SPRRA224R0048-0001.pdf

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Attached to
Power Supply Federal contract opportunity
Solicitation number
SPRRA2-24-R-0048-0001
Issued by
Defense Logistics Agency Aviation

About this file

This document is an Amendment to Solicitation/Modification of Contract for a federal contract opportunity. The key details are:

The requirement has been changed from a 5-year Indefinite Delivery/Indefinite Quantity (IDIQ) contract to a one-time buy (OTB) for 50 POWER SUPPLY units, NSN 6130-01-698-8519, Mfr Part Number 11480837-10, in support of the Patriot weapon system. This is a sole source procurement to Rantec Power Systems, Inc. (CAGE 60132). The contract type is Firm Fixed Price, with deliveries required 330 days after contract award to Fort Bliss, TX. The contracting agency is the Defense Logistics Agency Aviation. Certified cost or pricing data may be required depending on whether this is determined to be a sole source procurement. Accelerated delivery is encouraged at no additional cost to the government.

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AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. Contract ID Code Page Of

2. Amendment/Modification No.

3. Effective Date

4. Requisition/Purchase Req No.

5. Project No. (If applicable)

6. Issued By Code 7. Administered By (If other than Item 6) Code

8. Name And Address Of Contractor (No., Street, City, County, State and Zip Code)

9A. Amendment Of Solicitation No.

9B. Dated (See Item 11)

10A. Modification Of Contract/Order No.

10B. Dated (See Item 13) Code Facility Code

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in item 14. The hour and date specified for receipt of Offers is extended, is not extended.

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing items 8 and 15, and returning ____________ copies of the amendments: (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. Accounting And Appropriation Data (If required)

13. THIS ITEM ONLY APPLIES TO MODIFICATIONS OF CONTRACTS/ORDERS

It Modifies The Contract/Order No. As Described In Item 14.

A. This Change Order is Issued Pursuant To: The Changes Set Forth In Item 14 Are Made In

The Contract/Order No. In Item 10A.

B. The Above Numbered Contract/Order Is Modified To Reflect The Administrative Changes (such as changes in paying office, appropriation data, etc.) Set

Forth In Item 14, Pursuant To The Authority of FAR 43.103(b).

C. This Supplemental Agreement Is Entered Into Pursuant To Authority Of:

D. Other (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return _______________ copies to the Issuing Office.

14. Description Of Amendment/Modification (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

Except as provided herein, all terms and conditions of the document referenced in item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. Name And Title Of Signer (Type or print)

16A. Name And Title Of Contracting Officer (Type or print)

15B. Contractor/Offeror 15C. Date Signed 16B. United States Of America 16C. Date Signed

By (Signature of person authorized to sign) (Signature of Contracting Officer)

NSN 7540-01-152-8070

PREVIOUS EDITIONS UNUSABLE

30-105-02 STANDARD FORM 30 (REV. 10-83)

Prescribed by GSA FAR (48 CFR) 53.243

SEE SCHEDULE

X

Firm Fixed Price

0001 2024OCT17

SPRRA2

DEFENSE LOGISTICS AGENCY

5201 MARTIN ROAD/DLA-AVN-AH

REDSTONE ARSENAL AL 35898-7340

HARRISON A. MAYFIELD

EMAIL: HARRISON.MAYFIELD@DLA.MIL

SPRRA2-24-R-0048

2024JUL01

X

X

/SIGNED/

2 signed

SEE SECOND PAGE FOR DESCRIPTION

1 10

CONTINUATION SHEET

Reference No. of Document Being Continued Page of

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION A - SUPPLEMENTAL INFORMATION

Buyer Name: HARRISON A. MAYFIELD

Buyer Office Symbol/Telephone Number: DLA-AVN-AHC/(256)690-5736

Type of Contract 1: Firm Fixed Price

Kind of Contract: Supply Contracts and Priced Orders

Weapon System: Patriot

*** End of Narrative A0000 ***

A-1. THIS REQUIREMENT IS SOLE SOURCE TO RANTEC POWER SYSTEMS, INC. CAGE: 60132.

A-2. THIS REQUIREMENT IS IN SUPPORT OF THE WEAPON SYSTEM: M-D6 PATRIOT.

