SPRWA1-17-R-0031.pdf
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STANDARD FORM 1447 (2/2012)
Prescribed by GSA FAR (48 CFR) 53.215-1(d)
4. SOLICITATION NUMBER
SPRWA1-17-R-0031
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 CODE: 336413
8(A) SIZE STANDARD: 1250
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:
ROUTINE
Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.
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 BLK 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
SPRWA1
2. CONTRACT NO.
CHECK IF REMITTANCE IS DIFFERENT
AND PUT SUCH ADDRESS IN OFFER
17.
ITEM NO.
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
24. AWARD AMOUNT (FOR GOVT USE ONLY)
23. ACCOUNTING AND APPROPRIATION DATA
SEE SCHEDULE
5. SOLICITATION TYPE
SEALED BIDS NEGOTIATED
(IFB) (RFP)
15. PROMPT PAY DISCOUNT
25. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
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 Other Aircraft Part and Auxiliary Equipment Manufacturing
9.
Offers will be received at the issuing office until the date and time specified below. All official United States Postal Service mail and classified material will be delivered to the address shown in block 7. Deliver all parcels to the address shown in block 7, ATTN: Buyer Named Above.
6-JUN-2017 3:30PM
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, DLR PROCUREMENT OPERATIONS (AW)
235 BYRON ST STE 19A
ROBINS AFB GA 31098-1813
BUYER: Lorey M. Barwick/DLA/AW lorey.barwick.1@us.af.mil Phone: (478) 926- 6475 Fax: (478) 222-8290 No Collect Calls
X
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 350)SOLICITATION/CONTRACT
BIDDER/OFFEROR TO COMPLETE BLOCKS 11, 13, 15, 21, 22, & 27.
J
SF 1447 (rev 2/2012) BACK
NO RESPONSE FOR THE 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)
CANNOT COMPLY WITH SPECIFICATIONS
CANNOT COMPLY WITH SPECIFICATIONS CANNOT MEET DELIVERY REQUIREMENT
FOLD
FOLD
SOLICITATION NO. SPRWA117R0031
DUE: 6 JUN 2017 3:30 PM
FROM: AFFIX
STAMP
HERE
TO:
ATTN: Lorey M Barwick/DLA/AW
DLA AVIATION, DLR PROCUREMENT OPERATIONS (AW)
235 BYRON ST STE 19A
ROBINS AFB GA 31098-1813
SPRWA1-17-R-0031
PART I - THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
Quantity: The required quantity is not known at this time. The quantities reflected in the Schedule represent the Government’s Best Estimated Quantities (BEQs) based on the actual procurement history and projected requirements. Range Pricing above and below the BEQ is acceptable and expected in order to accommodate varying requirement quantities, however these BEQs do not represent a minimum or a maximum quantity. Failure of the Government to order the BEQ shall not entitle the contractor to an equitable adjustment in price under the contract.
Note 1: The Government intends to award a single Indefinite Delivery/Requirements Contract for the supplies specified herein. The performance period will begin upon date of basic contract award. The total ordering period for this contract will not exceed 60 months; however it should be noted that it is the Government’s intent to remove these items from this contract as the individual Solid Model for each NSN is completed and proven.
Note 2: The resulting contract will be a five year (60 month) contract consisting of production pricing periods for Contract Line Item Numbers (CLINs) 0001 thru 0004. Pricing periods will be established under a “Pricing Matrix”, included under Section J – List of Attachments which identifies NSNs, quantity ranges and unit prices for each CLIN for the five year period. The Government requests that the offeror’s proposal include the completed Pricing Matrix attachment, (excel format) for the pricing of CLINs 0001 thru 0004. The offeror may adjust the number and length of the pricing periods, but total months must equal 60. CLINs within the solicitation contain quantity ranges but are not limited to the quantity breakouts. The contractor is encouraged to provide economic price breaks that are considered advantageous to both the contractor and the Government IAW FAR 52.207-4.
Estimated contract value is determined based on the BEQ quantity under each Pricing Period extended by the corresponding unit price for the sum of all periods as shown on the Pricing Matrix.
For purposes of proposal submission and evaluation, supporting documentation will be provided for the BEQ of each Quantity Range by CLIN for each Pricing Period and will follow the parameters set forth in FAR 15.403-5(b)(1) unless stated to be otherwise.
