B08.02_W913E519T0006.pdf

SEE ADDENDUM

(No Collect Calls)

W913E519T0006 02-Jul-2019

b. TELEPHONE NUMBER

603-646-4119

8. OFFER DUE DATE/LOCAL TIME

12:00 PM 15 Jul 2019

5. SOLICITATION NUMBER 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 ARE

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

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.

W913E59. ISSUED BY

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

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

WILL MCFARLAND

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

0 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED OR X

SMALL BUSINESSX

17a.CONTRACTOR/ CODE FACILITY

OFFEROR CODE

ERDC CONTRACTING OFFICE

HANOVER OFFICE

72 LYME ROAD

HANOVER NH 03755-1290

18a. PAYMENT WILL BE MADE BY CODE

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE15. DELIVER TO CODE W14GQK 16. ADMINISTERED BY

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

PR W2R2 COLD RGNS RSCH ENG LAB

ENGINEERING RESOURCE BR

72 LYME ROAD

HANOVER NH 03755-1290

TEL: 603-646-4458 FAX:

(217) 373-6773FAX:

TEL: (217) 373-7297 SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

1,250

NAICS:

333415

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING 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

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF48

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

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

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

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

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

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

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.

W913E519T0006

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Each GRF Refrigeration System

FFP

The Contractor shall supply a refrigeration system in accordance with Section C, Description of Work.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0002 1 Job GRF Refrigeration System Installation

FFP

The Contractor shall install the refrigeration system in accordance with Section C, Description of Work.

NET AMT

Section C - Descriptions and Specifications

DESCRIPTION OF REQUIREMENT

Geophysical Research Facility (GRF) Refrigeration Component Supply

USACRREL

72 LYME ROAD, HANOVER, NH

1. GENERAL

A. The Contractor shall furnish a total of 20 refrigeration tons (RT) or greater of refrigeration capacity in two chiller-compressor units mounted on a single wheeled carriage for interface with a 24-foot gauge rail system at the Geophysical Research Facility. This system shall comprise two compressors for redundancy, powering three low-profile Air Handler Units (AHUs) each which shall be installed within the GRF roof with piping connecting them to the wheeled carriage. This system shall be provided with all pumps, valves, and piping required to operate with all equipment delivered to the US Army Corps of Engineers Cold Regions Research and Engineering Laboratory (CRREL) for installation at the GRF.. The refrigeration equipment to be replaced includes a current 10-ton chiller-compressor set and AHU. Contractor will remove abandoned-in-place air ducts required for successful installation.

B. Overview: The replacement refrigeration equipment shall comprise two (2) 20 to 25-horsepower compressors each redundantly linked to three AHUs mounted internally within the rolling roof carriage of the GRF. This test vehicle is used to grow ice in the GRF and then is moved out of the way for testing. The AHUs shall be powered off of the compressors and each compressor shall not exceed a 60A service on 480 V supply with 80A breakers including the attached air handler units.

Proposals in which the AHUs are separately powered will not be considered. The equipment shall be mobile on the 24-foot gauge rail system at the GRF and require only a single 480V supply connection from an existing 225A 480V service. CRREL is responsible for the electrical hookup up to the quick disconnect for the power supply from the fixed installation to the carriage where the vendor’s equipment is to be installed. Installation shall include welding the carriage to the GRF movable roof and mounting of the AHUs and supply piping and wiring into the GRF movable roof.

C. Regulatory Compliance: The equipment delivered shall comply with the requirements of all Federal, State and local codes.

2. SUPPLIES

A. Refrigeration System Equipment: The Contractor shall provide two (2) chiller-compressor units each linked to three (3) AHUs. AHUs must be configured to draw power from the Chiller-compressor units so that there are only two connections to the 480V supply. AHUs will be mounted inside the GRF roof carriage and the chiller-compressors will be mounted on their own metal framed carriage, with the two connected by wiring and refrigeration piping.

