SPRWA117R0018.pdf

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 J

1. REQUISITION NUMBER

FD20601700388/00923

5. SOLICITATION NUMBER

SPRWA1‐17‐R‐0018

6. SOLICITATION ISSUE DATE

b. TELEPHONE NUMBER (No collect calls)

(478 ) 926 ‐5476 ext.

2. CONTRACT NO.

7. FOR SOLICITATION

INFORMATION CALL

3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

a. NAME

Charles T. Massey

8. OFFER DUE DATE/LOCAL TIME

12. DISCOUNT TERMS11. DELIVERY FOR FOB DEST.

UNLESS BLOCK IS MARKED

SEE SCHEDULE

10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE:

15MAY2017 4:30PM

% FOR:

SMALL BUSINESS WOMEN‐OWNED SMALL BUSINESS

HUBZONE SMALL (WOSB)ELIGIBLE UNDER THE WOMEN‐OWNED

BUSINESS SMALL BUSINESS PROGRAM

NAICS CODE:

SERVICE‐DISABLED EDWOSB 334511

VETERAN‐OWNED SIZE STANDARD

SMALL BUSINESS 8 (A) 1250 :

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS

(15 CFR 700)

13b. RATING

DO: A7 52.211‐14, 52.211‐15

14. METHOD OF SOLICITATION

RFQ IFB RFP

9. ISSUED BY CODE

DLA AVIATION, DLR PROCUREMENT OPERATIONS (AW)

235 BYRON ST STE 19A

ROBINS AFB GA 31098‐1813

BUYER: Charles T. Massey charles.massey.3@us.af.mil Phone: (478) 926‐ 5476 No Collect Calls

15. DELIVER TO CODE

SEE LINE ITEM SCHEDULE

16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR FACILITY

CODE CODE

18a. PAYMENT WILL BE MADE BY CODE

(SEE ESP CLAUSE 252.232-7003.)

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.

SPRWA1

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

EMERGENCY

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 90 days.

See "Instructions to Offerors" and "Evaluation Basis for Award" provisions on pages 32 through 35 and 36 through 37, respectively, for information relative to proposal preparation and the Government's evaluation methodology.

NOTE: Due date for return of proposals is 15 May 2017, 4:30 PM E.S.T.

Contractor is authorized early delivery.

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

26. AWARD AMOUNT (For Gov’t 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 1 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 HEREIN.

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

X

X X

X X

X

25. ACCOUNTING AND APPROPRIATION DATA SEE FUNDS SCHEDULE

X

SCD:A

EFT:T

Total

STANDARD FORM 1449 (REV. 2/2012) BACK

COMPUTER GENERATED 4/7/2017, 4:33 PM

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

32c. DATE

41c. DATE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER36. PAYMENT

COMPLETE PARTIAL FINAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

SEE LINE ITEM SCHEDULE

(Attach Additional Sheets as Necessary)

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E‐MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SPRWA1‐17‐R‐0018

SUPPLIES OR SERVICES AND PRICES/COSTS

All clauses/provisions in this RFP and resultant contract are important and the offeror shall ensure that it has reviewed and understands each one.

Note 1: For the purposes of paragraph (b) of FAR 52.216‐22, Indefinite Quantity, the contractual "minimum" shall be a value that equals the lowest final negotiated unit price for any awarded CLIN (dollars to be determined at time of award) and the contract maximum shall be a value equal to the estimated total contract quantity for each NSN multiplied by the largest corresponding unit price for any ordering period (dollars to be determined at time of award).

Note 2: FAR clause(s) 52.216‐22 and 252.216‐7006 shall be updated at time of award to show actual dollar amounts, quantities, and/or dates reflecting negotiated contract terms and conditions at the time of award.

Note 3: The Government intends to award a single Indefinite Delivery Indefinite Quantity (IDIQ) Contract for the supplies specified herein. The total ordering period for the (IDIQ) Contract will be five (5) years and the resultant contract will have one (1) five year ordering period. The Responsible offeror with lowest Total Evaluated Price (TEP) will be the awardee.

Note 4: Pricing periods will be established IAW with “Attachment 17‐ Pricing Matrix”. The final negotiated unit prices will be incorporated at “Attachment 17‐ Pricing Matrix” of the contract.

First Articles for Cockpit Television Video System

First Article Required Item No.