Note 3: Contractor is requested to include the following with their proposal as applicable in order to expedite Government proposal review/analysis:
- Cost models in excel with live formulas
- Actual costs from the last three years or last three completed lots
- Actual rate history from the last three years
- Subcontract proposals/supporting data/cost-price analysis reports
- See proposal adequacy checklist IAW 252.215-7009
Note 4: Cost Model request
Contractor shall submit a working Cost Model in Excel by pricing period by Cost Element by CLIN that links each Work Breakdown Structure (WBS) to the applicable CLINS with a total summary by Cost Element for each pricing period and a total summary for all pricing periods by Cost Element. This Excel Cost model shall include all formulas necessary to calculate the various elements of costs shown i.e. appropriate base(s) and rate(s) and amounts. All information supporting each CLIN should be visible and verifiable in the Excel Model.
Materials: If providing a Consolidated Bill of Material (CBOM), the Cost Model should include all vendors/suppliers/subcontractors and should be sortable by vendor. The Government requests this same information which flows down to your subcontractors and Interdivisional Work Orders (IWO) be provided by the contractor.
Labor: The contractor shall provide a labor hour matrix by WBS/Task ID/pricing period/CLIN to include skill disciplines in Excel with live formulas.
Note 5: Transportation of items delivered hereunder shall be in accordance with DD Form 1653 attached to each delivery order issued hereunder.
Note 6: Items delivered hereunder shall be packaged in accordance with MIL-STD-2073-1, Standard Practice for Military Packaging. Shipping and storage container markings shall be in accordance with MIL-STD-129, Standard Practice for Military Marking. Bar code format shall conform to bar code symbology Format 3 of 9, Code 39 as specified in MIL-STD-129. Additional instructions are specified on AFMC Form 158 attached to each delivery order issued hereunder.
Note 7: Contact DCMA Transportation on ALL "DCMA Administered" contracts prior to shipment for shipping instructions using the DCMA Shipment Instruction Request (SIR) eTool System, at http://www.dcma.mil <http://www.dcma.mil/>
Transfer Housing Assembly
Item No.
Firm Fixed Price See Pricing Matrix
BEQ:
U/I Amount
200 EA
CLIN ACRN ACRN Total
0001 AD
NSN: 1005-01-190-9802
TRANSFER HOUSING ASSEMBLY
Provides a space to house the various transfer unit piece parts Steel Manufacturer Part Number 05606 209F953 Associated Document(s) Line Item(s)
FD20601600085 0001
Priority: R
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
Transfer Housing Assembly
Physical Item Markings:
Radio Frequency ID Tags Required
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A SW3119 ORIGIN
Type / Ship To PACRN Mark For
A SW3119 PAA FLB
Type / Ship To Quantity (U/I) *ARO After
Receipt of Order _ Req No / Pri
Required Delivery
A SW3119 1 EA
*19 Months
Proposed Delivery
A SW3119 1 EA
Automatic Feeder Housing Assembly
Item No.
Firm Fixed Price See Pricing Matrix
BEQ:
U/I Amount
126 EA
CLIN ACRN ACRN Total
0002 AE
NSN: 1005-00-275-5748
HOUSING ASSEMBLY, FEEDER AUTOMATIC
Manufacturer Part Number 05606 205F120 Associated Document(s) Line Item(s)
FD20601700261 0002
Priority: R
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.)
IUID Required: Yes Physical Item Markings:
Radio Frequency ID Tags Required
Automatic Feeder Housing Assembly
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A SW3119 ORIGIN
Type / Ship To PACRN Mark For
A SW3119 PAA FLB
Type / Ship To Quantity (U/I) *ARO After
Receipt of Order _ Req No / Pri
Required Delivery
A SW3119 1 EA
*19 Months
Proposed Delivery
A SW3119 1 EA
Exit Drum Cover
Item No.
Firm Fixed Price See Pricing Matrix
BEQ:
U/I Amount
12 EA
CLIN ACRN ACRN Total
0003 AF
NSN: 1005-00-570-3722
EXIT DRUM COVER
Contains Live rounds and spent ammo in aircraft Steel MIL-S-81591 Type 17.4 Manufacturer Part Number 05606 198F216 Associated Document(s) Line Item(s)
FD20601700261 0001
Priority: R
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.)
