see schedule - reverseauctions.gsa.gov schedule 14. method of solicitation ifb rfp code ......
TRANSCRIPT
NAVSUP FLC BAHRAIN CODE 200
SHORE SUPPORT DIVISION
PSC 851, BOX 430
FPO AE 09834-0005
1785-4186
1785-4416
UNDER DPAS (15 CFR 700)
11. DELIVERY FOR FOB
RFQ
SEE SCHEDULE
14. METHOD OF SOLICITATION
IFB RFP
CODE
SEE ADDENDUM
BLOCK IS MARKED
DESTINATION UNLESS
12. DISCOUNT TERMS
(No Collect Calls)
13b. RATING
13a. THIS CONTRACT IS A RATED ORDER
X
CODE
N49400-15-T-B323
b. TELEPHONE NUMBER
971-1785-4671
8. OFFER DUE DATE/LOCAL TIME
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV 3/2005)
Prescribed by GSA
FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY
CODE 10. THIS ACQUISITION IS
UNRESTRICTED
FAX: NAICS:
TEL:
CODE 18a. PAYMENT WILL BE MADE BYOFFEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
N49400
SIZE STD:
9. ISSUED BY
FACILITY
CODE
17a.CONTRACTOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO CODE N67562 16. ADMINISTERED BYFRDMC
ITC(SW/IDW) TROY STOUTE
NSA 2 BLDG 761
BAHRAIN
TEL: 011-973-36495586 FAX:
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
CHANTEL D. RUTLAND
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
027a. 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
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
SB
HUBZONE SB
SET ASIDE: % FOR
PAGE 1 OF 59
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMSN6756215RCBA352
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
TEL: EMAIL:
2 COPIES
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
.OFFER DATED YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
X
8(A)
SVC-DISABLED VET-OWNED SB
EMERGING SB
X
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
SEE SCHEDULE
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT
PAGE 2 OF
23. UNIT PRICE
59
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 3/2005) BACK
Prescribed by GSA
FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
N49400-15-T-B323
Page 3 of 58
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 50 Each COMPUTER MONITORS
FFP
THE CONTRACTOR SHALL PROVIDE COMPUTER MONITORS IN
ACCORDANCE WITH THE ATTACHED SPECIFICATIONS.
FOB: Destination
MILSTRIP: N6756215RCBA352
PURCHASE REQUEST NUMBER: N6756215RCBA352
NET AMT
MINIMUM SPECIFICATIONS
Monitor Specifications:
HD 1600 x 900 resolution at 60Hz
TN Panel with LED backlighting
5ms response time
80% color gamut
VGA ports
DVI-D ports
Audio ports
Tilt functionality
Anti-Glare Panel
Dynamic Contrast Ratio: 10,000,000:1(3)
Brightness: . 200 nits
Pixel Pitch
. 0.277mm
. 91.8 pixels per inch
INVOICING INSTRUCTIONS
INVOICING INSTRUCTIONS
PAYMENT WILL BE MADE IN ACCORDANCE WITH FAR 52.212-4(i). NO ADVANCE PAYMENTS WILL
BE MADE UNDER THIS CONTRACT. PARTIAL PAYMENTS ARE AUTHORIZED AGAINST THE
INVOICE. THE INVOICE MAY BE SUBMITTED UPON EXPIRATION OF THE APPLICABLE PERIOD OF
PERFORMANCE.
PAYMENT INFORMATION
PAYMENT WILL BE AUTHORIZED UPON CONFIRMATION FROM THE TECHNICAL POINT OF
CONTACT (TPOC) OF ACCEPTANCE OF SERVICES AS CONFIRMED WITH THE USS ALBUQUERQUE
SUPPLY OFFICER. PAYMENT WILL BE MADE BY THE COMMERCIAL BILL PAY OFFICE AFTER
RECEIPT OF A COMPLETE INVOICE AND ACCEPTANCE CONFIRMED BY THE TPOC.
INVOICING AND PAYMENT POINT OF CONTACT INFORMATION
N49400-15-T-B323
Page 4 of 58
POC: MS. HAZEL GORDE
PHONE: 0973-1785-4487
E-MAIL: [email protected]
POC: MS. LUCY MAY BROOKS
PHONE: 0973-1785-3257
E-MAIL: [email protected]
POC: MS. ELIZABETH A. SANTOS
PHONE: 0973-1785-4364
E-MAIL: [email protected]
PLEASE MAIL ORIGINAL INVOICE TO:
NAVSUP FLC BAHRAIN – CODE 200
ATTN: INVOICE RECEIVING
PSC 851 BOX 430
FPO AE 09834-0005
FAX : 0973-1785-4416
DO NOT UTILIZE THE WIDE AREA WORKFLOW (WAWF). NAVSUP FLC BAHRAIN DOES NOT HAVE
THE CAPABILITY TO PROCESS INVOICES THROUGH WAWF. PLEASE ENSURE THAT YOU INCLUDE
IN YOUR INVOICE ALL OF THE INFORMATION CONTAINED IN FAR 52.212-4(g).
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
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 30 dys. ADC 50 FRDMC
ITC(SW/IDW) TROY STOUTE
NSA 2 BLDG 761
BAHRAIN
011-973-36495586
FOB: Destination
N67562
N49400-15-T-B323
Page 5 of 58
CLAUSES INCORPORATED BY REFERENCE
52.203-13 Contractor Code of Business Ethics and Conduct APR 2010
52.225-14 Inconsistency Between English Version And Translation Of
Contract
FEB 2000
52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation
and Certifications.
DEC 2012
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.247-34 F.O.B. Destination NOV 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
AUG 2015
252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014
252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997
252.225-7041 Correspondence in English JUN 1997
252.225-7042 Authorization to Perform APR 2003
252.225-7048 Export-Controlled Items JUN 2013
252.229-7000 Invoices Exclusive of Taxes or Duties JUN 1997
252.232-7008 Assignment of Claims (Overseas) JUN 1997
252.232-7010 Levies on Contract Payments DEC 2006
252.233-7001 Choice of Law (Overseas) JUN 1997
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.247-7023 Alt I Transportation of Supplies by Sea (APR 2014) Alternate I APR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.204-7 SYSTEM FOR AWARD MANAGEMENT (JULY 2013)
(a) Definitions. As used in this provision--
Data Universal Numbering System (DUNS) number means the 9-digit number assigned by Dun and Bradstreet, Inc.
(D&B) to identify unique business entities.
Data Universal Numbering System +4 (DUNS+4) number means the DUNS number assigned by D&B plus a 4-
character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.)
This 4-character suffix may be assigned at the discretion of the business concern to establish additional System for
Award Management records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at
Subpart 32.11) for the same parent concern.
Registered in the System for Award Management SAM database means that--
N49400-15-T-B323
Page 6 of 58
(1) The offeror has entered all mandatory information, including the DUNS number or the DUNS+4 number, the
Contractor and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability
and Transparency Act of 2006 (see Subpart 4.14) into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact
sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification
Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to
provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be
registered in the SAM database prior to award, during performance, and through final payment of any contract, basic
agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation
“DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address
exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is
registered in the SAM database.
(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.
(1) An offeror may obtain a DUNS number--
(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have internet access, it may call Dun
and Bradstreet at 1-866-705-5711 if located within the United States; or
(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should
indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.
(2) The offeror should be prepared to provide the following information:
(i) Company legal business.
(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(iii) Company Physical Street Address, City, State, and Zip Code.
(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).
(v) Company Telephone Number.
(vi) Date the company was started.
(vii) Number of employees at your location.
(viii) Chief executive officer/key manager.
(ix) Line of business (industry).
(x) Company Headquarters name and address (reporting relationship within your entity).
N49400-15-T-B323
Page 7 of 58
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer,
the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors
who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov.
(End of clause)
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (APR 2014)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS
code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF
1449). However, the small business size standard for a concern which submits an offer in its own name, but which
proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the
exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as
otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the
requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those
representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts
for the same or similar items and other references (including contract numbers, points of contact with telephone
numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all
terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or
information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from
the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
N49400-15-T-B323
Page 8 of 58
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time
specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no
expense to the Government, and returned at the sender's request and expense, unless they are destroyed during
preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or
commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated
separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the
Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the
solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers
or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in
the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is
received before award is made, the Contracting Officer determines that accepting the late offer would not unduly
delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the
initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date
specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for
receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the
Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp
of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral
testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received
at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent
Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date,
the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the
solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers,
offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to
the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an
offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person
requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a
contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms
from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later
determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is
N49400-15-T-B323
Page 9 of 58
in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers
received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies
the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for
quantities less than those specified. The Government reserves the right to make an award on any item for a quantity
less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications,
Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and
commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA
Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC
20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this
solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may
be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional
copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST
websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point
(DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation,
publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,000, and offers of
$3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management
(SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the
annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name
and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of
the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts
(see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling
1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States
must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror
for a Government contract when contacting the local Dun and Bradstreet office.
