SPRWA119R0007final.pdf
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- Attached to
- Power Supply Solutions (PS2) Federal contract opportunity
- Solicitation number
- SPRWA1-19-R-0007
About this file
This is a synopsis for a multiple award indefinite delivery indefinite quantity contract solicitation seeking power supply solutions. The Air Force Materiel Command Lifecycle Management Center plans to award up to six contracts worth a total of $800 million over ten years. The initial requirements are for three national stock numbered power supply items, with estimated quantities to be ordered over five pricing periods. Additional stock numbered items may be added to the contracts once established. A draft request for proposal is expected to be posted within five to ten days for industry to review and provide comments on before final release. Two of the up to six contracts will be set aside for small businesses.
SOLICITATION SPRWA119R0007 FINAL RFP
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Text version
STANDARD FORM 1447 (2/2012)
Prescribed by GSA FAR (48 CFR) 53.215-1(d)
4. SOLICITATION NUMBER
SPRWA1-19-R-0007
6.SOLICITATION ISSUE DATE
29 MAY 2019
8. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: See Block 17
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOSB PROGRAM
HUBZONE SMALL
BUSINESS EDWOSB
SERVICE-DISABLED VETERAN-
OWNED SMALL BUSINESS NAICS CODE: 335999
8(A) SIZE STANDARD: 500
DATE SIGNED
28. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
26. AWARD OF CONTRACT: YOUR OFFER ON SOLICITATION NUMBER
SHOWN IN BLOCK 4 INCLUDING ANY ADDITIONS OR CHANGES WHICH
ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
ROUTINE
Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 120 days.
*BLOCK 8 Note: Partial Set-Aside with 2 contracts set-aside to Small Businesses See Note 14 below for additional information
There are specific contractor fill-ins required by section/clauses contained in this solicitation.
You are cautioned to review and complete all required fill-ins.
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: A7
3. AWARD/EFFECTIVE DATE
SPRWA1
2. CONTRACT NO.
X
CHECK IF REMITTANCE IS DIFFERENT
AND PUT SUCH ADDRESS IN OFFER
17.
ITEM NO.
12. ADMINISTERED BY CODE
Estimated
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 1
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SETFORTH OR OTHERWISE
IDENTIFIED ABOVE AND ON ANY CONTINUATION SHEETS SUBJECT
THE TERMS AND CONDITIONS SPECIFIED HEREIN.
10. ITEMS TO BE PURCHASED (BRIEF DESCRIPTION)
SUPPLIES SERVICES All Other Miscellaneous Electrical Equipment and Component 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.
21-AUG-2019 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: Traci L. Marshall/DLA/AWB Traci.Marshall@us.af.mil Phone: (478) 258- 3907 Fax: (000) 000-0000 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
X *
FINAL
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
FOLD FOLD
SOLICITATION NO. SPRWA119R0007
DUE: 21 AUG 2019 3:30 PM
FROM: AFFIX
STAMP
HERE
TO:
ATTN: Traci L Marshall/DLA/AWB
DLA AVIATION, DLR PROCUREMENT OPERATIONS (AW)
235 BYRON ST STE 19A
ROBINS AFB GA 31098-1813
SPRWA1-19-R-0007
PART I - THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES/COSTS
Power Supply Solutions (PS2)
Description: This is to establish a Multiple Award Contract to provide power supply solutions as described in the attached Statement of Work (SOW) in Section J.
Note 1: Awards resulting from this solicitation are anticipated to be Indefinite Delivery, Indefinite Quantity (IDIQ) type contracts IAW FAR 16.504
Note 2: For the purposes of paragraph (b) of FAR 52.216-22 Indefinite Quantity, the contractual “minimum” shall be a value that equals the price of one (1) each First Article for one (1) National Stock Number (NSN) (dollars to be determined at time of award).
Note 3: The cumulative value of all contracts awarded as a result of this solicitation shall not exceed $800,000,000.
Note 4: FAR clause(s) 52.216-22 the Contractor shall not be required to make any deliveries under this contract after “completion of all orders on the contract.” For 252.216-7006, orders may be issued “10 years from date of award, subject to option exercise.”
Note 5: Delivery Orders will be issued by contracting officers in DLA Aviation Procurement Operations at Robins
AFB, GA
Note 6: Ordering Periods for the basic contract will be five (5) years with one five year option. Period of Performance for each Delivery Order will be determined at the time a requirement generates and will be cited in each Delivery Order.
Note 7: The Government reserves the right to add National Stock Numbers (NSN) which meet the specifications of this requirement. These NSNs will be competed against the Multiple Award ID/IQ contract using procedures found in FAR part FAR 16.505 (b).