A-3. THIS IS A ONE TIME BUY (OTB) FIRM FIXED PRICE EFFORT.

A-4. NO TEST REQUIRED.

A-5. SNRR MARKINGS ARE NOT REQUIRED.

A-6. TAMMS-A MARKINGS ARE NOT REQUIRED.

A-7. IUID MARKINGS ARE REQUIRED. THE DFARS CLAUSE 252.211-7003 ITEM IDENTIFICATION AND VALUATION IS INCLUDED IN SECTION F.

A-8. SERIAL NUMBERING IS NOT REQUIRED.

A-9. THIS ACQUISITION CONTAINS TECHNICAL DATA WHOSE EXPORT IS RESTRICTED BY THE ARMS EXPORT CONTROL ACT (TITLE 22 U.S.C.,SEC 2751 ET

SEQ.) OR EXECUTIVE ORDER 12470. VIOLATION OF THESE EXPORT LAWS ARE SUBJECT TO SEVERE CRIMINAL PENALTIES. THIS INFORMATION CANNOT BE

RELEASED OUTSIDE THE UNITED STATES WITHOUT PRIOR APPROVAL OF THE GOVERNMENT.

A-10. CONTRACTOR POINT OF CONTACT INFORMATION:

NAME: ___________________________________

TELEPHONE NUMBER: ___________________________________

E-MAIL ADDRESS: ________________________________________

A-11. DCMA ACO POINT OF CONTACT INFORMATION:

NAME: CAMERRON D. BARLOW

TELEPHONE NUMBER: 818-267-2016

E-MAIL ADDRESS: camerron.d.barlow.civ@mail.mil

A-12. CONTRACT SPECIALIST POINT OF CONTACT INFORMATION:

NAME: HARRISON MAYFIELD

OFFICE SYMBOL: DLA-AVN-AHC

TELEPHONE NUMBER: 256-876-4478

E-MAIL ADDRESS: harrison.mayfield@dla.mil

A-13. PROPOSALS ARE ONLY TO BE SUBMIITTED BY EMAIL TO: HARRISON.MAYFIELD@DLA.MIL.

A-14. FUNDS WILL BE OBLIGATED/CITED UPON ISSUANCE OF EACH DELIVERY ORDER.

A-15. ACCELERATED DELIVERY IS ENCOURAGED AND AUTHORIZED AT NO ADDITIONAL COST TO THE GOVERNMENT.

A-16. EFFECTIVE AUGUST 13, 2020, THE OFFEROR, BY SUBMISSION OF ITS QUOTATION, REPRESENTS IT:

(1) WILL NOT PROVIDE COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES TO THE GOVERNMENT IN THE PERFORMANCE OF ANY CONTRACT, SUBCONTRACT

OR OTHER CONTRACTUAL INSTRUMENT RESULTING FROM THIS SOLICITATION IN ACCORDANCE WITH FAR 52.204-24(d)(1);

(2) DOES NOT USE COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES, OR USE ANY EQUIPMENT, SYSTEM, OR SERVICE THAT USES COVERED

TELECOMMUNICATIONS EQUIPMENT OR SERVICES IN ACCORDANCE WITH FAR 52.204-24(d)(2); AND

(3) DOES NOT PROVIDE COVERED DEFENSE TELECOMMUNICATIONS EQUIPMENT OR SERVICES AS A PART OF ITS OFFERED PRODUCTS OR SERVICES TO THE

GOVERNMENT IN THE PERFORMANCE OF ANY CONTRACT, SUBCONTRACT, OR OTHER CONTRACTUAL INSTRUMENT IN ACCORDANCE WITH DFARS 252.204-7016(c)

2 10

SPRRA2-24-R-0048

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

A-17. Certified Cost or Pricing Data: _______________________________

NOTICE: YOUR ATTENTION IS INVITED TO FEDERAL ACQUISITION REGULATION (FAR) 15.403-4, RELATIVE TO THE REQUIREMENT FOR OBTAINING CERTIFIED

COST OR PRICING DATA. IN THE EVENT THIS REQUIREMENT IS SOLE SOURCE, THE SOLE OFFEROR IS REQUIRED TO SUBMIT CERTIFIED COST OR PRICING

DATA UPON REQUEST. FAILURE TO PROVIDE CERTIFIED COST OR PRICING DATA WILL RESULT IN YOUR OFFER BEING CONSIDERED NON-RESPONSIVE.

NOTICE: YOUR ATTENTION IS INVITED TO FEDERAL ACQUISITION REGULATION (FAR) 15.403-3, RELATIVE TO THE REQUIREMENTS FOR OBTAINING OTHER

THAN CERTIFIED COST OR PRICING DATA. THIS IS NOT CONSIDERED TO BE A SOLE SOURCE REQUIREMENT; THERFORE, YOU ARE REQUIRED TO SUBMIT OTHER

THAN COST OR PRICING DATA, IF REQUESTED. OFFEROR MAY USE THEIR OWN FORMAT TO PROVIDE, AT A MINIMUM, A BREAKDOWN OF ALL THE COST ELEMENTS

TO INCLUDE PROFIT/FEE WHICH COMPRISE THE TOTAL PROPOSED PRICE OR SALES HISTORY. FAILURE TO PROVIDE OTHER THAN COST OR PRICING DATA IF

REQUESTED WILL RESULT IN YOUR OFFER BEING CONSIDERED NON-RESPONSIVE.

A-18. Long Lead Time and or Long Term Contracts _________________________________________

FOR LONG LEAD TIME ITEMS AND/OR LONG TERM CONTRACTS, THE PARTIES RECOGNIZE THERE IS A RISK THAT PART(S) OR COMPONENT(S) REQUIRED FOR

PERFORMANCE OF THE CONTRACT/PURCHASE ORDER MAY BECOME UNAVAILABLE DUE TO OBSOLESCENCE. UPON RECEIPT OF THE CONTRACT/PURCHASE ORDER, CONTRACTOR IS RESPONSIBLE FOR VERIFYING ITS SOURCES OF SUPPLY. IF AT ANY TIME DURING THE COURSE OF PERFORMANCE CONTRACTOR BECOMES AWARE

THAT IT IS UNABLE TO PROCURE A PART OR COMPONENT NECESSARY TO FULFILL THE REQUIREMENTS OF THE CONTRACT, THE CONTRACTOR SHALL NOTIFY THE

CONTRACTING OFFICER IN WRITING WITHIN THIRTY DAYS. NOTIFICATION SHALL INCLUDE CONTRACTORS RECOMMENDATION FOR CORRECTION OF THE PROBLEM, IF POSSIBLE, WITH ESTIMATED COST AND SCHEDULE IMPACT, IF ANY. THE CONTRACTING OFFICER WILL DETERMINE THE APPROPRIATE COURSE OF ACTION

AND PROVIDE DIRECTION TO THE CONTRACTOR. IN NO EVENT WILL CONTRACTOR PROCEED WITH IMPLEMENTATION OF ITS RECOMMENDATION WITHOUT WRITTEN

DIRECTION FROM THE CONTRACTING OFFICER. AT THE SOLE DISCRETION OF THE CONTRACTING OFFICER, THE CONTRACT MAY BE TERMINATED IN WHOLE OR IN

PART, AS APPROPRIATE.

A-19. ARMS EXPORT CONTROL IS APPLICABLE.

THE TECHNICAL DATA PACKAGE PROVIDED ON CD CONTAINS TECHNICAL DATA WHOSE EXPORT IS RESTRICTED BY THE ARMS EXPORT CONTROL ACT (TITLE 22

U.S.C., SEC 2751 ET SEQ.) OR EXECUTIVE ORDER 12470. VIOLATION OF THESE EXPORT LAWS ARE SUBJECT TO SEVERE CRIMINAL PENALTIES.

EXPORT CONTROL REQUIRES THE APPLICABLE CERTIFICATIONS TO BE CURRENT FOR BOTH THE QUOTER AND MANUFACTURER. THE OFFEROR AND ANY SOURCE(s)

OF SUPPLY IT WILL USE FOR CONTRACT PERFORMANCE MUST HAVE AN ACTIVE UNITED STATES/CANADA JOINT CERTIFICATION PROGRAM (JCP) CERTIFICATION

TO ACCESS EXPORT-CONTROLLED DATA. DLA DOES NOT INTEND TO DELAY AWARD IN ORDER FOR AN INELIGIBLE OFFER OR ITS SOURCE(s) SUPPLY TO APPLY

FOR AND RECEIVE AUTHORITY APPROVAL TO ACCESS THE EXPORT-CONTROLLED DATA.

*** END OF NARRATIVE A0001 ***

The purpose of this amendment 0001 for SPRRA2-24-R-0048 is to:

1) Change the requirement from a 5 Year Indefinite Delivery Indefinite Quantity (IDIQ) to a One Time Buy (OTB).

2) Delete the A Narrative from CLIN 0001AA which is the IDIQ verbiage.

3) Delete CLIN 0001AA Production Quantity Year 1.

4) Delete CLIN 0002AA Production Quantity Year 2.

5) Delete CLIN 0003AA Production Quantity Year 3.

6) Delete CLIN 0004AA Production Quantity Year 4.

7) Delete CLIN 0005AA Production Quantity Year 5.

8) Add CLIN 0006AA Production Quantity.

3 10

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

9) Amend FAR Clause 52.211-8 Time of Delivery.

10) Amend FAR Clause 252.217-7027 Contract Definitization.

11) All other terms and conditions remain unchanged and in effect.

*** END OF NARRATIVE A0002 ***

4 10

PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

0006 POWER SUPPLY

NSN: 6130-01-698-8519

Mfr CAGE: 18876

Mfr Part Number: 11480837-10

0006AA Production Quantity 50 EA $ $ ___________________ ______________ __________________

COMMODITY NAME: POWER SUPPLY

CLIN CONTRACT TYPE:

Firm Fixed Price

PRON: D14H0625D1 PRON AMD: 04

APPROVED SOURCES: CAGE CODE 60132 RANTEC POWER

SYSTEMS INC.

(End of narrative B001)

Packaging and Marking _____________________

PACKAGING/PACKING/SPECIFICATIONS:

MIL STD-129 MARKINGS SHALL APPLY

UNIT PACK: 001 INTERMEDIATE PACK: 000

LEVEL PRESERVATION: Military

LEVEL PACKING: B

ALL WOOD PACKAGING MATERIAL(WPM) MUST BE ISPM-15

COMPLIANT.

THE FOLLOWING MIL-STD-2073-1 CODES, APPENDIX J SHALL

APPLY

JI/A/MP [GX]

JII/CD [1]

JIII/PM [00]

JIV/WM[K3]

JV/CD [LT]

JVI/CT [C]

JVII/UC [ED] JVII/IC [00]

JIX/A/PK [F] JX/SM [39]

JVIIIA/OPI[M]

ESTIMATED MAXIMUM UNIT PACKAGE WEIGHT (POUNDS) AND

SIZE (INCHES)

WT [10.0]

LN [12.5]

WD [6.3]

DP [6.3]

SUPPLEMENTAL INFORMATION: CAP CONNECTORS

5 10

PIIN/SIIN

Page of

Name of Offeror or Contractor:

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Reference No. of Document Being Continued

MOD/AMD

(End of narrative D001)

Inspection and Acceptance _________________________

INSPECTION: Origin ACCEPTANCE: Origin

Deliveries or Performance _________________________

DOC SUPPL

REL CD MILSTRIP ADDR SIG CD MARK FOR TP CD ______ ________ ______ ______ ________ _____

001 W31G3H4065AF01 W90BTD J 2

DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________

001 50 0330

FOB POINT: Destination

SHIP TO:

(W90BTD) SR W0H9 US ARMY AVN & MISSLES CMD

AMCOM FLEET MGT CENTER AFMC

HOLBROOK RD BLDG 722

FORT BLISS,TX,79916-5801

DELIVERIES SHALL COMMENCE 330 DAYS AFTER RECEIPT OF

ORDER.

(End of narrative F001)

6 10

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION F - DELIVERIES OR PERFORMANCE

Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________

F-1 CHANGED 52.211-8 TIME OF DELIVERY JUN/1997

(a) The Government requires delivery to be made according to the following schedule:

REQUIRED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS

AFTER CONTRACT AWARD

0006AA 50 330

The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.

