SOLICITATION.docx

W25G1V-16-R-0022

Section A - Solicitation/Contract Form

ADDENDUM

ADDENDUM TO STANDARD FORM SF 33, SECTIONS A THROUGH M

1. This Request for Proposal W25G1V-16-R-0022, is for the manufacture of one type Circuit Card Assembly (CCA) in accordance with (IAW) Government drawings and electronic files.

2. This acquisition for one Firm Fixed Price Contract will be conducted on a competitive basis as a 100% Small Business Set-Aside and pursued in accordance with Federal Acquisition Regulation (FAR) Part 15 Contracting by Negotiation and 19 Small Business Programs as applicable. NAICS code is 334418, size standard of 750 employees.

3. Drawings at Attachment I will be furnished upon request. Offerors are instructed to request the drawings from the contract specialist, john.e.thomas.civ@mail.mil. The drawings will be released only to sources that provide proof of having a current and valid ITAR/ETAR registration on the Joint Certification Program.

3. Parties interested in responding to this RFP shall complete a standard form (SF) 1449 http://www.forms.gov, blocks 5, 12, 17a, 17b, 19 thru 24, 30a, and 30b; and 30c. The offer must be signed by a company official authorized to contractually bind the company.

4. To receive an award, the company must have an active registration in the System for Award Management (SAM) https://www.sam.gov. Prospective offerors must be found to be responsible in accordance with FAR 9.1 and have no delinquent federal debt.

5. The minimum acceptance period for offer is sixty (60) days from the date specified in (Offer due date) on page 1 of the SF 1449, including any extensions of the offer due date by solicitation amendment.

6. Delivery terms/information shall be found in the Performance Work Statement included within this solicitation.

7. BASIS OF AWARD

Basis of award will be made IAW Section M of this solicitation. Award evaluation and basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors and will based on the Lowest Price Technically Acceptable (LPTA) offer with Acceptable Past Performance.

8. One award for all equipment will be made from this RFP. Offerors must provide a proposal for all required equipment to be considered. Any resultant award will be firm fixed-price.

9. PROPOSAL SUBMISSION

In accordance with Section L, Submission Instructions and Evaluation Factors, the offeror’s proposal must be submitted through the FBO.gov Electronic Response, Document Upload feature. Instructions on this feature can be found in the Vendor User Guide (paragraph 4.3) under the Getting Started tab on the FBO.gov website. Email, faxes and hard copy proposals WILL NOT BE ACCEPTED.

10. AMENDMENTS

Any amendments issued to this solicitation will be synopsized in the same manner as this solicitation. All Offerors are advised to acknowledge all amendments issued to the solicitation with their proposal by signing and including one copy of the amendment with their proposal.

11. CONTRACTOR SUBMITTED QUESTIONS

Offerors are advised to submit any questions regarding this solicitation in writing no later than (6 days prior to closing), to the contract specialist via email; John.E.Thomas.civ@mail.mil . Answers to questions will be posted in the same manner in which the solicitation is posted and be incorporated into the resultant award.

13. DISCUSSIONS

The Government intends to award a delivery order without discussions. Offerors should provide their best, complete proposal upon initial submission. The Government reserves the right to hold discussions if deemed necessary by the Contracting Officer.

If the Contracting Officer determines that the number of proposals that would otherwise be in the competitive range exceeds the number at which an efficient competition can be conducted, the Contracting Officer may limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.

