W900KK-21-R-0029 DRAFT RFP 4-9-2021.pdf

SOLICITATION, OFFER AND AWARD

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

RATING PAGE OF PAGES

1 68

2. CONTRACT NO. 3. SOLICITATION NO.

W900KK21R0029

4. TYPE OF SOLICITATION

[ ] SEALED BID (IFB)

[ X ] NEGOTIATED (RFP)

5. DATE ISSUED 6. REQUISITION/PURCHASE NO.

7. ISSUED BY CODE W900KK 8. ADDRESS OFFER TO (If other than Item7) CODE

ARMY CONTRACTING COMMAND - ORLANDO

ATTN: BRAVO DIVISION

12211 SCIENCE DRIVE

ORLANDO FL 32826-3224

TEL:

See Item 7

TEL:

FAX: FAX:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in until local time

(Hour) (Date) CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME B. TELEPHONE (Include area code) (NO COLLECT CALLS) C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE PARTII - CONTRACT CLAUSES

X A SOLICITATION/ CONTRACT FORM 1 X I CONTRACT CLAUSES 25 - 45

X B SUPPLIES OR SERVICES AND PRICES/ COSTS 2 - 14 PART III - LISTOF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

X C DESCRIPTION/ SPECS./ WORK STATEMENT 15 X J LIST OF ATTACHMENTS 46

D PACKAGING AND MARKING PARTIV - REPRESENTATIONS AND INSTRUCTIONS

X E INSPECTION AND ACCEPTANCE 16

X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

47 - 49 X F DELIVERIES OR PERFORMANCE 17 - 18

X G CONTRACT ADMINISTRATION DATA 19 - 24 X L INSTRS., CONDS., AND NOTICES TO OFFERORS 50 - 62

H SPECIAL CONTRACT REQUIREMENTS X M EVALUATION FACTORS FOR AWARD 63 - 68

OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

AMENDMENT NO. DATE AMENDMENT NO. DATE

15A. NAME

AND

ADDRESS

OF

OFFEROR

CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO

SIGN OFFER (Type or print)

15B. TELEPHONE NO (Include area code) 15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( )

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

ITEM

24. ADMINISTERED BY (Ifother than Item7) CODE 25. PAYMENT WILL BE MADE BY CODE

26. NAME OF CONTRACTING OFFICER (Type or print)

TEL: EMAIL:

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA FAR (48 CFR) 53.214(c)

W900KK21R0029

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 3 Months Phase In Requirements and Demonstration

FFP

Perform all phase-in, transition and demonstration requirements IAW SOW para

3.3.1 - 3.3.2 FOB: Destination

PSC CD: 1550

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Each MQM-170 Aerial Target Systems and Spares

FFP

Manufacture and deliver MQM-170 Air Vehicles, components, and spares IAW SOW para 3.3.8. See Attachment 4 MQM-170 Pricing Sheet for list of all fixed prices. All FFP orders will be issued IAW B.1 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

FOB: Origin (Shipping Point)

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Each MQM-171 Aerial Target Systems and Spares

FFP

Manufacture and deliver MQM-171 A/B Air Vehicles, components, and spares IAW SOW para 3.3.9. See Attachment 4 MQM-171 Pricing Sheet for list of all fixed prices. Orders will be issued IAW B.1 NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

UNIT UNIT PRICE MAX AMOUNT

0004 UNDEFINED Each MQM-186 Aerial Target Systems

FFP

Manufacture and deliver MQM-186 Air Vehicles, components, and spares IAW SOW para 3.3.10. See Attachment 4 MQM-186 Pricing Sheet. Orders will be issued IAW B.1.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

UNIT UNIT PRICE MAX AMOUNT

0005 UNDEFINED Months Manual Field Services

FFP

Manual Field Service personnel shall be qualified in the operations of the contractor’s equipment in a manual, remotely controlled aerial vehicle mode of operations using a hand held controller and maintaining visual contact with the air vehicle during all phases of operations with the unaided eye and with the use of binoculars during daylight and night operations IAW SOW para 3.3.4.1.1. Manual Field Service Personnel shall also be qualified in assembling and operating manual air vehicles, ground support equipment, and scoring equipment for flight operations. Manual Field Service personnel shall be fully qualified in the maintenance and repair of manual air vehicles and ground support equipment in the field to return damaged or worn equipment to a fully functional condition other than damage that requires the equipment to be returned to the manufacturer’s production facility for major repair. Scoring personnel installing, operating, and maintaining scoring equipment in the field shall also be covered under the Manual Field Service Personnel category. Orders will be issued IAW B.1.

