SPRWA1-18-R-0057.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

FD20601800115

5. SOLICITATION NUMBER

SPRWA1-18-R-0057

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

12OCT2018 3:30PM

12. DISCOUNT TERMS11. DELIVERY FOR FOB DEST.

UNLESS BLOCK IS MARKED

SEE SCHEDULE

10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE: % FOR:

SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS

HUBZONE SMALL (WOSB)ELIGIBLE UNDER THE WOMEN-OWNED

BUSINESS SMALL BUSINESS PROGRAM

NAICS CODE:

SERVICE-DISABLED EDWOSB 336412

VETERAN-OWNED SIZE STANDARD

SMALL BUSINESS 8 (A) 1500 :

13a. THIS CONTRACT IS A

RATED ORDER

UNDER DPAS

(15 CFR 700)

13b. RATING

DO: A1 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. SEE ELECTRONIC SUBMISSION OF PAYMENT REQUESTS, CLAUSE 252.232-7003.

SPRWA1

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

ROUTINE

Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 60 days.

Contractor authorized early delivery at no additional costs to the Government.

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

X

25. ACCOUNTING AND APPROPRIATION DATA SEE FUNDS SCHEDULE

X

SCD:C

EFT:T

Maximum

STANDARD FORM 1449 (REV. 2/2012) BACK

COMPUTER GENERATED 9/25/2018, 6:41 AM

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

SPRWA1-18-R-0057

SUPPLIES OR SERVICES AND PRICES/COSTS

All clauses/provisions in this solicitation and resultant contract are important and the offeror shall ensure that it has reviewed and understands each one. Signing the face page of the solicitation acknowledges review and agreement for vendor acknowledgement of all provisions contained within.

Note 1: For the purposes of paragraph (b) of FAR 52.21622, 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) 52.21619, 52.21622 and 252.2167006 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 Contract for the supplies specified herein. The total ordering period for the Indefinite Delivery/ Indefinite Quantity Contract will not exceed five (5) years.

Note 4: Pricing for each CLIN will be established IAW with “Attachment 1 Pricing Matrix”. The final negotiated unit prices will be incorporated at “Attachment 1 Pricing Matrix” of the contract.

Period of Contract Performance will begin upon date of basic contract award announcement.

Specific dates shall be established subsequent to contract award.

Note 5: Transportation of items delivered hereunder shall be in accordance with DD Form 1653 attached to delivery orders issued hereunder.

Note 6: Items delivered under this contract shall be packaged in accordance with specified AFMC Form 158 attached hereto.

Note 7: See Attachment 2 AFMC Form 260 for First Article Requirements specific to CLIN 0001.

Evaluation Criteria: The Responsible offeror with the lowest Total Evaluated Price (TEP) will be the awardee. See Attachment 1 Pricing Matrix with TEP definition.

Offeror's shall submit electronic responses to this solicitation via email to charles.massey.3@us.af.mil. Responses due by 12 October 2018, 3:30 PM

EST.

FIRST ARTICLES

Item No.

Firm Fixed Price

SEE

PRICING

MATRIX

U/I Unit Price Amount

2 EA

NSN: 2925-00-465-6344 GA

Starter-Generator Starter Generator that provides direct current power to helicopter Manufacturer Part Number

23046-020 Associated Document(s) Line Item(s)

FD20601800115 0001

Limitations of Liability: Other Than High Value Item

Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Higher Level Contract Quality Requirements The Contractor shall comply with the standard(s) listed below. (if more than one, check the appropriate standard.)

Title Number Date Tailoring

ISO 9001-2008 2008

Trade Agreement Act Type / Ship To PACRN Mark For

A FD2060 FIRST ARTICLES - DO NOT POST

Type / Ship To Quantity (U/I) *ARO Contract _ Req No / Pri

Required Delivery

A FD2060 2 EA *90 Calendar Days

Proposed Delivery

A FD2060 2 EA

First Article units listed above to be shipped to FD2060: DLA Central Receiving, DDWG ER, Special Handling, First Article Unit, 455 Byron Street, WR-ALC Robins AFB, GA 31098-1887.

DATA

Item No.

DATA

Exhibit: AA

A001 - Counterfeit Prevention Plan

Item No.

0002AA

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

DATA

Associated with LI: 0003 A001 - Test/Inspection Report

DI-NDTI-80809B/T

Exhibit: AA

A002 - First Article Test Plan

Item No.