(1) Chiller/Compressor Units – The units shall be air cooled and be equipped to run in low outside temperature environments, -20 ℉ OAT, and high outside temperature environments, up to 75 ℉ OAT with 85% humidity. Units shall be equipped with a micro-processor control panel with electronic user interface. The Contractor shall submit the product data and manufacturers specifications of their proposed chiller units that meet or exceed these specifications. Unit Specification:

a. There shall be two units of equal specifications

b. The refrigerant specified for the chiller-compressor sets may not be R22 or R134a.

c. Any refrigerant except for R22 and R134a may be specified.

d. The carriage-mounted unit system shall be fitted with any required pumps, valves and heat exchangers for operation as a single integrated system. Specifications in submittal shall demonstrate this relationship.

e. Meets the following itemized requirements:

20 – 25 horsepower compressor AHUs powered off of the chiller-compressor units.

3 x AHUs per compressor.

¾ horsepower fan motors or better.

Peak electrical draw of 60A per unit, 125A total Peak breaker limits of 80A per unit, 165A total Electrical defrost at or above 5400 W.

Defrost and compressors wired on same circuit with protect controls to prevent simultaneous activation.

Each compressor/chiller unit shall be capable of independently defrosting its AHUs while the other compressor/chiller and its AHUs continues to cool the GRF.

Conform to National and NH code i.e. ASME pressure Vessel , Electrical Code, etc

(2) Product Data: three (3) Copies of written product data, manufacturers’ specifications, and operating procedures shall be provided with delivery. Electronic copies, if available, shall also be provided to the COR.

(3) Safety Data Sheets (SDS): SDS sheets for cleaners or lubrication or any other materials intended for use on this contract.

(4) Operational Performance Requirements – The compressors must supply a combined total of 240,000 BTU/hr at 0 degrees F suction temp and 90,000 BTU/hr at -40 degrees F suction temp and they must be capable of the range of 0 to -40 degrees F suction temperature at five degree increments for set-points. Both units should be identical, so that capacity is split between the two units evenly.

3. INSTALLATION

(1) Location –The final installation work shall be performed within the Geophysical Research Facility at 72 Lyme Road, Hanover, NH 03755. This is an open air facility with a confined space roof into which the AHUs and their supply/return pipes and electrical feeds must be fed.

(2) Assembly – system should be assembled on carriage frame and tested by the vendor off-site before delivery and rigging to ERDC-Hanover at 72 Lyme Road, Hanover, NH 03755. Vendor must indicate capability to perform off-site assembly and testing. All assembly welding for the frame must be performed by a certified welder.

(3) Rigging – system to be delivered to 72 Lyme Road, Hanover, NH 03755. Vendor to provide rigging of carriage onto the tracks of the GRF. Installation should not involve exposing components to the elements which in the final configuration of the system are enclosed.

(4) Installation -- mounting of AHUs, and final interconnects and testing of AHUs after carriage rigging completed.

a. AHUs: The AHUs must be mounted to the wood-and-steel frame GRF to supply cold air through ducting to the surface of the ice sheet. They must be supplied with electrical and piping interconnections to the refrigeration compressor carriage sized to allow the AHUs to operate off the chiller-compressor units with supply of both power and refrigerant as well as return lines as specified in the product cut sheets.

b. Chiller-Compressor sets: The refrigeration chiller-compressor carriage should be permanently welded to the GRF frame. The chiller-compressors must be tested for continual functionality after final rigging.

c. Final installation testing: The entire system must be turned on and run with a thermometer test to confirm air leaving the AHUs at -20 ℉ or better for acceptance.

d. Electrical: A single 480V quick disconnect to power the entire system must be arranged for the chiller-compressor carriage. Government will arrange the supply of power to this quick disconnect. All internal wiring work in the carriage must be complete before delivery. Internal wiring work in the GRF roof to the AHUs must be completed according to NFPA 70 (NEC) 2017 Edition.

e. Insulation: All refrigeration lines must be provided with Dow/Polyguard ZeroPerm insulation system, or an equivalent or better insulation.

(5) Demolition – Demolition is limited to the roof-mounted air ducting required for successful installation of the new system. Ducting should be disposed of by vendor at conclusion of work.

4. KEY EVALUATION AND PERFORMANCE METRICS

Specifications Threshold (Minimum Mandatory)

Unit Refrigeration Specification (Capacity)

240,000 BTU/hr at 0 degrees F suction temperature, 90,000 BTU/hr at -40 degrees F suction temp.

