252 - Marine Corps Logistics Command
Section B - Supplies or Services and Prices
CLAUSES INCORPORATED BY FULL TEXT
WIDE AREA WORKFLOW IMPLEMENTATION (MAPS 5252.232.9650) (JUL 2009)
To implement DFARS 252.232-7003, ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008), in accordance with MAPS 5252.232.9650 USMC Wide Area Workflow Implementation (JUL 2009), hereby included by reference, the United States Marine Corps (USMC) utilizes Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA) to electronically process vendor requests for payment. This application allows DoD vendors to submit and track Invoices and Receipt/Acceptance documents electronically. The contractor is required to utilize this system when processing invoices and receiving reports under this contract/order, unless the provision at DFARS 252.232-7003(c) applies. The contractor shall (i) ensure an electronic business point of contact (POC) is designated in the Central Contractor Registration site at within ten (10) calendar days after award of this contract/order, (ii) call WAWF-RA at 1-866-618-5988 to request CAGE code activation, and (iii) register to use WAWF-RA at .
WAWF-RA issues concerning account activation, password resets, CAGE code issues and problems inputting invoices, please contact cscassig@ogden.disa.mil or by calling 1-866-618-5988.
The USMC WAWF-RA POC for this contract/order is: Refer to “Issued By” block on page 1 of contract.
Contractors are advised: Invoices for Supply Items use the COMBO format.
Invoices for Services use the 2 in 1 format.
Invoices for Cost Reimbursement type contracts use cost voucher format.
DO NOT USE: The Fast Pay Option.
Invoices SHOULD NOT be submitted until efforts have been accomplished!
Also, use the following DoDAAC’s when providing invoices:
Administered By: M67004
Payment Official: M67443
Issued By: M67004
Ship To: To be identified at the task order level
Acceptance By: To be identified at the task order level
IMPORTANT: The Contractor is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract without written approval from the Contracting Officer.
CUSTOMER’S POINT OF CONTACT
(Government Use Only)
All customer (requiring activity) questions regarding performance of this contract/order, including delivery status/delivery acceleration, shall be addressed directly to the Government designated point of contact.
Marietta Lane, extension 229-639-8086 or email: marietta.lane@usmc.mil
Raytheon’s pricing proposal dated 17 March 2010 submitted in response to solicitation M67004-10-R-0002 is incorporated by reference to this contract.
|ITEM NO |SUPPLIES/SERVICES |MAX QUANTITY |UNIT |UNIT PRICE |MAX AMOUNT |
|0001 | |45,800,000 |Lot |$1.00 |$45,800,000.00 EST |
| |Remanufacture, Overhaul or Repair SECREPFP-PPR | |
| |Remanufacture, Overhaul or Repair (ROR); or Tear Down and Evaluate (TD&E) SECREPs in accordance with | |
| |the contract and/or task order. Prices specified by eLIN as listed on Exhibit A. Additional NSN | |
| |details per Attachment 2. Ordering period runs for one year from the beginning of option period if | |
| |exercised. | |
| | | |
| |NOTE TO DFAS AND THE CONTRACTOR: The amounts in the quantity and the unit price categories are | |
| |reversed in order to permit DFAS to make multiple payments and for the contractor to create and | |
| |submit multiple invoices against the CLIN. | |
| |FOB: Destination | |
| | | |
| |MAX NET AMT |$45,800,000.00 (EST.) |
| | | |
| | | |
See Exhibit A
|ITEM NO |SUPPLIES/SERVICES |MAX QUANTITY |UNIT |UNIT PRICE |MAX AMOUNT |
|0002 | |4,000,000 |Lot |$1.00 |$4,000,000.00 EST |
| |Over & AboveFFP | |
| |Over & Above work in accordance with the contract. Ordering period runs for one year from the | |
| |beginning of option period if exercised. | |
| | | |
| |NOTE TO DFAS AND THE CONTRACTOR: The amounts in the quantity and the unit price categories are | |
| |reversed in order to permit DFAS to make multiple payments and for the contractor to create and | |
| |submit multiple invoices against the CLIN. | |
| |FOB: Destination | |
| | | |
| | |
| |
| |MAX |$4,000,000.00 (EST.) |
| |NET AMT | |
| |
| | | | |
|ITEM NO |SUPPLIES/SERVICES |MAX QUANTITY |UNIT |UNIT PRICE |MAX AMOUNT |
|1001 | |45,800,000 |Lot |$1.00 |$45,800,000.00 EST |
|OPTION |Remanufacture, Overhaul or Repair SECREPFP-PPR | |
| |Remanufacture, Overhaul or Repair (ROR); or Tear Down and Evaluate (TD&E) SECREPs in accordance with | |
| |the contract and/or task order. Prices specified by eLIN as listed on Exhibit B. Additional NSN | |
| |details per Attachment 2. Ordering period runs for one year from the beginning of option period if | |
| |exercised. | |
| | | |