0002AB

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

DATA

Associated with LI: 0003 A002 - First Article Test Plan

DI-NDTI-81307A/T

Exhibit: AA

A003 -Item Unique Identification (IUID) Marking Plan

Item No.

0002AC

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

DATA

Associated with LI: 0003 A003 -Item Unique Identification (IUID) Marking Plan

DI-MGMT-81803

Exhibit: AA

A004 - IUID Marking Activity, Validation, and Verification Plan

Item No.

0002AD

A004 - IUID Marking Activity, Validation, and Verification Plan

Firm Fixed Price Quantity U/I Unit Price Amount

1 LO

DATA

Associated with LI: 0003 A004 - IUID Marking Activity, Validation, and Verification Report

DI-MGMT-81804

Exhibit: AA

Production units shall not start until approval of First Articles by authorized DLA

PCO.

Contractor is to pay close attention to FAR provision 52.209-3(g) of the solicitation concerning First Article approval and production.

PRODUCTION UNITS

Item No.

Firm Fixed Price

SEE

PRICING

MATRIX

U/I Unit Price

EA

NSN: 2925-00-465-6344 GA

Starter-Generator Starter Generator that provides direct current power to helicopter Manufacturer Part Number

23046-020 Associated Document(s) Line Item(s)

FD20601800115 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

Trade Agreement Act

Transportation From Continental United States CONUS (CONUS) Sources

TYPE / SHIP TO CODE F.O.B.

A SW3222 ORIGIN

Type / Ship To PACRN Mark For

A SW3222 FLZ RIC

PRODUCTION UNITS

Type / Ship To Quantity (U/I) *ARO Delivery Order; Production units shall not be dellivered until approval of First Articles

_ Req No / Pri

Required Delivery

A SW3222 55 EA *180 Calendar Days

Proposed Delivery

A SW3222 55 EA

Estimated quantities listed above are projected for the basic period of the resulting contract.

See attached Pricing Matrix for quantities solicited per pricing period.

Production units awarded under CLIN 0003 for the first delivery order will be shipped to address listed above, SW3222, only after approval of First Articles from an authorized DLA PCO.

Subsequent Delivery Orders will be established with corresponding delivery ship to addresses as well as mark-for.

PRICING PERIOD 1: PRODUCTION UNITS

Item No.

Firm Fixed Price

SEE

PRICING

MATRIX

U/I Unit Price

EA

NSN: 2925-00-465-6344 GA

Starter-Generator Starter Generator that provides direct current power to helicopter Manufacturer Part Number

23046-020 Associated Document(s) Line Item(s)

FD20601800115 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

Trade Agreement Act

PRICING PERIOD 1: PRODUCTION UNITS

+ TBD TBD

Type / Ship To Quantity (U/I) *ARO Delivery

Order; Production units shall not be dellivered until approval of First Articles

_ Req No / Pri

Required Delivery

+ TBD 20 EA *180 Calendar Days

Proposed Delivery

+ TBD 20 EA

Estimated quantities listed above are projected for the first pricing period. See attached Pricing Matrix for quantities solicited per pricing period.

Subsequent Delivery Orders will be established with corresponding delivery ship to addresses as well as mark-for.

PRICING PERIOD 2: PRODUCTION UNITS

Item No.

Firm Fixed Price

SEE PRICING

MATRIX

U/I Unit Price

EA

NSN: 2925004656344 GA

StarterGenerator Starter Generator that provides direct current power to helicopter Manufacturer Part Number

23046020 Associated Document(s) Line Item(s)

FD20601800115 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 90012008 2008

Trade Agreement Act

+ TBD TBD

PRICING PERIOD 2: PRODUCTION UNITS

Type / Ship To Quantity (U/I) *ARO Delivery Order; Production units shall not be dellivered until approval of First Articles

_ Req No / Pri

Required Delivery

+ TBD 20 EA *180 Calendar Days

Proposed Delivery

+ TBD 20 EA

Estimated quantities listed above are projected for pricing period 2. See attached Pricing Matrix for quantities solicited per pricing period.

Subsequent Delivery Orders will be established with corresponding delivery ship to addresses as well as mark-for.

PRICING PERIOD 3: PRODUCTION UNITS

Item No.