Section B - Supplies or Services and Prices

CCA, POWER INTERFACE PN: 213809

FFP

CCA, POWER INTERFACE PN:213809

FOB: Destination

NSN: 213809:57039

MILSTRIP: W25G1V6063018Y

PURCHASE REQUEST NUMBER: W25G1V6063018Y

NET AMT

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

Performance Work Statement For The Fabrication Of The Power Interface Circuit Card Assembly W25G1V-16-R-0022 Scope This Performance Work Statement (PWS) defines the efforts required for Fabrication, Assembly and Testing of the Power Interface Circuit Card Assembly (CCA) that is used in the Data Communications Interface (DCI) in support of the U.S. Army Program Executive Office for Simulation, Training and Instrumentation (PEO STRI) Program at TYAD. The DCI is a device that links (interfaces) the fielded Precision Real-Time Location System (PRTLS) radio, i.e., a Terrestrial Trunked Radio (TETRA)-based, Sepura Model 8000 radio with tailored firmware specific for JMRC use, with Multiple Integrated Laser Engagement System (MILES) Tactical Engagement Simulation System (TESS) devices. The DCI serves as an integral part of the Player Unit (PU) that transmits location data to the Joint Multinational Readiness Center – Instrumentation Systems (JMRC-IS).

1. Requirements

The contractor shall provide all personnel, equipment, facilities, transportation, tools, materials, labor, engineering, and supervision to fabricate, assemble, and test the Power Interface CCA in accordance with the criteria defined in this PWS and by the specifications referenced within the Technical Documents Package (TDP). The TDP lists the parts, Gerber files, and schematics required for fabrication and assembly as referenced in drawings 213810, 213811, 213809, and PL213809.

2. Pricing

Price shall include all materials, labor, packaging, and transportation costs as stated in terms of each unit price, to include any warranty pricing required to facilitate replacement.

3. Delivery Schedule/Shipping Address

a. The contractor shall fabricate, assemble, test, and deliver 10 each CCA’s within twenty (20) calendar days from the date of contract award. The remaining 2,954 CCA’s shall be delivered within ninety (90) days of contract award for a total of 2,964 Power Interface CCA’s. Shipping documentation for each delivery shall contain the Contract number, Lot/Item identification, and a certificate of conformance for each CCA shipment. The factory acceptance test report must include a certificate of conformance asserting that all CCA’s meet the testing requirements as outlined in drawing 213809 (reference Overo Version Test Procedures). All Items shall be packed in standard Electrostatic Discharge (ESD safe) commercial packaging.

b. The contractor shall be responsible for all shipping, handling, and transportation of the CCA’s. All CCA’s shall be delivered FOB Destination to the following address:

ATTN: To be established upon award Tobyhanna Army Depot

Tobyhanna, PA 18466-5091

The contractor shall provide a tracking number to the above referenced POC upon shipment.

4. Workmanship

The workmanship exercised while fabricating the circuit cards shall produce a serviceable product acceptable under the requirements specified on drawing 213809 and meeting the factory testing requirements, to include Overo Version Test Procedures. All referenced dimensions shall be within specified tolerances and all relevant specifications shall be met IAW the TDP. Contractor (KTR) shall propose and provide new and unused items only In Accordance With (IAW) Federal Acquisition Regulation (FAR) 52.211-5. Used and refurbished items will not be considered.

5. Warranty

All Power CCA’s shall be free of material or workmanship defects upon acceptance. The contractor shall provide a manufacturer’s warranty for a period of one year from the date of final acceptance. The Government may obtain an equitable adjustment of the contract or direct the contractor to repair/replace the defective item at the contractor’s expense, to include repair/replacement, re-inspection, testing, packaging, and shipping.

6. Acceptance

Final Acceptance will be determined by Government Point of Contact (POC) and will be completed in WAWF IAW DFARS 252.232-7006, upon verification that the shipping documentation is correct, packaging is intact and undamaged and that the correct amount has been received. Any defective CCA’s must be replaced within 30 days of notification. In the event that the CCA’s do not meet the satisfactory approval of the acceptor, TYAD will notify the contractor within five (5) working days in order to obtain a replacement(s). Return shipping of defective CCA’s will be at the expense of the contractor. The POC for inspection and acceptance is as follows:

Government Point of Contact -To be established at time of award.

7. Performance Standards

PERFORMANCE REQUIREMENTS SUMMARY/QUALITY ASSURANCE SURVEILLANCE PLAN

Acceptable Performance Level (APL)

Disincentive

The KTR shall deliver units IAW PWS PARA 3.

100% compliance

Government Technical POC Review

Positive performance evaluation.

Negative performance evaluation.

Required re-performance. Delay in Government acceptance and payment. Application of liquidated damages IAW FAR 52.211-11 calculated using the standard I=PRT formula in which I=Interest, P=the CLIN price of delinquent items, R=the current Federal Interest Rate, T= days late.

Section D - Packaging and Marking

PACKAGING

All packaging and marking shall be in accordance with Attachment I – Performance Work Statement (PWS).

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

ASARS RECEIVING

BUILDING 1 C 6

INSERT PO NUMBER

11 HAP ARNOLD BLVD

TOBYHANNA PA 18466-5091

FOB: Destination W25G1V

FOB: Destination W25G1V

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

NOTE TO THE PAYING OFFICE (JAN 2012) ACC-APG TYD 5152.232-4000

To properly match disbursements with their corresponding receiving/acceptance document, the paying office shall ensure that the invoice/voucher is distributed from only those accounting classification reference numbers (ACRNs) and their corresponding contract line item numbers (CLINs) or subline item numbers (SLINs) indicated on the invoice/voucher, acceptance statement or receiving report.

(End of Note)

Section H - Special Contract Requirements

SECURITY INSPECTION CONTRACTING OFFICER'S NOTICE (JAN 2012) ACC-APG TYD 5152.204-4003

By submission of a bid/offer under this solicitation, the Contractor acknowledges and agrees that all vehicles operated by contractors and commercial vendors will be inspected by Depot Security personnel prior to entering or departing the controlled area of Tobyhanna Army Depot.

(End of provision)

DEPOT REGULATIONS CONTRACTING OFFICER'S NOTICE (JAN 2012) ACC-APG TYD 5152.204-4005

While within the confines of Tobyhanna Army Depot, Contractor employees will adhere to and be governed by all rules, regulations, policies, procedures and directives issued by the Commanding Officer, Tobyhanna Army Depot, and said employees will be required to conduct themselves in the same manner required of Government employees.

(End of Provision)

SAFETY REGULATIONS (JAN 2012) ACC-APG TYD 5152.236-4005

Contractors shall comply with all Department of Labor and OSHA Rules and Regulations, 29CFR1910 (General Industries) or 1926 (Construction), whichever is applicable. Contractors shall also comply with Tobyhanna Army Depot (TYAD) Safety Regulation 3851. A copy of TYAD regulation 3851 may be accessed at:

http://www.tobyhanna.army.mil/about/certifications/vpp.html Additionally, all contractor and subcontractor employees on site at Tobyhanna Army Depot shall be required to view a brief, approximately 15 minute, Safety film upon Depot entry and prior to performance of any on-site work. Contractors shall also comply with any and all Safety requirements as stated in the specific statement of work or technical specifications applicable to the contract/order.

Tobyhanna Army Depot is an OSHA Voluntary Protection Program (VPP) site.

(End of Provision)

TOBYHANNA ARMY DEPOT ON-SITE CONTRACTOR WORKFORCE AND VISITOR RESTRICTIONS (JAN 2012) ACC-APG TYD 5152.237-4008

TOBYHANNA ARMY DEPOT ON-SITE CONTRACTOR WORKFORCE AND VISITOR RESTRICTIONS

1. NON-RESIDENT/NON-IMMIGRANT ALIENS

a. All non-resident/non-immigrant aliens must have approval prior to being permitted access to Tobyhanna Army Depot (TYAD). Such approval must be obtained by requesting access through the following: apply at the alien-resident’s embassy; proceed to the U.S. Embassy; proceed to the Department of the Army; proceed to Army Materiel Command; proceed to U.S. Communications-Electronics Command; proceed to TYAD.

b. All non-resident/non-immigrant aliens granted access to TYAD are required to be escorted by Government personnel. One Government escort can accommodate a maximum of two non-resident/non-immigrant aliens.