Firm Fixed Price See Attached Pricing Matrix

U/I Unit Price Amount

2 EA

Line Item(s)

FA

First Article

FIRST ARTICLE ‐ CTVS

Cockpit Televison System

NSN: 5821‐01‐204‐3672

Associated Document(s)

FD20601700388

FD20601700923

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin 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 9001‐2008 2008

is only used as a placeholder until the replacement is identified. After FA approval, a new NSN will be generated by the Air Force.

First Articles for Cockpit Television Video System

First Article Required

Class I ODS Substance Application/Use Quantity

NONE

None Type / Ship To PACRN Mark For A SW3119 ATTN: Abdoulie Sarr DSN: 4680929 Type / Ship To Quantity (U/I) *ARO Contract

Award _ Req No / Pri

Required Delivery

A SW3119 2 EA *90 Calendar Days

Proposed Delivery

A SW3119 2 EA

See AFMC Form 260, Attachment 16, for First Article requirements.

Data

Item No.

DATA

DATA

Associated Document(s) Line Item(s)

FD20601700923 0002

Exhibit: A Type / Ship To Quantity (U/I) *ARO IAW attached

CDRLs _ Req No / Pri

Required Delivery

Proposed Delivery

A001 ‐ Service Engineering Report

Item No.

0002AA

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

A001 ‐ Service Engineering Report

DATA

Associated with LI: 0002 A001 ‐ Service Engineering Report

DI‐MISC‐81384

Exhibit: A

A002 ‐ Engineering Change Proposal (ECP)

Item No.

0002AB

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

DATA

Associated with LI: 0002 A002 ‐ Engineering Change Proposal (ECP)

DI‐CMAN‐80639C

Exhibit: A

A003 ‐ Record of Meeting Minutes Report

Item No.

0002AC

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

DATA

Associated with LI: 0002 A003 ‐ Report, Record of Meeting Minutes

DI‐ADMN‐81505

Exhibit: A

A004 ‐ Test Plan

Item No.

0002AD

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

DATA

Associated with LI: 0002 A004 ‐ Test Plan

DI‐NDTI‐80566A

Exhibit: A

A005 ‐ Product Drawings/Models and Associated Lists

Item No.

0002AE

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

DATA

Associated with LI: 0002 A005 ‐ Product Drawings/Models and Associated Lists

DI‐SESS‐81000E/T

Exhibit: A

A006 ‐ Contractors Progress, Status, and Management Report

Item No.

0002AF

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

DATA

Associated with LI: 0002 A006 ‐ Contractors Progress, Status, and Management Report

DI‐MGMT‐80227

Exhibit: A

A007 ‐ Counterfeit Prevention Plan (CPP)

Item No.

0002AG

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

DATA

Associated with LI: 0002 A007 ‐ Counterfeit Prevention Plan (CPP)

DI‐MISC‐81832

Exhibit: A

A008 ‐ Item Unique Identification (IUID) Marking Plan

Item No.

0002AH

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

DATA

Associated with LI: 0002 A008 ‐ Item Unique Identification (IUID) Marking Plan

DI‐MGMT‐81803

A008 ‐ Item Unique Identification (IUID) Marking Plan

Exhibit: A

A009 ‐ IUID Marking Activity and Verification Report

Item No.

0002AJ

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

DATA

Associated with LI: 0002 A009 ‐ IUID Marking Activity and Verification Report

DI‐MGMT‐81804

Exhibit: A

CTVS Production Units for Entire 5 Year Contract

Item No.

Firm Fixed Price See Attached Pricing Matrix

U/I

1,550 EA

NSN: 5821‐01‐204‐3672 is a temprorary NSN and will be updated after contract award and FA approval.

COCKPIT TV SENSOR (MODIFIED)

Dimensions 12"x 6" x 1.5" Nominal, Material: Mechanical Alloys, Plastics, Aluminum & Phenolic Electrical Components, Function: Self Contained Unit, ConvertsLight Images Into a Composite Video Signal To Be Recorded Or Displayed Elsewhere On The Aircraft. Applicable To The AXQ‐16 System.