OFFERORS PROPOSED DELIVERY SCHEDULE

ITEM NO. QUANTITY WITHIN DAYS

AFTER DATE OF

CONTRACT

0006AA 50 ________

(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the

Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the

Contractors date of receipt of the contract or notice of award by adding

(1) five calendar days for delivery of the award through the ordinary mails, or

(2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term working day excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.

(End of Clause)

7 10

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION G - CONTRACT ADMINISTRATION DATA

Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________

G-1 CHANGED 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023) JAN/2023

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

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and

Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov ; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the

WAWF home page at https://wawf.eb.mil/ .

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer

Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items--

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

INVOICE AND RECEIVING REPORT (COMBO)

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

INSPECTION LOCATION: SOURCE

ACCEPTANCE LOCATION: SOURCE

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

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

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

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

[Note: The Contractor may use a WAWF "combo" document type to create some Combinations of invoice and receiving report in one step.]

8 10

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in

WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD

Issue By DoDAAC SPRRA2

Admin DoDAAC TBD

Inspect By DoDAAC TBD

Ship To Code W90BTD

Ship From Code 60132

Mark For Code N/A

Service Approver (DoDAAC) TBD

Service Acceptor (DoDAAC) TBD

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and

Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

ACO - CAMERRON D. BARLOW

PHONE - 818-267-2016

EMAIL - camerron.d.barlow.civ@mail.mil

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

(End of clause)

9 10

Name of Offeror or Contractor:

PIIN/SIIN MOD/AMD

SECTION I - CONTRACT CLAUSES

Status Regulatory Cite Title Date Status Regulatory Cite Title Date _______ _______________ ______________________________________________________________________ ____________ _______ _______________ ______________________________________________________________________ ____________

I-1 CHANGED 252.217-7027 CONTRACT DEFINITIZATION MAY/2023

(a) A FIRM FIXED PRICE ONE TIME BUY (OTB) CONTRACT is contemplated. The Contractor agrees to begin promptly negotiating with the

Contracting Officer the terms of a definitive contract that will include--

(1) All clauses required by the Federal Acquisition Regulation (FAR) on the date of execution of the undefinitized contract action;

(2) All clauses required by law on the date of execution of the definitive contract action; and

(3) Any other mutually agreeable clauses, terms, and conditions.

(b) The Contractor agrees to submit a FIRM FIXED PRICE FIVE YEAR INDEFINITE DELIVERY / INDEFINITE QUANTITY (IDIQ) proposal and certified cost or pricing data supporting its proposal. Notwithstanding FAR

52.216-26, Payments of Allowable Costs Before Definitization, failure to meet the qualifying proposal date in the contract definitization schedule could result in the Contracting Officer withholding an amount up to 5 percent of all subsequent requests for financing until the Contracting Officer determines that a proposal is qualifying.

(c) The schedule for definitizing this contract action is as follows:

SOLICITATION CLOSING DATE: TBD

PROPOSAL EVALUATION: TBD

AWARD DATE: TBD

(d) If agreement on a definitive contract action to supersede this undefinitized contract action is not reached by the target date in paragraph (c) of this clause, or within any extension of it granted by the Contracting Officer, the Contracting Officer may, with the approval of the head of the contracting activity, determine a reasonable price or fee in accordance with FAR subpart 15.4 and part 31, subject to Contractor appeal as provided in the Disputes clause. In any event, the Contractor shall proceed with completion of the contract, subject only to the Limitation of Government

Liability clause.

(1) After the Contracting Officer's determination of price or fee, the contract shall be governed by--

(i) All clauses required by the FAR on the date of execution of this undefinitized contract action for either fixed-price or cost-reimbursement contracts, as determined by the Contracting Officer under this paragraph (d);

(ii) All clauses required by law as of the date of the Contracting Officer's determination; and

(iii) Any other clauses, terms, and conditions mutually agreed upon.

(2) To the extent consistent with paragraph (d)(1) of this clause, all clauses, terms, and conditions included in this undefinitized contract action shall continue in effect, except those that by their nature apply only to an undefinitized contract action.

(e) The definitive contract resulting from this undefinitized contract action will include a negotiated PRICE in no event to exceed

TBD.

(End of clause)

10 10

SECTION A
SECTION B
SECTION F
SECTION G
SECTION I

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