SPE60119R0321_RFP-Argon_Norfolk_Trident.pdf
PDF 288 KB Posted
- Attached to
- Argon Norfolk, VA & Trident Kings Bay, GA Federal contract opportunity
- Solicitation number
- SPE601-19-R-0321
- Issued by
- Defense Logistics Agency Energy
About this file
Argon: Norfolk & Trident RFP: SPE601-19-R-0321
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| RFP_Questions_SPE60119R0321_Argon_Norfolk-Trident.pdf | ||
| MIL-PRF-27415C.pdf | ||
| SECNAV_5512_1_BACKGROUND_CHECK_FORM.pdf | ||
| Norfolk_Argon-Statement_of_Objectives.pdf | ||
| Trident_Argon-Statement_of_Objectives.pdf | ||
| Aero_Contract_Text_Provisions_Clauses_Argon_Norfolk_Triednt.pdf | ||
| QAPs_Argon_Norfolk_Trident.pdf |
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Text version
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
See Schedule
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER
SPE601-19-R-0321
6. SOLICITATION ISSUE
DATE
2019 FEB 13
a. NAME
Yazmin Mendoza FEB9116
b. TELEPHONE NUMBER (No Collect calls)
Phone: 210-780-5062
8. OFFER DUE DATE/
LOCAL TIME
2019 MAR 18
9. ISSUED BY CODE SPE601
DLA ENERGY AEROSPACE ENRGY-DLAE-M
BLDG 1621
1014 BILLY MITCHELL BLVD
SAN ANTONIO TX 78226
USA
10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
8 (A)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
NAICS: 325120
SIZE STANDARD: 1,000 employees
11. DELIVERYFOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
DO-C9
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/ CODE
OFFEROR
FACILITY
CODE
TELEPHONE NO.
18a. PAYMENT WILL BE MADE BY CODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
See Schedule
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED
SEE SCHEDULE
7. FOR SOLICITATION
INFORMATION CALL:
SEE SCHEDULE
09:00 AM
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE ADDENDUM
EDWOSB
32a. QUANTITY IN COLUMN 21 HAS BEEN
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED
COMPLETE PARTIAL FINAL
STANDARD FORM 1449 (REV. 2/2012) BACK
36. PAYMENT
PARTIAL FINAL
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY
42a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42b. RECEIVED AT (Location)
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 3 OF 29 PAGES
SPE601-19-R-0321
CONTINUED ON NEXT PAGE
NOTICES TO OFFERORS:
1. This requirement is to support two (2) locations:
Location 1--Naval Shipyard in Norfolk, Virginia, with Liquid Argon (NSN 9135-01-649-5576), in accordance with (IAW) military specification MIL-PRF-27415C, Type II, Grade A, Argon, Liquid, dated 7 August 2013.
Location 2--Trident Kings Bay, Georgia with Liquid Argon (NSN 9135-01-665-8775), IAW military specification MILPRF- 27415C, Type II, Grade B, Argon, Liquid, dated 7 August 2013.
The requirement also includes the following services: emergency deliveries, detention fees, tank over-pressure protection, and hot fills.
The Period of Performance for Location 1--Norfolk Naval Shipyard, VA will be 1 July 2019 to 30 September 2023 (51 months).
The Period of Performance for Location 2--Trident Kings Bay, GA will be 29 December 2022 to 30 September 2023 (9 months).
2. The Government intends to award one (1) Firm-Fixed Price Requirements type contract using Federal Acquisition Regulation (FAR) Part 12, Commercial Acquisition, FAR Part 13, Simplified Acquisition Procedures, and FAR Part 15, Contracting by Negotiation, as applicable.
Award will be made to the lowest priced technically acceptable (LPTA) offer, in accordance with (IAW) FAR 15.101-2.
Offerors are encouraged to submit their best and final offer, the Government reserves the right to award without discussion or negotiations.
