERIFICAITON LEVELS OF

VII, IV AND II OR AQLS OF 0.1, 1.0AND 4.0 RESPECTIVELY. UNSPECIFIED

ATTRIBUTES SHALL BE CONSIDERED AS MAJOR UNLESS SAMPLING PLANS ARE

SPECIFIED IN APPLICABLEDOCUMENTS. FOR MIL-STD-1916, THE MANUFACTURER

MAY USE THE ATTRIBUTE OR VARIABLE INSPECTION METHOD AT THEIR OPTION OR

PER THECONTRACT. MIL-STD-105/ASQ Z1.4 MAY BE USED TO SET SAMPLE LOT

SIZE, BUT ACCEPTANCE WOULD BE ZERO NON-CONFORMANCES IN THE SAMPLELOT

UNLESS OTHERWISE SPECIFIED IN THE CONTRACT.

MIL-STD-130N(1) DATED 16 NOV 2012.

IDENTIFICATION MARKING OF U.S. MILITARYPROPERTY

THIS IS A SOURCE CONTROLLED ITEM WHICH MUST BE

MANUFACTURED AND TESTED IN ACCORDANCE WITH THE

CITED LIMITED RIGHTS DATA.THE GOVERNMENT CAN-

NOT PROVIDE THE DATA. ONLY THOSE VENDORS WHO

HAVE ACCESS TO THE DATA OR CAN PROVIDE TRACE-

ABILITY TO THEAPPROVED SOURCES SHOULD QUOTE.

SAR PACKAGE IS REQUIRED IF YOUR COMPANY IS

CONSIDERING SOURCE APPROVAL.

Government First ArticlePreproduction approval required. Testing will be in accordance with applicable drawings, specifications and/or Engineeringinstructions. The first article offered shall be manufactured at the facilities in which production quantities are procured andproduced under this contract. When submitting the first article(s) for government testing, a copy of the contract and all applicable drawings, specifications, engineering instructions, certifications, and inspection sheets shall be provided. Upon receipt andevaluation of the test report from the responsible government testing location, the contracting officer will providefinal notification to the manufacturer. Any questions or concerns regarding the first article test requirements must be submittedthrough the contracting officer.

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SUPPLY/SERVICE: 1560-01-491-1966 CONT'D

Additional Wide Area Workflow (WAWF) instructions for government first article test CLIN: Thecontractor shall code the receiving report for government first article test CLIN in WAWF as Follows:

A: Inspection at origin(Source) - Enter the DCMA office DODAAC listed on page 1 of the contract.

B: Acceptance by other - Enter the issue by office DODAAClisted on page 1 of the contract.

C: Ship to code - Enter the DODAAC of the test facility listed for the government first articletest CLIN in the contract (See FAR Clause 52.209-4).

FIRST ARTICLE TEST MARKING INSTRUCTIONS:

FAT sample(s) packaging shall beclearly marked "FIRST ARTICLE TEST EXHIBIT(S) DO NOT POST TO STOCK!!!" in largest font possible with contrasting color to thepackaging. Marking shall be located adjacent to the Package Shipping Label side and on at least one additional side of thepackage.

THE TECHNICAL/QUALITY/TEST REQUIREMENTS FOR

CITED P/N WILL BE IN CONFORMANCE WITH

THE LISTED DRAWING.

THIS ITEM HASTECHNICAL DATA SOME OR ALL OF WHICH IS SUBJECT TO

EXPORT-CONTROL REGULATIONS. DISTRIBUTION OF THE TECHNICAL DATA AND

ELIGIBILITY FOR AWARD ARE LIMITED TO THOSE SUPPLIERS QUALIFIED THROUGH

JCP CERTIFICATION, OR TO THOSE LICENSED BY EITHER THE DEPARTMENTS OF

STATEOR COMMERCE; OR TO FOREIGN SUPPLIERS PURSUANT TO INTERNATIONAL

AGREEMENTS.

