W911PT24Q0018 SAM.pdf

SEE ADDENDUM

( No Col lect Cal ls )

W911PT24Q0018 18-Dec-2023

b. TELEPHONE NUMBER

5182664604

8. OFFER DUE DATE/LOCAL TIME

04:00 PM 12 Jan 2024

5. SOLICITATION NUM BER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

( SIGNATURE OF CONTRACTING OFFICER)

ADDENDA X ARE

26. TOTAL AWARD AMOUNT (For Gov t . Use Only)

23.

CODE 10. TH IS ACQUISI TION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W911PT9. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

7. FOR SOLICITATION

INFORMATION CALL:

a. NAM E

DANA M. GLEESON

2. CONTRACT NO. 3 . AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

1 27a. SOLI CI TATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52. 212-3. 52.212-5 ARE ATTACHED.X

25. ACCOUNTING AND APPROPRI ATION DATA

1. REQUISITION NUMBER

20.

ADDI TIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

W16H1F324800HU

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52. 212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

(BLOCK 5), INCLUDI NG ANY ADDITI ONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO I TEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THI S DOCUMENT AND RETURN

% FOR:SET ASI DE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ARMY CONTRACTING COMMAND-WARREN (WVA)

ATTN: CCTA-HDW /BLDG 10

1 BUFFINGTON STREET

WATERVLIET NY 12189-4000

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS AX

13b. RATING

DO-A5

CODE15. DELIVER TO CODE W16H1F 16. ADMINISTERED BY

12. DI SCOUNT TERMS11. DELIVERY FOR FOB DESTI NA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLIC ITATION

RFQ IFB RFPX

STOCK RECORD OFFICER

BERNADETTE FAZIO

WATERVLIET ARSENAL TAWV-CQL-S/BLDG 35 RECEIVI

WATERVLIET NY 12189- 4000

TEL: 518-266-5180 FAX:

FAX:

TEL: SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

NAICS:

321920

X

OFFER DATED

29. AW ARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWI SE IDENTIFI ED ABOVE AND ON ANY

COPI ES TO ISSUI NG OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL:

TEL:

31c. DATE SIGNED

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN- OWNED

SM ALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF79

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEI VED INSPECTED

32b. SIGNATURE OF AUTHORI ZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATI VE

32e. MAILI NG ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORI ZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FI NALPARTIALCOMPLETE

36. PAY MENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHI P NUMBER

PARTI AL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAY MENT

41b. SIGNATURE AND TITLE OF CERTIFYI NG OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC 'D (YY/ MM/DD) 42d. TOTAL CONTAI NERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

W911PT24Q0018

Section SF 30 - BLOCK 14 CONTINUATION PAGE

ATTACHMENT A

GENERAL DATA/GENERAL DRAWINGS

THIS TDP DOES NOT CONTAIN A SPECIFICATION OR STANDARD REQUIRING THE USE OF A

CLASS I COC OR A CONTRACTUAL REQUIREMENT THAT CAN BE MET ONLY THROUGH USE

OF SUCH A SUBSTANCE.

DRAWING REV DATE TITLE

QAP-APP-WVA 010301 General Quality Assurance Provisions 11579763 AA 200317 General Data for Container Construction with Lengthwise Skids

(Plywood Sides) QAP 167917 R 030211 Quality Assurance Provisions, Shipping Containers and Skids (Wood)

ADDITIONAL DRAWINGS/DOCUMENTS

DRAWING # REV DATE TITLE

11580190 Sh 1 A 881216 CONTAINER, TUBE FOR CANNON 155MM HOW M284 11580190 Sh 2 New 880602 CONTAINER, TUBE FOR CANNON 155MM HOW M284 11580190 Sh 3 New 880602 CONTAINER, TUBE FOR CANNON 155MM HOW M284 11580190 Sh 4 A 881216 CONTAINER, TUBE FOR CANNON 155MM HOW M284

MILITARY/FEDERAL SPECIFICATIONS/STANDARDS

NUMBER REV AMD NOT DATE TITLE

MIL-STD-130

FF-N-105

N B

190826 970129

Identification Marking of U.S. Military Property Nails, Brads, Staples and Spikes: Wire, Cut and Wrought (Canceled Refer to ASTM F1667)

MIL-S-21041 C 4 140903 Slotted Metal Framing, Angles and Panels-Not For New Design FF-B-575 D 220519 Bolt, Hexagon and Square- Not For New Design A-A-208D D 131001 Ink, Marking, Stencil, Opaque (Porous and Non-Porous Surfaces) MIL-C-104 C 1 1 090519 Crates, Wood: Lumber and Plywood sheathed, Nailed and Bolted