IUID Required: Yes Physical Item Markings:
Radio Frequency ID Tags Required
Exit Drum Cover
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A SW3119 ORIGIN
Type / Ship To PACRN Mark For
A SW3119 PAA FLB
Type / Ship To Quantity (U/I) *ARO After
Receipt of Order _ Req No / Pri
Required Delivery
A SW3119 1 EA
*19 Months
Proposed Delivery
A SW3119 1 EA
Gun Housing
Item No.
Firm Fixed Price See Pricing Matrix
BEQ:
U/I Amount
26 EA
CLIN ACRN ACRN Total
0004 AG
NSN: 1005-01-026-7132
30MM GUN HOUSING
Manufacturer Part Number 05606 205F120 Associated Document(s) Line Item(s)
FD20601700261 0002
Priority: R
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.)
IUID Required: Yes Physical Item Markings:
Radio Frequency ID Tags Required
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
A SW3119 ORIGIN
Gun Housing
Type / Ship To PACRN Mark For
A SW3119 PAA FLB
Type / Ship To Quantity (U/I) *ARO After
Receipt of Order _ Req No / Pri
Required Delivery
A SW3119 1 EA
*30 Months
Proposed Delivery
A SW3119 1 EA
SHIP TO / PLACE OF PERFORMANCE
TYPE/CODE: + CNOTE
MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
TYPE/CODE: A FD2060
FD2060 DDWG ER DLA CENTRAL RCVG
CP 478 926 3638
455 BYRON ST
ROBINS AFB GA 31098
ROBINS AFB GA 31098 GA 31098-1887
USA
MARK FOR: (See Individual Line Item) REQUISITION NUMBER: (See Individual Line Item) REQUISITION PRIORITY: (See Individual Line Item)
AWARD NUMBER:
TYPE/CODE: A SW3119
DLA DISTRIBUTION WARNER ROBINS
455 BYRON STREET BLDG 376
ROBINS A F B GA 31098-1887 31098-1887
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 E
INSPECTION AND ACCEPTANCE
E-1D
52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)
(IAW FAR 46.302)
E-15
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 higher-level 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
E-22
52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
(IAW FAR 46.316)
E-240
252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)
(IAW DFARS 246.370)
E-42
INSPECTION AND ACCEPTANCE (SEP 1999)
(IAW FAR 46.401(b), FAR 46.503) Government Contract Quality Assurance Inspection and Acceptance will be at (Final):
[CONTRACTOR FILL-IN]
Item No(s): See schedule for items with the following code(s) listed below :
Inspection Code and Address:
PART I - THE SCHEDULE
SECTION F
DELIVERIES OR PERFORMANCE
F-1
52.211-8 TIME OF DELIVERY (JUN 1997)
(IAW FAR 11.404(a)(2)) DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE
ITEM.
F-24
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)
(IAW FAR 11.703(b)) F-26
52.242-15 STOP-WORK ORDER (AUG 1989)
(IAW FAR 42.1305(b)(1)) F-29
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
(IAW FAR 42.1305(c)) F-31
52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)
(IAW FAR 47.303-2(c)) F-78
52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS (JAN 1991)
(IAW FAR 47.303-17(f)) F-35
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 FILL-IN]
PART I - THE SCHEDULE
SECTION G
CONTRACT ADMINISTRATION DATA
G-210
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(IAW DFARS 232.7004(b), PGI 232.7004(b)(1), DFARS 212.301(f)(liii))
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
(Contracting Officer: Insert applicable document type(s).
Note: If a “Combo” document type is identified but not supportable by the Contractor’s business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
(Contracting Officer: Insert inspection and acceptance locations or “Not applicable.”)