N49400-15-T-B323
Page 10 of 58
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer,
the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior
to award, during performance and through final payment of any contract resulting from this
solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting
Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors
may obtain information on registration and annual confirmation requirements via the SAM
database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following
information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past
performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection
procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the
agency.
ADDENDUM TO FAR 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS
Paragraph (b) “Submission of offers” of 52.212-1 “Instructions to Offerors—Commerical Items” is revised to read as
follows:
Offerors must submit a proposal that is legible and comprehensive enough to provide the basis for a sound evaluation
by the Government. Offers submitted in response to this solicitation shall be in the English language. Offers
received in other than English will be rejected. Any offer, which does not propose as a minimum, that which is
requested in this solicitation, may be determined to be substantially incomplete and not warrant any further
consideration.
Offerors may request clarification of any specification or contract term. No verbal requests for information will be
accepted by the Contracting Officer or his Technical Representative. Offeror's questions must be submitted to the
Contract Specialist in writing via email: [email protected].
Proposal for solicitation number N49400-15-T-B323 is "ALL or NONE" as partial quote of selected work items will
be considered non-responsive.
THE OFFEROR SHALL SUBMIT THE FOLLOWING:
OFFERS (PROPOSALS): The offeror agrees to hold the prices in its offer firm for 30 calendar days from the
date specified for receipt of offers.
Completed solicitation shall be submitted via email to the following:
NAVSUP FLC BAHRAIN CODE 200
N49400-15-T-B323
Page 11 of 58
ATTN: CHANTEL RUTLAND
NSA, US NAVAL BASE JUFFAIR
PO BOX 116, KINGDOM OF BAHRAIN
TEL NO. 973- 1785-4671
FAX NO. 973-1785-4416
Email: [email protected].
As stated, in block 8 on page one (1) of the solicitation; offers are due at 10:00 AM (Bahrain local time) on
25 September 2015.
Offers/Proposals must consist of and must include:
a) STANDARD FORM 1449, "Solicitation/Contract/Order for Commercial Items” with blocks 12, 17a, 30a,
30b, and 30c completed by the offeror.
b) SECTION SF 1449, “CONTINUATION SHEET” with the offeror's proposed contract line item prices
inserted in the appropriate spaces for contract line item number (CLIN) and the extended amount. ALL
PRICES MUST BE IN US DOLLARS ($USD). For fixed price line items, the price stated shall be fully
burdened and include all applicable subcontractor costs, contractor overhead, profit, etc. If there are no
charges for the particular item enter “NO CHARGE” or USD 0.000. There must be an entry for each item, if
item prices are left blank, the offer may be determined to be incomplete and excluded from consideration for
award. Offerors may include a separate sheet identifying a breakdown of their quoted firm fixed price to
include subcontractor costs, contractor overhead, profit, etc. but it is not mandatory to provide this
information except in the event only one response is received. Offerors are instructed to submit one (1) copy
each of their price proposal.
c) Contractor Certification Statement: Offeror must self-certify in a written statement that they (or their
subcontractor) have authorization to provide the services contained within the Performance Work Statement
at the location listed in order to perform in accordance with the schedule. The self-certifying statement must
be included with the submission either on offer/vendor letterhead or within the body of the email in which the
vendor is providing the solicitation response.
d) FAR Provision 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL
ITEMS (MAR 2015) ALTERNATE I (OCT 2014): Must be completed by the offeror.
e) DFARS Clause 252.209-7992 “REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID
DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW –
FISCAL YEAR 2015 APPROPRIATIONS (DEVIATION 2015-OO0005) (DEC 2014)”: Must be completed
by the offeror.
f) DFARS Clause 252.229-7001 TAX RELIEF (SEPT 2014): Must be completed by the offeror.
(End of provision)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
N49400-15-T-B323
Page 12 of 58
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer,
conforming to the solicitation, will be most advantageous to the Government, price and other factors considered. The
following factors shall be used to evaluate offers:
a. Price
b. Technical Acceptability
This award will be made to the responsible offeror whose price is the lowest price technically acceptable.
Award will be made on the basis of the lowest evaluated price of proposals that are evaluated to be technically
acceptable. The offeror whose proposal meets these evaluation factors shall be considered for award.
A) PRICE EVALUATION
The offeror’s price proposal will be evaluated for completeness and reasonableness, as defined below:
1. Completeness: All price information/data required in the RFQ has been submitted in accordance with the
solicitation pricing instructions. The CLIN prices proposed on the pricing schedule shall correspond to the associated
Contract Schedule CLIN prices. Any discrepancy on the proposed Contract Schedule CLIN prices will be corrected
and the Contract Schedule CLIN prices will be adjusted accordingly by the Government.
2. Reasonableness: Evaluated price is fully justified and supported and is considered fair under current
market conditions, reasonable to the vendor and reasonable to the Government. The Government may use various
price analysis techniques and procedures outlined in FAR 13.106-3(a) to conduct this evaluation. An offer may be
rejected if the contracting officer determines that the lack of balance poses an unacceptable risk to the Government.
Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line
items is significantly over or understated as indicated by the application of cost or price analysis techniques.
B) TECHNICAL ACCEPTABILITY
Technically acceptable is defined as those offerors that submit a quotation that is consistent with the terms and
conditions of the solicitation.
Technical acceptability will be determined on an acceptable/unacceptable basis. In order to receive a technical
acceptability determination of "acceptable" an offeror must manifest its assent, without exception or imposition of
conditions, to the terms and conditions of the solicitation, including any attachments or clauses or terms incorporated
by reference.
TECHNICALLY ACCEPTABLE RATING TABLE
Rating Description
Acceptable Proposal clearly meets the minimum requirements of the solicitation.
Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation.
CONTRACTOR RESPONSIBILITY
To be eligible for award of a contract hereunder, an offeror must be determined by the Contracting Officer to be a
responsible prospective vendor. To be determined responsible, an offeror must:
1) Have adequate financial resources to perform the contract, or the ability to obtain them;
2) Be able to comply with the required or proposed delivery or performance schedule, taking into
consideration all existing commercial and governmental business commitments;
3) Have a satisfactory performance record;
4) Have a satisfactory record of integrity and business ethics;
5) Have the necessary organization, experience, accounting and operational controls, and technical skills, or
the ability to obtain them (including, as appropriate, such elements as production control procedures,
N49400-15-T-B323
Page 13 of 58
property control systems, quality assurance measures, and safety programs applicable to materials to be
produced or services to be performed by the prospective contractor an subcontractors);
6) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain
them;
7) Be otherwise qualified and eligible to receive an award under applicable laws and regulations, and
8) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful vendor
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, the Government may accept an offer (or part of an offer), whether or not
there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
AWARD
Award will be made on the basis of the lowest evaluated price of proposals that are evaluated to be technically
acceptable. The offeror whose proposal meets the stated evaluation factors shall be considered for award. In order to
be considered eligible for award, there must be an acceptable rating in each non-price factor, specifically, technical
acceptability. Offers will not be ranked using the non-price factors.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the
total price for the basic requirement. The Government may determine that an offer is unacceptable if the option
prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the
option(s).
(c) 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, the Government may accept an offer (or part of an offer), whether or not
there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (MAR 2015)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual
representations and certification electronically via the System for Award Management (SAM) Web site accessed
through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications
electronically, the Offeror shall complete only paragraphs (c) through (p) of this provision.
(a) Definitions. As used in this provision --
“Economically disadvantaged women-owned small business (EDWOSB) Concern” means a small business concern
that is at least 51 percent directly and unconditionally owned by, and the management and daily
business operations of which are controlled by, one or more women who are citizens of the United States and who
are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned
small business eligible under the WOSB Program.
"Forced or indentured child labor" means all work or service-
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for
which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be
accomplished by process or penalties.
N49400-15-T-B323
Page 14 of 58
Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or
controls one or more entities that control an immediate owner of the offeror. No entity
owns or exercises control of the highest level owner.
Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control
include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of
interests among family members, shared facilities and equipment, and the common use of employees.
Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic
corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except--
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
N49400-15-T-B323
Page 15 of 58
Place of manufacture means the place where an end product is assembled out of components, or otherwise made or
processed from raw materials into the finished product that is to be provided to the Government. If a product is
disassembled and reassembled, the place of reassembly is not the place of manufacture.