Refrigerant specification No R22 or R134a acceptable Air cooled The unit must rely on an internal air cooling system and not require any external source of cooling water.

Compressor power 20 horsepower compressor rating Air handlers Three per compressor Evaporator rating The evaporator temperature rating must be at least -40 ℉ Exterior Operation The entire chiller/compressor set and all ancillary equipment must be designed to operate outside at -20 ℉ OAT to 75 ℉ OAT with 85% humidity

Fan motors At least 3/4th horsepower each Peak electric draw Should not exceed 165 A.

Electrical configuration Air handler units internally powered off of compressors.

Defrost Electric, 5000-5400 W range Defrost control Each of two compressors defrosts independently.

Frame design Matches 24-foot gauge space between rails.

Delivery timetable System must be installed and functional as designed at the GRF by 1 November

5. VENDOR CERTIFICATIONS REQUIRED

A. Disciplines: Contractor shall provide proof of licensure and certifications for each employee working on the CRREL campus at the post-award conference. If additional employees arrive after the post-award conference, proof of licensure and certifications of those new employees must be given to the COR before they are allowed to work.

(1) HVAC&R Technicians – Contractor personnel performing the installation of the refrigeration equipment shall have an HVAC&R Technicians license. It shall be provided either from a reciprocal state, NATE, or other equivalent recognized certification.

(2) Electrical – Contractor personnel accessing panels shall have NFPA 70E Compliance, Arc Flash Safety training.

(3) Equipment – Startup training for equipment shall be performed IAW manufacturer specifications in order to maintain warranties. Additional manufacturer’s training for specific equipment may be required to perform start-up operations in order to maintain warranties.

6. POST AWARD CONFERENCE

A. Overview: Contractor shall attend a post award conference that will be arranged by the COR.

B. Purpose: The purpose of the conference is to allow review of all documents to verify the proposed assembly configuration.

C. Requirements: Contractor POC must be present and shall bring with them to the conference manufacturer’s data for all of the equipment.

7. SCHEDULING

A. Overview: The Government has an objective that the vendor is able to schedule procurement, delivery, and installation of the system with all work completed by 1-Nov-2019. Installation with full operational status must be complete no later than 1-Nov-2019. Procurement of ordered components shall not commence until the work schedule has been approved. Once approved, the schedule shall be strictly followed. No changes can be made by the Contractor to the equipment list agreed to at the post award conference, without prior approval of the Contracting Officer (KO) in writing.

8. SAFETY

A. Overview: This contract is subject to the requirements of and shall be in accordance with EM 385-1-

1, U. S. Army Corps of Engineers Safety and Health Requirements Manual, OSHA 29CFR 1910 regulations covering personnel protective equipment, the CRREL Safety Office, and to any other local, state, and federal regulations that apply to the job. All Contractor personnel shall maintain safe practices and procedures at all times while on the CRREL site. Materials or products which are toxic, hazardous, or otherwise pose a health risk to any personnel shall not be used.

B. Accident Prevention Plan (APP): Contractor shall submit to the COR for approval an Accident Prevention Plan (APP) which complies with EM 385-1-1 Safety and Health Requirements Manual at the post award conference. The APP must be approved by the Government before work commences on site. Minimum requirements for an APP are included in Section 17 APP Outline. Before the start of the job, the Contractor shall ensure that the APP is provided to and reviewed by each Contractor employee who will work on site.

C. Personal Protective Equipment (PPE): Contractor personnel performing work on site shall comply with EM 385-1-1 and OSHA PPE standards for protective equipment. Each specific job will be assessed and the appropriate PPE shall be used. Examples include, but are not limited to: Gloves, glasses, hard hat, face shield, steel toed shoes, and Arc Flash clothing. Contractor is required to supply its employees with proper PPE.

D. SDS Sheets: Contractor shall submit as required in section 2 A (6) SDS. NOTE: No products or equipment containing Trichloroethylene (TCE) or exposed to TCE may be used or brought on site.

E. Routes of Egress: The Contractor shall ensure work does not block egress routes in the case of an emergency.

F. Safety Briefing: The CRREL Safety Office or COR will provide a safety briefing that the Contractor shall ensure is reviewed by each Contractor employee before starting job.