Cancelled – No Replacement MIL-HDBK-7 B 3 220328 Lumber and Allied Products MIL-STD-100 G 1 011214 Standard Practice for Engineering Drawings (Canceled - Use

ASME Y14.100,Y14.34,Y14.24,Y14.35M)

MS 27183 L 2 211022 Washer, Flat (Round, Steel, Cadmium Plated) General Purpose

Not For New Design MS 35751 E 1 990622 Bolt, Square Neck, Round Head (Carriage), Steel, Cadmium or

Zinc Plated, UNC-2A (CANC. Superseded by NASM35751) MS 51967 D 6 220415 Nut, Plain, Hexagon-Carbon Steel, Cadmium Plated, UNC-

2B(IN./MM)

INDUSTRY STANDARDS

SOCIETY/NUMBER

ASME Y14.100

ASME Y14.24

ASME Y14.34

ASME Y14.35

YEAR

13(R2018) 14(R2019)

TITLE

Engineering Drawing Practices Types and Applications of Engineering Drawings Associated Lists Revision of Engineering Drawings and Associated Lists

ASME Y14.5 09 Dimensioning and Tolerancing ASTM D6199 18 Standard Practice for Quality of Wood Members of Containers and Pallets

ASTM F1667A/F1667M

AIA/NAS NASM35751

Standard Specification for Driven Fasteners: Nails, Spikes, and Staples Bolt, Square Neck, Round Head (Carriage), Steel, Cadmium or Zinc Plated, UNC-2A-Rev1

INSPECTION/ACCEPTANCE CRITERIA

INSPECTION AND ACCEPTANCE/FIRST ARTICLE CLAUSE REQUIREMENTS

PLACE OF INSPECTION AND ACCEPTANCE

Government inspection/acceptance will be made by the authorized Government Representative located at:

Inspection Acceptance [X] Watervliet Arsenal [X] Watervliet Arsenal [ ] Contractor’s Plant [ ] Contractor’s Plant

GENERAL QUALITY ASSURANCE PROVISIONS (Jun 1996) (ACC-WRN(WVA))

Contractor requirements and inspection provisions are required in accordance with QAP-APPENDIX-WVA and the item QAP(s) (if applicable).

(END OF CLAUSE)

52.246-15 CERTIFICATE OF CONFORMANCE (Apr 1984)

52.209-4 Alt I FIRST ARTICLE APPROVAL – GOVERNMENT TESTING (Sep 1989) – ALTERNATE I (Jan 1997)

(a) The contractor shall deliver ___one container per DWG 11580190________________ unit(s) of

Lot/Item 0001 within 60 calendar days from the date of this contract to the Government at:

WATERVLIET ARSENAL

VENDOR QUALITY & GAGE CALIBRATION WORK GROUP

BLDG #35-E, ATTN: TAWV-ODQ-M

WATERVLIET, NY 12189-4050

for first article tests. The shipping documentation shall contain this contract number and the Lot/Item identification.

The characteristics that the first article must meet and the testing requirements are specified elsewhere in this contract.

(b) Within 30 calendar days after the government receives the first article, the contracting officer shall notify the contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the contractor. A notice of disapproval shall cite reasons for the disapproval.

(c) If the first article is disapproved, the Contractor, upon Government request, shall submit an additional first article for testing. After each request, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional first article to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on this first article within the time limit specified in paragraph (b) of this clause. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.

(d) If the Contractor fails to deliver any first article on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.

(e) Unless otherwise provided in the contract, the Contractor—

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

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

(f) If the Government does not act within the time specified in paragraph (b) or (c) of this clause, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.

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

(h) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.

(i) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the Offeror/Contractor and have been accepted by the Government. The Offeror/Contractor may request a waiver.

(j) The Contractor shall produce both the first article and the production quantity at the same facility.

(End of clause)

EVALUATION OF NECESSITY FOR FIRST ARTICLE AND COST RELATED THERETO (Feb 1992) (ACC-

WRN(WVA))

a. The requirement entitled First Article Inspection as provided in Section E of this solicitation may be waived by the government under the following conditions, all inclusive:

(1) The offeror has had a First Article approved by the government and/or has produced the same or similar item within the past 12 months from the date set for submission of offers. (In case of forging performs, tube forgings and breech ring forgings, the 12 month figure is changed to 36 months), and

(2) There have been no significant changes in processes or applicable specifications and/or drawings, concerning the item being solicited, and

(3) Production deliveries on the offeror’s most recent contract for the same or a similar item did not include non-conforming material delivered to Watervliet Arsenal, or destination. (If the non-reported discrepant condition(s) are considered minor by Watervliet Arsenal, this condition may be waived.)