TO APPLY FOR JCP CERTIFICATION, COMPLETE DD FORM 2345,MILITARY CRITICAL

TECHNICAL DATA AGREEMENT, FORM IS AVAILABLE AT THE WORLD WIDEWEB

ADDRESS:

https://public.logisticsinformationservice.dla.mil/PublicHome/jcp/defaul t.aspx

OR BY WRITING TO:

DLA LOGISTICSINFORMATION SERVICE

FEDERAL CENTER

74 WASHINGTON AVE., NORTH

BATTLE CREEK, MI 49037-3084

TO MANUFACTURE THIS ITEM, NON-JCPCERTIFIED SUPPLIERS MUST SUBMIT A

CURRENT MANUFACTURING LICENSE AGREEMENT, TECHNICAL ASSISTANCE AGREEMENT,

DISTRIBUTION AGREEMENT OR OFF-SHORE PROCUREMENT AGREEMENT APPROVED BY

THE DIRECTORATE OF DEFENSE TRADE CONTROLS WITH THE OFFER, UNLESS AN

EXEMPTION UNDER THE PROVISIONS OF ITAR SECTION, 125.4 EXEMPTIONS OF

GENERAL APPLICABILITY, AND/OR EAR PART 740 ARE APPLICABLE.

NON-JCP CERTIFIEDSUPPLIERS SEEKING EXPORT CONTROLLED TECHNICAL DATA ARE

REQUIRED TO PROVIDE THE CONTRACTING OFFICER WITH AN APPLICABLE AGREEMENT

ORIDENTIFY WHICH ITAR/EAR EXEMPTION APPLIES TO RECEIVE A COPY OF THE

EXPORT CONTROLLED TECHNICAL DATA.

NOTE: JCP CERTIFIEDCONTRACTORS WHO RECEIVE TECHNICAL DATA PURSUANT TO

THEIR DD FORM 2345 CERTIFICATION MAY NOT FURTHER DISSEMINATE SUCH DATA

UNLESSFURTHER DISSEMINATION OF THE TECHNICAL DATA IS EXPRESSLY

PERMITTED BY DODD 5230.25.

This item requires Item Unique Identification(IUID) in accordance with the enclosed/referenced IUID technical requirements and MIL-STD-130.

DFARS 252.211-7003 clauseapplies.

DWG EXCEPTIONS AND NOTES:

1. THE FOLLOWING SPECIFICATIONS/STANDARDS, ETC. WILL BE USED IN LIEU OF

THE DATA INDICATED. THE SUPERSEDED DATA WILL NOT BE FURNISHED UNLESS SO

INDICATED.

2. CONTRACTOR IS RESPONSIBLE TO COMPLETELY RESEARCH THESEMANUALS,

SPECIFICATIONS, AND STANDARDS AND FULLY UNDERSTAND THE REQUIREMENTS

NECESSARY FOR MANUFACTURE OF COMPONENT PARTSAND

ASSEMBLIES. ALL DEVIATIONS, MINOR AND MAJOR, FROM THE ENGINEERING

DRAWING PACKAGE SHALL BE SUBMITTED TO THE ENGINEERINGORGANIZATION

LISTED IN THE OFFICE SYMBOL BLOCK LOCATED AT THE BOTTOM OF THIS DOCUMENT

FOR COORDINATION AND APPROVAL.

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SUPPLY/SERVICE: 1560-01-491-1966 CONT'D

3. WHENMILITARY DOCUMENTS LISTED IN THE ENGINEERING DRAWING ARE

CANCELLED THEY SHALL BE REPLACED BY THE INDUSTRY EQUIVALENTDOCUMENT

SPECIFIED ON THE MILITARY DOCUMENT'S CANCELLATION NOTICE. THIS APPLIES

TO THE ORIGINAL AIRCRAFT MANUFACTURER'SSPECIFICATIONS THAT ARE CITED IN

THE DRAWING, AS WELL. THE CHARACTERISTICS OF TYPE, GRADE, CLASS, ETC.

SPECIFIED IN THE CANCELLEDMILITARY DOCUMENT SHALL BE MAINTAINED OR

EXCEED THOSE CHARACTERISTICS WHEN APPLYING THE INDUSTRY EQUIVALENT

DOCUMENT(S). WHEN THEREIS NO LISTED REPLACEMENT THE CONTRACTOR SHALL

REQUEST AND RECOMMEND A SUBSTITUTE DOCUMENT FROM THE ENGINEERING

ORGANIZATION LISTEDIN THE OFFICE SYMBOL BLOCK OF THIS DOCUMENT BY

CONTACTING THE GOVERNMENT CONTRACTING OFFICIAL.

4. ENGINEERING DOCUMENT 201308306NOTES 2-6 AND 28 APPLY

CRITICAL APPLICATION ITEM

CRITICAL APPLICATION ITEM

Northrop Grumman Systems 26512 P/N160C950907-1 Northrop Grumman Systems 26512 P/N FCR58310-1

AMERICAN FUEL CELL AND COATED 05476 P/N 160C950907-1

IAW BASIC DRAWINGNR 77751 160C950907

REVISION NR E DTD 10/17/1977

PART PIECE NUMBER: 160C950907-1

IAW REFERENCE DRAWING NR 77751160C950907

REVISION NR E DTD 03/13/2002

PART PIECE NUMBER:

IAW REFERENCE DRAWING NR 98747 201308306

REVISION NR DTD05/08/2013

PART PIECE NUMBER:

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0001 1560-01-491-1966 36.000 EA $ ________________ $ ________________

PANEL,STRUCTURAL

,AI

PRICING TERMS: Firm Fixed Price

QTY VARIANCE: PLUS 0% MINUS 0%

INSPECTION POINT: ORIGIN

ACCEPTANCE POINT: ORIGIN

FOB: ORIGIN DELIVERY DATE: 534 DAYS ADO

PREP FOR DELIVERY:

PKGING DATA-QUP:001

SHALL BE PACKAGED IN ACCORDANCE WITH HAZARDOUS

MATERIALS PACKAGING REQUIREMENTS.

PACKAGING: PACKAGING FORHAZARDOUS MATERIALS

SHALL COMPLY WITH APPLICABLE REGULATIONS, I.E.,

TITLE 49 CODE OF FEDERAL REGULATIONS,

INTERNATIONAL CIVILAVIATION ORGANIZATION (ICAO)

TECHNICAL INSTUCTIONS (EXCLUDING PARAGRAPH 1.4

OF CHAPTERS 1 AND 3), AND INTERNATIONALMARITIME

DANGEROUS GOODS CODE (IMDG). BOTH ICAO AND IMDG

COMPLY WITH UNITED NATIONS (UN) RECOMMENDATIONS

ON TRANSPORT OF DANGEROUSGOODS. WHEN A);

CONTRACT/ORDER FOR HAZARDOUS MATERIALS REQUIRES

SHIPMENT THROUGH A MILITARY AERIAL PORT FOR

TRANSPORT VIA MILITARYAIRCRAFT, PACKAGING SHALL

COMPLY WITH DLAI 4145.3, PREPARING HAZARDOUS

MATERIALS FOR MILITARY AIR SHIPMENT.

LABELING AND MARKING:ALL INTERIOR AND EXTERIOR

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SECTION B

SUPPLY/SERVICE: 1560-01-491-1966 CONT'D

CONTAINERS SHALL BE LABELED AND MARKED AS

SPECIFIED IN THE REFERENCED PRODUCT

SPECIFICATION, AND/OR ASSPECIFIED IN SECTION D

OF THE CONTRACT OR ORDER. IN ADDITION, ALL

LABELING AND MARKING SHALL COMPLY WITH THE

REQUIREMENTS OFMIL-STD-129, 49 CFR, 29 CFR,

AND, AS APPLICABLE, ICAO TECHNICAL INSTRUCTIONS,

IMDG ANNEX 1, AND/OR DLAI 4145.3.

CERTIFICATION: ALLPACKAGING PERFORMANCE TEST

REQUIREMENTS SHALL BE SUPPORTED BY CERTIFICATES

AND REPORTS ATTESTING TO DATE OF TESTING AND

DATA RESULTS OBTAINED FROM TESTING. THE

CONTRACTOR'S SIGNED CERTIFICATION THAT PACKAGE

CONFIGURATION MEETS 49 CFR, AND, AS APPLICABLE,

ICAO,IMDG AND/OR DLAI 4145.3 REQUIREMENTS,

SHALL BE INCLUDED ON THE DD FORM 250 (MATERIAL

INSPECTION AND RECEIVING REPORT), ORANY

SUITABLE ALTERNATE COMMERCIAL PACKING LIST. ALL

CERTIFICATES/REPORTS SHALL BE AVAILABLE FOR

INSPECTION BY AUTHORIZED U. S.GOVERNMENT

REPRESENTATIVES FOR A PERIOD OF NOT LESS THAN 3

YEARS FROM THE DATE OF SHIPMENT.

IF THE MATERIAL IS NOT CONSIDEREDHAZARDOUS,

IN ACCORDANCE WITH FED-STD-313, THE MATERIAL

SHALL BE COMMERCIALLY PACKAGED IN ACCORDANCE

WITH "ASTM D3951."

MarkingsParagraph When ASTM D3951, Commercial Packaging is specified, the following apply:

•,,All Section “D” Packaging and Marking Clausestake precedence over

ASTM D3951.

•,,In addition to requirements in MIL-STD-129, when Commercial Packaging is used, the Method ofPreservation for all MIL-STD-129 marking and labeling shall be “CP” Commercial Pack.

•,,The Unit of Issue (U/I) and Quantity perUnit Pack (QUP) as specified in the contract take precedence over QUP in ASTM D3951.

PARCEL POST ADDRESS:

SW3210

DLA DISTRIBUTION DEPOT HILL

7537 WARDLEIGH RD

HILL AFB UT 84056-5734

US

FOR TRANSPORTATION ASSISTANCE SEE DLAD 52.247-9034. FOR FIRST DESTINATION TRANSPORTATION (FDT) AWARDS SEE DLAD

52.247-9059 AND CONTRACT INSTRUCTIONS INSTEAD.

FREIGHT SHIPPING ADDRESS:

SW3210

DLA DISTRIBUTION DEPOT HILL

7537 WARDLEIGH RD BLDG 849W

CML 385 519 8898

HILL AFB UT 84056-5734

US

Government First Article Test Government First Article Test – The number of units shown signifies the test requirement. See FAR clause 52.209-4 for the actual quantity required to be tested.

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT .

0002 0001 - S00000052 1.000 EA $ ________________ $ ________________

PRICING TERMS: Firm Fixed Price

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SECTION B

SUPPLY/SERVICE: 0001-S00000052 CONT'D

FOB: DELIVERY DATE: 534 DAYS ADO

PREP FOR DELIVERY:

Not Applicable

GOVT USE

External External External Customer RDD/ ITEM PR PRLI PR PRLI Material Need Ship Date .

0001 0072033476 0001 N/A N/A N/A 02/18/2019

0002 N/A N/A N/A N/A N/A N/A

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SECTION A - SOLICITATION/CONTRACT FORM

TECHNICAL REQUIREMENTS

THIS DOCUMENT INCORPORATES TECHNICAL AND/OR QUALITY REQUIREMENTS (IDENTIFIED BY AN `R' OR AN `I' NUMBER IN SECTION B) SET FORTH IN FULL TEXT IN THE DLA MASTER LIST OF TECHNICAL AND QUALITY REQUIREMENTS FOUND ON THE

WEB AT:

http://www.dla.mil/HQ/Acquisition/Offers/eProcurement.aspx. FOR SIMPLIFIED ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE SOLICITATION ISSUE DATE OR THE AWARD DATE CONTROLS. FOR LARGE ACQUISITIONS, THE REVISION OF THE MASTER IN EFFECT ON THE RFP ISSUE DATE APPLIES UNLESS A SOLICITATION AMENDMENT INCORPORATES A FOLLOW-

ON REVISION, IN WHICH CASE THE AMENDMENT DATE CONTROLS.

52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016) FAR

SECTION C - SPECIFICATIONS/SOW/SOO/ORD

C03 CONTRACTOR RETENTION OF SUPPLY CHAIN TRACEABILITY DOCUMENTATION (SEP 2016)

C01 SUPERSEDED PART NUMBERED ITEMS (SEP 2016)

C14 REPACKAGING OR RELABELING TO CORRECT DEFICIENCIES (AUG 2017)

SECTION D - PACKAGING AND MARKING

252.211-7006 PASSIVE RADIO FREQUENCY IDENTIFICATION (JUN 2016) DFARS

As prescribed in 211.275-3, use the following clause:

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

“Advance shipment notice” means an electronic notification used to list the contents of a shipment of goods as well as additional information relating to the shipment, such as passive radio frequency identification (RFID) or item unique identification (IUID) information, order information, product description, physical characteristics, type of packaging, marking, carrier information, and configuration of goods within the transportation equipment.

“Bulk commodities” means the following commodities, when shipped in rail tank cars, tanker trucks, trailers, other bulk wheeled conveyances, or pipelines:

(1) Sand.

(2) Gravel.

(3) Bulk liquids (water, chemicals, or petroleum products).

(4) Ready-mix concrete or similar construction materials.

(5) Coal or combustibles such as firewood.

(6) Agricultural products such as seeds, grains, or animal feed.

“Case” means either a MIL-STD-129 defined exterior container within a palletized unit load or a MIL-STD-129 defined individual shipping container.

“Electronic Product Code™ (EPC)” means an identification scheme for universally identifying physical objects via RFID tags and other means.

The standardized EPC data consists of an EPC (or EPC identifier) that uniquely identifies an individual object, as well as an optional filter value when judged to be necessary to enable effective and efficient reading of the EPC tags. In addition to this standardized data, certain classes of EPC tags will allow user-defined data. The EPC Tag Data Standards will define the length and position of this data, without defining its content.

“EPCglobal®” means a subscriber-driven organization comprised of industry leaders and organizations focused on creating global standards for the adoption of passive RFID technology.

file:///C:/Users/RJ30041/AppData/Local/Temp/
Temp2_dfars_html%20(1).zip/dfars_html/211_2.htm

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SECTION D - PACKAGING AND MARKING (CONTINUED)

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“Exterior container” means a MIL-STD-129 defined container, bundle, or assembly that is sufficient by reason of material, design, and construction to protect unit packs and intermediate containers and their contents during shipment and storage. It can be a unit pack or a container with a combination of unit packs or intermediate containers. An exterior container may or may not be used as a shipping container.

“Palletized unit load” means a MIL-STD-129 defined quantity of items, packed or unpacked, arranged on a pallet in a specified manner and secured, strapped, or fastened on the pallet so that the whole palletized load is handled as a single unit. A palletized or skidded load is not considered to be a shipping container. A loaded 463L System pallet is not considered to be a palletized unit load. Refer to the Defense Transportation Regulation, DoD 4500.9-R, Part II, Chapter 203, for marking of 463L System pallets.

“Passive RFID tag” means a tag that reflects energy from the reader/interrogator or that receives and temporarily stores a small amount of energy from the reader/interrogator signal in order to generate the tag response. The only acceptable tags are EPC Class 1 passive RFID tags that meet the EPCglobal™ Class 1 Generation 2 standard.

“Radio frequency identification (RFID)” means an automatic identification and data capture technology comprising one or more reader/ interrogators and one or more radio frequency transponders in which data transfer is achieved by means of suitably modulated inductive or radiating electromagnetic carriers.

“Shipping container” means a MIL-STD-129 defined exterior container that meets carrier regulations and is of sufficient strength, by reason of material, design, and construction, to be shipped safely without further packing (e.g., wooden boxes or crates, fiber and metal drums, and corrugated and solid fiberboard boxes).

(b)(1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall affix passive RFID tags, at the case- and palletized-unit-load packaging levels, for shipments of items that --

(i) Are in any of the following classes of supply, as defined in DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, AP1.1.11:

(A) Subclass of Class I - Packaged operational rations.

(B) Class II - Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment.

(C) Class IIIP - Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives.

(D) Class IV - Construction and barrier materials.

(E) Class VI - Personal demand items (non-military sales items).

(F) Subclass of Class VIII - Medical materials (excluding pharmaceuticals, biologicals, and reagents - suppliers should limit the mixing of excluded and non-excluded materials).

(G) Class IX - Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical-peculiar repair parts; and

(ii) Are being shipped to one of the locations listed at http://www.acq.osd.mil/log/sci/RFID_ship-to_locations.html or to --

(A) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1, or to --

(B) The following location(s) deemed necessary by the requiring activity:

Contract Line, Subline, or Exhibit Line Item Number Location Name City State DoDAAC

(2) The following are excluded from the requirements of paragraph (b)(1) of this clause:

(i) Shipments of bulk commodities.

(ii) Shipments to locations other than Defense Distribution Depots when the contract includes the clause at FAR 52.213-1, Fast Payment Procedures.

(c) The Contractor shall --

(1) Ensure that the data encoded on each passive RFID tag are globally unique (i.e., the tag ID is never repeated across two or more RFID tags and conforms to the requirements in paragraph (d) of this clause;

http://www.acq.osd.mil/log/sci/RFID_ship-to_locations.html

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SECTION D - PACKAGING AND MARKING (CONTINUED)

CONTINUED ON NEXT PAGE

(2) Use passive tags that are readable; and

(3) Ensure that the passive tag is affixed at the appropriate location on the specific level of packaging, in accordance with MIL-STD-129 (Section 4.9.2) tag placement specifications.

(d) Data syntax and standards. The Contractor shall encode an approved RFID tag using the instructions provided in the EPC™ Tag Data Standards in effect at the time of contract award. The EPC™ Tag Data Standards are available at http://www.epcglobalinc.org/standards/.

(1) If the Contractor is an EPCglobal™ subscriber and possesses a unique EPC™ company prefix, the Contractor may use any of the identifiers and encoding instructions described in the most recent EPC™ Tag Data Standards document to encode tags.

(2) If the Contractor chooses to employ the DoD identifier, the Contractor shall use its previously assigned Commercial and Government Entity (CAGE) code and shall encode the tags in accordance with the tag identifier details located in the DoD Suppliers' Passive RFID Information Guide at http://www.acq.osd.mil/log/sci/ait.html. If the Contractor uses a third-party packaging house to encode its tags, the CAGE code of the third-party packaging house is acceptable.

(3) Regardless of the selected encoding scheme, the Contractor with which the Department holds the contract is responsible for ensuring that the tag ID encoded on each passive RFID tag is globally unique, per the requirements in paragraph (c)(1).

(e) Advance shipment notice. The Contractor shall use Wide Area WorkFlow (WAWF), as required by DFARS 252.232-7003, Electronic Submission of Payment Requests, to electronically submit advance shipment notice(s) with the RFID tag ID(s) (specified in paragraph (d) of this clause) in advance of the shipment in accordance with the procedures at https://wawf.eb.mil/.

(End of clause)

SECTION E - INSPECTION AND ACCEPTANCE

E02 SUPPLEMENTAL FIRST ARTICLE EXHIBIT DISPOSITION – GOVERNMENT MAINTAINED (SEP 2016)

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014) FAR

As prescribed in 46.311, insert the following clause:

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

Title Number Date Tailoring

[Contracting Officer insert the title, number, date, and tailoring (if any) of the higher-level quality standards.]

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in-

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require-

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instruction, documentation control, and advanced metrology.

(End of Clause)

52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984) FAR

252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008) DFARS

E05 PRODUCT VERIFICATION TESTING (JUN 2018)

(1) Product verification testing (PVT) may be invoked at contract award or after contract award. If PVT is invoked at contract award, the http://www.epcglobalinc.org/standards/ http://www.acq.osd.mil/log/sci/ait.html file:///C:/Users/RJ30041/AppData/Local/Temp/
Temp2_dfars_html%20(1).zip/dfars_html/252232.htm https://wawf.eb.mil/ http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/46.htm

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contract will explicitly state this testing requirement and a QALI will be generated. If PVT is invoked after contract award, a QALI will be created and the DCMA quality assurance representative (QAR) will notify the contractor that testing will be performed. The PVT testing will be performed at a Government-designated testing laboratory.

(a) The contractor shall not ship or deliver any material unless directed to do so in writing by the contracting officer or until notified of acceptable PVT results.

(b) PVT results will be provided in 20 working days after receipt at the Government testing facility, unless otherwise specified in writing by the Government.

(2) The QAR will select a random sample from the contractor's production lot. Selected PVT samples are to be shipped by the contractor with a copy of the Department of Defense DD Form 250 and the completed DD Form 1222. The packaging will be marked “Product Verification Test Samples, Contract number , lot/item number ."

(3) Test results will indicate one of the following:

(a) Samples that pass testing and are not destroyed during evaluation will be returned to the contractor at the Government's expense and will be included as part of the total contract quantity. The contractor and Government may agree to dispose of samples not destroyed when the cost of the item does not justify the shipping expense. Samples that pass testing and are not returned to the contractor will be considered part of the contract quantity for payment and delivery. The contractor will deliver the remaining lot quantity minus sample units.

(b) If samples fail testing, such failure will result in rejection of the entire contract lot from which the samples were taken. At the Government's discretion, parts failing any test criteria may be retained and not be returned to the contractor.

E06 INSPECTION AND ACCEPTANCE AT SOURCE (JUN 2018)

Inspection and acceptance are at source. The place of acceptance is the location where the Government conducts the last inspection before shipment, unless the contractor indicated a different physical location for acceptance below.

The contractor shall indicate the location where supplies will be inspected, if different from the production location:

Commercial and Government Entity (CAGE) code:

Address:

Applicable to contract line item numbers(s) (CLIN(s)):

The contractor shall indicate the location where packaging will be inspected, if different from the production location:

[ ] Same as for supplies OR

CAGE code:

Address:

Applicable to CLIN(s):

The contractor shall indicate the location where supplies will be accepted, if different from the inspection location:

Commercial and Government Entity (CAGE) code:

Address:

Applicable to contract line item numbers(s) (CLIN(s)):

SECTION F - DELIVERIES OR PERFORMANCE

52.211-16 VARIATION IN QUANTITY (APR 1984) FAR

As prescribed in 11.703(a), insert the following clause:

(a) A variation in the quantity of any item called for by this contract will not be accepted unless the variation has been caused by conditions of loading, shipping, or packing, or allowances in manufacturing processes, and then only to the extent, if any, specified in paragraph (b) of this clause.

(b) The permissible variation shall be limited to:

https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2011_7.html

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0 Percent increase [Contracting Officer insert percentage]

0 Percent decrease [Contracting Officer insert percentage]

This increase or decrease shall apply to ALL.*

52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR

52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR

52.247-29 F.O.B. ORIGIN (FEB 2006) FAR

52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT - SMALL PACKAGE SHIPMENTS (JAN 1991) FAR

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H03 SUPPLEMENTAL FIRST ARTICLE TESTING REQUIREMENTS (SEP 2016)

SECTION I - CONTRACT CLAUSES

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS OR STATEMENTS-REPRESENTATION (JAN 2017) FAR

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)

FAR

252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (OCT 2016) DFARS

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013) DFARS

252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY

AGREEMENTS (NOV 2016) DFARS

52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) FAR

52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016) FAR

52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY CONTRACTS (OCT 2016) FAR

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016) FAR

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52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014) FAR

52.204-20 PREDECESSOR OF OFFEROR (JUL 2016) FAR

As prescribed in 4.1804(d), insert the following provision:

(a) Definitions. As used in this provision -

“Commercial and Government Entity (CAGE) code” means -

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code:

Predecessor legal name:

(Do not use a “doing business as” name)

(End of provision)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES DEVELOPED OR PROVIDED BY

KASPERSKY LAB AND OTHER COVERED ENTITIES (JUL 2018) FAR

As prescribed in 4.2004, insert the following clause:

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

Covered article means any hardware, software, or service that --

(1) Is developed or provided by a covered entity;

(2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

(3) Contains components using any hardware or software developed in whole or in part by a covered entity.

Covered entity means --

(1) Kaspersky Lab;

(2) Any successor entity to Kaspersky Lab;

(3) Any entity that controls, is controlled by, or is under common control with Kaspersky Lab; or

(4) Any entity of which Kaspersky Lab has a majority ownership.

(b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from --

(1) Providing any covered article that the Government will use on or after October 1, 2018; and

(2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

(c) Reporting requirement. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_18.html

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or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

(i) Within 1 business day from the date of such identification or notification: The contract number; the order number(s), if applicable;

supplier name; brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

(d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992) DFARS

252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR REPORTED CYBER INCIDENT

INFORMATION (OCT 2016) DFARS

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING (OCT 2016) DFARS

52.209-4 FIRST ARTICLE APPROVAL - GOVERNMENT TESTING (SEP 1989) FAR

As prescribed in 9.308-2(a) and (b), insert the following clause:

[Contracting Officer shall insert details]

(a) The Contractor shall deliver 1 unit(s) of Lot/Item 1560-014911966 within calendar days from the date of this contract to the

Government at [insert name and address of the testing facility] for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the

Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing.

All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The

Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the

Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor -

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and https://dibnet.dod.mil https://dibnet.dod.mil https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%209_3.html

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(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

(g) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

52.209-4 FIRST ARTICLE APPROVAL - GOVERNMENT TESTING (SEP 1989), ALT I (JAN 1997) FAR

52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR SUSPENSION (OCT 2015) FAR

252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE GOVERNMENT OF A COUNTRY

THAT IS A STATE SPONSOR OF TERRORISM (OCT 2015) DFARS

52.209-9019 REQUESTS FOR WAIVER OF FIRST ARTICLE TESTING REQUIREMENTS (SEP 2008), ALT I (JUL 2008) DLAD

52.211-5 MATERIAL REQUIREMENTS (AUG 2000) FAR

252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005) DFARS As prescribed in 211.273-4, use the following clause:

(a) Definition. “SPI process,” as used in this clause, means a management or manufacturing process that has been accepted previously by the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard at specific facilities. Under SPI, these processes are reviewed and accepted by a Management Council, which includes representatives of the Contractor, the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments.

(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A listing of SPI processes accepted at specific facilities is available via the Internet at http://guidebook.dcma.mil/20/guidebook_process.htm (paragraph 4.2).

(c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standards cited in the solicitation shall

(1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted;

(2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of military or Federal specifications or standards cited in the solicitation;

(3) Identify the contract line items, subline items, components, or elements affected by the SPI process; and

(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process.

(d) Absent a determination that an SPI process is not acceptable for this procurement, the Contractor shall use the following SPI processes in lieu of military or Federal specifications or standards:

(Offeror insert information for each SPI process)

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SPI Process:

Facility:

Military or Federal Specification or Standard:

Affected Contract Line Item Number, Subline Item Number, Component, or Element:

(e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification that an SPI process is an acceptable replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror

(1) May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an offer; but

(2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of offers.

52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) FAR

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

As prescribed in 19.309(c), insert the following clause:

(a) Definitions. As used in this clause.

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

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

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

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

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

(3) For long-term contracts.

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

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

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to…