G. Fall Protection: Fall protection threshold height is 6 feet. The Contractor shall comply with EM 385-1-1 Safety and Health Requirements Manual when accessing work areas at or above that threshold. OSHA Fall Protection Training for Competent Person is acceptable.

H. Equipment: Contractor equipment used to access work areas (i.e. ladders, lifts, cranes) shall be current with manufacturer’s safety inspections and certificates. Inspection certificates must accompany any equipment used on site. Equipment shall be made available for inspection by the COR prior to start of work on site.

I. Barriers/Barricades and Signage: The Contractor shall provide barriers or barricades and signage as necessary to ensure unauthorized pedestrian or vehicle traffic cannot enter into work areas until safe to do so.

J. Portable Extension Cords: If it is necessary to use portable extension cords, they shall be sized in accordance with manufacturer ratings for the tool to be powered and protected from damage.

Portable extension cords shall be GFCI and shall meet the requirements of NPPA 70E and OSHA electrical standards.

K. Asbestos: If the Contractor encounters any material that could contain asbestos, they shall immediately report finding to COR. The material shall not be disturbed until it has been investigated and identified.

9. SECURITY

A. Overview: All Contractor personnel are required to follow all security regulations as directed by the

CRREL Security Office, as written in this Work Statement, and as otherwise specified at the post award conference. General disruption by the Contractor is limited to the immediate work site. The Contractor is strictly responsible for the security of all products, materials, tools, and equipment used during the duration of this job.

B. United States Citizenship: All Contractor employees entering on to the CRREL site must be U.S.

citizens.

C. Identification: All Contractor employees must have a positive picture I.D. (such as a valid picture driver’s license) to enter on to the site and must be prepared to show it at any time. The Security Office may require each Contractor employee to wear a badge issued by the Security Office and also to sign in and out when entering and leaving the work site. The Contractor is responsible for all badges issued to his employees and shall ensure they are returned to the Security Office upon completion of the work, when leaving the site, or when otherwise directed.

D. Weapons: Weapons of any kind are prohibited on the CRREL site.

E. Access and General Protection/Security Policy and Procedures: The Contractor and all associated subcontractors’ employees shall comply with applicable installation, access and local security policies and procedures. Policies and procedures will be provided by the local Security Office. The Contractor workforce must comply with all personal identity verification requirements as directed by DoD, HQDA, and local policies. 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.

F. iWATCH Training: The Contractor and all associated subcontractors shall brief all employees on the USACE iWATCH program. This locally developed training will be used to inform employees of the types of behavior to watch for and instruct employees to report suspicious activity to the COR. This training shall be completed within 45 calendar days of contract award and within 45 days of new employees commencing performance on the contract. The Contractor shall provide certification of completion to the COR within 10 days of training completion. Training documents will be provided by the Security Office.

G. Personal Security Screening: The Contractor shall pre-screen candidates using the E-Verify Program. The Contractor must pre-screen Candidates using the E-verify Program (http://www.uscis.gov/e-verify) website to meet the established employment eligibility requirements.

The Vendor must ensure that the Candidate has two valid forms of Government issued identification prior to enrollment to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible Candidates must be provided to the COR no later than 3 business days after the initial contract award. Security clearances for personnel entering the installation are not required.

H. Vehicles: Contractor personnel shall wear seatbelts at all times when driving on CRREL premises.

Contractors shall obey a speed limit of 10 mph. No weapons are allowed within a vehicle on site.

10. SMOKING POLICY

A. Smoking shall comply with the CRREL Smoking Policy, which, in general, prohibits smoking on site except in a designated smoking area. Designated smoking areas will be discussed at the post award conference.

11. GOVERNMENT FURNISHED UTILITIES

A. The Government will furnish to the Contractor, in reasonable quantities, water and electricity in order to successfully complete this contract. Contractor may use the sanitary facilities in the FERF.

12. CONTROL OF WASTE

A. During performance of all work on site, Contractor shall control waste and debris to ensure that it stays within the work area.