NOTE: The determination as to significant changes, similar items, and minor condition(s) will be at the sole election of the Watervliet Arsenal.

If the offeror wants to be considered for waiver, the offeror shall furnish in the space provided below information relative to the prior approval:

CONTRACT NUMBER: _________________

DATE OF APPROVAL: __________________

b. In evaluating offers herein, the sum of $ _____1200.00_____, which represents the cost to the government for performing First Article testing, will be added to the total price of those offers for which such testing cannot be waived in accordance with the criteria set forth above.

c. Where alternate offers are permitted in Section B, for First Article required and First Article waived, award may be made, in the government’s best interest, for EITHER item after application of the evaluation factors set forth herein. Offeror’s are cautioned that failure to provide a price for the line item which includes the First Article Test may result in the loss of an award if the government is unable to waive the First Article Requirement. (END OF

PROVISION).

COMMERCIAL NARRATIVES

C.__ REQUEST FOR QUOTE RESPONSES

ALL RESPONSES MUST BE ELECTRONIC. YOU MAY SUBMIT YOUR QUOTE

RESPONSES USING THE FOLLOWING METHOD:

(a) Email to: dana.m.gleeson.civ@army.mil

(b) Request for Quotes must be filled out completely and sent in its entirety to be considered responsive.

C.__ ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES

(a) The contractor and all associated subcontractors’ employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements (FAR clause 52.204-9 “Personal Identity Verification of Contractor Personnel”) as directed by DoD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes.

(b) For contractors requiring Common Access Card (CAC). Before CAC issuance, the contractor employee requires, at a minimum, a favorably adjudicated National Agency Check with Inquiries (NACI) or an equivalent or higher investigation in accordance with Army Directive 2014-05, The contractor employee will be issued a CAC only if duties involve one of the following: (1) Both physical access to a DoD facility and access, via logon, to DoD networks on-site or remotely; (2) Remote access, via logon, to a DoD network using DoD-approved remote access procedures; or (3) Physical access to multiple DoD facilities or multiple non-DoD federally controlled facilities on behalf of the DoD on a recurring basis for a period of six (6) months or more. At the discretion of the sponsoring activity, an initial CAC may be issued on a favorable review of the FBI fingerprint check and a successfully scheduled NACI at the Office of Personal Management.

(c) For contractors that do not require CAC, but require access to a DoD facility or installation.

Contractor and all associated sub-contractors employees shall comply with adjudication standards, and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (Army Directive 2014-05/AR 190- 13), applicable installation, facility and area commander installation/facility access and local security policies and procedures elsewhere in Section C; Non-disclosure Statement; for OCONUS locations, refer to the Status of Forces Agreement and other theater regulations.

A.__ NOTICE OF WATERVLIET ARSENAL INFORMATION/REQUIREMENTS

(a) IMPORTANT DELIVERY/QUALITY REQUIREMENTS:

(1) ALL OFFERORS MUST CAREFULLY REVIEW THE DELIVERY

REQUIREMENT IN THE REQUEST FOR QUOTE OR SOLICITATION. WHEN

SUBMITTING AN OFFER/BID, PLEASE ENSURE THAT YOU CAN MEET THE

DELIVERY SCHEDULE.

(2) ON TIME DELIVERY IS VERY CRITICAL. THEREFORE, YOU MUST

ADHERE TO THE DELIVERY REQUIREMENTS INDICATED IN ANY

RESULTANT AWARD. FAILURE TO COMPLY WITH THE CONTRACTUAL

DELIVERY SCHEDULE, MAY RESULT IN TERMINATION OF THE ORDER OR

REQUIRE CONSIDERATION IF THE GOVERNMENT ELECTS TO EXTEND

DELIVERY. (NOTE: Non-availability of raw materials, subcontractor issues, scheduling conflicts, should be considered at the time you are submitting your offer/bid.

They are not acceptable excuses for failing to meet the delivery after award).

(3) PROVIDING QUALITY PRODUCTS THAT CONFORM TO THE CONTRACT

ARE JUST AS IMPORTANT AS MEETING THE REQUIRED DELIVERY.

DELIVERY OF NON-CONFORMING PRODUCTS RESULTS IN DELIVERY

DELAYS AND INCREASED COSTS TO THE ARSENAL.

(4) PAST PERFORMANCE FOR QUALITY AND DELIVERY MAY BE A MAJOR

CONSIDERATION IN MAKING DETERMINATIONS FOR FUTURE CONTRACT

AWARDS.