Firm Fixed Price

SEE

PRICING

MATRIX

U/I Unit Price

EA

NSN: 2925-00-465-6344 GA

Starter-Generator Starter Generator that provides direct current power to helicopter Manufacturer Part Number

23046-020 Associated Document(s) Line Item(s)

FD20601800115 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

Trade Agreement Act

PRICING PERIOD 3: PRODUCTION UNITS

Type / Ship To Quantity (U/I) *ARO Delivery Order; Production units shall not be dellivered until approval of First Articles

_ Req No / Pri

Required Delivery

+ TBD 20 EA *180 Calendar Days

Proposed Delivery

+ TBD 20 EA

Estimated quantities listed above are projected for pricing period 3. See attached Pricing Matrix for quantities solicited per pricing period.

Subsequent Delivery Orders will be established with corresponding delivery ship to addresses as well as mark-for.

PRICING PERIOD 4: PRODUCTION UNITS

Item No.

Firm Fixed Price

SEE PRICING

MATRIX

U/I Unit Price

EA

NSN: 2925004656344 GA

StarterGenerator Starter Generator that provides direct current power to helicopter Manufacturer Part Number

23046020 Associated Document(s) Line Item(s)

FD20601800115 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 90012008 2008

Trade Agreement Act

PRICING PERIOD 4: PRODUCTION UNITS

Type / Ship To Quantity (U/I) *ARO Delivery Order; Production units shall not be dellivered until approval of First Articles

_ Req No / Pri

Required Delivery

+ TBD 20 EA *180 Calendar Days

Proposed Delivery

+ TBD 20 EA

Estimated quantities listed above are projected for pricing period 4. See attached Pricing Matrix for quantities solicited per pricing period.

Subsequent Delivery Orders will be established with corresponding delivery ship to addresses as well as mark-for.

SHIP TO / PLACE OF PERFORMANCE

TYPE/CODE: + TBD

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

AWARD NUMBER:

TYPE/CODE: A FD2060

DLA CENTRAL RECEIVING

DDWG ER

455 BYRON ST

ROBINS AFB GA 310981887

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

AWARD NUMBER:

TYPE/CODE: A SW3222

DLA DISTRIBUTION CORPUS CHRISTI TX

DDCTS 540 FIRST STREET SE

BLDG 1846

CORPUS CHRISTI TX 784195255

USA

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))

252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS

(DEC 1991)

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

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (AUG 2018)

(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) 52.20319,Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.20910, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(3) 52.2333, Protest After Award (Aug 1996)(31 U.S.C 3553).

(4) 52.2334, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 10877 and 10878 (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) 52.2036, 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).

__ __ (2) 52.20313, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

__ __ (3) 52.20315, Whistleblower Protections Under the American Recovery and Reinvestment

Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 1115). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__X __ (4) 52.20410, Reporting Executive Compensation and FirstTier Subcontract Awards (Oct 2016) (Pub. L. 109282) (31 U.S.C. 6101 note).

(5) [Reserved] __ __ (6) 52.20414, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111117, section 743 of Div. C).

__ __ (7) 52.20415, Service Contract Reporting Requirements for IndefiniteDelivery Contracts

(Oct 2016) (Pub. L. 111117, section 743 of Div. C).

__X __ (8) 52.2096, 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) 52.2099, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

(10) [Reserved} __ __ (11) (i) 52.2193, Notice of HUBZone SetAside or SoleSource Award (Nov 2011)(15 U.S.C.

657a).

__ __ (11) (ii) Alternate I (Nov 2011) of 52.2193.

__X __ (12) (i) 52.2194, 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) 52.2196, 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) 52.2197, 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) 52.2198, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and

(3)).

__ _ (17) (i) 52.2199, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637(d)(4)). (In accordance with DARS Tracking Number 2018‐O0013, Class Deviation—Subcontract Reporting, this clause and alternate IV are replaced with FARS Deviation(s) dated April 2018. 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) 52.21913, Notice of Set‐Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

__ __ (19) 52.21914, Limitations on Subcontracting (Jan 2017)(15 U.S.C. 637(a)(14)).

__X __ (20) 52.21916, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ __ (21) 52.21927, Notice of Total Service‐Disabled Veteran‐Owned Small Business Set‐Aside

(Nov 2011)(15 U.S.C. 657 f).

__X __ (22) 52.21928, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

__ __ (23) 52.21929, Notice of Set‐Aside for, or Sole source Award to, Economically

Disadvantaged Women‐Owned Small Business Concerns (Dec 2015) (1 U.S.C.

637(m)).

__ __ (24) 52.21930, 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) 52.2223, Convict Labor (June 2003)(E.O. 11755).

__X __ (26) 52.22219, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

__X __ (27) 52.22221, Prohibition of Segregated Facilities (Apr 2015).

__X __ (28) 52.22226, Equal Opportunity (Sept 2016)(E.O. 11246). (In accordance with DPAP Memo dated 01 September 2017, DAR Tracking Number 2017‐O0008, Class Deviation—Office of Federal Contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts, this clause is replaced with DFARS Deviation(s) dated Sept 2017, listed below when applicable. Effective until incorporated into the FAR or DFARS or until rescinded.)

__X __ (29) 52.22235, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).

(In accordance with DPAP Memo dated 01 September 2017, DAR Tracking Number 2017‐O0008, Class Deviation—Office of Federal Contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts, this clause is replaced with DFARS Deviation(s) dated Sept 2017, listed below when applicable. Effective until incorporated into the FAR or DFARS or until rescinded.)

__X __ (30) 52.22236, Equal Opportunity For Workers with Disabilities (Jul 2014)(29 U.S.C. 793). (In accordance with DPAP Memo dated 01 September 2017, DAR Tracking Number 2017‐O0008, Class Deviation—Office of Federal Contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts, this clause is replaced with DFARS Deviation(s) dated Sept 2017, listed below when applicable. Effective until incorporated into the FAR or DFARS or until rescinded.)

__X __ (31) 52.22237, Employment Reports on Veterans (Feb 2016)(38 U.S.C. 4212).

__X __ (32) 52.22240, Notification of Employee Rights Under the National Labor relations Act (Dec

2010) E.O. 13496).

__X __ (33) (i) 52.22250, 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) 52.22254, 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) (i) 52.2239, 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.)

__ __ (35) (ii) Alternate I (May 2008) of 52.223‐9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off‐the‐shelf items.)

__ __ (36) 52.22311, Ozone‐Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June 2016) (E.O. 13693).

__ __ (37) 52.22312, Maintenance, Service, repair, or Disposal of Refrigeration Equipment and Air Conditioners (June 2016) (E.O.13693).

__ __ (38) (i) 52.22313, Acquisition of EPEAT®‐Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ __ (38) (ii) Alternate I (Oct 2015) of 52.223‐13.

__ __ (39) (i) 52.22314, Acquisition of EPEAT®‐Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

__ __ (39) (ii) Alternate I (Jun 2014) of 52.223‐14.

__ __ (40) 52.22315, Energy Efficiency in Energy‐Consuming Products (Dec 2007) (42.U.S.C.

8259b).

__ __ (41) (i) 52.22316, Acquisition of EPEAT®‐Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

__ __ (41) (ii) Alternate I (Oct 2015) of 52.223‐16.

__X __ (42) 52.22318, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug

2011) (E.O.13513).

__ __ (43) 52.22320, Aerosols (Jun 2016) (E.O. 13693) __ __ (44) 52.22321, Foams (Jun 2016) (E.O. 13693).

__X __ (45) (i) 52.2243, Privacy Training (Jan 2017) (5 U.S.C. 552a).

______ (45) (ii) Alternate I, (Jan 2017) of 52.244‐3.

__ __ (46) 52.2251, Buy American‐‐Supplies (May 2014) (41 U.S.C. chapter 83).

__ __ (47) (i) 52.2253, 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).

__ _ (47) (ii) Alternate I (May 2014) of 52.225‐3.

__ _ (47) (iii) Alternate II (May 2014) of 52.225‐3.

__ _ (47) (iv) Alternate III (May 2014) of 52.225‐3.

__ __ (48) 52.2255, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__X __ (49) 52.22513, 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).

__ __ (50) 52.22526, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ __ (51) 52.2264, Notice of Disaster or Emergency Area Set‐Aside (Nov 2007)(42 U.S.C. 5150).

__ __ (52) 52.2265, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov

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

__ __ (53) 52.23229, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C.

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

__ __ (54) 52.23230, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4505, 10

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

__X __ (55) 52.23233, Payment by Electronic Funds Transfer—System for Award Management (Jul

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

__ __ (56) 52.23234, Payment by Electronic Funds Transfer—Other than System for Award

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

__ __ (57) 52.23236, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ __ (58) 52.2391, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).

__X __ (59) 52.2425, Payment to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(12)).

__ __ (60) (i) 52.24764, Preference for Privately Owned U.S.‐Flag Commercial Vessels (Feb 2006)

(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ _ (60) (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) 52.22217, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

__ __ (2) 52.22241, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ __ (3) 52.22242, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ __ (4) 52.22243, 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) 52.22244, 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) 52.22251, 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) 52.22253, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014)(41 U.S.C. chapter 67).

__ __ (8) 52.22255, Minimum Wages Under Executive Order 13658 (Dec 2015).

__ __ (9) 52.22262, Paid Sick Leave Under Executive Order 13706. (Jan 2017) (E.O. 13706).

__ __ (10) 52.2266, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42

U.S.C. 1792).

__ __ (11) 52.23711, 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) 52.20313, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.20319, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113‐235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.2198, 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) 52.22217, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow Down required in accordance with paragraph (l) of FAR clause 52.222‐17.

(v) 52.22221, Prohibition of Segregated Facilities (Apr 2015).

(vi) 52.22226, Equal Opportunity (Sept 2016) (E.O. 11246). (In accordance with DPAP Memo dated 01 September 2017, DAR Tracking Number 2017‐O0008, Class Deviation—Office of Federal Contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts, this clause is replaced with DFARS Deviation(s) dated Sept 2017, listed below when applicable. Effective until incorporated into the FAR or DFARS or until rescinded.)

(vii) 52.22235, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (In accordance with DPAP Memo dated 01 September 2017, DAR Tracking Number 2017‐O0008, Class Deviation—Office of Federal Contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts, this clause is replaced with DFARS Deviation(s) dated Sept 2017, listed below when applicable. Effective until incorporated into the FAR or DFARS or until rescinded.)

(viii) 52.22236, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (In accordance with DPAP Memo dated 01 September 2017, DAR Tracking Number 2017‐O0008, Class Deviation—Office of Federal Contract Compliance Programs Waiver of Certain Clause Requirements in Contracts for Hurricane Harvey Relief Efforts, this clause is replaced with DFARS Deviation(s) dated Sept 2017, listed below when applicable. Effective until incorporated into the FAR or DFARS or until rescinded.)

(ix) 52.22237, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(x) 52.22240, 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) 52.22241, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xii) __X __ (A) 52.22250, 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) 52.22251, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.22253, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

(xv) 52.22254, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvi) 52.22255, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.22526, 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).

(xviii) 52.2266, 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.

(xix) 52.24764, 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) (APR 2018)

(IAW DFARS 219.708(b)(1)(B))

252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)

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

252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)

(IAW DFARS 225.7002-3(a))

252.225-7021 TRADE AGREEMENTS--BASIC (DEC 2017)

(IAW DFARS 225.1101(6))

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 DoDapproved 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 nonelectronic 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

(MAY 2018)

(IAW DFARS 232.1110)

(Applicable at or below the micropurchase 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 micropurchase 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 252.2447000)

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

(IAW DFARS 247.574(b))

ADDENDUM TO CLAUSE 52.2124

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, employeeemployer actions, contests of OMB Circular A76 competition performance decisions).

(c) The Competition Advocate (CA) at each contracting activity/office (as defined in DLAD 2.101) shall act as the ombudsman and attempt to resolve contractor complaints. DLA Aviation Warner Robins’/ombudsman can be reached at: 4789265000 for actions prior to contract award. Complaints which cannot be so resolved shall be forwarded to the HQ through J72 for resolution by the DLA competition advocate. Each activity is responsible for developing procedures for executing the duties and responsibilities of its local ombudsman.

(d) The ombudsman has no authority to render a decision that binds the agency.

(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements.

Such inquiries shall be directed to the Contracting Officer.

(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)

252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS

(SEP 2013)

(IAW DFARS 203.970)

(Applicable to all solicitations and contracts)

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)

52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES

DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED

ENTITIES (JUL 2018)

(IAW FAR 4.2004)

52.204-23 BASIC AGREEMENT APPLICABILITY (JUL 2018)

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 commercialofftheshelf 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 252.2047014 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 CLIN 0001 SEE AFMC Form 260 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. 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.

CLIN 0001 SEE AFMC Form 260

FA Test Report Item ***Type/Location **Calendar Days SEE AFMC Form 260 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 CLIN 0001 2 See AFMC Form 260 See AFMC Form 260

(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.

CLIN 0001 See AFMC Form 260

(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. 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 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, the Contractor—

(1) May deliver the approved first article as a part of the contract quantity, provided it meets all contract requirements for acceptance and was not consumed or destroyed in testing; and

(2) Shall remove and dispose of any first article from the Government test facility at the Contractor's expense.

(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) The Contractor is responsible for providing operating and maintenance instructions, spare parts support, and repair of the first article during any first article test.

(h) 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.

(i) 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.)

52.211-8 TIME OF DELIVERY (JUN 1997)

(IAW FAR 11.404(a)(2))

D…