Manual Field Service (FFP)

CY 1 (2022) $

CY 2 (2023) $

CY 3 (2024) $

CY 4 (2025) $

CY 5 (2026) $

UNIT UNIT PRICE MAX AMOUNT

0006 UNDEFINED Hours Advanced Field Services

FFP

Provide Advanced Field Service IAW SOW para 3.3.4.1.2. Personnel shall be qualified in the operations of the contractor’s equipment in the manual mode of operation, the beyond-visual-range mode of operation, and the over-the-horizon beyond-visual-range mode of operations, and the operation of daylight and infrared video imaging equipment during all phases of flight operations during daylight and night operations. Advanced Field Service personnel shall also be qualified in assembling and operating manual air vehicles, beyond-visual-range air vehicles, over-the-horizon beyond-visual-range air vehicles, video equipment, ground support equipment, and scoring equipment for flight operations. Advanced Field Service personnel shall be fully qualified in the maintenance and repair of manual air vehicles, beyond-visual-range air vehicles, over-the-horizon beyond-visual-range air vehicles, video equipment, and ground support equipment in the field to return damaged or worn equipment to a fully functional condition other than damage that requires the equipment to be returned to the manufacturer’s production facility for major repair. Scoring personnel designing and integrating standard scoring hardware into other aerial target systems requiring extensive knowledge of scoring hardware, other aerial target systems, and acoustic and radar scoring methodology may be included in the Advanced Field Service personnel category on an exception basis when approved by the Government.

Orders will be issued IAW B.1.

UNIT UNIT PRICE MAX AMOUNT

0007 UNDEFINED Lot Engineering Services

CPFF

Provide Engineering Support Services IAW SOW para 3.3.26 for the MQM-170, MQM-171, MQM-186 and other similar aerial target systems, including air vehicles, ground support equipment, and system components to improve the capability of the system and to resolve deficiencies identified in the operation and support of the system. Orders will be issued IAW B.2.

Engineering Services (CPFF) Not to exceed rates

CY 1 (2022) $

CY 2 (2023) $

CY 3 (2024) $

CY 4 (2025) $

CY 5 (2026) $

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0008 UNDEFINED Hours MQM-171 Depot Level Overhaul / Maint

FFP

Provide MQM-171A/B UAS-T depot level overhaul and repair services for UAS- T systems, components, and parts to maintain the target fleet IAW SOW 3.3.11.

Orders will be issued IAW B.1.

CY 1 (2022) $

CY 2 (2023) $

CY 3 (2024) $

CY 4 (2020) $

CY 5 (2021) $

UNIT UNIT PRICE MAX AMOUNT

0009 UNDEFINED Lot Other Direct Costs

COST

ODCs shall include: Travel IAW JFTR; Equipment Transportation; Shipping;

reimbursement of contractor for spare, repair parts, fuels, oil, and other ST related incidentals; and ancillary support equipment IAW SOW para 3.3.6.

UNIT UNIT PRICE MAX AMOUNT

0010 UNDEFINED Lot Materials

COST

Materials shall include the appropriate material costs for Engineering Services IAW SOW para 3.3.27.

NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.

UNIT UNIT PRICE MAX AMOUNT

0011 UNDEFINED Lot Training

FFP

Develop and present classroom and hands on instruction training for overall Operation and Maintenance (O&M) IAW SOW para 3.4.1. The contractor shall train Government and other contractor personnel in the operation and operator services of MQM-170, MQM-171 and MQM-186 system and operation and maintenance processes.

The contractor shall provide commercial off the shelf /commercial format manuals and associated supplemental data/technical information published by the manufacturer on the assembly, installation, operation, parts, and maintenance of the MQM-170, MQM-171 and MQM-18 (and variants).