Restricted business operations means business operations in Sudan that include power production activities, mineral
extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the
Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include
business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment
Act of 2007) conducting the business can demonstrate--
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of
the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such
authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian
organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology--
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used
specifically--
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the
authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act
(50 U.S.C. 1702(b)(3)).
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
N49400-15-T-B323
Page 16 of 58
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any
publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled
veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans
or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver
of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-
connected, as defined in 38 U.S.C. 101(16).
"Small business concern" means a concern, including its affiliates, that is independently owned and operated, not
dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business
under the criteria in 13 CFR Part 121 and size standards in this solicitation.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the
size standard applicable to the acquisition, that--
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by--
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined
at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into
account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by
individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
Subsidiary means an entity in which more than 50 percent of the entity is owned--
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
Veteran-owned small business concern means a small business concern--
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the
case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more
veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
"Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in
the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women;
and whose management and daily business operations are controlled by one or more women.
"Women-owned small business concern" means a small business concern--
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least
51 percent of its stock is owned by one or more women; or
(2) Whose management and daily business operations are controlled by one or more women.
N49400-15-T-B323
Page 17 of 58
Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part
127)”, means a small business concern that is at least 51 percent directly and unconditionally owned by, and the
management and daily business operations of which are controlled by, one or more women who are citizens of the
United States.
(b) (1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this
provision do not automatically change the representations and certifications posted electronically on the SAM
website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website
accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by
submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3,
Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months,
are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to
the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by
reference (see FAR 4.1201), except for paragraphs ___ .
[Offeror to identify the applicable paragraphs at (c) through (p) of this provision that the offeror has completed for
the purposes of this solicitation only, if any.) These amended representation(s) and/or certification(s) are also
incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided
by the offeror are applicable to this solicitation only, and do not result in an update to the representations and
certifications posted electronically on ORCA.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United
States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is not a small
business concern.
(2) Veteran-owned small business concern. (Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.) The offeror represents as part of its offer that it ( ___ ) is, ( ___ ) is
not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. (Complete only if the offeror represented itself as a
veteran-owned small business concern in paragraph (c)(2) of this provision.) The offeror represents as part of its
offer that it ( ___ ) is, ( ___ ) is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. (Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a small
disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. (Complete only if the offeror represented itself as a small business
concern in paragraph (c)(1) of this provision.) The offeror represents that it ( ___ ) is, ( ___ ) is not a women-
owned small business concern.
Note to paragraphs (c)(8) and (9): Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to
exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-
owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that--
(i) It [ ___ ] is, [ ___ ] is not a WOSB concern eligible under the WOSB Program, has provided all the required
documents to the WOSB Repository, and no change in circumstances or adverse decisions have
been issued that affects its eligibility; and
N49400-15-T-B323
Page 18 of 58
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the
representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB
Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible
under the WOSB Program and other small businesses that are participating in the joint venture: ___ .] Each WOSB
concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of
the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror
represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror
represents that--
(i) It [ ___ ] is, [ ___ ] is not an EDWOSB concern, has provided all the required documents to the WOSB
Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [ ___ ] is, [ ___ ] is not a joint venture that complies with the requirements of 13 CFR part 127, and the
representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the
joint venture. [The offeror shall enter the name or names of the EDWOSB concern and
other small businesses that are participating in the joint venture: ___ -.] Each EDWOSB concern participating in the
joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). (Complete only if the offeror is a women-
owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this
provision.) The offeror represents that it ( ___ ) is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may
identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror
or first-tier subcontractors) amount to more than 50 percent of the contract price:
___
(10) HUBZone small business concern. (Complete only if the offeror represented itself as a small business concern
in paragraph (c)(1) of this provision.) The offeror represents, as part of its offer, that--
(i) It [ ___ ] is, [ ___ ] is not a HUBZone small business concern listed, on the date of this representation, on the
List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no
material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since
it was certified in accordance with 13 CFR Part 126; and
(ii) It [ ___ ] is, [ ___ ] is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126,
and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern
participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small
business concerns participating in the HUBZone joint venture: ___ .] Each HUBZone small business concern
participating in the HUBZone joint venture shall submit a separate
signed copy of the HUBZone representation.
(d) Certifications and representations required to implement provisions of Executive Order 11246--
(1) Previous Contracts and Compliance. The offeror represents that--
(i) It ( ___ ) has, ( ___ ) has not, participated in a previous contract or subcontract subject either to the Equal
Opportunity clause of this solicitation, the and
(ii) It ( ___ ) has, ( ___ ) has not, filed all required compliance reports.
N49400-15-T-B323
Page 19 of 58
(2) Affirmative Action Compliance. The offeror represents that--
(i) It ( ___ ) has developed and has on file, ( ___ ) has not developed and does not have on file, at each
establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR
Subparts 60-1 and 60-2), or
(ii) It ( ___ ) has not previously had contracts subject to the written affirmative action programs requirement of the
rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the
contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge
and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant
contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the
offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL,
Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly
employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy
American --Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic
end product and that for other than COTS items, the offeror has considered components of unknown origin to have
been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those
end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that
is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end
product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,”
“end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy
American--Supplies.”
(2) Foreign End Products:
Line Item No. Country of
Origin
___ ___
___ ___
___ ___
(List as necessary)
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)(1) Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR
52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)
N49400-15-T-B323
Page 20 of 58
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this
provision, is a domestic end product and that for other than COTS items, the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the United States. The terms ``Bahrainian,
Moroccan, Omani, Panamanian, or Peruvian end product,'' ``commercially available off-the-shelf (COTS) item,''
``component,'' ``domestic end product,'' ``end product,'' ``foreign end product,'' ``Free Trade Agreement country,''
``Free Trade Agreement country end product,'' ``Israeli end product,'' and ``United States'' are defined in the clause
of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act.''
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than
Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the
clause of this solicitation entitled ``Buy American--Free Trade Agreements--Israeli Trade Act'':
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian
End Products) or Israeli End Products:
Line Item No. Country of
Origin
___ ___
___ ___
___ ___
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii)
of this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli
Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States
that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the
component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
Line Item No. Country of
Origin
___ ___
___ ___
___ ___
N49400-15-T-B323
Page 21 of 58
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to
the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph
(g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this
solicitation entitled "Buy American -Free Trade Agreements-Israeli Trade Act":
Canadian End Products:
Line Item No.
___
___
___
[List as necessary]
(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II (Jan 2004). If Alternate II to the
clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph
(g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as
defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act":
Canadian or Israeli End Products:
Line Item No. Country of
Origin
___ ___
___ ___
___ ___
[List as necessary]
(4) Buy American--Free Trade Agreements--Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause
at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii)
of the basic provision:
N49400-15-T-B323
Page 22 of 58
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other
than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as
defined in the clause of this solicitation entitled ``Buy American --Free Trade Agreements--Israeli Trade Act'':
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or
Peruvian End Products) or Israeli End Products:
Line Item No. Country of
Origin
___ ___
___ ___
___ ___
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this
solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-
made or designated country end product, as defined in the clause of this solicitation entitled ``Trade Agreements''.
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end
products.
Other End Products:
Line Item No. Country of
Origin
___ ___
___ ___
N49400-15-T-B323
Page 23 of 58
___ ___
[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line
items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated
country end products without regard to the restrictions of the Buy American statute. The Government will consider
for award only offers of U.S.-made or designated country end products unless the Contracting
Officer determines that there are no offers for such products or that the offers for such products are insufficient to
fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is
expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief,
that --
(1) The offeror and/or any of its principals ( ___ ) are, ( ___ ) are not presently debarred, suspended, proposed for
debarment, or declared ineligible for the award of contracts by any Federal agency,
(2) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been convicted of or had a civil
judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal
or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or
receiving stolen property; and
(3) ( ___ ) Are, ( ___ ) are not presently indicted for, or otherwise criminally or civilly charged by a Government
entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) ( ___ ) Have, ( ___ ) have not, within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not
finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the
liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax
liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection
action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to
seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability.
N49400-15-T-B323
Page 24 of 58
Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all
judicial appeal rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been
issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals
contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the
course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no
prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the
taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal
rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making
timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the
taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection
action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The
Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are
included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless
excluded at 22.1503(b).]
(1) Listed end products.
Listed End Product Listed Countriesof Origin
___ ___
___ ___
___ ___
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1)
of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
[ ___ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined,
produced, or manufactured in the corresponding country as listed for that product.
[ ___ ] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined,
produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that it has
made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or
manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies
that it is not aware of any such use of child labor.