| |NOTE TO DFAS AND THE CONTRACTOR: The amounts in the quantity and the unit price categories are | |
| |reversed in order to permit DFAS to make multiple payments and for the contractor to create and | |
| |submit multiple invoices against the CLIN. | |
| |FOB: Destination | |
| | | |
| |MAX NET AMT |$45,800,000.00 (EST.) |
| | | |
| | | |
See Exhibit B
|ITEM NO |SUPPLIES/SERVICES |MAX QUANTITY |UNIT |UNIT PRICE |MAX AMOUNT |
|1002 | |4,000,000 |Lot |$1.00 |$4,000,000.00 EST |
|OPTION |Over & AboveFFP | |
| |Over & Above work in accordance with the contract. Ordering period runs for one year from the | |
| |beginning of option period if exercised. | |
| | | |
| |NOTE TO DFAS AND THE CONTRACTOR: The amounts in the quantity and the unit price categories are | |
| |reversed in order to permit DFAS to make multiple payments and for the contractor to create and | |
| |submit multiple invoices against the CLIN. | |
| |FOB: Destination | |
| | | |
| | |
| |
| |MAX |$4,000,000.00 (EST.) |
| |NET AMT | |
| |
| | | | |
|ITEM NO |SUPPLIES/SERVICES |MAX QUANTITY |UNIT |UNIT PRICE |MAX AMOUNT |
|2001 | |45,800,000 |Lot |$1.00 |$45,800,000.00 EST |
|OPTION |Remanufacture, Overhaul or Repair SECREPFP-PPR | |
| |Remanufacture, Overhaul or Repair (ROR); or Tear Down and Evaluate (TD&E) SECREPs in accordance with | |
| |the contract and/or task order. Prices specified by eLIN as listed on Exhibit C. Additional NSN | |
| |details per Attachment 2. Ordering period runs for one year from the beginning of option period if | |
| |exercised. | |
| | | |
| |NOTE TO DFAS AND THE CONTRACTOR: The amounts in the quantity and the unit price categories are | |
| |reversed in order to permit DFAS to make multiple payments and for the contractor to create and | |
| |submit multiple invoices against the CLIN. | |
| |FOB: Destination | |
| | | |
| |MAX NET AMT |$45,800,000.00 (EST.) |
| | | |
| | | |
See Exhibit C
|ITEM NO |SUPPLIES/SERVICES |MAX QUANTITY |UNIT |UNIT PRICE |MAX AMOUNT |
|2002 | |4,000,000 |Lot |$1.00 |$4,000,000.00 EST |
|OPTION |Over & AboveFFP | |
| |Over & Above work in accordance with the contract. Ordering period runs for one year from the | |
| |beginning of option period if exercised. | |
| | | |
| |NOTE TO DFAS AND THE CONTRACTOR: The amounts in the quantity and the unit price categories are | |
| |reversed in order to permit DFAS to make multiple payments and for the contractor to create and | |
| |submit multiple invoices against the CLIN. | |
| |FOB: Destination | |
| | | |
| | |
| |
| |MAX |$4,000,000.00 (EST.) |
| |NET AMT | |
| |
| | | | |
|ITEM NO |SUPPLIES/SERVICES |MAX QUANTITY |UNIT |UNIT PRICE |MAX AMOUNT |
|3001 | |45,800,000 |Lot |$1.00 |$45,800,000.00 EST |
|OPTION |Remanufacture, Overhaul or Repair SECREPFP-PPR | |
| |Remanufacture, Overhaul or Repair (ROR); or Tear Down and Evaluate (TD&E) SECREPs in accordance with | |
| |the contract and/or task order. Prices specified by eLIN as listed on Exhibit D. Additional NSN | |
| |details per Attachment 2. Ordering period runs for one year from the beginning of option period if | |
| |exercised. | |
| | | |
| |NOTE TO DFAS AND THE CONTRACTOR: The amounts in the quantity and the unit price categories are | |
| |reversed in order to permit DFAS to make multiple payments and for the contractor to create and | |
| |submit multiple invoices against the CLIN. | |
| |FOB: Destination | |
| | | |
| |MAX NET AMT |$45,800,000.00 (EST.) |
| | | |
| | | |
See Exhibit D
|ITEM NO |SUPPLIES/SERVICES |MAX QUANTITY |UNIT |UNIT PRICE |MAX AMOUNT |
|3002 | |4,000,000 |Lot |$1.00 |$4,000,000.00 EST |
|OPTION |Over & AboveFFP | |
| |Over & Above work in accordance with the contract. Ordering period runs for one year from the | |
| |beginning of option period if exercised. | |
| | | |
| |NOTE TO DFAS AND THE CONTRACTOR: The amounts in the quantity and the unit price categories are | |
| |reversed in order to permit DFAS to make multiple payments and for the contractor to create and | |
| |submit multiple invoices against the CLIN. | |
| |FOB: Destination | |
| | | |
| | |
| |
| |MAX |$4,000,000.00 (EST.) |
| |NET AMT | |
| |
| | | | |
|ITEM NO |SUPPLIES/SERVICES |MAX QUANTITY |UNIT |UNIT PRICE |MAX AMOUNT |
|4001 | |45,800,000 |Lot |$1.00 |$45,800,000.00 EST |
|OPTION |Remanufacture, Overhaul or Repair SECREPFP-PPR | |
| |Remanufacture, Overhaul or Repair (ROR); or Tear Down and Evaluate (TD&E) SECREPs in accordance with | |
| |the contract and/or task order. Prices specified by eLIN as listed on Exhibit E. Additional NSN | |
| |details per Attachment 2. Ordering period runs for one year from the beginning of option period if | |
| |exercised. | |
| | | |