MQM 170C Operations & Maintenance Training

CY 1 (2022) $

CY 2 (2023) $

CY 3 (2024) $

CY 4 (2025) $

CY 5 (2026) $

MQM-171 Operations & Maintenance Training

CY 1 (2022) $

CY 2 (2023) $

CY 3 (2024) $

CY 4 (2025) $

CY 5 (2026) $

MQM-186 Operations & Maintenance Training

CY 1 (2022) $

CY 2 (2023) $

CY 3 (2024) $

CY 4 (2025) $

CY 5 (2026) $

UNIT UNIT PRICE MAX AMOUNT

0012 UNDEFINED Lot Manuals (Operation and Maintenance)

FFP

Provide commercial off the shelf /commercial format manuals and associated supplemental data/technical information published by the manufacturer on the assembly, installation, operation, parts, and maintenance of the MQM-170, MQM-171, and MQM-186 system IAW SOW para 3.4.2. The contractor shall provide commercial off the shelf / commercial format training materials and supplemental data IAW SOW para 3.4.2.

MQM-170C System O&M Manual

CY 1 (2022) $

CY 2 (2023) $

CY 3 (2024) $

CY 4 (2025) $

CY 5 (2026) $

MQM-171 System O&M Manual

CY 1 (2022) $

CY 2 (2023) $

CY 3 (2024) $

CY 4 (2025) $

CY 5 (2026) $

MQM-186 System O&M Manual

CY 1 (2022) $

CY 2 (2023) $

CY 3 (2024) $

CY 4 (2025) $

CY 5 (2026) $

UNIT UNIT PRICE MAX AMOUNT

0013 UNDEFINED Lot Contract Data Requirement List

FFP

Deliver technical reports and publications IAW SOW para 3. This CLIN may be proposed on a not separately priced basis.

UNIT UNIT PRICE MAX AMOUNT

0014 UNDEFINED Lot Contractor Acquired Property

FFP

Deliver all Contractor Acquired Property (CAP) for use in the execution and management of the delivery order at the completion of the delivery order. This CLIN may be proposed on a not separately priced basis.

UNIT UNIT PRICE MAX AMOUNT

0015 UNDEFINED Lot Service Contract Reporting (SCR)

FFP

Perform Service Contract Reporting as required. The contractor is required to completely fill in all the information in the format using the following web address: System for Award Management (SAM) http://SAM.gov This CLIN may be proposed on a not separately priced basis.

UNIT UNIT PRICE MAX AMOUNT

0016 6 Months Phase-out

FFP

Perform all phase-out responsibilities IAW SOW para 3.5.1 http://sam.gov/

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE

9999 1 Lot

ADA-T Total Ceiling

FFP

This Statement of Work (SOW) describes requirements for the manufacturing of MQM-170 Aircraft Target System, the MQM-171, Aircraft Target System, and the MQM- 186, Group II aerial target system also referred to as targets or aerial targets in accordance with assigned part numbers for the MQM-170, MQM-171, and MQM-186 aerial target systems. Requirements includes support services, related support equipment, mission payload system devices and training to be provided by the contractor in support of demonstrations, simulation and live fire training and testing at designated locations, installations, and ranges worldwide. In addition to manufacturing, flight operations and maintenance services, the contract includes requirements to provide system in-storage maintenance, equipment security, environmental protection, quality assurance, logistics services, automated systems management and data reporting, aerial scoring services and hardware for MQM- 170, MQM-171, MQM-186, and Aerial Target Flight Services (ATFS) requirements administered under a separate project managed by the Threat Systems Management Office (TSMO).

FOB: Destination

AMOUNT

NET AMT NTE $401,798,544.63

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

1.00 $1,000.00 $401,798,544.63

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

0001 $ $

0002 $ $

0003 $ $

0004 $ $

0005 $ $

0006 $ $

0007 $ $

0008 $ $

0009 $ $

0010 $ $

0011 $ $

0012 $ $

0013 $ $

0014 $ $

0015 $ $

0016 $ $

9999 $ $

ORDERING

B.1 This Single Source Indefinite Delivery/Indefinite Quantity contract will have a total ordering period of 5 years with no optional ordering periods. An order cannot exceed 60 months. Parts may have long lead times and deliveries crossing fiscal year is anticipated.