N49400-15-T-B323
Page 25 of 58
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of
manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture
of the end products it expects to provide in response to this solicitation is predominantly—
(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured
in the United States exceeds the total anticipated price of offered end products manufactured outside the United
States); or
(2) ( ___ ) Outside the United States.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured
end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end
products it expects to provide in response to this solicitation is predominantly--
(1) ( ___ ) In the United States (Check this box if the total anticipated price of offered end products manufactured
in the United States exceeds the total anticipated price of offered end products manufactured outside the United
States); or
(2) ( ___ ) Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by
the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its
subcontractor if it subcontracts out the exempt services.)
[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
[ ___ ] (1) Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The
offeror ( ___ ) does ( ___ ) does not certify that—
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental
purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial
quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR
22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract
will be the same as that used for these employees and equivalent employees servicing the same equipment of
commercial customers.
[ ___ ] (2) Certain services as described in FAR 22.1003-4(d)(1). The offeror ( ___ ) does ( ___ ) does not
certify that—
(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided
by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in
the course of normal business operations;
N49400-15-T-B323
Page 26 of 58
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices
(see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or
her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20
percent of available hours during the contract period if the contract period is less than a month) servicing the
Government contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract
is the same as that used for these employees and equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies—
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not
attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the
Contracting Officer as soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in
paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this
clause.
(l) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is
required to provide this information to the SAM database to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply
with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041,
6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the
offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment
reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to
verify the accuracy of the offeror's TIN.
(3) Taxpayer Identification Number (TIN).
( ___ ) TIN: --------------------.
( ___ ) TIN has been applied for.
( ___ ) TIN is not required because:
( ___ ) Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income
effectively connected with the conduct of a trade or business in the United States and does not have an office or
place of business or a fiscal paying agent in the United States;
( ___ ) Offeror is an agency or instrumentality of a foreign government;
( ___ ) Offeror is an agency or instrumentality of the Federal Government.
(4) Type of organization.
N49400-15-T-B323
Page 27 of 58
( ___ ) Sole proprietorship;
( ___ ) Partnership;
( ___ ) Corporate entity (not tax-exempt);
( ___ ) Corporate entity (tax-exempt);
( ___ ) Government entity (Federal, State, or local);
( ___ ) Foreign government;
( ___ ) International organization per 26 CFR 1.6049-4;
( ___ ) Other ----------.
(5) Common parent.
( ___ ) Offeror is not owned or controlled by a common parent;
( ___ ) Name and TIN of common parent:
Name - ___ .
TIN - ___ .
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not
conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations—
(1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts
with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the
exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(2) Representation. By submission of its offer, the offeror represents that--
(i) It is not an inverted domestic corporation; and
(ii) It is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at
(2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph
(o)(3) of this provision, by submission of its offer, the offeror--
N49400-15-T-B323
Page 28 of 58
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the
government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of,
the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for
which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any
transaction that exceeds $3,000 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the
property and interests in property of which are blocked pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC's Specially Designated
Nationals and Blocked Persons List at http://www.treasury.gov/ofac/downloads/t11sdn.pdf).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if—
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision);
and
(ii) The offeror has certified that all the offered products to be supplied are designated country end products.
(p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in
SAM or a requirement to have a DUNS Number in the solicitation.
(1) The Offeror represents that it [ ___ ] has or [ ___ ] does not have an immediate owner. If the Offeror has more
than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable,
paragraph (3) of this provision for each participant in the joint venture.
(2) If the Offeror indicates ``has'' in paragraph (p)(1) of this provision, enter the following information:
Immediate owner CAGE code:
___
Immediate owner legal name:
___
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity:
[ ___ ] Yes or [ ___ ] No.
(3) If the Offeror indicates ``yes'' in paragraph (p)(2) of this provision, indicating that the immediate owner is owned
or controlled by another entity, then enter the following information:
Highest-level owner CAGE code:
___
Highest-level owner legal name:
___
(Do not use a ``doing business as'' name)
(End of Provision)
N49400-15-T-B323
Page 29 of 58
52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the
requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have
been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or
reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance
will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate
consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-
acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and
(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the
item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of
performance of this contract to a bank, trust company, or other financing institution, including any Federal lending
agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes
payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to
receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the
parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).
Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or
action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR
52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with
performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence
beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public
enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine
restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay,
setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch
and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the
address designated in the contract to receive invoices. An invoice must include--
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
N49400-15-T-B323
Page 30 of 58
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on
Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required
elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice,
the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation
provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management,
or 52.232-34, Payment by Electronic
Funds Transfer--Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of
Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against
liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any
United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the
Contractor is reasonably notified of such claims and proceedings.
(i) Payment.--
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the
delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.
3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate
EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the
invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the
date which appears on the payment check or the specified payment date if an electronic funds transfer payment is
made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the
Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the
overpayment including the--
N49400-15-T-B323
Page 31 of 58
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of
overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple
interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the
interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.
7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and
then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the
contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt
within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline
specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an
installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see
32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final
decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default
termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date
and ending on--
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been
withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to
the Contractor.
N49400-15-T-B323
Page 32 of 58
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the
Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided
under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.
destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or
any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all
work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to
the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of
the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the
satisfaction of the Government using its standard record keeping system, have resulted from the termination. The
Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this
purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor
shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of
any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to
provide the Government, upon request, with adequate assurances of future performance. In the event of termination
for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted,
and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is
determined that the Government improperly terminated this contract for default, such termination shall be deemed a
termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the
Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for
use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to
the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive
orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352
relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating
to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.
chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118,
Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in
the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other
Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of
this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements
N49400-15-T-B323
Page 33 of 58
for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the
Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.
(t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is
responsible during performance and through final payment of any contract for the accuracy and completeness of the
data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or
incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to
review and update on an annual basis from the date of initial registration or subsequent updates its information in the
SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the
terms and conditions of this contract and is not a substitute for a properly executed contractual document.
(2)(i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever
is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the
necessary requirements regarding novation and change-of-name agreements in FAR subpart 42.12, the Contractor
shall provide the responsible Contracting Officer a minimum of one business day's written notification of its
intention to (A) change the name in the SAM database; (B) comply with the requirements of subpart 42.12; and (C)
agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must
provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the
agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-
name agreement, the SAM information that shows the Contractor to be other than the
Contractor indicated in the contract will be considered to be incorrect information within the meaning of the
“Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.
(3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in
the SAM record to reflect an assignee for the purpose of assignment of claims (see Subpart 32.8, Assignment of
Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's
SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that
Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment”
paragraph of the EFT clause of this contract.
(4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM
accessed through https://www.acquisition.gov.
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is
subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or
agreement, that includes any clause requiring the Government to indemnify the
Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-
Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause
by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar
legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g.,
``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any
Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
N49400-15-T-B323
Page 34 of 58
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized
by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor's representations and certifications, including those completed
electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of Clause)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2015)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 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 (Apr 2010) (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 (July 2013) (Pub. L.
109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved]
___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).
___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (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. (Aug, 2013) (31 U.S.C. 6101 note).
N49400-15-T-B323
Page 35 of 58
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (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]
____ (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.
____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).
____ (17)(i) 52.219-9, Small Business Subcontracting Plan (OCT 2014) (15 U.S.C. 637(d)(4)).
____ (ii) Alternate I (Oct 2001) of 52.219-9.
____ (iii) Alternate II (Oct 2001) of 52.219-9.
____ (iv) Alternate III (OCT 2014) 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 (NOV 2011) (15 U.S.C. 637(a)(14)).
____ (20) 52.219-16, Liquidated Damages—Subcon-tracting 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).
____ (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 Economically Disadvantaged Women-Owned Small Business
(EDWOSB) Concerns (July 2013) (15 U.S.C. 637(m)).
N49400-15-T-B323
Page 36 of 58
____ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the
WOSB Program (July 2013) (15 U.S.C. 637(m)).
____ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
____ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (JAN 2014) (E.O. 3126).
____ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
____ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
____ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).
____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).
____ (31) 52.222-37, Employment Reports on Veterans (July 2014) (38 U.S.C. 4212).
____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
____ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
____ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 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) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and
13514).
____ (ii) Alternate I (Jun 2014) of 52.223-13.
____ (37)(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.
N49400-15-T-B323
Page 37 of 58
____ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
____ (39)(i) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s
13423 and 13514).
____ (ii) Alternate I (Jun 2014) of 52.223-16.
__X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.
13513).
____ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).
____(42) (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.
____ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__X__ (44) 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).
____ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
____ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
____ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.
5150).
____ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10
U.S.C. 2307(f)).
____ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__X__ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (July 2013) (31
U.S.C. 3332).
____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July
2013) (31 U.S.C. 3332).
N49400-15-T-B323
Page 38 of 58
____ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
____ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__X__ (54)(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.
(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 (MAY 2014) (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) (MAY 2014) (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 2014) (E.O. 13658).