NOTICE: Throughout this document we may use the terms “we” and “you”, the term “we” means the government of the United States of America, and the term “you” means the contractor.

(b) WATERVLIET ARSENAL INFORMATION FOR CONTRACTORS:

“Watervliet Arsenal Information for Contractors” document is incorporated by reference in all solicitations and contracts. The full text version of the instructions is available at Internet address: http://www.wva.army.mil/Documents/Contracting/WAIC.pdf Upon request, the contracting officer will make its full text available.”

POC - CONTRACT SPECIALIST/BUYER: Dana Gleeson

TELEPHONE NUMBER: 518-266-5604

E-MAIL ADDRESS: dana.m.gleeson.civ@army.mil

CONTRACTOR DUNS NUMBER/CAGE CODE/FAX NUMBER:

Please provide the following information for your company.

VENDOR NAME: _________________________

VENDOR POC: __________________________

POC PHONE: ____________________________

E-MAIL ADDRESS (see note below): __________________________

UNIQUE ENTITY NUMBER _______________________

CAGE CODE (if known) __________________

TAX ID NUMBER ________________________

VENDOR FAX NUMBER ________________

NOTE: Your e-mail address is required so that in the event you receive the resultant award, we can e-mail it to you. If we experience difficulties with e-mail, it will be data faxed.

(c) AWCF BULK FUND DOES X DOES NOT APPLY

(d) POSTERS:

(1) Contracts for Material, Supplies, Articles and Equipment Exceeding $15,000/Service Contract Labor Standards. Orders subject to these Acts require contractors to post WH Publication 1313, “Employee Rights on Government Contracts”.

(2) Construction Orders. Orders for construction require contractors to post WH Publication 1321, “Employee Rights under the Davis Bacon” and the Office of Federal Contract Compliance poster on “Equal Employment Opportunity is the Law.”

(3) These posters can be accessed electronically at http://www.dol.gov .

(4) Hard copies of the posters will be made available upon request to the contracting officer.

(e) PAYMENTS:

Any vendor that receives an award (except those paid by credit card or accommodation check) can view invoice payments made by DFAS at https://wawf.eb.mil/ using the “my invoice” system. You will be required to register in order to view payments. Payment information is maintained for 120 days from invoice payment. Vendors can find out when invoices have been paid by Electronic Funds Transfer (EFT), etc. This website can save valuable time and frustration over billing questions and it is a free service.

(f) RELEASE OF INFORMATION:

The contractor shall not release or authorize release of DoD specifications; acceptance test results; information involving critical military technology; or any other information in which the DoD maintains proprietary rights, or is otherwise confidential or classified. This restriction includes any endorsement by the Department of Army of a contractor. Release of information under the circumstances referenced above requires the prior written approval of the Contracting Officer responsible for this contract. It is the contractor’s responsibility to be familiar with, and comply with the requirements of Chapter 5, page 22, paragraph 5-48, of AR 360-1 may be found at http://www.usapa.army.mil/pdffiles/r360_1.pdf

F.__ DELIVERY INFORMATION

(a) Effective 1 March, 2020, all commercial carriers must request an appointment for delivery to Watervliet Arsenal through the Carrier Appointment System (CAS). Carriers can register for CAS at https://eta.sddc.army.mil/. In the event that a carrier is either unable to register for CAS, or if CAS is down, carriers must call the transportation desk at 518-266-5858 to schedule an appointment

Note(s):

i. Late/early arrivals may be rescheduled to the next available appointment date.

ii. This will not apply to small package carriers such as FEDEX, UPS, or DHL.

(b) NOTICE: NORMAL DELIVERY HOURS FOR RECEIPT OF SUPPLIES AT

WATERVLIET ARSENAL ARE AS FOLLOWS:

Monday through Thursday Business Hours: 6:30 A.M. EST to 3:30 P.M. EST

Friday Business Hours: Every other Friday from 6:30 A.M. EST to 2:00 P.M. EST

Fridays will be staggered with every other Friday being a closed business day. The first Friday of 2024 to be closed is January 12, 2024.

BASED ON THE ABOVE, CONTRACTORS SHOULD CALL THE

CONTRACT/PURCHASE ORDER ADMINISTRATOR IN ADVANCE IF DELIVERY IS

SCHEDULED FOR A FRIDAY TO FIND OUT IF THE ARSENAL WILL BE OPEN FOR

BUSINESS.

Also, when a federal holiday is normally observed on a Friday, the arsenal may be closed on the preceding Thursday. In these instances, please contact the contract/purchase order administrator in advance of delivery if Thursday delivery is anticipated to determine if the arsenal will be open for business.