B.2 Firm Fixed Price Line Items

The contractor shall furnish all necessary personnel, facilities, equipment, materials, supplies, and management required to provide base contract CLINs 0001, 0002, 0003, 0004, 0005, 0006, 0008, 0011, and 0012 on a FFP per unit basis.

The Government may place unilateral delivery orders at the stated FFP identified on Attachment 04 Pricing List during the ordering period stated in Section F although performance may extend beyond the contract ordering period. The Contractor is required to review the delivery schedule prior to the Government issuing a unilateral order to ensure the delivery schedule allows for adequate lead time and utilizes the correct year fixed priced.

B.3 Cost reimbursable Line Items

The contractor shall furnish all necessary personnel, facilities, equipment, materials, supplies and management, required to provide base contract CLINs 0007, 0009 and 0010 on a negotiated CPFF or Cost basis. When items are required, the Government will request a cost proposal for each delivery/task order for these products or services requested with its associated statement of work. Each delivery/task order may be designated term form or completion form IAW FAR 16.306(d).

The contractor shall submit a cost proposal utilizing Ceiling Labor Rates for CPFF Orders identified on Attachment 04 Pricing List and submit cost data to substantiate and determine reasonable for all other cost elements. A certificate of cost or pricing data for cost data beyond the labor cost will be required for the proposed cost on each delivery/task order that exceed the Truth in Negotiations Act threshold. The Government will evaluate the contractor’s proposal for consistency of the proposed fully burden labor rates to the Contract Labor Rates for CPFF orders and for reasonableness of the proposed skill mix, number of labor hours, direct labor rates and for all other direct, indirect cost elements and fee to negotiate a CPFF delivery/task order. Reimbursement terms of all CPFF orders shall be in accordance with FAR 52.216-7 Allowable Cost and G1 Payment Terms for CPFF Orders.

B.4 Contract Labor Rates

Attachment 04 Pricing List include the listing of labor categories and rates necessary to support the base contract FFP and CPFF CLINs. These labor categories and rates are to be utilized in negotiations of orders for the base contract requirements. Negotiation for a new labor category with a new rates can only be initiated by the Contracting Officer.

Section C - Descriptions and Specifications

STATEMENT OF WORK

C.1 Order of Precedence: The SOW, under Attachment 1, is incorporated into Section C1 for purposes of FAR Clause 52.215-8, “Order of Precedence”.

C2 AUTHORIZED CHANGES

AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER

(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” Clause of this contract.

(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.

(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is:

Jason Jerome 12211 Science Drive Orlando, FL 32826 jason.jerome3.civ@mail.mil 407-208-5868 mailto:jason.jerome3.civ@mail.mil

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Origin Government Origin Government 0003 Origin Government Origin Government 0004 Origin Government Origin Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Origin Government Origin Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 0015 Destination Government Destination Government 0016 Destination Government Destination Government 9999 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984 52.246-7 Inspection Of Research And Development Fixed Price AUG 1996 52.246-8 Inspection Of Research And Development Cost MAY 2001

Reimbursement 52.246-15 Certificate of Conformance APR 1984

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 26-MAY-2022 3 TARGETS MANAGEMENT OFFICE

STEVE MOORE

3211 HERCULES RD

REDSTONE ARSENAL AL 35898

256-842-6461 FOB: Destination

W8009B

0002 POP 24-FEB-2022 TO

23-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Origin (Shipping Point)

W8009B

0003 POP 24-FEB-2022 TO

23-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Origin (Shipping Point)

W8009B

0004 POP 24-FEB-2022 TO

23-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Origin (Shipping Point)

W8009B

0005 POP 24-FEB-2022 TO

23-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W8009B

0006 POP 24-FEB-2022 TO

23-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W8009B

0007 POP 24-FEB-2022 TO

23-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W8009B

0008 POP 24-FEB-2022 TO

23-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W8009B

0009 POP 24-FEB-2022 TO

23-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W8009B

0010 POP 24-FEB-2022 TO

23-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W8009B

0011 POP 24-FEB-2022 TO

23-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W8009B

0012 POP 24-FEB-2022 TO

23-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Origin (Shipping Point)