`
_____ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
_____ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(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.
N49400-15-T-B323
Page 39 of 58
(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 (APR 2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in
lower tier subcontracts that offer subcontracting opportunities.
(iii) 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.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).
(ix) 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.
(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xi) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (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).
(xii) 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.)
(xiii) 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)
(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).
N49400-15-T-B323
Page 40 of 58
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 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.
(xviii) 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.
(End of clause)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if
they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is
cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its
quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by
paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a
solicitation provision may be accessed electronically at this/these address(es):
FAR Clauses: http://acquisition.gov/far/
DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/
(End of provision)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in
full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may
be accessed electronically at this/these address(es):
FAR Clauses: http://acquisition.gov/far/
DFARS Clauses: http://www.acq.osd.mil/dpap/dars/dfarspgi/current/
(End of clause)
52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
N49400-15-T-B323
Page 41 of 58
(a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an
authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any DFARS (48 CFR Chapter 2) provision with an authorized deviation is
indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of provision)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an
authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any DFARS (48 CFR 2) clause with an authorized deviation is indicated
by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
252.203-7998 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS—REPRESENTATION (DEVIATION 2015-O0010) (FEB 2015)
(a) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution
Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or
otherwise made available) under that or any other Act for contracts with an entity that requires employees or
subcontractors of such entity seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or
statements prohibiting or otherwise restricting such employees or contactors 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.
(b) The prohibition in paragraph (a) of this provision does not contravene requirements applicable to Standard Form
312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of
classified information.
(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or
subcontractors of such entity seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality
agreements or statements prohibiting or otherwise restricting such employees or contactors 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.
(End of provision)
252.203-7999 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS (DEVIATION 2015-O0010)(FEB 2015)
N49400-15-T-B323
Page 42 of 58
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or
comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or
contactors 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.
(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality
agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does
not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal
department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing
Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available)
under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance
with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance
with the terms and conditions of the contract as a result of Government action under this clause.
(End of clause)
252.204-7011 ALTERNATIVE LINE-ITEM STRUCTURE (SEP 2011) (a) Line items are the basic structural elements in a solicitation or contract that provide for the organization of contract requirements to facilitate pricing, delivery, inspection, acceptance and payment. Line items are organized into contract line items, subline items, and exhibit line items. Separate line items should be established to account for separate pricing, identification (see section 211.274 of the Defense Federal Acquisition Regulation Supplement), deliveries, or funding. The Government recognizes that the line item structure in this solicitation may not conform to every offeror's practices. Failure to correct these issues can result in difficulties in accounting for deliveries and processing payments. Therefore, offerors are invited to propose an alternative line item structure for items on which bids, proposals, or quotes are requested in this solicitation to ensure that the resulting contract structure is economically and administratively advantageous to the Government and the Contractor. (b) If an alternative line item structure is proposed, the structure must be consistent with subpart 204.71 of the Defense Federal Acquisition Regulation Supplement and PGI 204.71. A sample solicitation line-item structure and a corresponding offer of a proposed alternative line-item structure follow. Solicitation: ---------------------------------------------------------------------------------------------------------------- Item No. Supplies/Service Quantity Unit Unit price Amount ---------------------------------------------------------------------------------------------------------------- 0001............................ Computer, Desktop with 20 EA ............ ........... CPU, Monitor, Keyboard and Mouse. ---------------------------------------------------------------------------------------------------------------- Alternative line-item structure offer where monitors are shipped separately: ---------------------------------------------------------------------------------------------------------------- Item No. Supplies/Service Quantity Unit Unit Price Amount
N49400-15-T-B323
Page 43 of 58
---------------------------------------------------------------------------------------------------------------- 0001............................ Computer, Desktop with 20 EA ............ ........... CPU, Keyboard and Mouse. 0002............................ Monitor................. 20 EA ............ ........... ---------------------------------------------------------------------------------------------------------------- (End of provision)
252.209-7992 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW—FISCAL YEAR 2015 APPROPRIATIONS (DEVIATION 2015-OO0005) (DEC 2014) (a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used
to enter into a contract with any corporation that—
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability,
unless the agency has considered suspension or debarment of the corporation and made a determination that this
further action is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that— (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision)
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (DEC 2013)
(a) Definitions. As used in this clause'
Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on
machine-readable media.
Concatenated unique item identifier means--
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data
elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise
identifier; or
N49400-15-T-B323
Page 44 of 58
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique
identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;
and serial number within the original part, lot, or batch number.
Data Matrix means a two-dimensional matrix symbology, which is made up of square or, in some cases, round
modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200
(ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical
Commission (IEC) 16022.
Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines
the general category or intended use of the data that follows.
DoD recognized unique identification equivalent means a unique identification method that is in commercial use and
has been recognized by DoD. All DoD recognized unique identification equivalents are listed at
http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.
DoD item unique identification means a system of marking items delivered to DoD with unique item identifiers that
have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are
serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise
identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the
enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original
part, lot, or batch number; and the serial number.
Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to
items.
Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.
Government's unit acquisition cost means--
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of
delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit
cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the
Government at the time of delivery.
Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise (e.g.,
Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, Allied Committee
135 NATO Commercial and Government Entity (NCAGE)/Commercial and Government Entity (CAGE) Code, or
the Coded Representation of the North American Telecommunications Industry Manufacturers, Suppliers, and
Related Service Companies (ATIS-0322000) Number), European Health Industry Business Communication Council
(EHIBCC) and Health Industry Business Communication Council (HIBCC)), as indicated in the Register of Issuing
Agency Codes for ISO/IEC 15459, located at http://www.nen.nl/Normontwikkeling/Certificatieschemas-en-
keurmerken/Schemabeheer/ISOIEC-15459.htm.
Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise
identifier.
N49400-15-T-B323
Page 45 of 58
Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or
constituent parts.
Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually
referred to as either a lot or a batch, all of which were manufactured under identical conditions.
Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons,
radio frequency identification, or optical memory cards.
Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class
of items with the same form, fit, function, and interface.
Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a
unique item identifier or DoD recognized unique identification equivalent.
Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the
enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never
used again within the enterprise.
Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the
enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or
batch number assignment.
Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique
among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for
ensuring unique serialization within the enterprise identifier.
Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is
assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for
ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
Type designation means a combination of letters and numerals assigned by the Government to a major end item,
assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the
same basic name and to indicate modifications and changes thereto.
Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The
term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been
used. The current list of accepted unique item identifier types is maintained at
http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier. (1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line
items:
------------------------------------------------------------------------
Contract line, subline, or exhibit
line item No. Item description
------------------------------------------------------------------------
...................................
N49400-15-T-B323
Page 46 of 58
------------------------------------------------------------------------
(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or
the following table:
------------------------------------------------------------------------
Contract line, subline, or exhibit
line item No. Item description
------------------------------------------------------------------------
...................................
------------------------------------------------------------------------
(If items are identified in the Schedule, insert ``See Schedule'' in this table.)
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD
serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number ----.
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for
preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number ----.
(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or
(iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.
(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any
other item marked or registered in the DoD Item Unique Identification Registry by the contractor.
(3) The unique item identifier component data elements shall be marked on an item using two dimensional data
matrix symbology that complies with ISO/IEC International Standard 16022, Information
technology--International symbology specification--Data matrix; ECC200 data matrix specification.
(4) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--
(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix
symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the
Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with
ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data
Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with
ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers
and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance
with the Air Transport Association Common Support Data Dictionary; and
(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of
messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434,
Information Technology-Transfer Syntax for High Capacity Automatic Data Capture Media.
(5) Unique item identifier.
N49400-15-T-B323
Page 47 of 58
(i) The Contractor shall--
(A) Determine whether to--
(1) Serialize within the enterprise identifier;
(2) Serialize within the part, lot, or batch number; or
(3) Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and
(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique
identification equivalent; and for serialization within the part, lot, or batch number only: Original part, lot, or batch
number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-
130, Identification Marking of U.S. Military Property, latest version;
(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the
requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and
(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable
and conform to the applicable standards. The contractor shall use an automatic identification technology device for
this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest
version.
(ii) The issuing agency code--
(A) Shall not be placed on the item; and
(B) Shall be derived from the data qualifier for the enterprise identifier.
(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when
item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of
the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the
time of delivery, as part of the Material Inspection and Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) Enterprise identifier (if concatenated unique item identifier is used).
(5) Original part number (if there is serialization within the original part number).
(6) Lot or batch number (if there is serialization within the lot or batch number).
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Government's unit acquisition cost.
N49400-15-T-B323
Page 48 of 58
(11) Unit of measure.
(e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph
(c)(1)(iii) of this clause, the Contractor shall report as part of, or associated with, the Material Inspection and
Receiving Report specified elsewhere in this contract, the following information:
(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded
subassembly, component, or part.