3. The clauses and provisions shown throughout this solicitation and any resultant contract that have only the clause/ provision number, title, and date, and as such, are not shown in full text, are hereby considered to be incorporated by reference in accordance with FAR 52.252-1, SOLICITATION PROVISIONS INCORPORATED BY REFERENE OR FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE, as applicable.
4. All Offerors must comply with the requirements listed in instruction L0003 L2.35, PROPOSAL FORMAT AND CONTENT (AEROSPACE ENERGY) (DLA ENERGY JAN 2012), and all offers will be evaluated in accordance with instruction M0001 M2.14, EVALUATION- COMMERCIAL ITEMS (AEROSPACE ENERGY) (DLA ENERGY AUG 2009).
5. All responsible sources may submit a proposal, which will be considered by the agency. If you intend to submit an offer, you are required to complete, sign and return the entire solicitation package and be registered in the System for Award Management (SAM) at www.SAM.gov.
6. PRIOR to submission of an offer for consideration by the Government, all potential Offerors should contact the Contracting Officer or Contract Specialist via email for additional information and/or to communicate concerns prior to solicitation closing. Submit proposal via email by the closing date, to the Contract Specialist Yazmin Mendoza at yazmin.mendoza@dla.mil or the Contracting Officer Jason Johnson at jason.johnson@dla.mil.
ALL OFFERS MUST BE RECEIVED BY THE CLOSING DATE LISTED IN BLOCK 8 OF THE SF 1449.
7. The Contracting Officer may request that the DLA Energy Region Quality Assurance Representative (QAR) perform a Pre-award Survey (PAS) in accordance with FAR Part 9.106-1. If requested, the Offeror and its employees, including those at the fill point and/or production facility, shall be required to participate fully in the PAS process. The DLA Energy Contracting Officer will discuss any recommendation by the QAR as a result of the PAS that is other then "Full Award," recommendation.
8. For questions regarding Small Business or Small Disadvantage Business affairs should be addressed to the DLA Energy Small Business Office at 1-800-526-2601 or 571-767-9400.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 4 OF 29 PAGES
Quality Technical Provisions
PRESURIZING AGENT,LIQUID ARGON,LAA,9.4A
9135-016495576
PR #: 0076495829,0077931442
PRESURIZING AGENT,LIQUID ARGON
Hazard Communication Standard Notice:
Effective June 1, 2015, Federal Standard No. 313-E, Material Safety Data, Transportation Data and Disposal Data for Hazardous Materials Furnished to Government Activities, establishes the requirement for preparation and submission of Safety Data Sheets (SDS) in lieu of Material Safety Data Sheets (MSDS) by suppliers who provide hazardous materials to government activities.
The Occupational Safety and Health Administration (OSHA) has modified its Hazard Communication Standard (HCS) to conform to the United Nations Globally Harmonized System of Classification and Labeling of Chemicals.
As a result of this change, GSA revised Federal Standard No. 313-E requiring Safety Data Sheets for classifying chemicals and communicating the applicable information on labels.
In accordance with the revised standard after June 1, 2015:
1. Suppliers will be required to submit, to the contracting officer for review and approval prior to award, safety data sheets consistent with the requirements found at 29 C.F.R. 1910.1200 for hazardous materials delivered to the Government.
2. Suppliers will also be required to submit, to the contracting officer for review and approval prior to award, hazardous warning labels in accordance with 29 C.F.R. 1910.1200 for hazardous materials delivered to the Government.
3. Finally, suppliers must train their employees on the new safety data sheets, hazardous warning labels, and requirements of 29 C.F.R.
1910.1200.
For more information on SDS, refer to OSHAs website, available at:
https://www.osha.gov/dsg/hazcom/ghs-final-rule.html.
For information on 29 C.F.R. 1910.1200, refer to the below link:
http://www.gpo.gov/fdsys/pkg/CFR-2009-title29-vol6/pdf/CFR-2009-title29-vol6-sec1910-1200.pdf.