Manufacturer Part Number

72314 1291ML1

Associated Document(s) Line Item(s)

FD20601700678 0001

Limitations of Liability: Other Than High Value Item

Inspection: Origin Acceptance: Origin 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 9001‐2008 2008

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 SW3119 ORIGIN

CTVS Production Units for Entire 5 Year Contract

Type / Ship To PACRN Mark For

A SW3119 PAA

A SW3119 PAA

Type / Ship To Quantity (U/I) *ARO Delivery Order_ Req No / Pri

Required Delivery

A SW3119 30 EA *150 Calendar Days

A SW3119 1550 EA *150 Calendar Days

Proposed Delivery

A SW3119 30 EA

A SW3119 1550 EA

Delivery information for production units during Pricing Periods I ‐ V is as follows:

Contractor required to deliver a minimum 30 units, or entire Delivery Order quantitiy if less than 30 each, 150 days after receipt of delivery order. Ship To's and Mark For's will be established on each delivery order.

NSN 5821‐01‐204‐3672 is only used as a placeholder until the replacement is identified. At the time of replacement, a new NSN will be generated by the Air Force.

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: A SW3119

DLA DISTRIBUTION WARNER ROBINS

455 BYRON STREET BLDG 376

ROBINS AFB GA 31098‐1887

UNITED STATES

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

TYPE/CODE: T BD

MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)

AWARD NUMBER:

CONTRACT CLAUSES

252.203‐7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011) (IAW DFARS 203.171‐4(a), DFARS 212.301(f)(ii))

252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)

(IAW DFARS 203.1004(a), DFARS 212.301(f)(iii))

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(DEC 1991)

(IAW DFARS 205.470, DFARS 212.301(f)(x))

252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)

(IAW DFARS 211.274-6(a)(1), 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 http://www.acq.osd.mil/dpap/pdi/uid/iuid/equivalents.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 http://www.acq.osd.mil/dpap/pdi/uid/uii_types.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 252.232‐7003. 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.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2017)

(IAW FAR 12.301(b)(4))

(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.] __X __ (1) 52.203‐6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with

Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).

__X __ (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 (Jun 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).

__X __ (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).

__ __ (11) (ii) Alternate I (Nov 2011) of 52.219‐3.

__X __ (12) 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).

__ __ (12) (ii) Alternate I (Jan 2011) of 52.219‐4.

(13) [Reserved]

__ __ (14) (i) 52.219‐6, Notice of Total Small Business Set‐Aside (Nov 2011)(15 U.S.C. 644).

__ __ (14) (ii) Alternate I (Nov 2011).

__ __ (14) (iii) Alternate II (Nov 2011).

__ __ (15) (i) 52.219‐7, Notice of Partial Small Business Set‐Aside (June 2003)(15 U.S.C. 644).

__ __ (15) (ii) Alternate I (Oct 1995) of 52.219‐7.

__ __ (15) (iii) Alternate II (Mar 2004) of 52.219‐7.

__X __ (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)). (In accordance with DPAP Memo dated 15 Aug 2016, DAR Tracking Number

2016‐O0009, Class Deviation—Subcontract Reporting, this clause and any applicable alternates are replaced with DFARS Deviation(s) dated Aug 2016, listed below when applicable. Effective until incorporated into the FAR or

DFARS or until rescinded.)

__ __ (17) (ii) Alternate I (Nov 2016) of 52.219‐9.

__ __ (17) (iii) Alternate II (Nov 2016) of 52.219‐9.

__ __ (17) (iv) Alternate III (Nov 2016) of 52.219‐9.

____ (17) (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)).

__X __ (20) 52.219‐16, Liquidated Damages—Subcontracting 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).

__X __ (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)).

__ __ (25) 52.222‐3, Convict Labor (June 2003)(E.O. 11755).

__X __ (26) 52.222‐19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (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).

__X __ (31) 52.222‐37, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212).

__X __ (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).

__ __ (33) (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) (E. O. 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) 52.222‐59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at

$50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (b)(35): By a court order issued on October 24, 2016, 52.222‐59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

__ __ (36) 52.222‐60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

__ _ (37) (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).

__ _ (37) (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.)

__ __ (38) 52.223‐11, Ozone‐Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (June 2016) (E.O. 13693)

__ __ (39) 52.223‐12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air

Conditioners (June 2016) (E.O. 13693)

__ _ (40) (i) 52.223‐13, Acquisition of EPEAT®‐Registered Imaging Equipment (Oct 2015) (E.O.s

13423 and 13514).