Note 8: To denote each 12 month Pricing Period for the 5-year basic ordering period and 5-year option, the first position of each CLIN will change as follows:
“0” = Award of Basic contract thru 12 Calendar months “1” = 13 Calendar Months after Basic Award through 24 Calendar Months “2” = 25 Calendar Months after Basic Award through 36 Calendar Months “3” = 37 Calendar Months after Basic Award through 48 Calendar Months “4” = 49 Calendar Months after Basic Award through 60 Calendar Months “5” = 61 Calendar Months after Basic Award through 72 Calendar Months “6” = 73 Calendar Months after Basic Award through 84 Calendar Months “7” = 85 Calendar Months after Basic Award through 96 Calendar Months “8” = 97 Calendar Months after Basic Award through 108 Calendar Months “9” = 109 Calendar Months after Basic Award through 120 Calendar Months
Note 9: More than one contract for each NSN may be awarded.
Note 10: There are specific contractor fill-ins required by sections/clauses contained in this solicitation. You are cautioned to review and complete all required fill-ins.
Note 11: All clauses/provisions in this RFP and resultant contract(s) are important and the offeror shall ensure that it has reviewed and understands each one.
Note 12: This requirement is being evaluated utilizing a Technically Acceptable, Small Business Acceptable with Performance/Price trade-off procedure. See Solicitation Sections L-900 and M-900.
Note 13: IAW FAR 52-215.1(f)(2) The Government may reject any or all proposals if such action is in the Government's best interest.
Note 14: Up to 6 contracts with 2 being set-aside for small businesses may be awarded as a result of this RFP/solicitation IAW FAR 52.216-27.
Note 15: Pricing should be provided in accordance with Sections L & M of this Request for Proposal. All pricing information should be provided on Attachment 4 Pricing Matrix. Do not fill in the Contract Line Item unit Prices or totals.
Note: 16: NSNs 6130-01-269-3624, 6130-01-183-3927 and 6130-01-664-5626 on Pricing Matrix are used as placeholders until after First Article approval, at which time the USAF will generate a new NSN for the newly approved configuration.
Note 17: Progress Payments may be authorized as part of this acquisition. Please ensure that you meet all requirements for authorization of progress payments prior to submitting your proposal. Contact your cognizant Administrative Contracting Officer (ACO) with the Defense Contract Management Agency (DCMA) for additional details.
Data Item No.
X001
Not Separately Priced Quantity U/I Unit Price
LO NSP
Data DATA CDRLs A001-A00Y IAW DD1423s
This is a list of all CDRLs that may be utilized for future orders. See the Requirements Description Document for each Order for CDRLs applicable to individual efforts. Note the CDRLS may be tailored for individual efforts.
Associated Document(s) Line Item(s)
FD20601900222 0003
FD20601900490 0003
FD20601900491 0003
Priority: R
Limitations of Liability: Other Than High Value Item
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: IAW DD 1423 Quality Assurance: Standard Inspection Type / Ship To Quantity (U/I) Req No / Pri
Required Delivery
LO
Proposed Delivery
LO
ELIN Description A001 Government Property Inventory Report A002 IUID Marking Plan A003 IUID Marking Activity, Validation, and Verification Report A004 Counterfeit Prevention Plan A005 GIDEP Alert Response A006 Trip/Travel Report A007 See CLIN X004 A008 Test and Evaluation Program Plan A009 Configuration Management Plan A010 Configuration Audit Summary Report and Certification A011 Program Management Plan A012 Conference Agenda A013 Conference Minutes A014 Presentation Materials A015 Status Report A016 Design Review Information Package A017 Acceptance Test Procedure A018 Acceptance Test/Inspection Report A019 Qualification Test Procedure A020 Qualification Test/Inspection Report
FIRST ARTICLE
All Contractors Must Submit FA Item No.
X002
Firm Fixed Price Quantity U/I Unit Price Amount
EA SEE PRICING MATRIX
FIRST ARTICLE
All Contractors Must Submit FA
FA
First Article
TO BE CITED ON EACH INDIVIDUAL ORDER
IAW AFMC FORM 260SEE ATTACHED PRICING MATRIX FOR NSN LIST
Associated Document(s) Line Item(s)
FD20601900222 0002
FD20601900490 0002
FD20601900491 0002
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Quality requirements may vary for each NSN. See QA807 for Quality requirements specific to each NSN.