c. Due to limited availability of Government personnel, contractors shall not be permitted to employ non-resident/non-immigrant aliens as part of the contractor’s on-site workforce. Limited exceptions to this restriction may be considered on a case-by-case basis. Such exceptions shall only be considered where a specialized skill or trade is not otherwise available, and even under such circumstances would only be considered for very limited duration, e.g., a few hours/days. However, even if limited exception is considered, access may still be denied. Contractors whose personnel are either denied entry to TYAD or permitted limited entry to TYAD due to the security requirements pertaining to non-resident aliens/non-immigrants are not relieved of their obligation to provide the required contract performance and must do so at no additional cost to the Government. Any contractor failing to perform or that fails to perform in a timely manner under such circumstances may be terminated for default or other contractual remedies as appropriate.

d. Due to limited availability of Government personnel, visitors requiring escort may not be permitted access, or access may be limited to a certain time and duration.

2. FOR THE PURPOSE OF FORMAL ESCORTED SITE VISITS

Resident aliens (immigrants) in possession of a valid Form I-551, Alien Registration Receipt Card (“Green Card”), are not required to obtain approval as set forth in paragraph 1.a. above (but see paragraph 5, below). Such individuals must have proper identification in addition to a valid form I-551 in their physical possession at all times while at TYAD. Individuals lacking proper identification and valid form I-555 will be denied access to TYAD.

3. SECURITY SEARCHES, IN-PROCESSING, AND SECURITY SCREENING

All persons seeking entrance to TYAD must submit to and comply with all security standards and requirements in force at the time such persons are seeking entry. All visitors and contractors, regardless of resident status or citizenship, will be subject to vehicle search and intense in-processing by TYAD Security personnel prior to being granted access to TYAD. This security screening process may be time consuming and access may be delayed or denied.

Any Contractors who will be working on site, company representatives who will be visiting periodically, and any companies or contractors requesting or requiring TYAD badges for other business reasons must submit a completed TYAD form 648-C to their contract or depot point of contact. The completed form must be submitted at least five (5) workdays in advance of on-site performance for each employee intended for onsite performance or five (5) workdays in advance of visits or other business at the depot. Any contractor employee (s) already on site who have not been screened, will be subject to security screening. This requirement is inclusive of on-site supervisory or managerial personnel and sub-contractor personnel that the Contractor anticipates will be performing work or visiting on-site. This security screening does not relieve the contractor of any responsibilities to conduct thorough pre-employment background checks and drug screening. Contractor workers will not be granted access to the work site until security screening is completed and access is approved. Any contractor personnel on site who fail screening will not be permitted further access to TYAD.

4. SUBMISSION OF BIDS OR PROPOSALS

Bidders/offerors who hand carry bids or quotes do so at their own risk. Bidders/offerors are solely responsible for the timely submission of bids /proposals/quotations, any delays security measures notwithstanding.

5. CONTRACTOR ON-SITE WORKFORCE – ADDITIONAL SECURITY REQUIREMENTS

A. This section is in addition to the requirements above regarding non-resident aliens (non-immigrants) for on-site performance. Prior to the commencement of performance under the contract and within seven (7) workdays of contract award, the Contractor shall submit to the Chief, Security Division, Tobyhanna Army Depot, a roster of all contractor personnel, inclusive of on-site supervisory or managerial personnel and sub-contractor personnel, that the Contractor anticipates will be performing work on-site. The roster shall indicate which individuals are U.S. citizens and which are resident aliens (immigrants). The following documentation shall accompany the roster for each individual named on the roster as a resident alien (immigrant):

a) A copy of a verifiable form of identification, such as a driver’s license or a passport; and

b) A copy of a valid Department of Justice Immigration and Naturalization Service Form I-551, Alien Registration Receipt Card (“Green Card”).