W8009B

0013 POP 24-FEB-2022 TO

23-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

W8009B

0014 POP 24-FEB-2022 TO

23-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination W8009B

0015 POP 24-FEB-2022 TO

23-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

FOB: Destination

W8009B

0016 23-FEB-2027 6 (SAME AS PREVIOUS LOCATION)

FOB: Destination

W8009B

9999 POP 24-FEB-2022 TO

23-FEB-2027

N/A (SAME AS PREVIOUS LOCATION)

W8009B

52.211-17 Delivery of Excess Quantities SEP 1989 52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.242-17 Government Delay Of Work APR 1984 52.247-29 F.O.B. Origin FEB 2006 52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

PGI 204.7108 PAYMENT INSTRUCT

(a) Scope. This section applies to contracts and orders that are funded by multiple accounting classification citations and—

(1) Include deliverable line items or deliverable subline items (see FAR 4.1005-1) that are funded by multiple accounting classification citations;

(2) Contain cost-reimbursement or time-and-materials/labor-hour line items; or

(3) Authorize financing payments.

(b) For contracts and orders covered by this subpart—

(1) The contracting officer shall insert the table at (b)(2), or a link to the table at (b)(2) (https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions), in Section G of the contract, or equivalent, including contracts with incrementally funded line items. When some, but not all, of the fixed price line items in a contract are subject to contract financing payments, the contracting officer shall clearly identify to which line items the payment clause(s) included in Section I apply.

(2) The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the table below based on the type of payment request submitted (see DFARS 252.232-7006) and the type of effort.

Contract/Order Payment Clause

Type of Payment Request

Supply

Service

Construction Payment Office

Allocation Method

52.212-4 (Alt I), Contract Terms and Conditions— Commercial Items 52.216-7, Allowable Cost and Payment 52.232- 7, Payments under Time-and-Materials and Labor- Hour Contracts

Cost Voucher

X

X

N/A

Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-1, Payments Navy Shipbuilding Invoice (Fixed Price)

X N/A N/A Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those http://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions) http://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions)

Type of amounts will be prorated to the available unliquidated funds for that year.

52.232-1, Payments; 52.232-2, Payments under Fixed- Price Research and Development Contracts; 52.232-3, Payments under Personal Services Contracts; 52.232-4, Payments under Transportation Contracts and Transportation- Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers

Invoice X X N/A Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.

52.232-5, Payments Under Fixed-Price Construction Contracts

Construction Payment Invoice

N/A N/A X Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.

52.232-16, Progress Payments

Progress Payment*

X X N/A Contract-wide proration.

Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN. Progress Payments are considered contract level financing, and the “contract price” shall reflect the fixed price portion of the contract per

FAR 32.501-3.

52.232-29, Terms for Financing of Purchases of Commercial Items; 52.232-30, Commercial Item Financing*

X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the

Type of

Installment Payments for Commercial Items account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).

52.232-32, Performance- Based Payments

Performance- Based Payments*

X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).

252.232-7002, Progress Payments for Foreign Military Sales Acquisitions

Progress Payment*

X X N/A Allocate costs among line items and countries in a manner acceptable to the Administrative Contracting Officer.

*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).

(c) Reserved.

(d) The numbered payment instructions ((d)(1) through (11)) are replaced by the table at paragraph (b)(2) of this section.

(12) Other. If none of the payment instructions identified in paragraph (b)(2) of this section are appropriate (i.e., multiple lot progress payments), the contracting officer may insert other payment instructions, provided the other payment instructions—

(i) Provide a significantly better reflection of how funds will be expended in support of contract performance; and

(ii) Are agreed to by the payment office and the contract administration office. A copy of the agreement will be kept in the contract file.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 Wide Area WorkFlow Payment Instructions.

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“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 the Procurement Integrated Enterprise Environment (PIEE), Wide Area WorkFlow (WAWF) application.