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
+ TBC DESTINATION
Class I ODS Substance Application/Use Quantity
NONE
None Type / Ship To Quantity (U/I) To be cited on individual orders issued hereunder
_ Req No / Pri
Required Delivery
+ TBC EA TBC
Proposed Delivery
+ TBC EA
NOTE: First Article Inspection Instructions may vary for each individual Order. Please see FORM 260 for each NSN for details.
See Requirement Description Documents for delivery schedule specific to each NSN. The delivery schedule for each NSN is also cited on the Pricing Matrix.
No Costs will be paid on CLIN X003 (Production) until production quantities are authorized and First Articles (CLIN X002) are approved unless otherwise noted on individual delivery orders.
PRODUCTION
Item No.
X003
Firm Fixed Price Quantity U/I Unit Price Amount
EA SEE PRICING MATRIX
TO BE CITED ON INDIVIDUAL ORDERS
SEE ATTACHED PRICING MATRIX FOR NSN LIST
Associated Document(s) Line Item(s)
FD20601900222 0001
FD20601900490 0001
FD20601900491 0001
Limitations of Liability: Other Than High Value Item
Inspection: Origin Acceptance: Origin Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Quality requirements may vary for each NSN. See QA807 for Quality requirements specific to each NSN Buy American Act/Balance of Payments Program
Transportation From Continental United States CONUS (CONUS) Sources
TYPE / SHIP TO CODE F.O.B.
+ TBC ORIGIN
Type / Ship To Quantity (U/I) To be cited on individual orders issued hereunder
_ Req No / Pri
Required Delivery
+ TBC EA TBC
Proposed Delivery
+ TBC EA
See Requirement Description Documents for delivery schedule specific to each NSN. The delivery schedule for each NSN is also cited on the Pricing Matrix.
No Costs will be paid for Technical Data Package CDRL A007 (CLIN X004) until authoritzed after the acceptance of the First Article (X002) unless otherwise noted on individual delivery orders
TECHNICAL DATA PACKAGE
Item No.
X004
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO SEE PRICING MATRIX
Data
DATA CDRL A007 IAW DD1423
CDRL A007 may not be required for each NSN. See the Requirements Description Document for applicabilty to specific NSN. Note the CDRL may be tailored for individual efforts.
Associated Document(s) Line Item(s)
FD20601900222 0003
Priority: R
Limitations of Liability: Other Than High Value Item
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: IAW DD 1423 Quality Assurance: Standard Inspection Type / Ship To Quantity (U/I) Req No / Pri
Required Delivery
LO
Proposed Delivery
LO
SHIP TO / PLACE OF PERFORMANCE
TYPE/CODE: + TBC
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
52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)
(IAW FAR 46.302)
(Applicable for supplies, services furnishing of supplies, fixed-price and exceeds the simplified acquisition threshold)
52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
(IAW FAR 46.316)
(Applicable to the furnishing of supplies, services involving the furnishing of supplies, or research and development, when a fixed-price contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold)
INSPECTION AND ACCEPTANCE (SEP 1999)
(IAW FAR 46.401(b), FAR 46.503) (Applicable to all orders issued hereunder)
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:
Government Contract Quality Assurance Inspection and Acceptance will be at destination(s) specified herein (Final).
Item No(s): X001, X004
PART I - THE SCHEDULE
SECTION F
DELIVERIES OR PERFORMANCE
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.
(Applicable when the Government desires delivery by a certain time but requires delivery by a specified later time, and the delivery schedule is to be based on the date of the contract)
52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)
(IAW FAR 11.703(b)) (Applicable when fixed-price supplies are furnished)
52.242-15 STOP-WORK ORDER (AUG 1989)
(IAW FAR 42.1305(b)(1)) (Applicable for supplies, services, or research and development)
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
(IAW FAR 42.1305(c)) (Applicable to fixed-price for supplies other than commercial or modified-commercial items)
52.247-30 F.O.B. ORIGIN, CONTRACTOR'S FACILITY (FEB 2006)
(IAW FAR 47.303-2(c)) (Applicable to f.o.b. origin at contractor's facility)
52.247-34 F.O.B. DESTINATION (NOV 1991)
(IAW FAR 47.303-6(c)) (Applicable when delivery term is f.o.b. destination)
52.247-48 F.O.B. DESTINATION--EVIDENCE OF SHIPMENT (FEB 1999)
(IAW FAR 47.305-4(c)) Applicable Item No(s) X002
(Applicable when f.o.b. destination but inspection and acceptance will be at origin)
52.247-65 F.O.B. ORIGIN, PREPAID FREIGHT--SMALL PACKAGE SHIPMENTS (JAN 1991)
(IAW FAR 47.303-17(f)) (Applicable when specifying f.o.b. origin)
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]
(Applicable when delivery term is f.o.b. origin)
PART I - THE SCHEDULE
SECTION G
CONTRACT ADMINISTRATION DATA
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(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.
(Applicable when 252.232-7003 is used and neither 232.7003(b) nor (c) apply)
PAYMENT INSTRUCTIONS:
In accordance with DFARS PGI 204.7108 Payment Instructions and OUSD(AT&L)/DPAP Memo dated 08 Mar 18 the following link shall be inserted when payment instructions are required.
https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_71.htm#payment_instructions
Instructions as required on each individual order
ACCOUNTING AND APPROPRIATION DATA (AUG 1998)
Accounting and Appropriation Chargeable ACRN Funds Citation Amount Chargeable
AA TO BE ESTABLISHED ON INDIVUAL ORDERS $0.00
ACRN TOTAL $ 0.00
PART II - CONTRACT CLAUSES
SECTION I
CONTRACT CLAUSES
52.202-1 DEFINITIONS (NOV 2013)
(IAW FAR 2.201)
(Applicable when the simplified acquisition threshold is exceeded)
52.203-3 GRATUITIES (APR 1984)
(IAW FAR 3.202)
(Applicable when simplified acquisition threshold is exceeded, except for personal services and those between military departments or defense agencies and foreign governments that do not obligate any funds appropriated to the Department of Defense)
52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
(IAW FAR 3.404)
(Applicable when simplified acquisition threshold is exceeded other than those for commercial items (see Parts 2 and 12))
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
(IAW FAR 3.503-2)
52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)
(IAW FAR 3.502-3)
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY (MAY 2014)
(IAW FAR 3.104-9(a))
(Applicable when noncommercial and the simplified acquisition threshold is exceeded)
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
(IAW FAR 3.104-9(b))
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(OCT 2010)
(IAW FAR 3.808(b))
(Applicable over $150,000)
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)
(IAW FAR 3.1004(a)) (Applicable to solicitations and contracts exceeding $5.5 million and the period of performance is greater than 120 days, unless for the acquisition of a commercial item under Part 12 or performed entirely outside the U.S.)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS (JAN 2017)
(IAW FAR 3.909-3 (b))
(Applicable in all solicitations and resultant contracts other than personal services contracts with individuals)
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS
(SEP 2011)
(IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))
(Applicable to all solicitations and contracts)
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER
DEFENSE-CONTRACT-RELATED FELONIES (DEC 2008)
(IAW DFARS 203.570-3)
(Applicable when exceeding the simplified acquisition threshold (except for commercial items))
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(SEP 2013)
(IAW DFARS 203.970)
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)
(IAW DFARS 203.1004(a), DFARS 212.301(f)(iii)) (Applicable to solicitations and contracts when FAR 52.203-13 is included)
252.203-7004 DISPLAY OF HOTLINE POSTERS (OCT 2016)
(IAW DFARS 203.1004(b)(2)(ii)) (Applicable to acquisitions over $5.5 million, except for commercial items)
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (MAY 2011)
(IAW FAR 4.303)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (OCT 2018)
(IAW FAR 4.1403(a))
(Applicable over $30,000, unless not required to be reported in FPDS)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
(IAW FAR 4.1105(b)) (Applicable to solicitations that contain the provision at 52.204-7, and resulting 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))
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)
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
(IAW DFARS 204.404-70(b)) (Applicable to all orders issued hereunder)
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
(IAW DFARS 204.7109)
(Applicable when any of the instructions at PGI 204.7108(d)(1) through (6) apply or other instructions that require contractor identification of the contract line item(s) on the payment request)
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (OCT 2016)
(IAW DFARS 204.7304(c))
(Applicable to all solicitations and contracts, including commercial except when solely for commercial-off-the-shelf items)
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION
SUPPORT (MAY 2016)
(IAW DFARS 204.7403(c), DFARS 212.301(f)(ix))
(Applicable to solicitations and contracts that involve litigation support services when 252.204-7014 is not included)
252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS
(DEC 1991)
(IAW DFARS 205.470, DFARS 212.301(f)(x))
(Applicable over $1,000,000)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
(OCT 2015)
(IAW FAR 9.409)
(Applicable when exceeding $35,000)
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING
RESPONSIBILITY MATTERS (OCT 2018)
(IAW FAR 9.104-7(c))
(Applicable to solicitations and contracts over $550,000 and contracts where the offeror has checked “has” in paragraph (b) clause 52.209-7)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(NOV 2015)
(IAW FAR 9.108-5(b))
(Applicable to all solicitations and contracts for the acquisition of products and services (including construction) unless waived
IAW FAR 9.108-4)
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)
(Applicable to solicitations and contracts with a value of $150,000 or more)
52.210-1 MARKET RESEARCH (APR 2011)
(IAW FAR 10.003)
(Applicable to solicitations and contracts over $5.5 million for the procurement of items other than commercial items)
52.211-5 MATERIAL REQUIREMENTS (AUG 2000)
(IAW FAR 11.304)
(Applicable to supplies that are not commercial items)
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).