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC Issue By DoDAAC Admin DoDAAC Inspect By DoDAAC Ship To Code Ship From Code Mark For Code Service Approver (DoDAAC) Service Acceptor (DoDAAC) Accept at Other DoDAAC LPO DoDAAC DCAA Auditor DoDAAC Other DoDAAC(s) (*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
G-1
ACCOUNTING AND APPROPRIATION DATA (AUG 1998)
Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable
AD 97 X4930 .FC04 64 7 47 GR 15F16Z 01N000 00000 000000 503000 HQ0104 $0.00
PSR: K08778 FSR: 013408
AE 97 X4930 .FC04 64 7 47 GR 15328Z 01N000 00000 000DLA 503000 HQ0104 $0.00
PSR: K11648 FSR: 013408
AF 97 X4930 .FC04 64 7 47 GR 15410Z 01N000 00000 000DLA 503000 HQ0104 $0.00
PSR: K11705 FSR: 013408
AG 97 X4930 .FC04 64 7 47 GR 15F16Z 01N000 00000 000000 503000 HQ0104 $0.00
PSR: F20404 FSR: 013408
REFERENCE:
AF FD20601700261
AG FD20601600261
ACRN TOTAL $ 0.00
PART II - CONTRACT CLAUSES
SECTION I
CONTRACT CLAUSES
I-11
52.202-1 DEFINITIONS (NOV 2013)
(IAW FAR 2.201)
I-19
52.203-3 GRATUITIES (APR 1984)
(IAW FAR 3.202)
I-20
52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
(IAW FAR 3.404)
I-21
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
(IAW FAR 3.503-2)
I-22
52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)
(IAW FAR 3.502-3)
I-23
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY (MAY 2014)
(IAW FAR 3.104-9(a))
I-25
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
(IAW FAR 3.104-9(b))
I-25C
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(OCT 2010)
(IAW FAR 3.808(b))
I-25E
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)
(IAW FAR 3.1004(a)) K-3M
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))
I-25T
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS (JAN 2017)
(IAW FAR 3.909-3 (b))
IA-21D
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS
(SEP 2011)
(IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))
IA-22
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER
DEFENSE-CONTRACT-RELATED FELONIES (DEC 2008)
(IAW DFARS 203.570-3)
IA-24D
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(SEP 2013)
(IAW DFARS 203.970)
IA-25D
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)
(IAW DFARS 203.1004(a), DFARS 212.301(f)(iii))
IA-26
252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2016)
(IAW DFARS 203.1004(b)(2)(ii))
IA-25R
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.
IA-29Z
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.
I-39
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)
(IAW FAR 4.303)
I-43
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (OCT 2015)
(IAW FAR 4.1403(a))
I-46
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)
(IAW FAR 4.1105(b)) I-48E
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)
(IAW FAR 4.1804(c), FAR 12.301(d)) I-48F
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
(IAW FAR 4.1202(b))
I-48G
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS
(JUN 2016)
(IAW FAR 4.1903)
IA-31
252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)
(IAW DFARS 204.404-70(a))
IA-33
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
(IAW DFARS 204.404-70(b))
IA-39
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (OCT 2016)
(IAW DFARS 204.7304(c))
IA-39H
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION
SUPPORT (MAY 2016)
(IAW DFARS 204.7403(c), DFARS 212.301(f)(ix))
IA-40
252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS
(DEC 1991)
(IAW DFARS 205.470, DFARS 212.301(f)(x))
I-78
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
(OCT 2015)
(IAW FAR 9.409)
I-80
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING
RESPONSIBILITY MATTERS (JUL 2013)
(IAW FAR 9.104-7(c))
I-080G
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(NOV 2015)
(IAW FAR 9.108-5(b))
IA-92
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE
GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM
(OCT 2015)
(IAW DFARS 209.409)
I-82
52.210-1 MARKET RESEARCH (APR 2011)
(IAW FAR 10.003)
I-83
52.211-5 MATERIAL REQUIREMENTS (AUG 2000)
(IAW FAR 11.304)
I-102
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).
IA-103
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.
IA-118
252.211-7006 PASSIVE RADIO FREQUENCY IDENTIFICATION (JUN 2016)
(IAW DFARS 211.275-3, DFARS 212.301(f)(xiii))
(b) (1) Except as provided in paragraph (b)(2) of this clause, the Contractor shall affix passive RFID tags, at the case-and palletized- unit-load packaging levels, for shipments of items that—
(i) Are in any of the following classes of supply, as defined in DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, AP1.1.11:
(A) Subclass of Class I—Packaged operational rations.
(B) Class II—Clothing, individual equipment, tentage, organizational tool kits, hand tools, and administrative and housekeeping supplies and equipment.
(C) Class IIIP—Packaged petroleum, lubricants, oils, preservatives, chemicals, and additives.
(D) Class IV—Construction and barrier materials.
(E) Class VI—Personal demand items (non-military sales items).
(F) Subclass of Class VIII—Medical materials (excluding pharmaceuticals, biologicals, and reagents—suppliers should limit the mixing of excluded and non-excluded materials).
(G) Class IX—Repair parts and components including kits, assemblies and subassemblies, reparable and consumable items required for maintenance support of all equipment, excluding medical-peculiar repair parts; and
(ii) Are being shipped to one of the locations listed at http://www.acq.osd.mil/log/sci/RFID_ship-to-locations.html.or to—
(A) A location outside the contiguous United States when the shipment has been assigned Transportation Priority 1, or to--
(B) The following location(s) deemed necessary by the requiring activity:
Contract line, subline, or exhibit line item number
Location name City State DoDAAC
0001 WR-ALC Robins AFB GA SW3119 0002 WR-ALC Robins AFB GA SW3119 0003 WR-ALC Robins AFB GA SW3119 0004 WR-ALC Robins AFB GA SW3119
I-128
52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)
(IAW FAR 15.209(b)(1)) I-129G
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
(IAW FAR 15.209(h), AFFARS 53.15.209(h)) I-137C
52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)
(IAW FAR 15.408(f)(1)) I-210 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZone SMALL BUSINESS
CONCERNS (OCT 2014)
(IAW FAR 19.1309(b))
(c) Waiver of evaluation preference.
__ Offeror elects to waive the evaluation preference.
I-214
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)
(IAW FAR 19.708(a)) I-215
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2016-O0009)
(AUG 2016)
(IAW DARS Tracking # 2016-O0009)
(a) This clause does not apply to small business concerns.
(b) Definitions. As used in this clause— “Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).
“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.
“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).
“Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.
“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).
“Individual contract plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.
“Master plan” means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.
“Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.
(c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business concerns, small disadvantaged business, and women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract.
(d) The offeror’s subcontracting plan shall include the following:
(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors.
The offeror shall include all sub-contracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626:
(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe.
(ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.
(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.
(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.
(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.
(D) If the Contracting Officer does not receive a copy of the ANC’s or the Indian tribe’s written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.
(2) A statement of—
(i) Total dollars planned to be subcontracted for an individual contract plan; or the offeror’s total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan;
(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);
(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;
(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;
(v) Total dollars planned to be subcontracted to HUBZone small business concerns;
(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and
(vii) Total dollars planned to be subcontracted to women-owned small business concerns.
(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to—
(i) Small business concerns;
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns; and
(vi) Women-owned small business concerns.
(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.
(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the System for Award Management (SAM), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.
(6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with—
(i) Small business concerns (including ANC and Indian tribes);
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns (including ANC and Indian tribes); and
(vi) Women-owned small business concerns.
(7) The name of the individual employed by the offeror who will administer the offeror’s subcontracting program, and a description of the duties of the individual.
(8) A description of the efforts the offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.
(9) Assurances that the offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $700,000 ($1.5 million for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.
(10) Assurances that the offeror will—
(i) Cooperate in any studies or surveys as may be required;
(ii) Submit periodic reports so that the Government can determine the extent of compliance by the offeror with the subcontracting plan;
(iii) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by the Small Business Administration as small disadvantaged businesses), women-owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause;
(iv) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;
(v) Provide its prime contract number, its DUNS number, and the e-mail address of the offeror’s official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and
(vi) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own DUNS number, and the e-mail address of the subcontractor’s official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.
(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):
(i) Source lists (e.g., SAM), guides, and other data that identify small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns.
(ii) Organizations contacted in an attempt to locate sources that are small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, or women-owned small business concerns.
(iii) Records on each subcontract solicitation resulting in an award of more than $150,000, indicating—
(A) Whether small business concerns were solicited and, if not, why not;
(B) Whether veteran-owned small business concerns were solicited and, if not, why not;
(C) Whether service-disabled veteran-owned small business concerns were solicited and, if not, why not;
(D) Whether HUBZone small business concerns were solicited and, if not, why not;
(E) Whether small disadvantaged business concerns were solicited and, if not, why not;
(F) Whether women-owned small business concerns were solicited and, if not, why not;
and
(G) If applicable, the reason award was not made to a small business concern.
(iv) Records of any outreach efforts to contact—
(A) Trade associations;
(B) Business development organizations;
(C) Conferences and trade fairs to locate small, HUBZone small, small disadvantaged, and women-owned small business sources; and
(D) Veterans service organizations.
(v) Records of internal guidance and encouragement provided to buyers through—
(A) Workshops, seminars, training, etc.; and
(B) Monitoring performance to evaluate compliance with the program’s requirements.
(vi) On a contract-by-contract basis, records to support award data submitted by the offeror to the Government, including the name, address, and business size of each subcontractor. Contractors having commercial plans need not comply with this requirement.
(e) In order to effectively implement this plan to the extent consistent with efficient contract performance, the Contractor shall perform the following functions:
(1) Assist small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns by arranging solicitations, time for the preparation of bids, quantities, specifications, and delivery schedules so as to facilitate the participation by such concerns. Where the Contractor’s lists of potential small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business subcontractors are excessively long, reasonable effort shall be made to give all such small business concerns an opportunity to compete over a period of time.
(2) Provide adequate and timely consideration of the potentialities of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns in all “make-or-buy” decisions.
(3) Counsel and discuss subcontracting opportunities with representatives of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business firms.
(4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the SAM database or by contacting SBA.
(5) Provide notice to subcontractors concerning penalties and remedies for misrepresentations of business status as small, veteran-owned small business, HUBZone small, small disadvantaged, or women-owned small business for the purpose of obtaining a subcontract that is to be included as part or all of a goal contained in the Contractor’s subcontracting plan.
(6) For all competitive subcontracts over the simplified acquisition threshold in which a small business concern received a small business preference, upon determination of the successful subcontract offeror, the Contractor must inform each unsuccessful small business subcontract offeror in writing of the name and location of the apparent successful offeror prior to award of the contract.
(f) A master plan on a plant or division-wide basis that contains all the elements required by paragraph (d) of this clause, except goals, may be incorporated by reference as a part of the subcontracting plan required of the offeror by this clause; provided—
(1) The master plan has been approved;
(2) The offeror ensures that the master plan is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer; and
(3) Goals and any deviations from the master plan deemed necessary by the Contracting Officer to satisfy the requirements of this contract are set forth in the individual subcontracting plan.
(g) A commercial plan is the preferred type of subcontracting plan for contractors furnishing commercial items. The commercial plan shall relate to the offeror’s planned subcontracting generally, for both commercial and Government business, rather than solely to the Government contract. Once the Contractor’s commercial plan has been approved, the Government will not require another subcontracting plan from the same Contractor while the plan remains in effect, as long as the product or service being provided by the Contractor continues to meet the definition of a commercial item. A Contractor with a commercial plan shall comply with the reporting requirements stated in paragraph (d)(10) of this clause by submitting one SSR in eSRS for all contracts covered by its commercial plan. This report shall be acknowledged or rejected in eSRS by the Contracting Officer who approved the plan. This report shall be submitted within 30 days after the end of the Government’s fiscal year.
(h) Prior compliance of the offeror with other such subcontracting plans under previous contracts will be considered by the Contracting Officer in determining the responsibility of the offeror for award of the contract.
(i) A contract may have no more than one plan. When a modification meets the criteria in 19.702 for a plan, or an option is exercised, the goals associated with the modification or option shall be added to those in the existing subcontract plan.
(j) Subcontracting plans are not required from subcontractors when the prime contract contains the clause at 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items, or when the subcontractor provides a commercial item subject to the clause at 52.244-6, Subcontracts for Commercial Items, under a prime contract.
(k) The failure of the Contractor or subcontractor to comply in good faith with—
(1) The clause of this contract entitled “Utilization Of Small Business Concerns;” or
(2) An approved plan required by this clause, shall be a material breach of the contract.
(l) The Contractor shall submit ISRs and SSRs using the web-based eSRS at http://www.esrs.gov. Purchases from a corporation, company, or subdivision that is an affiliate of the prime Contractor or subcontractor are not included in these reports. Subcontract award data reported by prime Contractors and subcontractors shall be limited to awards made to their immediate next-tier subcontractors.
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