Contractors who fail to identify any and all resident aliens (immigrants) who will be used for on-site performance and who will seek access to Tobyhanna Army Depot as a worker for or through the contractor, inclusive of managerial and subcontractor personnel, may be subject to civil and criminal penalties and sanctions as well as contract remedies

B. Within five (5) workdays of the submission of the roster, documentation, and TYAD form 648-C, the Government will have completed the security check and the Contractor shall be notified whether all listed personnel will be permitted to work on-site. However, actual access to Tobyhanna Army Depot by the roster personnel will remain contingent upon such resident alien (immigrant) individuals presenting two (2) forms of identification as they process into the Depot through the Security building: a valid Form I-551, Alien Registration Receipt Card (“Green Card”) in addition to at least one other verifiable form of identification

C. The roster that the Contractor submits is amendable. However, up to five (5) workdays will be required to perform a security check on any personnel added to the roster. The Contractor is urged to include contingency or “back-up” personnel in the original roster in order to avoid delays due to roster amendment

D. Contractors whose personnel are denied entry to TYAD due to the security requirements are not relieved of their obligation to provide the required contract performance and must do so at no additional cost to the Government. Any contractor failing to perform or that fails to perform in a timely manner under such circumstances may be terminated for default or be subject to other contractual remedies as appropriate.

Section I - Contract Clauses

52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)

(a) Definition.

"Small business concern," as used in this clause, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation.

(b) Applicability. This clause applies only to--

(1) Contracts that have been totally set aside or reserved for small business concerns; and

(2) Orders set aside for small business concerns under multiple-award contracts as described in 8.405-5 and 16.505(b)(2)(i)(F).

(c) General. (1) Offers are solicited only from small business concerns. Offers received from concerns that are not small business concerns shall be considered nonresponsive and will be rejected.

(2) Any award resulting from this solicitation will be made to a small business concern.

(d) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(End of clause)

52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)

(a) Definitions. As used in this clause--

Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.

(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:

(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.

(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.

(3) For long-term contracts--

(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and

(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.

(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.

(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.

(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.

(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.

(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).

52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)

(a) "Hazardous material", as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract).

(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.

Material Identification No.

(If none, insert "None")

(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.

(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No. 313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.

(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.

(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.

(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:

(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to--

(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;

(ii) Obtain medical treatment for those affected by the material; and

(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.

(2) To use, duplicate, and disclose data furnished under this clause, in accordance with subparagraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.

(3) The Government is not precluded from using similar or identical data acquired from other sources.

52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)

(a) Definitions. As used in this clause --

Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.

Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include ``data.''

(b) Contractor's obligations.

(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants the CCA's for one year from the date of acceptance.

(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and

(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.

(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.

(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within five days..

(2) Within a reasonable time after the notice, the Contracting Officer may either--

(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or

(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.

(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of suppliers or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer--

(A) May, for sampling purposes, group any supplies delivered under this contract;

(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;

(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and

(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.

(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:

(A) Require an equitable adjustment in the contract price for any group of supplies.

(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.

(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.

(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement.

(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor--

(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or

(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.

(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

farsite.hill.af.mil/

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ___ ] is not [ ___ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability,

(2) It is [ ___ ] is not [ ___ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

252.225-7000 BUY AMERICAN--BALANCE OF PAYMENTS PROGRAM CERTIFICATE--BASIC (NOV 2014)

(a) Definitions. Commercially available off-the-shelf (COTS) item, component, domestic end product, foreign end product, qualifying country, qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state, South Caucasus/Central and South Asian (SC/CASA) state end product, and United States, as used in this provision, have the meanings given in the Buy American and Balance of Payments Program--Basic clause of this solicitation.

(b) Evaluation. The Government--

(1) Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American and Balance of Payments Program-- Basic clause of this solicitation, the offeror certifies that--

(i) Each end product, except those listed in paragraph (c)(2) or (3) of this provision, is a domestic end product; and

(ii) For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The offeror certifies that the following end products are qualifying country end products:

___ (Line Item Number Country of Origin)

___ (Country of Origin)

(3) The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of ``domestic end product'':

(Line Item Number) ___

(Country of Origin (If known)) ___

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

INVOICE AND RECEIVING REPORT (COMBINATION)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

DESTINATION

(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

(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 email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

· Acceptor – Sherman.d.byrd.civ@mail.mil

· Administered by john.e.thomas.civ@mail.mil

(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.

david.k.kern2.civ@mail.mil-- --570-615-8733

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section J - List of…