THE ABOVE INFORMATION SHOULD BE NOTED WHEN SCHEDULING DELIVERIES

AS WATERVLIET ARSENAL WILL NOT BE LIABLE FOR ANY STORAGE,

DEMURRAGE OR SHIPPER LABOR COSTS INCURRED AS A RESULT OF

CONTRACTOR ATTEMPTED DELIVERIES ARRIVING DURING NON-BUSINESS

HOURS.

(b) ITEM DESCRIPTION:

The material delivered hereon must be tagged or otherwise identified by placing the purchase order/contract number on the packing slip or it will be returned at the contractor’s expense. If more than one item is involved, material must be segregated by item and must be tagged or otherwise identified by item number. National stock number, when applicable, must be shown on all vendor’s documents, such as Bill of Lading, Notice of Shipment, delivery or packing slip, etc.

L.___ HQ-AMC LEVEL PROTEST PROCEDURES

Complete AMC Protest Procedures can be found at: http://www.amc.army.mil/Connect/Legal- Resources/

An agency protest may be filed with either the contracting officer or to HQAMC but not both following the procedures listed on the website above.

Disclosure of Unit Price Information (Jun 2004) (ACC-WRN (WVA))

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23, 1987), of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the contracting officer is notified of your objection to such release prior to submission of initial proposals.

EVALUATION—COMMERCIAL ITEMS (APR 2009) (ACC-WRN (WVA))

(a) We will award a contract to the offeror that:

1. submits the lowest evaluated bid or offer, and

2. submits a bid or proposal that meets all the material requirements of this solicitation, and

3. meets all the responsibility criteria at FAR 9.104

(b) To make sure that you meet the responsibility criteria at FAR 9.104 we may:

1. arrange a visit to your plant and perform a preaward survey;

2. ask you to provide financial, technical, production, or managerial background information.

(c) Options. We will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. We may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate us to exercise the option(s).

(d) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, we may accept an offer (or part of an offer), regardless of whether there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

A.__ PROMPT PAYMENT NOTICE TO FAR 52.212-4 (MAY 2013) (ACC-WRN(WVA))

In accordance with the prompt payment regulations at 5 CFR 1315 referenced in FAR 52.212-4 Contract Terms and Conditions – Commercial Items, specifically 5 CFR 1315-4(b)(1)(B), Government acceptance shall be deemed to have occurred constructively on the 30th day after the contractor delivered the supplies or performed the services.

A.__ DISTRIBUTION AND DESTRUCTION OF EXPORT CONTROL TECHNICAL DATA

PACKAGE

(a) This solicitation and resulting contract contains technical data whose export is restricted by the Arms Export Control Act (Title 22, U.S.C., Sec 2751, et. seq.) or the Export Administration Act of 1979, as amended, Title 50, U.S.C, App. 2401 et. seq. Violations of these export laws are subject to severe criminal penalties. Disseminate in accordance with provisions of DoD Directive 5230.25. This also applies to distribution of the TDP to all SUBCONTRACTORS at every level.

(b) To be eligible to gain access to this export controlled TDP (via SAM.gov) an offeror must have a current DD 2345, “Militarily Critical Technical Data Agreement” certification on file with the Defense Logistics Information Service (DLIS). To obtain certification, contractors must submit a DD Form 2345 to the United States (U.S.)/Canada Joint Certification Office (JCO), along with a copy of supporting documentation. DD Form 2345 and instructions can be found on the Joint Certification Program website at:

http://www.dla.mil/HQ/InformationOperations/Offers/Products/LogisticsApplications/JCP.aspx Processing time is estimated at six (6) to ten (10) weeks after receipt. Upon receipt of certification, an offeror may request the TDP in accordance with the solicitation's Section C “Technical Data Package” instructions.

(c) Upon completion of the purposes for which Government Technical Data has been provided, the offeror, and all subcontractors, vendors, and sub-vendors of the offeror, are required to destroy all documents, including all reproductions, duplications, or copies thereof as may have been further distributed.

(d) Destruction of this technical data shall be accomplished by: shredding, pulping, burning, or melting any physical copies of the TDP and/or deletion or removal of downloaded TDP files from computer drives and electronic devices, and any copies of those files.

CRITICAL MILITARY TECHNOLOGY (APR 1988) ((ACC-WRN(WVA))

The documents, drawings (microfilms) listed herein contain critical military technology that is owned by the United States Government, Watervliet Arsenal. These documents, drawings (microfilm) are not to be used for any purpose other than the purpose for which they are furnished, nor shall they be distributed or reproduced for any purpose, nor any part of their contents revealed in any manner, to persons other than the individuals or organizations specified to receive it, or their employees, without written consent of the Watervliet Arsenal.

LIST OF DOCUMENTS/DRAWING NO.

11580190 (Sheet 1 and 4, Revision A, Sheet 2 and 3, Revision New)

DISCLOSURE OF WATERVLIET ARSENAL TECHNOLOGY (APR 2005) (ACC-WRN(WVA))

In accordance with, Title 10 of the U.S. Code Section 4542, no Cannon Production Technology as defined herein, may be furnished to any foreign source or representative thereof. Therefore, solicitations and subsequent contracts for this requirement will be confined only to United States, Puerto Rico, and Canada which are considered part of the United States Industrial Base.

Cannon Production Technology (as defined below) or other technology on any defense item being manufactured or developed at Watervliet Arsenal, will not be released outside the offeror’s/contractor’s firm and/or the United States of America (the latter prohibition includes, but is not limited to, disclosure to the offeror’s/contractor’s foreign subsidiaries, affiliates, etc.) nor will such technology be used to manufacture cannon (as defined below) or other defense items being manufactured or developed at Watervliet Arsenal, in response to requests from anyone other than Watervliet Arsenal, without prior written approval of Watervliet Arsenal (WVA).

The offeror/contractor is hereby notified that any breach by him/her of the above provision may legally be pursued by the Government as a breach of implied contract (with respect to an offeror) or breach in contract (with respect to the firm awarded the contract). The offeror/contractor is hereby also placed on written notice that any damages the Government chooses to pursue for such breach may include any consequential damages for which the offeror/contractor would be liable. In addition, injunctive relief may be pursued in the event of violation of the above provision.

If prior approval of Watervliet Arsenal has been obtained, as required by the above provision, any subcontract is involved, the contractor shall insert the substance of this provision (that is, the first three full paragraphs above) in such subcontract. Failure of the contractor to include this provision in any subcontract may be pursued by the Government as a breach of contract by the contractor whereby he/she may be liable for any damage, to include consequential damages, caused Watervliet Arsenal due to unauthorized release or use of the data by the subcontractor.

Additionally, any drawings, specifications, or other technical data furnished with this solicitation need not be returned to the Watervliet Arsenal, but should be disposed of by the offeror, however care must be taken to assure disposal of the data is made in a manner which will comply with the terms of this provision.

DEFINITIONS

1. CANNON: is defined as a complete assembly consisting of a tube, breech mechanism, firing mechanism, and all integral components. It may include tube attachments and muzzle appendages. It is a component of a weapon system of 40mm Bore or over such as tank guns, towed and self-propelled howitzers, naval guns, mortars, and recoilless guns.

2. CANNON PRODUCTION TECHNOLOGY: is defined as the technical data package and manufacturing technology.

a. TECHNICAL DATA PACKAGE: cannon engineering drawings, specifications and standards.

b. MANUFACTURING TECHNOLOGY: is technical knowledge, documentation, assistance, and equipment and machines used and useful in the manufacture of cannon.

(1) TECHNICAL KNOWLEDGE: is the know-how collected, trade secrets, production experience and special skills necessary for the production of cannon and is the technical information and inventions necessary for the manufacture of cannon and relating to the manufacture of cannon.

(2) TECHNICAL DOCUMENTATION: is manufacturing technical data; comprising drawings, specifications, schemes, composition, descriptions, methods of calculations, instructions, and other information necessary and sufficient for the manufacture of cannon.

(3) TECHNICAL ASSISTANCE: is all assistance required to make practical and economical use of the technology required to manufacture cannon, such as delivery of documentation, training of personnel, instructions, consultations and acquainting of specialists with the most economical method of using this technology in the manufacture of cannon.

(4) EQUIPMENT AND MACHINES: are production machines, machine accessories, apparatuses, spare parts and tooling, complete and in such quantity and quality as to secure the proper operation of a plant for cannon manufacture.

EXHIBIT A

CONTRACT DATA REQUIREMENT LIST – DD Form 1423 Form Approval OMB No. 0704-0188 Public reporting burden for this collection of information is estimated to average 440 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either these addresses. Send completed form to the Government Issuing Contracting Officer for the Contract/PR No. listed in Block E.

A. CONTRACT LINE ITEM NO.: 0001

B. EXHIBIT: A

C. CATEGORY

D. SYSTEM/ITEM

E. CONTRACT/PR NO.:

F. CONTRACTOR

1. DATA ITEM NO: A001

2. TITLE OF DATA ITEM: Test/Inspection Report

3. SUBTITLE: Inspection Records – First Article Sample WVA FORM 702-61-R-E, 16 March 2016 (CN 3)

4. AUTHORITY: DI-NDTI-80809B

5. CONTRACT REFERENCE: First Article Clause

6. REQUIRING OFFICE: TAWV-CQD-C

7. DD250 REQUIRED: *See Block 16

8. APP CODE:

9. DISTRIBUTION STATEMENT REQUIRED: B Test and Evaluation

10. FREQUENCY: ONE/P

11. AS OF DATE:

12. DATE OF FIRST SUBMISSION: With First Article

13. DATE OF SUBSEQUENT SUBMISSIONS: With First Article

14. DISTRIBUTION:

A. ADDRESSEES: As specified in contract or purchase order

B. COPIES:

DRAFT: 0

FINAL: 1

15. TOTAL: 1

16. REMARKS: Delete paragraph 10.2 of referenced DID (Block 4). Submit WVA Form 702-61-R-E showing results of inspections. Also submit DD Form 1222. Computerized versions of these forms may be used with prior approval of the procuring office. See QAP-APPX-WVA paragraph 10 for requirements. * Inspection/acceptance requirements specified in the contract. Data Item Description (DID) referenced in block 4 can be accessed at:

http//assist.daps.mil.

17. PRICE GROUP:

18. ESTIMATED TOTAL PRICE:

19. CCTA-HDW, FAX NUMBER: 518-266-4682

G. PREPARED BY:

H. DATE:

I. APPROVED BY: William Potter, TAWV-CQD-C J. DATE: 2 February 2022

Form Approval OMB No. 0704-0188 Public reporting burden for this collection of information is estimated to average 440 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either these addresses. Send completed form to the Government Issuing Contracting Officer for the Contract/PR No. listed in Block E.

A. CONTRACT LINE ITEM NO.: 0001 or 0002

B. EXHIBIT: A

C. CATEGORY

D. SYSTEM/ITEM

E. CONTRACT/PR NO.:

F. CONTRACTOR

1. DATA ITEM NO: A002

2. TITLE OF DATA ITEM: Certification/Data Report

3. SUBTITLE: Certificate of Conformance (COC), General Application (CN 5)

4. AUTHORITY: DI-MISC-80678

5. CONTRACT REFERENCE: QAP-APPX-WVA and specific drawing requirement

6. REQUIRING OFFICE: TAWV-ODQ-M

7. DD250 REQUIRED: No

8. APP CODE:

9. DISTRIBUTION STATEMENT REQUIRED: B Test and Evaluation

10. FREQUENCY: With Each Submission

11. AS OF DATE:

12. DATE OF FIRST SUBMISSION: With First Shipment

13. DATE OF SUBSEQUENT SUBMISSIONS: With Each Shipment

14. DISTRIBUTION:

A. ADDRESSEES: DEPARTMENT OF THE ARMY, Attn: TAWV-ODQ-M Bldg. 35-E, Watervliet Arsenal, 1 Buffington Street, Watervliet NY 12189-4000

B. COPIES:

DRAFT: 0

FINAL: 1

15. TOTAL: 1

16. REMARKS: Delete paragraph 10.3, 10.4 of referenced DID (Block 4). See QAP-APPX-WVA paragraph 4.6 for the general requirement. The COC will also contain specific reference to any appropriate material, fabrication method or heat treat process characteristic. Data Item Description (DID) referenced in block 4 can be accessed at:

http//assist.daps.mil.

17. PRICE GROUP:

18. ESTIMATED TOTAL PRICE:

19. CCTA-HDW, FAX NUMBER: 518-266-5602

G. PREPARED BY:

H. DATE:

I. APPROVED BY: William Potter, TAWV-ODQ-M J. DATE: 9 May 2013

Form Approval OMB No. 0704-0188 Public reporting burden for this collection of information is estimated to average 440 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302, and to the Office of Management and Budget, Paperwork Reduction Project (0704-0188), Washington, DC 20503. Please DO NOT RETURN your form to either these addresses. Send completed form to the Government Issuing Contracting Officer for the Contract/PR No. listed in Block E.

A. CONTRACT LINE ITEM NO.: 0001 or 0002

B. EXHIBIT: A

C. CATEGORY

D. SYSTEM/ITEM

E. CONTRACT/PR NO.:

F. CONTRACTOR

1. DATA ITEM NO: A003

2. TITLE OF DATA ITEM: Test/Inspection Report

3. SUBTITLE: Inspection Records, Production Components (CN12)

4. AUTHORITY: DI-NDTI-80809B

5. CONTRACT REFERENCE: QAP-APPX-WVA

6. REQUIRING OFFICE: TAWV-ODQ-M

7. DD250 REQUIRED: No

8. APP CODE:

9. DISTRIBUTION STATEMENT REQUIRED: B Test and Evaluation

10. FREQUENCY: With Each Submission

11. AS OF DATE:

12. DATE OF FIRST SUBMISSION: With First Shipment

13. DATE OF SUBSEQUENT SUBMISSIONS: With Each Shipment

14. DISTRIBUTION:

A. ADDRESSEES: DEPARTMENT OF THE ARMY, Attn: TAWV-ODQ-M Bldg. 35-E, Watervliet Arsenal, 1 Buffington Street, Watervliet NY 12189-4000

B. COPIES:

DRAFT: 0

FINAL: 1

15. TOTAL: 1

16. REMARKS: Delete paragraph 10.2 through 10.2.8 of referenced DID (Block 4).

Submit all records for production components. See QAP-APPX-WVA paragraph 4.2 and 4.5 for the requirement.

Data Item Description (DID) referenced in block 4 can be accessed at: http//assist.daps.mil.

17. PRICE GROUP:

18. ESTIMATED TOTAL PRICE:

19. CCTA-HDW, FAX NUMBER: 518-266-5602

G. PREPARED BY:

H. DATE:

I. APPROVED BY: William Potter, TAWV-ODQ-M J. DATE: 9 May 2013

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 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 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.

“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. The WAWF system 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 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.sam.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 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.

Invoice and Receiving Report (Combo)

(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.

N/A

(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 HQ0303

Issue By DoDAAC W911PT

Admin DoDAAC** W911PT

Inspect By DoDAAC W16H1F

Ship To Code W16H1F

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) N/A

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(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.

(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.

Dana Gleeson, 518-266-4604, dana.m.gleeson.civ@army.mil

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

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 30 Each Name: CONTAINER, M28 Part Number: 11580190

FFP

FIRST ARTICLE APPROVAL REQUIRED - Container, Tube for Cannon 155mm How M284, per Drawing # 11580190 (Sheet 1 and 4, Revision A, Sheet 2 and 3, Revision New), for 155mm M284 Cannon. To include contract data prepared and delivered in accordance with CONTRACT DATA REQUIREMENTS LIST (DD FORM 1423) which is attached hereto as EXHIBIT A; Along with general data drawings attachment A.

MID: EH23UWV396EHM71

FOB: Destination

NSN: 11580190:19206

MILSTRIP: W16H1F324800HU

PURCHASE REQUEST NUMBER: W16H1F324800HU

PSC CD: 1025

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 30 Each Name: CONTAINER, M28 Part Number:

FFP

FIRST ARTICLE APPROVAL WAIVED - Container, Tube for Cannon 155mm How M284, per Drawing # 11580190 (Sheet 1 and 4, Revision A, Sheet 2 and 3, Revision New), for 155mm M284 Cannon. To include contract data prepared and delivered in accordance with CONTRACT DATA REQUIREMENTS LIST (DD FORM 1423) which is attached hereto as EXHIBIT A; Along with general data drawings attachment A.

MID: EH23UWV396EHM71

FOB: Destination

PSC CD: 1025

NET AMT

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 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.204-7 System for Award Management OCT 2018 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 52.204-16 Commercial and Government Entity Code Reporting AUG 2020 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

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

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.211-15 Defense Priority And Allocation Requirements APR 2008 52.211-17 Delivery of Excess Quantities SEP 1989

52.212-1 Instructions to Offerors--Commercial Products and Commercial Services

SEP 2023

52.212-4 Contract Terms and Conditions--Commercial Products and Commercial Services

NOV 2023

52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.222-3 Convict Labor JUN 2003 52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies

(DEVIATION 2020-O0019)

DEC 2022

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.225-18 Place of Manufacture AUG 2018 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.233-3 Protest After Award AUG 1996 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7001 Buy American And Balance Of Payments Program--Basic JAN 2023 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.247-7023 Transportation of Supplies by Sea JAN 2023

CLAUSES INCORPORATED BY FULL TEXT

52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL

CONFIDENTIALITY AGREEMENTS OR STATEMENTS--REPRESENTATION (JAN 2017)

(a) Definition. As used in this provision-- Internal confidentiality agreement or statement, subcontract, and subcontractor, are defined in the clause at 52.203- 19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.

(b) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use funds appropriated (or otherwise made available) for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(c) The prohibition in paragraph (b) of this provision does not contravene requirements applicable to Standard Form 312, (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General).

(End of provision)

52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS OR

STATEMENTS (JAN 2017)

(a) Definitions. As used in this clause-- Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

Subcontract means any contract as defined in subpart 2.1 entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders.

Subcontractor means any supplier, distributor,…