PRESSURIZING AGENT,,ARB,9.4A
9135-016658775
PR #: 0076495829,0077931442
PRESSURIZING AGENT,
Expedited/Emergency Delivery,V200,9.4A
9135-SE0000177
PR #: 0076495829,0077931442
Quality Technical Provisions Detention Fee,V200,9.4A
9135-SE0000179
PR #: 0076495829,0077931442
Quality Technical Provisions Fill Line Restriction Orifice,V200,9.4A
9135-SE0000181
PR #: 0076495829,0077931442
Quality Technical Provisions Tank Hot Fill,V200,9.4A
9135-SE0000183
PR #: 0076495829,0077931442
PR #: 0076495829,0077931442
Item: 0001 Quantity: 494,190UoM: LB Period of Performance: 07/01/2019-09/30/2023 Escalator: -
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 5 OF 29 PAGES
Base-Ref: 00/00/0000 Base-Price: 0.000000
NSN Delivery Identification State
9135-016495576 (LAA) CDSNORFNSY-NORFOLK NAVAL SHIPYARD VA
PRESURIZING AGENT, LIQUID ARGON
Delivery Address: Shop 26 Equipment Section, Bldg 163 Portsmouth VA 23709
Service Code Delivery DODAAC Ordering Office DODAAC
NAVY N42158 N42158
Name Phone
ELIZABETH WIGGINS 757-396-3583
Mode Receipt % Max Parcel Min ParcelFOB Restriction
TANK TRUCK
No. of Tanks Capacity Type Tank Location
1 6,000 ABOVE GROUND TANK(S) SHOP 26 EQUIPMENT SECTION, BLDG. 163
Delivery Notes: Please see attached Statement Of Objectives (SOO): NORFOLK NAVAL SHIPYARD for detailed information.
CLIN 0001: 07/01/2019 – 09/30/2023 (51 months)
Year 1: 12 months--Estimated Qty 116,280.00 LB Unit Price $_____________ Extended Total $____________
Year 2: 12 months--Estimated Qty 116,280.00 LB Unit Price $_____________ Extended Total $____________
Year 3: 12 months--Estimated Qty 116,280.00 LB Unit Price $_____________ Extended Total $____________
Year 4: 12 months--Estimated Qty 116,280.00 LB Unit Price $_____________ Extended Total $____________
Year 5: 3 months--Estimated Qty 29,070.00 LB Unit Price $_____________ Extended Total $____________
NOTE: Service CLINs associated with this product are CLINs 0002 through 0005.
Item: 0002 Quantity: 5UoM: EA Period of Performance: 07/01/2019-09/30/2023 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000
NSN Delivery Identification State
9135-SE0000179 (V200) CDSNORFNSY-NORFOLK NAVAL SHIPYARD VA
Detention Fee
Delivery Address:
Service Code Delivery DODAAC Ordering Office DODAAC
NAVY N42158
Name Phone
ELIZABETH WIGGINS 757-396-3583
Mode Receipt %Max Parcel Min Parcel FOB Restriction
SERVICE MATERIALS
Delivery Notes: Please see attached Statement Of Objectives (SOO): NORFOLK NAVAL SHIPYARD for detailed information.
CLIN 0002: 07/01/2019 – 09/30/2023
Estimated Qty 5 EA Unit Price $______________ Extended Total $_____________
NOTE: Product CLIN 0001 is associated with this service.
Item: 0003 Quantity: 5UoM: EA Period of Performance: 07/01/2019-09/30/2023 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000
NSN Delivery Identification State
9135-SE0000181 (V200) CDSNORFNSY-NORFOLK NAVAL SHIPYARD VA
Fill Line Restriction Orifice
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 6 OF 29 PAGES
Delivery Address:
Service Code Delivery DODAAC Ordering Office DODAAC
NAVY N42158
Name Phone
ELIZABETH WIGGINS 757-396-3583
Mode Receipt % Max Parcel Min Parcel FOB Restriction
SERVICE MATERIALS
Delivery Notes: Please see attached Statement Of Objectives (SOO): NORFOLK NAVAL SHIPYARD for detailed information.
CLIN 0003: 07/01/2019 – 09/30/2023
Estimated Qty 5 EA Unit Price $______________ Extended Total $_____________
NOTE: Product CLIN 0001 is associated with this service.