(2) Unique item identifier of the embedded subassembly, component, or part.
(3) Unique item identifier type.**
(4) Issuing agency code (if concatenated unique item identifier is used).**
(5) Enterprise identifier (if concatenated unique item identifier is used).**
(6) Original part number (if there is serialization within the original part number).**
(7) Lot or batch number (if there is serialization within the lot or batch number).**
(8) Current part number (optional and only if not the same as the original part number).**
(9) Current part number effective date (optional and only if current part number is used).**
(10) Serial number (if concatenated unique item identifier is used).**
(11) Description.
(12) Type designation of the item as specified in the contract schedule, if any.
(13) Whether the item is an item of Special Tooling or Special Test Equipment.
(14) Whether the item is covered by a warranty.
** Once per item.
(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph
(c)(1)(iii) of this clause or when item unique identification is provided under paragraph
(c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in
this contract, the following information:
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in
accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the
contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.
(2) Embedded items shall be reported by one of the following methods--
(i) Use of the embedded items capability in WAWF;
N49400-15-T-B323
Page 49 of 58
(ii) Direct data submission to the IUID Registry following the procedures and formats at
http://dodprocurementtoolbox.com/site/uidregistry/; or
(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) ----, Unique Item Identifier Report
for Embedded Items, Contract Data Requirements List, DD Form 1423.
(g) Subcontracts. If the Contractor acquires by contract any items for which item unique identification is required in
accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g),
in the applicable subcontract(s), including subcontracts for commercial items.
(End of clause)
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS
OUTSIDE THE UNITED STATES (JUN 2015)
(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying
areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or
traveling outside the United States under this contract, shall--
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory
basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country
nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information
commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and
their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and
subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is--
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained Naval Criminal
Investigative Service (NCIS), Code 21; telephone, DSN 288-9077 or commercial (202) 433-9077.
(End of clause)
N49400-15-T-B323
Page 50 of 58
252.225-7993 PROHIBITION ON CONTRACTING WITH THE ENEMY (DEVIATION 2014-O0020) (SEP
2014)
(a) The Contractor shall exercise due diligence to ensure that none of the funds received under this contract are provided
directly or indirectly to a person or entity who is actively opposing United States or Coalition forces involved in a
contingency operation in which members of the armed forces are actively engaged in hostilities.
(b) The Contractor shall exercise due diligence to ensure that none of their subcontracts are associated with a person or
entities listed as a prohibited/restricted source in the System for Award Management at www.sam.gov.
(c) The Head of the Contracting Activity (HCA) has the authority to—
(1) Terminate this contract for default, in whole or in part, if the HCA determines in writing that the contractor failed to
exercise due diligence as required by paragraph (a) and (b) of this clause; or
(2) Void this contract, in whole or in part, if the HCA determines in writing that any funds received under this contract have
been provided directly or indirectly to a person or entity who is actively opposing or Coalition forces involved in a
contingency operation in which members of the armed forces are actively engaged in hostilities.
(d) The substance of this clause, including this paragraph (d), is required to be included in subcontracts under this contract
that have an estimated value over $50,000.
(End of clause)
252.225-7994 ADDITIONAL ACCESS TO CONTRACTOR AND SUBCONTRACTOR RECORDS IN THE
UNITED STATES CENTRAL COMMAND THEATER OF OPERATIONS (DEVIATION 2015-O0013) (MAR
2015)
(a) In addition to any other existing examination-of-records authority, the Department of Defense is authorized to examine
any records of the Contractor to the extent necessary to ensure that funds available under this contract are not—
(1) Subject to extortion or corruption; or
(2) Provided, directly or indirectly, to persons or entities that are actively supporting an insurgency or otherwise actively
opposing United States or coalition forces in a contingency operation.
(b) The substance of this clause, including this paragraph (b), is required to be included in subcontracts under this contract
that have an estimated value over $100,000.
(End of clause)
252.225-7995 CONTRACTOR PERSONNEL PERFORMING IN THE UNITED STATES CENTRAL COMMAND
AREA OF RESPONSIBILITY (DEVIATION 2015-O0009)(JAN 2015)
(a) Definitions. As used in this clause—
“Combatant Commander” means the Commander of the United States Central Command Area of Responsibility.
“Contractors authorized to accompany the Force,” or “CAAF,” means contractor personnel, including all tiers of
N49400-15-T-B323
Page 51 of 58
subcontractor personnel, who are authorized to accompany U.S. Armed Forces in applicable operations and have been
afforded CAAF status through a letter of authorization. CAAF generally include all U.S. citizen and third-country national
employees not normally residing within the operational area whose area of performance is in the direct vicinity of U.S.
Armed Forces and who routinely are collocated with the U.S. Armed Forces (especially in non-permissive environments).
Personnel collocated with U.S. Armed Forces shall be afforded CAAF status through a letter of authorization. In some
cases, Combatant Commander subordinate commanders may designate mission-essential host nation or local national
contractor employees (e.g., interpreters) as CAAF. CAAF includes contractors previously identified as contractors
deploying with the U.S. Armed Forces. CAAF status does not apply to contractor personnel in support of applicable
operations within the boundaries and territories of the United States.
“Designated reception site” means the designated place for the reception, staging, integration, and onward
movement of contractors deploying during a contingency. The designated reception site includes assigned joint
reception centers and other Service or private reception sites.
“Law of war” means that part of international law that regulates the conduct of armed hostilities. The law of war
encompasses all international law for the conduct of hostilities binding on the United States or its individual citizens,
including treaties and international agreements to which the United States is a party, and applicable customary international
law.
“Non-CAAF” means personnel who are not designated as CAAF, such as local national (LN) employees and non-LN
employees who are permanent residents in the operational area or third-country nationals not routinely residing with
U.S. Armed Forces (and third-country national expatriates who are permanent residents in the operational area) who
perform support functions away from the close proximity of, and do not reside with, U.S. Armed Forces.
Government-furnished support to non-CAAF is typically limited to force protection, emergency medical care, and
basic human needs (e.g., bottled water, latrine facilities, security, and food when necessary) when performing their
jobs in the direct vicinity of U.S. Armed Forces. Non-CAAF status does not apply to contractor personnel in support
of applicable operations within the boundaries and territories of the United States.
“Subordinate joint force commander” means a sub-unified commander or joint task force commander.
(b) General.
(1) This clause applies to both CAAF and non-CAAF when performing in the United States Central Command
(USCENTCOM) Area of Responsibility (AOR)
(2) Contract performance in USCENTCOM AOR may require work in dangerous or austere conditions. Except as
otherwise provided in the contract, the Contractor accepts the risks associated with required contract performance in such
operations.
(3) When authorized in accordance with paragraph (j) of this clause to carry arms for personal protection, contractor
personnel are only authorized to use force for individual self-defense.
(4) Unless immune from host nation jurisdiction by virtue of an international agreement or international law, inappropriate
use of force by contractor personnel authorized to accompany the U.S. Armed Forces can subject such personnel to United
States or host nation prosecution and civil liability (see paragraphs (d) and (j)(3) of this clause).
(5) Service performed by contractor personnel subject to this clause is not active duty or service under 38 U.S.C. 106 note.
(c) Support.
(1)(i) The Combatant Commander will develop a security plan for protection of contractor personnel in locations where
there is not sufficient or legitimate civil authority, when the Combatant Commander decides it is in the interests of the
Government to provide security because—
(A) The Contractor cannot obtain effective security services;
(B) Effective security services are unavailable at a reasonable cost; or
(C) Threat conditions necessitate security through military means.
N49400-15-T-B323
Page 52 of 58
(ii) In appropriate cases, the Combatant Commander may provide security through military means, commensurate with the
level of security provided DoD civilians.
(2)(i) Generally, CAAF will be afforded emergency medical and dental care if injured while supporting applicable
operations. Additionally, non-CAAF employees who are injured while in the vicinity of U. S. Armed Forces will
normally receive emergency medical and dental care. Emergency medical and dental care includes medical care
situations in which life, limb, or eyesight is jeopardized. Examples of emergency medical and dental care include
examination and initial treatment of victims of sexual assault; refills of prescriptions for life-dependent drugs; repair
of broken bones, lacerations, infections; and traumatic injuries to the dentition. Hospitalization will be limited to
stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement
system.
(ii) When the Government provides medical treatment or transportation of Contractor personnel to a selected civilian
facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or
transportation.
(iii) Medical or dental care beyond this standard is not authorized.
(3) Contractor personnel must have a Synchronized Predeployment and Operational Tracker (SPOT)-generated letter of
authorization signed by the Contracting Officer in order to process through a deployment center or to travel to, from, or
within the USCENTCOM AOR. The letter of authorization also will identify any additional authorizations, privileges, or
Government support that Contractor personnel are entitled to under this contract. Contractor personnel who are issued a
letter of authorization shall carry it with them at all times while deployed.