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

“Payment request” and “receiving report” are defined in the clause at 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. PIEE/WAWF provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003 , Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF application access. To access the WAWF application in PIEE, the Contractor shall—

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

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

(d) WAWF training within PIEE. The Contractor should follow the training instructions of the PIEE Web-Based Training Course and use the Practice Training Site before submitting payment requests in PIEE/WAWF. Both can be accessed by selecting the “Web Based Training” link on the PIEE home page at https://piee.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items—

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

To Be Determined in Each Delivery Order

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(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 To Be Determined in Each Delivery Order Issue By DoDAAC W900KK Inspect By DoDAAC W8009B Ship To Code To Be Determined in Each Delivery Order Ship From Code To Be Determined in Each Delivery Order Mark For Code To Be Determined in Each Delivery Order DCAA Auditor DoDAAC S0107A

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

Stephen Moore stephen.h.moore12.civ@mail.mil (256)590-2718 COR Inspector & Acceptor

Jason Jerome jason.jerome3.civ@mail.mil (407) 208-5868 Contracting Officer

(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.

Ron Crowder ronald.j.crowder.civ@mail.mil (407) 208-3032 Group Admin (GAM), WAWF (Primary)

Tom Bunch thomas.j.bunch.civ@mail.mil (407) 384-3792 GAM – WAWF (Alternative)

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

mailto:stephen.h.moore12.civ@mail.mil mailto:jason.jerome3.civ@mail.mil mailto:ronald.j.crowder.civ@mail.mil mailto:thomas.j.bunch.civ@mail.mil

G-1 For orders placed against basic contract CLIN 0007, Engineering Services the Contractor will be reimbursed up to the Contract Ceiling Labor Rates established in Attachment 04 Pricing List for the direct labor cost and total indirect cost. For orders placed against basic contract CLIN 0009 ODC or 0010 Materials the contractor shall be reimbursed their actual costs.

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or MAY 2014

Improper Activity 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To

Influence Certain Federal Transactions 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

SEP 2007

JUN 2020

JAN 2017

52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-23 Prohibition on Contracting for Hardware, Software, and

Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

52.204-26 Covered Telecommunications Equipment or Services-- Representation.

52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

JUL 2018

AUG 2020

OCT 2020

JUN 2020

OCT 2018

NOV 2015

52.210-1 Market Research JUN 2020 52.211-5 Material Requirements AUG 2000 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-9 Changes or Additions to Make-or-Buy Program OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-12 (Dev) Subcontractor Certified Cost or Pricing Data (Deviation 2018-JUN 2020

O0015) 52.215-14 Integrity of Unit Prices JUN 2020 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits JUL 2005

(PRB) Other than Pensions 52.215-19 Notification of Ownership Changes OCT 1997

52.215-21 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

JUN 2020

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.216-7 Allowable Cost And Payment AUG 2018 52.216-8 Fixed Fee JUN 2011 52.216-11 Cost Contract--No Fee APR 1984 52.216-26 Payments Of Allowable Costs Before Definitization DEC 2002 52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION NOV 2020

2020-O0008).

52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2020-O0008) MAR 2020 52.219-28 Post-Award Small Business Program Rerepresentation NOV 2020 52.219-33 (Dev) Nonmanufacturer Rule (DEVIATION 2020-O0008) MAR 2020 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor DEC 2010

Relations Act 52.222-50 Combating Trafficking in Persons OCT 2020 52.222-54 Employment Eligibility Verification OCT 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming JUN 2016

Potential Hydrofluorocarbons.

52.223-15 Energy Efficiency in Energy-Consuming Products MAY 2020 52.223-18 Encouraging Contractor Policies To Ban Text Messaging JUN 2020

While Driving 52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.224-2 Privacy Act APR 1984 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-14 Inconsistency Between English Version And Translation Of FEB 2000

Contract 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright JUN 2020

Infringement 52.227-3 Patent Indemnity APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.230-2 Cost Accounting Standards JUN 2020 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-1 Payments APR 1984 52.232-2 Payments Under Fixed-Price Research And Development APR 1984