(Applicable to all rated orders)
52.215-2 AUDIT AND RECORDS--NEGOTIATION (OCT 2010)
(IAW FAR 15.209(b)(1)) (Applicable if negotiated and above the simplified acquisition threshold, except commercial items and utility services at public prices plus reasonable connection charge)
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
(IAW FAR 15.209(h), AFFARS 53.15.209(h)) (Applicable when using uniform contract format that is not commercial or for construction)
52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)
(IAW FAR 15.408(f)(1)) (Applicable when negotiated and exceeding the simplified acquisition threshold)
52.216-19 ORDER LIMITATIONS (OCT 1995)
(IAW FAR 16.506(b))
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than
The Price of One (1) First Article, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor--
(1) Any order for a single item in excess of N/A
(2) Any order for a combination of items in excess of N/A; or
(3) A series of orders from the same ordering office within N/A days that together call for quantities exceeding the limitation in subparagraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within N/A days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(The above Clause/Provision has been modified.)
52.216-22 INDEFINITE QUANTITY (OCT 1995)
(IAW FAR 16.506(e))
(d) Contractor shall not be required to make any deliveries under this contract after .
252.216-7006 ORDERING (MAY 2011)
(IAW DFARS 216.506(a))
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from .
(Applicable to solicitations and contracts when a definite-quantity contract, a requirements contract, or an indefinite-quantity contract is contemplated)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(IAW FAR 17.208(g))
(a) The Government may extend the term of this contract by written notice to the Contractor within after first 60 Month Basic Period ; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 180 days before the contract expires.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 10 years .
(Applicable when the inclusion of an option is appropriate and it is necessary to include any or all of the following: 1. A requirement that the Government must give the contractor a preliminary written notice of its intent to extend the contract; 2.
A statement that an extension of the contract includes an extension of the option; 3. A specified limitation on the total duration of the contract.)
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS
CONCERNS (DEVIATION 2019-O0003) (DEC 2018)
(IAW Deviation 2019-O0003)
52.219-7 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (JUN 2003)
(IAW FAR 19.508(d))
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2018)
(IAW FAR 19.708(a)) (Applicable when exceeding the simplified acquisition threshold, except for personal service contracts or when performance is entirely outside of the United States and its outlying areas)
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2018-O0018)
(AUG 2018)
(IAW DARS TRCKING # 2018-O0018)
(Applicable over $700,000)
52.219-13 NOTICE OF SET-ASIDE OF ORDERS (NOV 2011)
(IAW 19.508(f))
52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)
(IAW FAR 19.508(e), FAR 19.811-3(e))
52.219-16 LIQUIDATED DAMAGES--SUBCONTRACTING PLAN (JAN 1999)
(IAW FAR 19.708(b)(2)) (Applicable when FAR 52.219-9, Small Business Subcontracting Plan, or its Alternate I or Alternate II applies. IAW DFARS 219.708(b)(2), does not apply to DoD in contracts with contractors that have comprehensive subcontracting plans approved under the test program described in DFARS 219.702)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)
(IAW FAR 19.309(c))
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it [ ] is, [ ] is not a small business concern under NAICS Code _____________ assigned to contract number ______________________________.
[Contractor to sign and date and insert authorized signer's name and title].
(Applicable in solicitations and contracts exceeding the micro-purchase threshold when the contract will be performed in the United States or its outlying areas)
252.219-7003 SMALL BUSINESS SUBCONTRACTING PLAN (DoD CONTRACTS)--BASIC
(DEVIATION 2018-O0007) (DEC 2017)
(IAW DARS Tracking # 2018-O0007)
This clause supplements the Federal Acquisition Regulation 52.219-9, Small Business Subcontracting Plan, clause of this contract.
(a) Definitions. “Summary Subcontract Report (SSR) Coordinator,” as used in this clause, means the individual who is registered in the Electronic Subcontracting Reporting System (eSRS) at the Department of Defense (9700) and is responsible for acknowledging receipt or rejecting SSRs in eSRS for the Department of Defense.