(4) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel
engaged in the USCENTCOM AOR under this contract.
(d) Compliance with laws and regulations.
(1) The Contractor shall comply with, and shall ensure that its personnel performing in the USCENTCOM AOR are
familiar with and comply with, all applicable—
(i) United States, host country, and third country national laws;
(ii) Provisions of the law of war, as well as any other applicable treaties and international agreements;
(iii) United States regulations, directives, instructions, policies, and procedures; and
(iv) Orders, directives, and instructions issued by the Combatant Commander, including those relating to force protection,
security, health, safety, or relations and interaction with local nationals.
(2) The Contractor shall institute and implement an effective program to prevent violations of the law of war by its
employees and subcontractors, including law of war training in accordance with paragraph (e)(1)(vii) of this clause.
(3) The Contractor shall ensure that CAAF and non-CAAF are aware—
(i) Of the DoD definition of “sexual assault” in DoDD 6495.01, Sexual Assault Prevention and Response Program;
(ii) That the offenses addressed by the definition are covered under the Uniform Code of Military Justice (see paragraph
(e)(2)(iv) of this clause). Other sexual misconduct may constitute offenses under the Uniform Code of Military Justice,
Federal law, such as the Military Extraterritorial Jurisdiction Act, or host nation laws; and
(iii) That the offenses not covered by the Uniform Code of Military Justice may nevertheless have consequences to the
contractor employees (see paragraph (h)(1) of this clause).
(4) The Contractor shall report to the appropriate investigative authorities, identified in paragraph (d)(6) of this clause, any
alleged offenses under—
N49400-15-T-B323
Page 53 of 58
(i) The Uniform Code of Military Justice (chapter 47 of title 10, United States Code) (applicable to contractors serving with
or accompanying an armed force in the field during a declared war or contingency operations); or
(ii) The Military Extraterritorial Jurisdiction Act (chapter 212 of title 18, United States Code).
(5) The Contractor shall provide to all contractor personnel who will perform work on a contract in the deployed area,
before beginning such work, information on the following:
(i) How and where to report an alleged crime described in paragraph (d)(4) of this clause.
(ii) Where to seek victim and witness protection and assistance available to contractor personnel in connection with an
alleged offense described in paragraph (d)(4) of this clause.
(iii) This section does not create any rights or privileges that are not authorized by law or DoD policy.
(6) The appropriate investigative authorities to which suspected crimes shall be reported include the following—
(i) US Army Criminal Investigation Command at http://www.cid.army.mil/reportacrime.html;
(ii) Air Force Office of Special Investigations at http://www.osi.andrews.af.mil/library/factsheets/factsheet.asp?id=14522;
(iii) Navy Criminal Investigative Service at http://www.ncis.navy.mil/Pages/publicdefault.aspx;
(iv) Defense Criminal Investigative Service at http://www.dodig.mil/HOTLINE/index.html;
(v) To any command of any supported military element or the command of any base.
(7) Personnel seeking whistleblower protection from reprisals for reporting criminal acts shall seek guidance through the
DoD Inspector General hotline at 800-424-9098 or www.dodig.mil/HOTLINE/index.html. Personnel seeking other forms
of victim or witness protections should contact the nearest military law enforcement office.
(8) The Contractor shall ensure that Contractor employees supporting the U.S. Armed Forces deployed outside the United
States are aware of their rights to—
(A) Hold their own identity or immigration documents, such as passport or driver’s license;
(B) Receive agreed upon wages on time;
(C) Take lunch and work-breaks;
(D) Elect to terminate employment at any time;
(E) Identify grievances without fear of reprisal;
(F) Have a copy of their employment contract in a language they understand;
(G) Receive wages that are not below the legal in-country minimum wage;
(H) Be notified of their rights, wages, and prohibited activities prior to signing their employment contract; and
(I) If housing is provided, live in housing that meets host-country housing and safety standards.
N49400-15-T-B323
Page 54 of 58
(e) Preliminary personnel requirements.
(1) The Contractor shall ensure that the following requirements are met prior to deploying CAAF (specific requirements for
each category will be specified in the statement of work or elsewhere in the contract):
(i) All required security and background checks are complete and acceptable.
(ii) All CAAF deploying in support of an applicable operation—
(A) Are medically, dentally, and psychologically fit for deployment and performance of their contracted duties;
(B) Meet the minimum medical screening requirements, including theater-specific medical qualifications as established by
the geographic Combatant Commander (as posted to the Geographic Combatant Commander’s website or other venue);
and
(C) Have received all required immunizations as specified in the contract.
(1) During predeployment processing, the Government will provide, at no cost to the Contractor, any military-specific
immunizations and/or medications not available to the general public.
(2) All other immunizations shall be obtained prior to arrival at the deployment center.
(3) All CAAF and selected non-CAAF, as specified in the statement of work, shall bring to the USCENTCOM AOR
a copy of the Public Health Service Form 791, “International Certificate of Vaccination” that shows vaccinations are
current.
(iii) Deploying personnel have all necessary passports, visas, and other documents required to enter and exit the
USCENTCOM AOR and have a Geneva Conventions identification card, or other appropriate DoD identity credential,
from the deployment center.
(iv) Special area, country, and theater clearance is obtained for all personnel deploying. Clearance requirements are in DoD
Directive 4500.54E, DoD Foreign Clearance Program. For this purpose, CAAF are considered non-DoD contractor
personnel traveling under DoD sponsorship.
(v) All deploying personnel have received personal security training. At a minimum, the training shall—
(A) Cover safety and security issues facing employees overseas.
(B) Identify safety and security contingency planning activities; and
(C) Identify ways to utilize safety and security personnel and other resources appropriately.
(vi) All personnel have received isolated personnel training, if specified in the contract, in accordance with DoD Instruction
1300.23, Isolated Personnel Training for DoD Civilian and Contractors.
(vii) Personnel have received law of war training as follows:
(A) Basic training is required for all CAAF. The basic training will be provided through—
(1) A military-run training center; or
(2) A web-based source, if specified in the contract or approved by the Contracting Officer.
(B) Advanced training, commensurate with their duties and responsibilities, may be required for some Contractor personnel
as specified in the contract.
(2) The Contractor shall notify all personnel who are not a host country national, or who are not ordinarily resident in the
host country, that—
(i) Such employees, and dependents residing with such employees, who engage in conduct outside the United States that
would constitute an offense punishable by imprisonment for more than one year if the conduct had been engaged in within
the special maritime and territorial jurisdiction of the United States, may potentially be subject to the criminal jurisdiction of
the United States in accordance with the Military Extraterritorial Jurisdiction Act of 2000 (18 U.S.C. 3621, et seq.);
(ii) Pursuant to the War Crimes Act (18 U.S.C. 2441), Federal criminal jurisdiction also extends to conduct that is
determined to constitute a war crime when committed by a civilian national of the United States;
(iii) Other laws may provide for prosecution of U.S. nationals who commit offenses on the premises of U.S. diplomatic,
N49400-15-T-B323
Page 55 of 58
consular, military or other U.S. Government missions outside the United States (18 U.S.C. 7(9)); and
(iv) In time of declared war or a contingency operation, CAAF are subject to the jurisdiction of the Uniform Code of
Military Justice under 10 U.S.C. 802(a)(10).
(v) Such employees are required to report offenses alleged to have been committed by or against contractor
personnel to appropriate investigative authorities.
(vi) Such employees will be provided victim and witness protection and assistance.
(f) Processing and departure points. CAAF shall—
(1) Process through the deployment center designated in the contract, or as otherwise directed by the Contracting Officer,
prior to deploying. The deployment center will conduct deployment processing to ensure visibility and accountability of
contractor personnel and to ensure that all deployment requirements are met, including the requirements specified in
paragraph (e)(1) of this clause;
(2) Use the point of departure and transportation mode directed by the Contracting Officer; and
(3) Process through a designated reception site (DRS) upon arrival at the deployed location. The DRS will validate
personnel accountability, ensure that specific USCENTCOM AOR entrance requirements are met, and brief contractor
personnel on theater-specific policies and procedures.
(g) Personnel data.
(1) The Contractor shall use the Synchronized Predeployment and Operational Tracker (SPOT) web-based system to enter
and maintain data for all Contractor employees covered by this clause, following the procedures in paragraph (g)(3) of this
clause.