Contracts 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014

52.232-18 Availability Of Funds APR 1984 52.232-20 Limitation Of Cost APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-25 Alt I Prompt Payment (Jan 2017) Alternate I FEB 2002 52.232-33 Payment by Electronic Funds Transfer--System for Award OCT 2018

Management 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business DEC 2013

Subcontractors 52.233-1 Disputes May 2014 52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And APR 1984

Vegetation 52.237-3 Continuity Of Services JAN 1991 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-2 Production Progress Reports APR 1991 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.243-2 Changes--Cost-Reimbursement AUG 1987 52.243-2 Alt II Changes--Cost Reimbursement (Aug 1987) - Alternate II APR 1984 52.243-7 Notification Of Changes JAN 2017 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.246-24 Limitation Of Liability--High-Value Items FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed- APR 2012

Price) 52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-14 Excusable Delays APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD SEP 2011

Officials 252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- DEC 2008

Contract-Related Felonies 252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Contract Line or Subline Items Not Separately APR 2020

Priced 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber DEC 2019

Incident Reporting 252.204-7015 Notice of Authorized Disclosure of Information for Litigation MAY 2016

Support

252.204-7018 Prohibition on the Acquisition of Covered Defense JAN 2021

Telecommunications Equipment or Services 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By MAY 2019

The Government of a Country that is a State Sponsor of Terrorism 252.209-7008 Notice of Prohibition Relating to Organizational Conflict of DEC 2010

Interest--Major Defense Acquisition Program 252.209-7009 Organizational Conflict of Interest--Major Defense MAY 2019

Acquisition Program 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7002 Cost Estimating System Requirements DEC 2012 252.215-7009 Proposal Adequacy Checklist JAN 2014 252.219-7000 Advancing Small Business Growth SEP 2016 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or SEP 2014

Hazardous Materials 252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7004 Report of Intended Performance Outside the United States OCT 2020 and Canada--Submission after Award 252.225-7008 Restriction on Acquisition of Specialty Metals MAR 2013 252.225-7009 Restriction on Acquisition of Certain Articles Containing DEC 2019

Specialty Metals 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7013 Duty-Free Entry--Basic APR 2020 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7048 Export-Controlled Items JUN 2013 252.225-7052 Restriction on the Acquisition of Certain Magnets, Tantalum, OCT 2020 and Tungsten.

252.227-7000 Non-estoppel OCT 1966 252.227-7010 License to Other Government Agencies AUG 1984 252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7014 Rights in Noncommercial Computer Software and FEB 2014

Noncommercial Computer Software Documentation 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7025 Limitations on the Use or Disclosure of Government- MAY 2013

Furnished Information Marked with Restrictive Legends 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.232-7003 Electronic Submission of Payment Requests and Receiving DEC 2018

Reports 252.232-7010 Levies on Contract Payments DEC 2006 252.232-7017 Accelerating Payments to Small Business Subcontractors-- APR 2020

Prohibition on Fees and Consideration 252.235-7000 Indemnification Under 10 U. S. C. 2354 Fixed Price DEC 1991 252.239-7000 Protection Against Compromising Emanations OCT 2019 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.242-7006 Accounting System Administration FEB 2012 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished APR 2012

Property 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7001 Warranty Of Data MAR 2014 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7006 Warranty Tracking of Serialized Items MAR 2016 252.246-7007 Contractor Counterfeit Electronic Part Detection and AUG 2016

Avoidance System 252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea FEB 2019 252.249-7002 Notification of Anticipated Contract Termination or JUN 2020

Reduction

CLAUSES INCORPORATED BY FULL TEXT

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (JUN 2020)

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

Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.

Full cooperation—

(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;

(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-

(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or

(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and

(3) Does not restrict a Contractor from--

(i) Conducting an internal investigation; or

(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.

Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.

United States means the 50 States, the District of Columbia, and outlying areas.

(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--

(i) Have a written code of business ethics and conduct;

(ii) Make a copy of the code available to each employee engaged in performance of the contract.

(2) The Contractor shall--

(i) Exercise due diligence to prevent and detect criminal conduct; and

(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.

(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--

(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or

(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).

(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.

(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.

(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:

(1) An ongoing business ethics awareness and compliance program.

(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise…