SPRTA125Q0356.pdf
PDF 1 MB Posted
- Attached to
- F-100 Aircraft Support Seal Federal contract opportunity
- Solicitation number
- SPRTA125Q0356
- Issued by
- Defense Logistics Agency Aviation
About this file
This file is a solicitation package (SPRTA1-25-Q-0356) for the procurement of a Support Seal (#4 Bearing Carbon Seal) for aircraft engines, with National Stock Number 2840-01-212-1006NZ. The solicitation is issued by DLA Aviation at Oklahoma City and is an unrestricted procurement with a NAICS code of 336412 and size standard of 1,500 employees.
The solicitation is designated as an urgent, surplus-only requirement for a Critical Safety Item. Two Contract Line Item Numbers (CLINs) are included - CLIN 0001 for New/Unused Government Surplus and CLIN 0002 for Used/Overhauled Government Surplus, each requiring 7 units. The delivery requirement is February 28, 2025. The solicitation includes detailed requirements for packaging, inspection, quality assurance compliance, and manufacturing qualification requirements. Offers must be emailed to jeremy.bryant@us.af.mil and vendors must meet specific technical requirements outlined in the attached Manufacture Qualification Requirements (MQR-PSD-1) document. The solicitation uses Performance Price Tradeoff source selection procedures with evaluation factors of Technical, Price, and Past Performance.
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AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1447 (REV. 8/2016)
PREVIOUS EDITION NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.214(d)
23. ACCOUNTING AND APPROPRIATION DATA
SEE SCHEDULE
24. TOTAL AWARD AMOUNT (For Government Use Only)
TELEPHONE NUMBER
UNIQUE ENTITY
IDENTIFIER
CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
NO COLLECT CALLS
4. SOLICITATION NUMBER
SPRTA1-25-Q-0356
X
6.SOLICITATION ISSUE DATE
8. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOSB PROGRAM
HUBZONE SMALL
BUSINESS EDWOSB
SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS NAICS: 336412
8(A) SIZE STANDARD: 1,500
DATE SIGNED
28. UNITED STATES OF AMERICA (Signature of Contracting Officer)
26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION NUMBER
SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS OR CHANGES WHICH
ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.
-This is an urgent requirement
-This is a surplus only requirement
-Critical Safety Item
SEE LINE ITEM SCHEDULE
22.
AMOUNT
16. AUTHORITY FOR USING OTHER THAN 10 USC 2304 41 USC 253
FULL AND OPEN COMPETITION (c) ( ) (c) ( )
DATE SIGNED
27. SIGNATURE OF OFFEROR/CONTRACTOR
20.
UNIT
21.
UNIT PRICE
19.
QUANTITY
13. CONTRACTOR OFFEROR CODE FACILITY CODE
11. IF OFFER IS ACCEPTED BY THE GOVERNMENT WITHIN * ___ CALENDAR DAYS (60 CALENDAR
DAYS UNLESS OFFEROR INSERTS A DIFFERENT PERIOD) FROM THE DATE SET FORTH IN BLOCK 9
ABOVE, THE CONTRACTOR AGREES TO HOLD ITS OFFERED PRICES FIRM FOR THE ITEMS
SOLICITED HEREIN AND TO ACCEPT ANY RESULTING CONTRACT SUBJECT TO THE TERMS AND
CONDITIONS STATED HEREIN. *120
RATING
DO: A1
3. AWARD/EFFECTIVE DATE
SPRTA1
2. CONTRACT NUMBER
X
17.
ITEM NUMBER
12. ADMINISTERED BY CODE
Total
SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK: 14 EFT:T
SCD:B
NAME AND TITLE OF SIGNER (Type or Print) NAME OF CONTRACTING OFFICER
5. SOLICITATION TYPE
SEALED BIDS NEGOTIATED
(IFB) (RFP)
15. PROMPT PAYMENT DISCOUNT
25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SETFORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS SUBJECT
THE TERMS AND CONDITIONS SPECIFIED HEREIN.
10. ITEMS TO BE PURCHASED (Brief Description)
SUPPLIES SERVICES Aircraft Engine and Engine Parts Manufacturing
9. (Agency Use)
6-JAN-2025
18.
SCHEDULE OF SUPPLIES/SERVICES
14. PAYMENT WILL BE MADE BY CODE
(SEE ESP CLAUSE 252.232-7003.)
X
7. ISSUED BY CODE
DLA AVIATION AT OKLAHOMA CITY, OK
DLR PROCUREMENT OPERATIONS (AO)
3001 STAFF DRIVE
TINKER AFB OK 73145-3070
BUYER: Jeremy Bryant/DLA-AOAA jeremy.bryant@us.af.mil Phone: (405) 734- 8104 Fax: (000) 000-0000
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)SOLICITATION/CONTRACT
BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27.
J
STANDARD FORM 1447 (REV. 8/2016) BACK
NO RESPONSE FOR REASONS CHECKED
TYPE OR PRINT NAME AND TITLE OF SIGNER
SIGNATURENAME AND ADDRESS OF FIRM (Include Zip Code)
WE DO NOT DESIRE TO BE RETAINED ON THE MAILING LIST FOR FUTURE PROCUREMENT OF THE TYPE OF
ITEMS INVOLVED
WE DO
OTHER (Specify)
UNABLE TO IDENTIFY THE ITEM(S)
CANNOT COMPLY WITH SPECIFICATIONS CANNOT MEET DELIVERY REQUIREMENT
DO NOT REGULARILY MANUFACTURE OR SELL THE TYPE
OF ITEMS INVOLVED
DATE AND LOCAL TIME 6 JAN 2025
SOLICITATION NUMBER SPRTA125Q0356
FROM: AFFIX
STAMP
HERE
TO:
ATTN: Jeremy Bryant/DLA-AOAA
DLA AVIATION AT OKLAHOMA CITY, OK
DLR PROCUREMENT OPERATIONS (AO)
3001 STAFF DRIVE
TINKER AFB OK 73145-3070
SPRTA1-25-Q-0356
PART I - THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
NOTE: This is a SURPLUS ONLY requirement. Government surplus in NEW/ UNUSED condition or USED/ OVERHAULED condition will be considered. It is the responsibility of each offeror to review the solicitation and comply with the surplus notes on page 712. Offerors must provide as part of their proposal ALL the required surplus documentation and fill out and return the Listing of Surplus Material.
The Government is considering the following categories of surplus:
CLIN 0001, New/ Unused Government Surplus CLIN 0002, Used/ Overhauled Government Surplus
PRICE COMPETITION NOTE: It is anticipated that pricing of this action will be based on adequate price competition; therefore, offerors will not be required to provide information necessary to determine price reasonableness. However, if after receipt of proposals it is determined that adequate price competition does not exist additional data may be required to determine price reasonableness.
New/ Unused Government Surplus
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
7 EA
CLIN ACRN ACRN Total
0001 AA
NSN: 2840012121006 NZ
SUPPORT,SEAL,AIRCRA
SUPPORTS #4 BEARING CARBON SEAL
AMS 5662 Nickle Base Alloy Manufacturer Part Number 00518 4065652 51992 4065652 52661 4065652 Associated Document(s) Line Item(s)
FD20302500356 0001
Priority: D
Limitations of Liability: Other Than High Value Item
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
Title Number Date Tailoring
ISO 90012015 2008
Government or Commercial Surplus Acceptable Buy American Act/Balance of Payments Program IUID Required: Yes
New/ Unused Government Surplus
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A SW3211 ORIGIN
Class I ODS Substance Application/Use Quantity None N/A N/A Type / Ship To PACRN Mark For A SW3211 PAA Acct 09 Type / Ship To Quantity (U/I) On or Before Req No / Pri
Required Delivery
A SW3211 7 EA 28 FEB 2025 NonMilStrip
Proposed Delivery
A SW3211 7 EA
Surplus Officers shall complete and return the "Required Information for Surplus Material Evaluation" form attached, in accordance with FAR 11.302(b). The Contract Officer shall obtain approval/disapproval from the Cognizant Engineer based on the completed form returned by the Surplus Officer prior to accepting or rejecting the surplus offer.
Used/ Overhauled Government Surplus
Item No.
Firm Fixed Price Quantity U/I Unit Price Amount
7 EA
CLIN ACRN ACRN Total
0002 AA
NSN: 2840012121006 NZ
SUPPORT,SEAL,AIRCRA
SUPPORTS #4 BEARING CARBON SEAL
AMS 5662 Nickle Base Alloy Manufacturer Part Number 00518 4065652 51992 4065652 52661 4065652 Associated Document(s) Line Item(s)
FD20302500356 0001
Priority: D
Limitations of Liability: Other Than High Value Item
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required
Used/ Overhauled Government Surplus
Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)
Title Number Date Tailoring
ISO 90012015 2008
Government or Commercial Surplus Acceptable Buy American Act/Balance of Payments Program IUID Required: Yes
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A SW3211 ORIGIN
Class I ODS Substance Application/Use Quantity None N/A N/A Type / Ship To PACRN Mark For A SW3211 PAA Acct 09 Type / Ship To Quantity (U/I) On or Before Req No / Pri
Required Delivery
A SW3211 7 EA 28 FEB 2025 NonMilStrip
Proposed Delivery
A SW3211 7 EA
Government Surplus Acceptable:
Government surplus material is defined as (1) material, including commercial off the shelf items manufactured for Government use (e.g. production overrun quantities), which has never been sold to or accepted by the Government; or (2) material which would be considered “new Manufactured” except that it is not held by the actual manufacturer, the system contractor or subsidiary, successor, or distributor and as indicated below, will be considered to be acceptable in satisfaction of this requirement. Inspection and acceptance criteria for the surplus material are set forth in Section E hereof. The categories of surplus material and the Contract Line Item(s) to which this statement applies are:
Item No(s) Category
0001 NEW/UNUSED GOVERNMENT SURPLUS
0002 USED/OVERHAULED GOVERNMENT SURPLUS
Acceptable New/ Unused Government Surplus:
New and unused material is acceptable provided it has never been installed or used. It shows no signs of rust, corrosion, or other deterioration due to age or improper packaging/preservation. It has not been reconditioned and shows no evidence of disassembly or reassembly. This statement applies to:
Item No(s)
Acceptable Used/ Overhauled Surplus:
Used and overhauled material is acceptable provided it is material, which has been previously installed in operational equipment. It has been or can be completely overhauled, repaired, recondition, or modified per the approved and required technical specifications to serviceable status. This statement applies to:
Item No(s)
New/Unused Government Surplus Notes:
All surplus material must have prior approval by engineering. Visual testing and Product Visual Testing (PVT) and/or Product Lot Testing (PLT) may be required. Trace paperwork back to manufacture must be supplied. Surplus material shall be new material only, acceptance inspection shall be conducted at destination facility. Commercial off the shelf surplus parts, supplied by surplus vendor shall have the original FAA Form 8130 or Certificate of Conformance with appropriate documentation annotated by the OEM manufacturing source. An incomplete, altered or incorrect FAA 8130 and or Certificate of Conformance is unacceptable as an Airworthiness Release Record Authorized manufacturer.
The above notes apply to:
Item No(s) Part Numbers Manufacturer 0001 408912101 52661
Requirements for Used/Overhauled Government Surplus Material:
* Used/ Overhauled Government Surplus Notes:
All surplus material must have prior approval by engineering. Visual testing and Product Visual Testing (PVT) and/or Product Lot Testing (PLT) may be required. Trace paperwork back to manufacture must be supplied Offeror shall provide the following required documentation with their proposal or shall be deemed non responsive:
1. The offeror must provide all available traceability paperwork showing ownership history of the items.
2. The offeror must provide a Certificate of Conformance (CoC), such as an ATA Specification 106 “Part of Material Certification Form”, 8130 3 Authorized Release Certificate, or similar form with like information.
3. The Offeror must include a non incident statement, certifying that the items were manufactured by the Original Equipment Manufacturer (OEM) annotated in this solicitation, and were not removed from engines that operates in volcanic ash, radiation exposure or submerged.
4. The items cannot be previously foreign military owned/operated.
5. The items cannot be previously used in non aerospace equipment or machines.
The above notes apply to:
Item No(s) Part Number Manufacturer 0002 408912101 52661
Part Number Verification:
Items must be of the correct part number, (*), and must have been manufactured by (**). This statement applies to:
Item No(s) Part Number* Manufacturer**
0001, 0002 408912101 52661
Prior Government Ownership of Items:
Items that were previously owned by the Government must be evidenced by the item marking contained on the original shipping containers or nameplate. This statement applies to:
Item No(s) 0001, 0002 100 Percent End Item Inspection:
Item No(s) 0001, 0002
Initial Acceptability Items:
The Initial Acceptability Items (IAIs) shall be inspected to determine if they comply with all verifiable dimensional and material requirements for the items identified below. If acceptable, the IAIs shall be returned to the Contract Administration Office to be used to inspect the remaining items. This statement applies to
Item No(s) 0001, 0002
Listing Of Surplus Material: (CONTRACTOR FILLIN) Submission of the following information for each item of surplus material included in the offeror's proposal is required to comply with the terms and conditions of FAR 11.302 (b). Information must be adequate to provide the basis for determinations required by the policy contained in FAR 11.302(b).
(a) Surplus Item Identification: _______________
NSN: _______________
Noun: ____________
PN: ____________
Drawing Revision Letter: ____________ Manufacturer Cage Code: ____________
(b) Federal Supply Code for Manufacturer (FSCM) marked on items per MIL STD 130: ____________
(c) Quantity available for verification at dealer's facility: ____________
(d) Original manufacturer, government contract number: ____________
(e) Material was subsequently purchased as surplus from: ____________ (Manufacturer or Agency)
(f) DLA sale number ____________ and date of sale by Government: ____________
(g) Do you have the drawings for this item? If yes, what is the revision letter/number and the date of the last revision of the drawings? ____________
(h) History of items since initially sold as surplus by Government or manufacturer:
_____________________(Storage Location, Packaging, Rework, Reconditioning, Repair, etc.)
(i) Are items being offered in original unbroken containers? ____________
(j) Date of manufacture or packaging: _______________
(k) Material offered is warranted by the Contractor for a period of ____ months as contemplated by FAR 52.246 17, Warranty of Supplies of a Noncomplex Nature. (12 Months is presumed unless otherwise specified. If surplus is purchased, warranty may or may not be included in the award.)
(l) The surplus items offered fit the conditional definition indicated below: (Check the appropriate definition and provide requested information. Use additional paper if more space is necessary.) (NOTE: Dates, Technical Order compliance, quality considerations, and component sources are essential information for categories (2), (3), and
(4) below.)
[ ] (1) New and unused: material has never been installed or used. It shows no signs of rust, corrosion, or other deterioration due to age or improper packaging/preservation. It has not been reconditioned and shows no evidence of disassembly or reassembly.
[ ] (2) New and reconditioned: material has never been installed or used. It shows no signs of rust, corrosion, or other deterioration due to age or improper packaging/preservation. Reconditioning is allowed to the extent that gaskets, seals, O rings, or other such cure dated items have been or will be replaced prior to use in accordance with the applicable technical orders and specifications.
Source of reconditioning: ____________ Summary of reconditioning: ____________ [ ] (3) New and modified: material has never been installed or used. It shows no signs of rust, corrosion, or other deterioration due to age or improper packaging/preservation. Components may have been (or may need to be) replaced in accordance with the applicable technical specifications for the purpose of configuration update or modification.
Source of modification: ____________ Summary of modification: ____________ [ ] (4) Used and overhauled: material, which has been previously installed in operational equipment. It has been or can be completely overhauled, repaired, reconditioned, or modified per the applicable technical specifications to serviceable status.
Source of Overhaul Cage code: ____________ Overhaul technical order: ____________ Revision Number__________
Surplus Officers shall complete and return the "Required Information for Surplus Material Evaluation" form attached, in accordance with FAR 11.302(b). The Contract Officer shall obtain approval/disapproval from the Cognizant Engineer based on the completed form returned by the Surplus Officer prior to accepting or rejecting the surplus offer.
SHIP TO / PLACE OF PERFORMANCE
TYPE/CODE: A SW3211
DLA DISTRIBUTION DEPOT OKLAHOMA
3301 F AVE CEN REC BLDG 506 DR 22
TINKER AFB OK 731458000
TINKER AFB OK 731458000
TINKER AFB OK 731458000 OK
USA
MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
PART I THE SCHEDULE
SECTION D
PACKAGING AND MARKING
SHIPPING CONTAINER MARKING
See the attached AFMC 158 form(s).
PART I THE SCHEDULE
SECTION E
INSPECTION AND ACCEPTANCE
52.2462 INSPECTION OF SUPPLIESFIXEDPRICE (AUG 1996)
(IAW FAR 46.302)
52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)
(IAW FAR 46.311, DFARS 246.202-4(1))
(a) The Contractor shall comply with the higherlevel quality standard(s) listed below. [If more than one standard is listed, the offeror shall indicate its selection by checking the appropriate block.]*
Title Number Date Tailoring *See Individual Line Item Schedule
52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
(IAW FAR 46.316)
INSPECTION AND ACCEPTANCE (SEP 1999)
(IAW FAR 46.401(b), FAR 46.503)
Government Contract Quality Assurance Inspection and Acceptance will be at destination(s) specified herein (Final).
Item No(s): 0001, 0002
PART I THE SCHEDULE
SECTION F
DELIVERIES OR PERFORMANCE
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
(IAW FAR 42.1305(c))
52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)
(IAW FAR 47.303-2(c))
52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS (JAN 1991)
(IAW FAR 47.303-17(f))
F.O.B. ORIGIN (OCT 1993)
(IAW FAR 47.305(b))
Any supply item applicable to this document shall be delivered F.O.B. at:
F.O.B. Address:
[CONTRACTOR FILLIN]
PART I THE SCHEDULE
SECTION G
CONTRACT ADMINISTRATION DATA
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(IAW DFARS 232.7004(b), PGI 232.7004(b)(1), DFARS 212.301(f)(liii))
(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 252.2327003, 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 stepbystep procedures for selfregistration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF WebBased 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 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).
SEE DFARS CLAUSE 252.2327003(b)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
SEE SCHEDULE, SECTION B
(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 SEE FRONT PAGE OF SOLICITATION Issue By DoDAAC SEE FRONT PAGE OF SOLICITATION Admin DoDAAC SEE FRONT PAGE OF SOLICITATION Inspect By DoDAAC SEE SCHEDULE SECTION B Ship To Code SEE SCHEDULE SECTION B Ship From Code SEE SCHEDULE SECTION B Mark For Code SEE SCHEDULE SECTION B Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC SEE SCHEDULE SECTION E LPO DoDAAC N/A DCAA Auditor DoDAAC CONTACT LOCAL DCMA OFFICE Other DoDAAC(s) N/A (*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 backup 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 email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
SEE FRONT PAGE OF SOLICITATION
(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.
CONTACT LOCAL DCMA OFFICE
(2) For technical WAWF help, contact the WAWF helpdesk at 8666185988.
(The above Clause/Provision has been modified.)
ACCOUNTING AND APPROPRIATION DATA (AUG 1998)
Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable
AA 97 X4930 FC04 64 5 47 GT 15380E 01N000 00000 503000 F03000 $0.00
PSR: K38842 FSR: 013352 DSR: 326779 CIN: F3YCAB4299A0040000AA
ACRN TOTAL $ 0.00
TRANSPORTATION APPROPRIATION CHARGEABLE
See Attached DD FORM 1653(s).