(b) Subcontracts awarded to workshops approved by the Committee for Purchase from People Who are Blind or Severely Disabled (41 U.S.C. 8502-8504), may be counted toward the Contractor’s small business subcontracting goal.
(c) A mentor firm, under the Pilot Mentor-Protege Program established under section 831 of Public Law 101-510, as amended, may count toward its small disadvantaged business goal, subcontracts awarded to—
(1) Protege firms which are qualified organizations employing the severely disabled; and
(2) Former protege firms that meet the criteria in section 831(g)(4) of Public Law 101-510.
(d) The master plan is approved by the Contractor's cognizant contract administration activity.
(e) In those subcontracting plans which specifically identify small businesses, the Contractor shall notify the Administrative Contracting Officer of any substitutions of firms that are not small business firms, for the small business firms specifically identified in the subcontracting plan. Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractor-specified formats shall be acceptable.
(f) (1) For DoD, the Contractor shall submit reports in eSRS as follows:
(i) The Individual Subcontract Report (ISR) shall be submitted to the contracting officer at the procuring contracting office, even when contract administration has been delegated to the Defense Contract Management Agency.
(ii) Submit the consolidated SSR for an individual subcontracting plan by selecting “Department of Defense (DoD)(9700) from the top of the second dropdown menu in the Government agency in Block 7 (“Agency to which the report is being submitted”). The contractor shall not select anything lower.
(2) For DoD, the authority to acknowledge receipt or reject reports in eSRS is as follows:
(i) The authority to acknowledge receipt or reject the ISR resides with the contracting officer who receives it, as described in paragraph (f)(1)(i) of this clause.
(ii) The authority to acknowledge receipt of or reject SSRs resides with the SSR Coordinator.
252.219-7004 SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (APR 2018)
(IAW DFARS 219.708(b)(1)(B)) (Applicable when the contract includes a Comprehensive Subcontracting Plan)
52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES (JAN 2018)
(IAW FAR 22.1505(b)) (Applicable for supplies that exceed the micro-purchase threshold)
52.222-20 CONTRACTS FOR MATERIALS, ARTICLES, AND EQUIPMENT EXCEEDING $15,000
(MAY 2014)
(IAW FAR 22.610)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
(IAW FAR 22.810(a)(1)) (Applicable when exceeding $10,000, except those exempted by FAR 22.807 (b) which includes those for work to be performed outside the U.S. by employees who were not recruited within the U.S.)
52.222-26 EQUAL OPPORTUNITY (SEP 2016)
(IAW FAR 22.810(e))
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
(IAW FAR 22.1310(a)(1), DFARS 222.1310(a)(1)) (Applicable when the expected value is $150,000 or more except when work is performed outside the United States by employees recruited outside the United States or the Director, Office of Federal Contract Compliance Programs, has waived, in accordance with 22.1305(b), all of the terms of the clause)
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
(IAW FAR 22.1408(a)) (Applicable over $15,000 except when performance of work and recruitment of workers will occur outside the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island, or the agency head has waived, in accordance with 22.1403(a) or 22.1403(b) all the terms of the clause)
52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)
(IAW FAR 22.1310(b)) (Applicable when the expected value is $150,000 or more and workers were recruited within the United States)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR
RELATIONS ACT (DEC 2010)
(IAW FAR 22.1605)
(Applicable to all solicitations and contracts except under the simplified acquisition threshold, for work performed exclusively outside the U.S., or covered in their entirety by an exemption granted by the Secretary)
52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019)
(IAW FAR 22.1705(a)(1))
252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS
(DEC 2010)
(IAW DFARS 222.7405)
(Applicable to contracts in excess of $1 million utilizing funds appropriated by the FY10 or subsequent DoD appropriations acts, except in contracts for the acquisition of commercial items and commercially available off-the-shelf items)
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
(IAW FAR 23.505)
(Applicable when the simplified acquisition threshold is exceeded except if performance is entirely outside the U.S. and its outlying areas)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING (AUG 2011)
(IAW FAR 23.1105)
252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM (JUN 2013)
(IAW DFARS 223.7306, DFARS 212.301(f)(xxi)) (Applicable to solicitations and contracts for supplies, maintenance and repair services, or construction)
52.224-3 PRIVACY TRAINING (JAN 2017)
(IAW FAR 24.302(a)) (Applicable to all solicitations and contracts where contractor employees will have access to a system of records or personally identifiable information)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
(IAW FAR 25.1103(a)) (Applicable to supplies or services involving the furnishing of supplies unless an exception applies)
252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM--BASIC (DEC 2017)
(IAW DFARS 225.1101(2)(i) and (2)(ii)) (Applicable except when an exception to the Buy American statute or Balance of Payments Program is known to apply, or if using the clause at 252.225-7021, Trade Agreements; or 252.225-7036, Buy American —Free Trade Agreements—Balance of Payments Program)
252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS (DEC 2017)
(IAW DFARS 225.1101(3))
(Applicable if one of the following clauses are included: DFARS 252.225-7001, 252.225-7021 or 252.225-7036)
252.225-7004 REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND
CANADA -- SUBMISSION AFTER AWARD (OCT 2015)
(IAW DFARS 225.7204(b))
(Applicable to solicitations and contracts for performance outside the United States and Canada over $13.5 million)
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (DEC 2017)
(IAW DFARS 225.7002-3(a)) (Applicable when exceeding the simplified acquisition threshold for food; clothing; tents, tarpaulins or covers; cotton and other natural fiber products; woven silk or woven silk blends; spun silk yarn for cartridge cloth; synthetic fabric, coated synthetic fabric; canvas products; wool; or any item of individual equipment (FSC 8465) manufactured from or containing such fibers, yarns, fabrics, or materials; to waste and byproducts of cotton or wool used in the production of propellants and explosives)
252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)
(IAW DFARS 225.7901-4)
252.225-7978 RESTRICTION ON ACQUISITION OF CERTAIN MAGNETS AND TUNGSTEN
(DEVIATION 2019-O0006) (JAN 2019)
(IAW Deviation 2019-O0006)
Unless acquiring items outside the United States for use outside the United States or a nonavailability determination has been made in accordance with 225.7018, use the following clause in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that exceed the simplified acquisition threshold.
252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS
(APR 2019)
(IAW DFARS 226.104)
(Applicable to supplies or services exceeding $500,000)
52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)
(IAW FAR 27.201-2(a)(1)) (Applicable except when both complete performance and delivery are outside the United States)
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (DEC 2007)
(IAW FAR 27.201-2(b))
(Applicable when the simplified acquisition threshold is exceeded except when both complete performance and delivery are outside the United States unless supplies are ultimately to be shipped into one of those areas)
52.227-14 RIGHTS IN DATA--GENERAL (MAY 2014)
(IAW FAR 27.409(b)(1))
52.227-16 ADDITIONAL DATA REQUIREMENTS (JUN 1987)
(IAW FAR 27.409(d))
52.227-21 TECHNICAL DATA DECLARATION, REVISION, AND WITHHOLDING OF
PAYMENT--MAJOR SYSTEMS (MAY 2014)
(IAW FAR 27.409(j))
252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (FEB 2014)
(IAW DFARS 227.7102-4(b), DFARS 227.7103-6(a))
(e) (3) The Contractor asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data should be restricted—
Technical Data to be Furnished With Restrictions*
Basis for Assertion**
Asserted Rights Category***
Name of person Asserting Restrictions****
(LIST) (LIST) (LIST) (LIST)
*If the assertion is applicable to items, components, or processes developed at private expense, identify both the data and each such item, component, or process.
**Generally, the development of an item, component, or process at private expense, either exclusively or partially, is the only basis for asserting restrictions on the Government's rights to use, release, or disclose technical data pertaining to such items, components, or processes. Indicate whether development was exclusively or partially at private expense. If development was not at private expense, enter the specific reason for asserting that the Government's rights should be restricted.
***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR data generated under another contract, limited or government purpose rights under this or a prior contract, or specifically negotiated licenses).
****Corporation, individual, or other person, as appropriate.
Date ___________________________________ Printed Name ___________________________________ and Title ___________________________________ Signature ___________________________________
(End of identification and assertion)
(f) (2) Government purpose rights markings.
Data delivered or otherwise furnished to the Government purpose rights shall be marked as follows:
GOVERNMENT PURPOSE RIGHTS
Contract No __________________________________ Contractor Name __________________________________ Contractor Address __________________________________
Expiration Date __________________________________
The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (b)(2) of the Rights in Technical Data--Noncommercial Items clause contained in the above identified contract. No restrictions apply after the expiration date shown above. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings.
(End of Legend)
(3) Limited rights markings.
Data delivered or otherwise furnished to the Government with limited rights shall be marked with the following legend:
LIMITED RIGHTS
Contract No __________________________________ Contractor Name __________________________________ Contractor Address __________________________________
The Government's rights to use, modify, reproduce, release, perform, display, or disclose these technical data are restricted by paragraph (b)(3) of the Rights in Technical Data--Noncommercial Items clause contained in the above identified contract. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings. Any person, other than the Government, who has been provided access to such data must promptly notify the above name Contractor.
(End of legend)
(4) Special license rights markings.
(i) Data in which the Government's rights stem from a specifically negotiated license shall be marked with the following legend:
SPECIAL LICENSE RIGHTS
The Government's rights to use, modify, reproduce, release, perform, display, or disclose these data are restricted by Contract No. __________ (Insert contract number)_______, License No. __________ (Insert license identifier)______. Any reproduction of technical data or portions thereof marked with this legend must also reproduce the markings.
(End of legend)
(Applicable when noncommercial items are specified and the successful offeror(s) will be required to deliver technical data to the Government)
252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS (FEB 2014)
(IAW DFARS 227.7102-4(a)(1))
252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011)
(IAW DFARS 227.7103-6(e)(1), DFARS 227.7104(e)(1), DFARS 227.7203-6(b)) (Applicable to orders that include the clause at 252.227-7013, 252.227-7018, or 252.227-7014)
252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE (SEP 2016)
(IAW DFARS 227.7104(e)(3), DFARS 227.7203-6(c))
252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT (MAR 2000)
(IAW DFARS 227.7103-6(e)(2), DFARS 227.7104(e)(4))
(a) the Contracting Officer may until such data is accepted by the Government, withhold payment to the Contractor of ten percent (10%) of the total contract price or amount
(Applicable when order specifies technical data to be delivered)
252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (SEP 2016)
(IAW DFARS 227.7102-4(c), DFARS 227.7103-6(e)(3), DFARS 227.7104(e)(5), DFARS 227.7203-6(f))
(Applicable to commercial items that include the clause at 252.227-7015 or the clause at 252.227-7013; also when clause 252.227-7013 is included or SBIR, include paragraph (e) of the clause - contains information that must be included in a challenge; and when order includes the clause 252.227-7014 when the contractor will be required to deliver noncommercial computer software documentation (technical data))
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
(IAW FAR 29.401-3(a))
(Applicable to fixed-price competitive contracts exceeding the simplified acquisition threshold, and performed wholly or partly in the United States or its outlying areas, unless the clause at 52.229-4, Federal, State, and Local Taxes (State and Local Adjustments), is included)
52.232-1 PAYMENTS (APR 1984)
(IAW FAR 32.111(a)(1)) (Applicable to fixed-price supply or services and non-regulated communication services).
52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
(IAW FAR 32.111(b)(1)) (Applicable to fixed-price supply or fixed-price service)
52.232-11 EXTRAS (APR 1984)
(IAW FAR 32.111(c)(2)) (Applicable to fixed-price supply, fixed-price service, or transportation)
52.232-16 PROGRESS PAYMENTS -- ALTERNATE I (MAR 2000)
(IAW FAR 32.502-4(b), DFARS 232.502-4-70)
52.232-17 INTEREST (MAY 2014)
(IAW FAR 32.611(a), FAR 32.611(b)) (Applicable when exceeding the simplified acquisition threshold)
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
(IAW FAR 32.806(a)(1)) (Applicable when the micro-purchase threshold is exceeded, unless the contract will prohibit the assignment of claims (see 32.803(b))
52.232-25 PROMPT PAYMENT (JAN 2017)
(IAW FAR 32.908(c))
(a) Invoice payments—
(5) Computing penalty amount. The Government will compute the interest penalty in accordance with the Office of Management and Budget prompt payment regulations at 5 CFR part 1315.
(i) For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.
(Applicable except when the clause at 52.212-4, Contract Terms and Conditions--Commercial Items is included)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--SYSTEM FOR AWARD
MANAGEMENT (OCT 2018)
(IAW FAR 32.1110(a)(1))
(Applicable for solicitations and contracts that include the provision at 52.204-7 or an agency clause that requires a contractor to be registered in the SAM database and maintain registration until final payment, unless (i) Payment will be made through a third party arrangement; or (ii) An exception listed in 32.1103(a) through (i) applies.)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
(IAW FAR 32.706-3)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
(IAW FAR 32.009-2)
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(DEC 2018)
(IAW DFARS 232.7004(a))
(a) Definitions. As used in this clause—
(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.
(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.
(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .
(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—
(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;
(2) DoD is unable to receive a payment request or provide acceptance in electronic form;
(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment; or
(4) DoD makes a payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.
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