Item: 0004 Quantity: 5UoM: EA Period of Performance: 07/01/2019-09/30/2023 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000
NSN Delivery Identification State
9135-SE0000183 (V200) CDSNORFNSY-NORFOLK NAVAL SHIPYARD VA
Tank Hot Fill
Delivery Address:
Service Code Delivery DODAAC Ordering Office DODAAC
NAVY N42158
Name Phone
ELIZABETH WIGGINS 757-396-3583
Mode Receipt %Max Parcel Min Parcel FOB Restriction
SERVICE MATERIALS
Delivery Notes: Please see attached Statement Of Objectives (SOO): NORFOLK NAVAL SHIPYARD for detailed information.
CLIN 0004: 07/01/2019 – 09/30/2023
Estimated Qty 5 EA Unit Price $______________ Extended Total $_____________
NOTE: Product CLIN 0001 is associated with this service.
Item: 0005 Quantity: 5UoM: EA Period of Performance: 07/01/2019-09/30/2023 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000
NSN Delivery Identification State
9135-SE0000177 (V200) CDSNORFNSY-NORFOLK NAVAL SHIPYARD VA
Expedited/Emergency Delivery
Delivery Address:
Service Code Delivery DODAAC Ordering Office DODAAC
NAVY N42158
Name Phone
ELIZABETH WIGGINS 757-396-3583
Mode Receipt % Max Parcel Min Parcel FOB Restriction
SERVICE MATERIALS
Delivery Notes: Please see attached Statement Of Objectives (SOO): NORFOLK NAVAL SHIPYARD for detailed information.
CLIN 0005: 07/01/2019 – 09/30/2023
Estimated Qty 5 EA Unit Price $______________ Extended Total $_____________
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 7 OF 29 PAGES
NOTE: Product CLIN 0001 is associated with this service.
Item: 0006 Quantity: 69,770UoM: LB Period of Performance: 12/29/2022-09/30/2023 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000
NSN Delivery Identification State
9135-016658775 (ARB) CDSTRIDENT-TRIDENT REFIT FACILITY GA
PRESSURIZING AGENT,
Delivery Address: Naval Submarine Base Bldg. 5085 N2 Kings Bay GA 31547
Service Code Delivery DODAAC Ordering Office DODAAC
NAVY N44466 N44466
Mode Receipt % MaxParcel Min Parcel FOB Restriction
TANK TRUCK
No. of Tanks Capacity Type Tank Location
1 1500 ABOVE GROUND TANK(S) BLDG 5085 SHOP 11A PSIG 250
1 1500 ABOVE GROUND TANK(S) BLDG 5085 SHOP 26A PSIG 250
Delivery Notes: Please see attached Statement Of Objectives (SOO): TRIDENT KINGS BAY, GA for detailed information.
CLIN 0006: 12/29/2022 – 09/30/2023 (9 months)
Year 1: 9 months--Estimated Qty 69,770.00 LB Unit Price $_____________ Extended Total $____________
NOTE: Service CLINs associated with this product are CLINs 0007through 0010.
Item: 0007 Quantity: 5UoM: EA Period of Performance: 12/29/2022-09/30/2023 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000
NSN Delivery Identification State
9135-SE0000177 (V200) CDSTRIDENT-TRIDENT REFIT FACILITY GA
Expedited/Emergency Delivery
Delivery Address: Naval Submarine Base Bldg 5085 N2 Kings Bay GA 31547
Service Code Delivery DODAAC Ordering Office DODAAC
NAVY N44466
Mode Receipt % Max Parcel Min Parcel FOB Restriction
TANK TRUCK
Delivery Notes: Please see attached Statement Of Objectives (SOO): TRIDENT KINGS BAY, GA for detailed information.