PART II CONTRACT CLAUSES
SECTION I
CONTRACT CLAUSES
5352.201-9101 OMBUDSMAN (JUN 2023)
(IAW DAFFARS 5301.9103)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern.
The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employeeemployer actions, contests of OMB Circular A76 competition performance decisions).
(c) The competition Advocate (CA) at each contracting activity/ office (as defined in DLAD 2.101) shall act as the ombudsman and attempt to resolve contractor complaints. DLA Aviation’s AOA/ CA ombudsman can be reached at (405) 7348241, facsimile (405) 7348129. Complaints which cannot be so resolved shall be forwarded to the HQ through J72 for resolution by the DLA competition advocate. Each activity is responsible for developing procedures for executing the duties and responsibilities of its local ombudsman.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements.
Such inquiries shall be directed to the contracting officer.
(The above Clause/Provision has been modified.)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS (JAN 2017)
(IAW FAR 3.909-3 (b))
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS
(SEP 2011)
(IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(DEC 2022)
(IAW DFARS 203.970)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (JUN 2020)
(IAW FAR 4.1403(a))
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
(IAW FAR 4.1105(b))
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
(IAW FAR 4.1804(c), FAR 12.301(d))
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
(IAW FAR 4.1202(b))
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS
(NOV 2021)
(IAW FAR 4.1903)
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB COVERED ENTITIES
(DEC 2023)
(IAW FAR 4.2004)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
(IAW 4.2105(b))
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION (JUN 2023)
(IAW FAR 4.2203)
52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS- PROHIBITION
(DEC 2023)
(IAW FAR 4.2306(c))
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
(IAW DFARS 204.404-70(b))
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING DEVIATION 2024-O0013, REVISION 1 (MAY 2024)
(IAW Class Deviation 2024-O0013 Rev. 1)
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION
SUPPORT (JAN 2023)
(IAW DFARS 204.7403(b), DFARS 212.301(f)(i)(F))
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2023)
(IAW DFARS 204.2105(c))
252.204-7020 NIST SP 800-171 DOD ASSESSMENT REQUIREMENTS (NOV 2023)
(IAW DFARS 204.7304(e))
252.204-7022 EXPEDITING CONTRACT CLOSEOUT (MAY 2021)
(IAW DFARS 204.804-70)
(a) At the conclusion of all applicable closeout requirements of Federal Acquisition Regulation 4.804, the Government and Contractor shall mutually agree on the residual dollar amount remaining on the contract. Both the Government and Contractor agree to waive payment of any residual dollar amount of $1,000 or less to which either party may be entitled at the time of contract closeout.
(b) A residual dollar amount includes all money owed to either party at the end of the contract and as a result of the contract, excluding amounts connected in any way with taxation or a violation of law or regulation.
(c) For purposes of determining residual dollar amounts, offsets (e.g., across multiple contracts or orders) may be considered only to the extent permitted by law.
52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)
(IAW FAR 9.206-2)
(a) Definition: "Qualification Requirement," as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.
(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.
Item No Agency Name/Address 0001 DLA Aviation at Oklahoma City
3001 Staff Drive Tinker Air Force Base, OK 73145
0002 DLA Aviation at Oklahoma City 3001 Staff Drive Tinker Air Force Base, OK 73145
(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.
Offeror's Name ______________________________
Manufacturer's Name _________________________
Source's Name ______________________________
Item Name _________________________________
Service Identification _________________________
Test Number _______________________________ (to the extent known)
(d) Even though a product or service subject to a qualification requirement is not itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract. This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate this contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government's best interests.
(e) If an offeror, manufacturer, source, product, or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interest, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.
(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(NOV 2015)
(IAW FAR 9.108-5(b))
252.209-7010 CRITICAL SAFETY ITEMS (AUG 2011)
(IAW DFARS 209.270-5)
(b) Identification of critical safety items. One or more of the items being procured under this contract is an aviation or ship critical safety item. The following items have been designated aviation critical safety items or ship critical safety items by the designated design control activity:
Line Item Description
0001 0001 and 0002
0002 0001 and 0002
52.211-5 MATERIAL REQUIREMENTS (AUG 2000)
(IAW FAR 11.302)
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)
(IAW FAR 11.604(b))
This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (JAN 2023)
(IAW DFARS 211.274-5(a), DFARS 212.301(f)(xii))
(a) Definitions. As used in this clause—
“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at https://www.acq.osd.mil/asda/dpc/ce/ds/uniqueid.html.
“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at https://www.acq.osd.mil/asda/dpc/ce/ds/uniqueid.html.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:
Contract Line, Subline, or Exhibit Line Item Number
Item Description
See Schedule as Applicable
(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:
Contract Line, Subline, or Exhibit Line Item Number
Item Description
*Items less than $5000, which require UID, will be specifically identified in the schedule.
See Schedule as Applicable
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number _____( or See Schedule as Applicable).
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number _____( or See Schedule as Applicable).
(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.2327003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/ .
(2) Embedded items shall be reported by one of the following methods—
(i) Use of the embedded items capability in WAWF;
(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or
(iii) Via WAWF as a deliverable attachment for exhibit line item number ______, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
52.213-4 TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN
COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES) (AUG 2024)
(IAW FAR 13.302-5(d))
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.20319, 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. 113235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(ii) 52.20423, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 11591).
(iii) 52.20425, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115232).
(iv) 52.20427, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub.
L. 117328), unless the agency grants an exception see paragraph (b) of 52.20427.
(v) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (DEC 2023) (Pub. L.
115–390, title II).
(vi) 52.2223, Convict Labor (JUN 2003) (E.O. 11755).
(vii) 52.22221, Prohibition of Segregated Facilities (APR 2015).
(viii) 52.22226, Equal Opportunity (SEP 2016) (E.O. 11246).
(ix) 52.22513, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(x) 52.23240, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(xi) 52.2333, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(xii) 52.2334, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 10877, 10878 (19 U.S.C.
3805 note).
(2) Listed below are additional clauses that apply:
(i) 52.2321, Payments (Apr 1984).
(ii) 52.2328, Discounts for Prompt Payment (Feb 2002).
(iii) 52.23211, Extras (Apr 1984).
(iv) 52.23225, Prompt Payment (Jan 2017).
(v) 52.23239, Unenforceability of Unauthorized Obligations (Jun 2013).
(vi) 52.2331, Disputes (May 2014).
(vii) 52.2446, Subcontracts for Commercial Products and Commercial Services (Dec 2023).
(viii) 52.2531, Computer Generated Forms (Jan 1991).
(b) The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:
(1) The clauses listed below implement provisions of law or Executive order:
(i) 52.20317, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).
(ii) 52.20410, Reporting Executive Compensation and FirstTier Subcontract Awards (Jun 2020)(Pub. L.
109282) ( 31 U.S.C. 6101 note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).
(iii) 52.22219, Child LaborCooperation with Authorities and Remedies (Feb 2024) (E.O. 13126) (Applies to contracts for supplies exceeding the micropurchase threshold, as defined in 2.101 on the date of award of this contract).
(iv) 52.22220, Contracts for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (Jun 2020) ( 41 U.S.C.chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S.
Virgin Islands).
(v) 52.22235, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).
(vi) 52.22236, Equal Employment for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793) (Applies to contracts over the threshold specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, "United States" includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
(vii) 52.22237, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212) (Applies to contracts valued at or above the threshold specified in FAR 22.1303(a) on the date of award of this contract).
(viii) 52.22241, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67) (Applies to service contracts over $2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(ix) (A) 52.22250, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627) (Applies to all solicitations and contracts).
(B) Alternate I (Mar 2015) (Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).
(x) 52.22255, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022) (Applies when 52.2226 or 52.22241 are in the contract and performance in whole or in part is in the United States (the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, and the outer Continental Shelf as defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.))).
(xi) 52.22262, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706) (Applies when 52.2226 or 52.22241 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))
(xii) 52.2235, Pollution Prevention and RighttoKnow Information (May 2024) ( 42 U.S.C. 1100111050 and 1310113109) (Applies to services performed on Federal facilities).
(xiii) 52.22311, OzoneDepleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products as prescribed at FAR 23.110(d)(1)).
(xiv) 52.22312, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).
(xv) 52.22320, Aerosols (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).
(xvi) 52.22321, Foams (May 2024) ( 42 U.S.C. 7671, et seq.) (Applies to contracts for products that may contain high global warming potential hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.
(xvii) 52.22323, Sustainable Products and Services (May 2024) ( E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l) (Applies to contracts when the agency identifies in the statement of work, or elsewhere in the contract, the sustainable products and services that apply to the acquisition).
(xviii) (A) 52.2251, Buy AmericanSupplies (Oct 2022) ( 41 U.S.C. chapter 67) (Applies to contracts for supplies, and to contracts for services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micropurchase threshold, as defined in 2.101 on the date of award of this contract, and the acquisition
(1) Is set aside for small business concerns; or
(2) Cannot be set aside for small business concerns (see 19.5022), and does not exceed $50,000).
(B) Alternate I (OCT 2022) (Applies if the Contracting Officer has filled in the domestic content threshold below, which will apply to the entire contract period of performance. Substitute the following sentence for the first sentence of paragraph (1)(ii)(A) of the definition of domestic end product in paragraph (a) of 52.2251: (A) The cost of its components mined, produced, or manufactured in the United States exceeds ____ percent of the cost of all its components. [ Contracting officer to insert the percentage per instructions at 13.3025(d)(4). ])
(xix) 52.2266, Promoting Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).
(xx) 52.23233, Payment by Electronic Funds TransferSystem for Award Management (Oct 2013)(Applies when the payment will be made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).
(xxi) 52.23234, Payment by Electronic Funds TransferOther than System for Award Management (Jul 2013) (Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).
(xxii) 52.24764, Preference for Privately Owned U.S.Flag Commercial Vessels (Nov 2021) ( 46 U.S.C.
55305)(Applies to supplies transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).
(2) Listed below are additional clauses that may apply:
(i) 52.20421, Basic Safeguarding of Covered Contractor Information Systems (NOV 2021) (Applies to contracts when the contractor or a subcontractor at any tier may have Federal contract information residing in or transiting through its information system).
(ii) 52.2096, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (NOV 2021) (Applies to contracts over the threshold specified in FAR 9.4052(b) on the date of award of this contract).
(iii) 52.21117, Delivery of Excess Quantities (SEP 1989) (Applies to fixedprice supplies).
(iv) 52.24729, F.o.b. Origin (FEB 2006) (Applies to supplies if delivery is f.o.b. origin).
(v) 52.24734, F.o.b. Destination (NOV 1991) (Applies to supplies if delivery is f.o.b. destination).
(c) FAR 52.2522, Clauses Incorporated by Reference (FEB 1998). 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):
https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/affars
(d) Inspection/Acceptance. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights—
(1) Within a reasonable period of time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(e) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(f) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(g) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(h) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
(IAW FAR 15.209(h))
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2023)
(IAW FAR 19.309(c))
(h) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
(1) The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code ________ assigned to contract number _______________.
(2) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(3) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor represents that it [ ] is, [ ] is not a womenowned small business concern.
(4) Womenowned small business (WOSB) joint venture eligible under the WOSB Program. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _______.]
(5) Economically disadvantaged womenowned small business (EDWOSB) joint venture. The Contractor represents that it [ ] is, [ ] is not a joint venture that complies with the requirements of 13 CFR 127.506(a) and through (c). [The Contractor shall enter the name and unique entity identifier of each party to the joint venture: _______.]
(6) [Complete only if the Contractor represented itself as a small business concern in paragraph (h)(1) of this clause.] The Contractor…
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