13. TOOLS AND EQUIPMENT

A. Tools and equipment used under this contract shall be maintained in good condition and shall be used and stored using safe practices and procedures at all times in accordance with manufacturer’s instructions and recommendations. Tools and equipment shall be restricted to the immediate work area unless alternate arrangements are requested and approved through the COR. GFCI protection is required for portable tools and portable extension cords.

14. DAMAGE TO WORK OR SITE

A. Installation of new materials shall not cause any damage to surrounding areas or items. Contractor shall repair, at its own expense, all damages that occur to new work, the work areas, or any surrounding areas or items if damages are caused as a result of the performance of Contractor work under this contract. All repairs shall be done as directed by the Government.

15. CONTRACTOR INSRUCTIONS

A. Contractor is hereby notified that NO Government employee (e.g., CRREL, DPW, etc.) has the authority to direct Contractor personnel or in any way alter their contractual obligations, except for the KO. If the Government does desire to alter requirements, changes will be issued via modification and signed by the KO. Contractor’s employees shall take no action on any change unless and until the Contractor POC receives such a contract modification.

16. INSPECTION AND JOB COMPLETION

A. Overview: This contract is subject to routine Government inspections throughout the performance of

Contractor work and a final Government inspection upon completion of each job.

B. Inspections: Routine Government inspections will, among other things, help ensure continuous quality assurance and more quickly identify defects. Contractor shall repair defects as directed by the Government at Contractor’s own expense.

C. Job Completion: Upon Contractor completion of the job, the Government will make a final inspection to confirm the following:

(1) All defects have been corrected as directed.

(2) All work has been completed.

(3) All work areas are left clean.

(4) All badges issued to Contractor employees have been returned to the CRREL Security Office.

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 Destination Government Destination Government

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 01-NOV-2019 1 PR W2R2 COLD RGNS RSCH ENG LAB

ENGINEERING RESOURCE BR

72 LYME ROAD

HANOVER NH 03755-1290

603-646-4458

W14GQK

0002 POP 22-JUL-2019 TO

01-NOV-2019

N/A (SAME AS PREVIOUS LOCATION)

W14GQK

CLAUSES INCORPORATED BY REFERENCE

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

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 fixed price line items—

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

Invoice only (stand-alone)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC ____

Issue By DoDAAC ____

Admin DoDAAC** ____

Inspect By DoDAAC ____

Ship To Code ____

Ship From Code ____To be provided upon contract award

Mark For Code ____

Service Approver (DoDAAC) ____

Service Acceptor (DoDAAC) ____

Accept at Other DoDAAC ____

LPO DoDAAC ____

DCAA Auditor DoDAAC ____

Other DoDAAC(s) ____

(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.

To be provided upon contract award.

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

(End of clause)

Section I - Contract Clauses

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-10 Waste Reduction Program MAY 2011 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.223-20 Aerosols JUN 2016 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

OCT 2016

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

MAY 2016

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 252.225-7048 Export-Controlled Items JUN 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.247-7023 Transportation of Supplies by Sea FEB 2019

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

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

X (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women- Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (Feb 1999) of 52.222-26.

____ (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

X (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

____ (ii) Alternate I (July 2014) of 52.222-36.

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

X (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

____ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

____ (ii) Alternate I (JAN 2017) of 52.224-3.

(46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

X (47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (48) 52.225-5, Trade Agreements (AUG 2018) 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

____ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

____ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150

____ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.

5150).

____ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

____ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Oct 2018) (31 U.S.C.

3332).

____ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July 2013) (31 U.S.C. 3332).

____ (57) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

____ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

____ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).

____ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.

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

____ (ii) Alternate I (Apr 2003) of 52.247-64.

____ (iii) Alternate II (Feb 2006) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

_____ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

_____ (2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

_____ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

_____ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

_____ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (MAY 2014) (41 U.S.C. chapter 67).

_____(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015) (E.O. 13658).

_____ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

_____ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(v) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(vii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018), (41 U.S.C. chapter 67).

(xiii) X (A) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

_____ (B) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter

67.)

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xvii)52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xviii) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016)

(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.

2302 Note).

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C.

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C.

Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause

52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

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

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

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

Material Identification No.

(If none, insert "None")

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

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

Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.

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

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

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

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

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

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

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

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

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

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

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference,…