__ _ (40) (ii) Alternate I (Oct 2015) of 52.223‐13.

__ _ (41) (i) 52.223‐14, Acquisition of EPEAT®‐Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

__ _ (41) (ii) Alternate I (Jun 2014) of 52.223‐14.

__ __ (42) 52.223‐15, Energy Efficiency in Energy‐Consuming Products (Dec 2007) (42.U.S.C.

8259b).

__ __ (43) (i) 52.223‐16, Acquisition of EPEAT®‐Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

__ _ (43) (ii) Alternate I (Jun 2014) of 52.223‐16.

__X __ (44) 52.223‐18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011)(E.O. 13513).

__ __ (45) 52.223‐20, Aerosols (Jun 2016) (E.O. 13693)

__ __ (46) 52.223‐21, Foams (Jun 2016) (E.O. 13693)

__X _ (47) (i) 52.224‐3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

__ (47) (ii) Alternate I (Jan 2017) of 52.224‐3.

__ __ (48) 52.225‐1, Buy American‐‐Supplies (May 2014)(41 U.S.C. chapter 83).

__ __ (49) (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).

__ _ (49) (ii) Alternate I (May 2014) of 52.225‐3.

__ _ (49) (iii) Alternate IIS22429 (May 2014) of 52.225‐3.

__ _ (49) (iv) Alternate III (May 2014) of 52.225‐3.

__ __ (50) 52.225‐5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X __ (51) 52.225‐13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of Treasury).

__ __ (52) 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).

__ __ (53) 52.226‐4, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007)(42 U.S.C. 5150).

__ __ (54) 52.226‐5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

2007)(42 U.S.C. 5150).

__ __ (55) 52.232‐29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C.

4505), 10 U.S.C. 2307(f)).

__ __ (56) 52.232‐30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4505, 10

U.S.C. 2307(f)).

__X __ (57) 52.232‐33, Payment by Electronic Funds Transfer—System for Award Management (Jul

2013)(31.U.S.C. 3332).

__ __ (58) 52.232‐34, Payment by Electronic Funds Transfer—Other than System for Award

Management (Jul 2013)(31.U.S.C. 3332).

__ __ (59) 52.232‐36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ __ (60) 52.239‐1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

__X __ (61) 52.242‐5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

__ __ (62) (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).

__ _ (62) (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 (Sep 2008) (31 U.S.C. 5112(p)(1)).

(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 paragraphs (e)(1) of this paragraph 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) __X __ (A) 52.222‐50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

__ __(B) 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. 351, 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. 351, 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) 52.222‐59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvi): By a court order issued on October 24, 2016, 52.222‐59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222‐60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(xix) 52.222‐62, Paid Sick Leave Under Executive Order 13706 (Jan 2017)(E.O. 13706).

(xx) (A) 52.224‐3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(B) Alternate I (Jan 2017) of 52.224‐3.

(xxi) 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).

(xxii) 52.226‐6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

Flow down required in accordance with paragraphs (e) of FAR clause 52.226‐6.

(xxiii) 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.

252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (OCT 2014)

(IAW DFARS 219.708(b)(1)(B), DFARS 212.301(f)(xx), DARS Tr # 2015-O0006)

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

(IAW DFARS 223.7306, DFARS 212.301(f)(xxi))

252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (DEC 2016)

(IAW DFARS 225.1101(2))

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2016)

(IAW DFARS 225.7002-3(a), DFARS 212.301(f)(xxvii))

252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC

ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS

(SEP 2004)

(IAW DFARS 226.104)

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS

(JUN 2012)

(IAW DFARS 232.7004)

(a) Definitions. As used in this clause—

(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e‐mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment; or

(4) DoD makes a payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD‐approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non‐electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.

252.232-7009 MANDATORY PAYMENT BY GOVERNMENTWIDE COMMERCIAL PURCHASE CARD

(DEC 2006)

(IAW DFARS 232.1110)

(Applicable at or below the micro‐purchase threshold and Governmentwide commercial purchase card is required)

252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)

(IAW DFARS 232.7102)

(Applicable to all solicitations and contracts over the micro‐purchase threshold issued hereunder)

252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)

(IAW DFARS 243.205-71)

252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JUN 2013)

(IAW DFARS 244.403)

(Applicable to solicitations and contracts for supplies or services other than commercial items that contain any of the clauses listed in the clause at 252.244‐7000)

252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC (APR 2014)

(IAW DFARS 247.574(b))

ADDENDUM TO CLAUSE 52.212‐4

5352.201-9101 OMBUDSMAN (JUN 2016)

(IAW AFFARS 5301.9103)

DLA OMBUDSMAN (MAR 2012)

(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 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, employee‐employer actions, contests of OMB Circular A‐76 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 Warner Robins’/ombudsman can be reached at: 478‐926‐2992 for actions prior to contract award. Complaints which cannot be so resolved shall be forwarded to the HQ through J‐72 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.

(End of clause)

(The above Clause/Provision has been modified.)

(Applicable to all solicitations and contracts)

52.203-3 GRATUITIES (APR 1984)

(IAW FAR 3.202)

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS--REPRESENTATION (JAN 2017)

(IAW FAR 3.909-3 (a))

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(SEP 2013)

(IAW DFARS 203.970)

(Applicable to all solicitations and contracts)

(Applicable to solicitations and contracts when FAR 52.203‐13 is included)

252.203-7995 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2017-O0001)

(NOV 2016)

(IAW DARS TracKing # 2017-O0001)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2017 (Pub. L. 114‐223), or any other Act that extends to fiscal year 2017 funds the same prohibitions as contained in section 743, division E, title VII, of the Consolidated Appropriations Act, 2016 (Pub. L. 114‐113) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(Applicable to solicitations and contracts, including commercial under FAR part 12, that will use FY 2017 appropriations)

252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN

INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003)

(OCT 2015)

(IAW DARS Tracking # 2016-O0003)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) (1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub. L. 114‐53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.

(Applicable to solicitations and contracts, including commercial under FAR part 12, that will use FY 2016 appropriations)

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

(IAW FAR 4.1804(c), FAR 12.301(d))

(Applicable when there is a requirement to be registered in SAM or to have a DUNS Number)

52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS

(DEC 2014)

(IAW FAR 4.1202(b))

(Applicable to all solicitations and contracts)

52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS

(JUN 2016)

(IAW FAR 4.1903)

(Applicable to all solicitations and contracts, except COTs, when a contractor’s system may contain Federal contract information)

252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT

REPORTING (OCT 2016)

(IAW DFARS 204.7304(c))

(Applicable to all solicitations and contracts, including commercial except when solely for commercial‐off‐the‐shelf items)

252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION

SUPPORT (MAY 2016)

(IAW DFARS 204.7403(c), DFARS 212.301(f)(ix))

(Applicable to solicitations and contracts that involve litigation support services when 252.204‐7014 is not included)

52.209-3 FIRST ARTICLE APPROVAL--CONTRACTOR TESTING (SEP 1989)

(IAW FAR 9.308-1(a)(1), FAR 9.308-1(b)(1))

(a) The Contractor shall test ** unit(s) of Lot/Item * as specified in this contract. At least *** calendar days before the beginning of first article tests, the Contractor shall notify the Contracting Officer, in writing, of the time and location of the testing so that the Government may witness the tests.

*Lot/Item ***Calendar Days Before Test **Quantity

0001 20 2

(b) The Contractor shall submit the first article test report within ___**___ calendar days from the date of this contract to ___***___ marked "FIRST ARTICLE TEST REPORT: Contract No. TBD Lot/Item No. ___*___” Within ___****___ calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor. A notice of disapproval shall cite reasons for the disapproval.

*Lot/Item ****Approval Days ELIN No.

0001 IAW Form 260

FA Test Report Item ***Type/Location **Calendar Days

IAW CDRL A004 IAW CDRL A004

(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.

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

(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.

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

(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for

(1) progress payments, or

(2) termination settlements if the contract is terminated for the convenience of the Government.

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

(The above Clause/Provision has been modified.)

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

(IAW FAR 9.308-2(a)(1), FAR 9.308-2(b)(1))

(a) The Contractor shall deliver ** units(s) of Lot/Item * within *** calendar days from the date of this contract to the Government at **** for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification. The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

First Article Item **Quantity ***Calendar Days ****Type/Location

2 90 407 SCMS/GUEA, 235

Byron Street, Ste A, Robins AFB, GA 31098‐1887

(b) Within ** calendar days after the Government receives the first article, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the Contractor.

A notice of disapproval shall cite reasons for the disapproval.

*Lot/Item **Approval Days ELIN No.

0001 105

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) above.