CLIN 0007: 12/29/2022 – 09/30/2023
Estimated Qty 5 EA Unit Price $______________ Extended Total $_____________
NOTE: Product CLIN 0006 is associated with this service
Item: 0008 Quantity: 5UoM: EA Period of Performance: 12/29/2022-09/30/2023 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000
NSN Delivery Identification State
9135-SE0000179 (V200) CDSTRIDENT-TRIDENT REFIT FACILITY GA
Detention Fee
Delivery Address: Naval Submarine Base Bldg 5085 N2 Kings Bay GA 31547
Service Code Delivery DODAAC Ordering Office DODAAC
NAVY N44466
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 8 OF 29 PAGES
Mode Receipt % Max Parcel Min Parcel FOB Restriction
TANK TRUCK
Delivery Notes: Please see attached Statement Of Objectives (SOO): TRIDENT KINGS BAY, GA for detailed information.
CLIN 0008: 12/29/2022 – 09/30/2023
Estimated Qty 5 EA Unit Price $______________ Extended Total $_____________
NOTE: Product CLIN 0006 is associated with this service
Item: 0009 Quantity: 5UoM: EA Period of Performance: 12/29/2022-09/30/2023 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000
NSN Delivery Identification State
9135-SE0000181 (V200) CDSTRIDENT-TRIDENT REFIT FACILITY GA
Fill Line Restriction Orifice
Delivery Address: 990 USS THOMAS JEFFERSON DR. KINGS BAY GA 31547-5400
Service Code Delivery DODAAC Ordering Office DODAAC
NAVY N44466
Delivery Notes: Please see attached Statement Of Objectives (SOO): TRIDENT KINGS BAY, GA for detailed information.
CLIN 0009: 12/29/2022 – 09/30/2023
Estimated Qty 5 EA Unit Price $______________ Extended Total $_____________
NOTE: Product CLIN 0006 is associated with this service
Item: 0010 Quantity: 5UoM: EA Period of Performance: 12/29/2022-09/30/2023 Escalator: - Base-Ref: 00/00/0000 Base-Price: 0.000000
NSN Delivery Identification State
9135-SE0000183 (V200) CDSTRIDENT-TRIDENT REFIT FACILITY GA
Tank Hot Fill
Delivery Address: 990 USS THOMAS JEFFERSON DR. KINGS BAY GA 31547-5400
Service Code Delivery DODAAC Ordering Office DODAAC
NAVY N44466
Delivery Notes: Please see attached Statement Of Objectives (SOO): TRIDENT KINGS BAY, GA for detailed information.
CLIN 0010: 12/29/2022 – 09/30/2023
Estimated Qty 5 EA Unit Price $______________ Extended Total $_____________
NOTE: Product CLIN 0006 is associated with this service
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 9 OF 29 PAGES
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.
Part 12 Clauses
52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS (OCT 2018) FAR
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS - COMMERCIAL
ITEMS (OCT 2018) FAR
As prescribed in 12.301(b)(4), insert the following clause:
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(3) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate].
(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C.
2402).
(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L.
111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) Reserved.
(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).
(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
(10) Reserved.
(11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
(ii) Alternate I (Nov 2011) of 52.219-3.
(12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(ii) Alternate I (Jan 2011) of 52.219-4.
CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED: PAGE 10 OF 29 PAGES
Part 12 Clauses (CONTINUED)
CONTINUED ON NEXT PAGE
(13) Reserved (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
(ii) Alternate I (Nov 2011).
(iii) Alternate II (Nov 2011).
(15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
(17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (Nov 2016) of 52.219-9.
(iii) Alternate II (Nov 2016) of 52.219-9.
(iv) Alternate III (Nov 2016) of 52.219-9.
(v) Alternate IV (Nov 2016) of 52.219-9.
(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
(19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).
(20) 52.219-16, Liquidated Damages --Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).
(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).
(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (26) 52.222-19, Child Labor --Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).
X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
X (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
X (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
X (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
X (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).
(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA -Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).
(Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
(38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Oct 2015) of 52.223-13.
(39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-14.
(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
(41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
(ii) Alternate I (Jun 2014) of 52.223-16.
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X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
(44) 52.223-21, Foams (Jun 2016) (E.O. 13693).
(45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(ii) Alternate I (JAN 2017) of 52.224-3.
(46) 52.225-1, Buy American --Supplies (May 2014) (41 U.S.C. chapter 83).
(47)(i) 52.225-3, Buy American --Free Trade Agreements --Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.
C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
(ii) Alternate I (May 2014) of 52.225-3.
(iii) Alternate II (May 2014) of 52.225-3.
(iv) Alternate III (May 2014) of 52.225-3.
(48) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
(54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
X (55) 52.232-33, Payment by Electronic Funds Transfer --System for Award Management (Jul 2013) (31 U.S.C. 3332).
(56) 52.232-34, Payment by Electronic Funds Transfer --Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
(58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(12)).
(60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
Contracting Officer check as appropriate.
(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).
(2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
(5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards --Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
(6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment --Requirements (May 2014) (41 U.S.C. chapter 67).
(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services --Requirements (May 2014) (41 U.S.C. chapter 67).
(8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
(11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
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(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records --Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause --
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xviii)(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
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(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018) FAR
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) FAR
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018) 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
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016) FAR
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
52.204-9000 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS (JUL 2015) DLAD
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989) FAR
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013) FAR
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) DFARS
As prescribed in 232.7004(b), use the following clause:
(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.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.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.
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(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
(Contracting Officer: Insert applicable document type(s).
Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in
WAWF
Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC
Inspect By DoDAAC Ship To Code
Ship From Code Mark For Code
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC LPO DoDAAC
DCAA Auditor DoDAAC Other DoDAAC(s)
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
Jason.Johnson@dla.mil (Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(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.
Yazmin.Mendoza@dla.mil (Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
52.233-3 PROTEST AFTER AWARD (AUG 1996) FAR
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52.242-13 BANKRUPTCY (JUL 1995) FAR
52.242-15 STOP-WORK ORDER (AUG 1989) FAR
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984) FAR
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013) DFARS
52.246-2 INSPECTION OF SUPPLIES FIXED PRICE (AUG 1996) FAR
52.247-34 F.O.B. DESTINATION (NOV 1991) FAR
252.247-7023 TRANSPORATION OF SUPPLIES BY SEA (APR 2014) DFARS
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) FAR
As prescribed in 52.107(b), insert the following clause:
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
FAR: https://www.acquisition.gov/?q=browsefar
DFARS: https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
DLAD: http://www.dla.mil/HQ/Acquisition/Offers/DLAD.aspx
52.253-1 COMPUTER GENERATED FORMS (JAN 1991) FAR
Attachments
List of Attachments
File Name Description ATTACH_Military_Specifica tion
2. S
ATTACH_SOO_Norfolk__V A
2. S
ATTACH_Form_SECNAV_ 5512_1
2. S
ATTACH_SOO_Trident_Kin gs_Bay__GA
2. S
ATTACH_Aerospace_Clau ses_and_Contract_Text
9.
ATTACH_Quality_Assuranc e_Provisions
9.
Part 12 Provisions
52.212-1 INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS (OCT 2018) FAR
52.212-2 EVALUATION - COMMERCIAL ITEMS (OCT 2014) FAR
As prescribed in 12.301(c), the Contracting Officer may insert a provision substantially as follows:
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
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Reference the Aerospace Contract Text Provisions document for further information (Reference pgs.16-18: Section M2.14, for evaluation of commercial items)
[Contracting Officer shall insert the significant evaluation factors, such as (i) technical capability of the item offered to meet the Government requirement; (ii) price; (iii) past performance (see FAR ]
Technical and past performance, when combined, are [Contracting Officer state, in accordance with FAR ]
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision) 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS - COMMERCIAL ITEMS (OCT 2018) FAR As prescribed in 12.301(b)(2), insert the following provision:
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.
(a) Definitions. As used in this provision -- “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.
C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except --
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of
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2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate --
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology” --
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically --
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern” --
(1) Means a small business concern --
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“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 size standards in this solicitation.
“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that --
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by --
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR
124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106)…
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