(2) Upon becoming an employee under this contract, the Contractor shall enter into SPOT, and shall continue to use SPOT
web-based system to maintain accurate, up-to-date information throughout the employment in the AOR. Changes to status
of individual contractor personnel relating to their in-theater arrival date and their duty location, to include closing out the
employment in the AOR with their proper status (e.g., mission complete, killed, wounded) shall be annotated within the
SPOT database in accordance with the timelines established in the SPOT business rules.1
(i) In all circumstances, this includes any personnel performing private security functions and CAA.
(ii) For personnel other than those performing private security functions and CAAF, this requirement excludes
anyone—
(A) Hired under contracts valued below the simplified acquisition threshold;
(B) Who will be performing in the CENTCOM AOR less than 30 continuous days; or
(C) Who, while afloat, are tracked by the Diary message Reporting System.
(3) Follow these steps to register in and use SPOT:
(i) SPOT registration requires one of the following login methods:
(A) A Common Access Card (CAC) or a SPOT-approved digital certificate; or
(B) A Government-sponsored SPOT user ID and password. This type of log-in method is only allowed for those
individuals who are not authorized to obtain a CAC or an external digital certificate, and requires SPOT Program
Management Office approval.
1 Hyperlink to http://www.acq.osd.mil/log/PS/spot.html
N49400-15-T-B323
Page 56 of 58
(ii) To register in SPOT:
(A) Contractor company administrators should register for a SPOT account at https://spot.dmdc.mil; and
(B) The customer support team must validate user need. This process may take two business days. Company
supervisors will be contacted to validate Contractor company administrator account requests and determine the
appropriate level of user access.
(iii) Upon approval, all users will access SPOT at https://spot.dmdc.mil/ .
(iv)(A) Refer SPOT application assistance questions to the Customer Support Team at—
(1) Phone: 703-578-5407, DSN 312-698-5407; or
(2) Email: [email protected].
(B) Refer to the SPOT OSD Program Support website at http://www.acq.osd.mil/log/PS/spot.html for additional
training resources and documentation regarding registration for and use of SPOT.
(h) Contractor personnel.
(1) The Contracting Officer may direct the Contractor, at its own expense, to remove and replace any contractor personnel
who jeopardize or interfere with mission accomplishment or who fail to comply with or violate applicable requirements of
this contract. Such action may be taken at the Government’s discretion without prejudice to its rights under any other
provision of this contract, including the Termination for Default clause.
(2) The Contractor shall identify all personnel who occupy a position designated as mission essential and ensure the
continuity of essential Contractor services during designated operations, unless, after consultation with the
Contracting Officer, Contracting Officer’s representative, or local commander, the Contracting Officer directs
withdrawal due to security conditions.
(3) The Contractor shall ensure that contractor personnel follow the guidance at paragraph (e)(2)(v) of this clause and any
specific Combatant Commander guidance on reporting offenses alleged to have been committed by or against contractor
personnel to appropriate investigative authorities.
(4) Contractor personnel shall return all U.S. Government-issued identification, to include the Common Access Card, to
appropriate U.S. Government authorities at the end of their deployment (or, for non-CAAF, at the end of their employment
under this contract).
(i) Military clothing and protective equipment.
(1) Contractor personnel are prohibited from wearing military clothing unless specifically authorized in writing by the
Combatant Commander. If authorized to wear military clothing, contractor personnel must—
(i) Wear distinctive patches, arm bands, nametags, or headgear, in order to be distinguishable from military personnel,
consistent with force protection measures; and
(ii) Carry the written authorization with them at all times.
(2) Contractor personnel may wear military-unique organizational clothing and individual equipment (OCIE) required for
safety and security, such as ballistic, nuclear, biological, or chemical protective equipment.
(3) The deployment center, or the Combatant Commander, shall issue OCIE and shall provide training, if necessary, to
ensure the safety and security of contractor personnel.
(4) The Contractor shall ensure that all issued OCIE is returned to the point of issue, unless otherwise directed by the
Contracting Officer.
(j) Weapons.
N49400-15-T-B323
Page 57 of 58
(1) If the Contractor requests that its personnel performing in the USCENTCOM AOR be authorized to carry weapons for
individual self-defense, the request shall be made through the Contracting Officer to the Combatant Commander, in
accordance with DoD Instruction 3020.41. The Combatant Commander will determine whether to authorize in-theater
contractor personnel to carry weapons and what weapons and ammunition will be allowed.
(2) If contractor personnel are authorized to carry weapons in accordance with paragraph (j)(1) of this clause, the
Contracting Officer will notify the Contractor what weapons and ammunition are authorized.
(3) The Contractor shall ensure that its personnel who are authorized to carry weapons—
(i) Are adequately trained to carry and use them—
(A) Safely;
(B) With full understanding of, and adherence to, the rules of the use of force issued by the Combatant Commander; and
(C) In compliance with applicable agency policies, agreements, rules, regulations, and other applicable law;
(ii) Are not barred from possession of a firearm by 18 U.S.C. 922;
(iii) Adhere to all guidance and orders issued by the Combatant Commander regarding possession, use, safety, and
accountability of weapons and ammunition;
(iv) Comply with applicable Combatant Commander and local commander force-protection policies; and
(v) Understand that the inappropriate use of force could subject them to U.S. or host-nation prosecution and civil liability.
(4) Whether or not weapons are Government-furnished, all liability for the use of any weapon by contractor personnel rests
solely with the Contractor and the Contractor employee using such weapon.
(5) Upon redeployment or revocation by the Combatant Commander of the Contractor’s authorization to issue firearms, the
Contractor shall ensure that all Government-issued weapons and unexpended ammunition are returned as directed by the
Contracting Officer.
(k) Vehicle or equipment licenses. Contractor personnel shall possess the required licenses to operate all vehicles or
equipment necessary to perform the contract in the USCENTCOM AOR.
(l) Purchase of scarce goods and services. If the Combatant Commander has established an organization for the
USCENTCOM AOR whose function is to determine that certain items are scarce goods or services, the Contractor shall
coordinate with that organization local purchases of goods and services designated as scarce, in accordance with instructions
provided by the Contracting Officer.
(m) Evacuation.
(1) If the Combatant Commander orders a mandatory evacuation of some or all personnel, the Government will provide
assistance, to the extent available, to United States and third country national contractor personnel.
(2) In the event of a non-mandatory evacuation order, unless authorized in writing by the Contracting Officer, the
Contractor shall maintain personnel on location sufficient to meet obligations under this contract.
(n) Next of kin notification and personnel recovery.
(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee
dies, requires evacuation due to an injury, or is isolated, missing, detained, captured, or abducted.
(2) In the case of isolated, missing, detained, captured, or abducted contractor personnel, the Government will assist in
personnel recovery actions in accordance with DoD Directive 3002.01E, Personnel Recovery in the Department of Defense.
(o) Mortuary affairs. Contractor personnel who die while in support of the U.S. Armed Forces shall be covered by the
DoD mortuary affairs program as described in DoD Directive 1300.22, Mortuary Affairs Policy, and DoD Instruction
3020.41, Operational Contractor Support.
(p) Changes. In addition to the changes otherwise authorized by the Changes clause of this contract, the Contracting Officer
may, at any time, by written order identified as a change order, make changes in the place of performance or Government-
furnished facilities, equipment, material, services, or site. Any change order issued in accordance with this paragraph (p)
N49400-15-T-B323
Page 58 of 58
shall be subject to the provisions of the Changes clause of this contract.
(q) Subcontracts. The Contractor shall incorporate the substance of this clause, including this paragraph (q), in all
subcontracts when subcontractor personnel are performing in the USCENTCOM AOR.
(End of clause)
252.229-7001 TAX RELIEF (SEPT 2014)
(a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is
exempt by virtue of tax agreements between the United States Government and the Contractor's government. The
following taxes or duties have been excluded from the contract price:
NAME OF TAX: (Offeror Insert) RATE (PERCENTAGE): (Offeror Insert)
(b) The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged.
(c) When items manufactured to United States Government specifications are being acquired, the Contractor shall
identify the materials or components intended to be imported in order to ensure that relief from import duties is
obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a
factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The
Contractor may obtain a refund of the import duties from its government or request the duty-free import of an
amount of supplies or components corresponding to that used from inventory for this contract.
(End of clause)
5252.243-9400 Authorized Changes Only By The Contracting Officer (Jan 1992)
(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit
the Contractor's facilities or in any other manner communicate with Contractor personnel during the performance of
this contract shall constitute a change under the "Changes" clause of this contract.
(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued
in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of
this contract.
(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this
contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely with
the Contracting Officer. In the event the Contractor effects any change at the direction of any person other than the
Contracting Officer, the change will be considered to have been made without authority and no adjustment will be
made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone
number of the Contracting Officer is:
NAME: Rays Jacob
ADDRESS: [email protected]
TELEPHONE: 973-1785-9910
FAX: 973-1785-3364
(End of Clause)