| |NOTE TO DFAS AND THE CONTRACTOR: The amounts in the quantity and the unit price categories are | |
| |reversed in order to permit DFAS to make multiple payments and for the contractor to create and | |
| |submit multiple invoices against the CLIN. | |
| |FOB: Destination | |
| | | |
| |MAX NET AMT |$45,800,000.00 (EST.) |
| | | |
| | | |
See Exhibit E
|ITEM NO |SUPPLIES/SERVICES |MAX QUANTITY |UNIT |UNIT PRICE |MAX AMOUNT |
|4002 | |4,000,000 |Lot |$1.00 |$4,000,000.00 EST |
|OPTION |Over & AboveFFP | |
| |Over & Above work in accordance with the contract. Ordering period runs for one year from the | |
| |beginning of option period if exercised. | |
| | | |
| |NOTE TO DFAS AND THE CONTRACTOR: The amounts in the quantity and the unit price categories are | |
| |reversed in order to permit DFAS to make multiple payments and for the contractor to create and | |
| |submit multiple invoices against the CLIN. | |
| |FOB: Destination | |
| | | |
| | |
| |
| |MAX |$4,000,000.00 (EST.) |
| |NET AMT | |
| |
| | | | |
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
|MINIMUM |MINIMUM |MAXIMUM |MAXIMUM |
|QUANTITY |AMOUNT |QUANTITY |AMOUNT |
|1.00 |$1.00 |249,000,000.00 |$249,000,000.00 |
DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE
The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
|MINIMUM |MINIMUM |MAXIMUM |MAXIMUM |
|QUANTITY |AMOUNT |QUANTITY |AMOUNT |
|1.00 | |249,000,000.00 | |
Section C - Descriptions and Specifications
CLAUSES INCORPORATED BY FULL TEXT
252.211-7005 SUBSTITUTIONS FOR MILITARY OR FEDERAL SPECIFICATIONS AND STANDARDS (NOV 2005)
(a) Definition. “SPI process,” as used in this clause, means a management or manufacturing process that has been accepted previously by the Department of Defense under the Single Process Initiative (SPI) for use in lieu of a specific military or Federal specification or standard at specific facilities. Under SPI, these processes are reviewed and accepted by a Management Council, which includes representatives of the Contractor, the Defense Contract Management Agency, the Defense Contract Audit Agency, and the military departments.
(b) Offerors are encouraged to propose SPI processes in lieu of military or Federal specifications and standards cited in the solicitation. A listing of SPI processes accepted at specific facilities is available via the Internet at (paragraph 4.2).
(c) An offeror proposing to use an SPI process in lieu of military or Federal specifications or standards cited in the solicitation shall--
(1) Identify the specific military or Federal specification or standard for which the SPI process has been accepted;
(2) Identify each facility at which the offeror proposes to use the specific SPI process in lieu of military or Federal specifications or standards cited in the solicitation;
(3) Identify the contract line items, subline items, components, or elements affected by the SPI process; and
(4) If the proposed SPI process has been accepted at the facility at which it is proposed for use, but is not yet listed at the Internet site specified in paragraph (b) of this clause, submit documentation of Department of Defense acceptance of the SPI process.
(d) Absent a determination that an SPI process is not acceptable for this procurement, the Contract shall use the following SPI processes in lieu of military or Federal specifications or standards:
(Offeror insert information for each SPI process)
SPI Process:________________________________
Facility:____________________________________
Military or Federal Specification or Standard:_______________
Affected Contract Line Item Number, Subline Item Number, Component, or Element:_________________
___________________________________________
(e) If a prospective offeror wishes to obtain, prior to the time specified for receipt of offers, verification that an SPI process is an acceptable replacement for military or Federal specifications or standards required by the solicitation, the prospective offeror--
(1) May submit the information required by paragraph (d) of this clause to the Contracting Officer prior to submission of an offer; but
(2) Must submit the information to the Contracting Officer at least 10 working days prior to the date specified for receipt of offers.
(End of clause)
Additional Instructions
CONFORMANCE WITH SPECIFICATIONS, DRAWINGS, AND REQUIREMENTS
The supplies mentioned in the Schedule (Section “B”) shall conform in all respects with the specifications, drawings and requirements herein recited or referred to, copies of which are in the possession of the contractor and which are incorporated herein and made a part hereof by reference.
PERFORMANCE WORK STATEMENT
SECREP LOGISTICS INTEGRATION SUPPORT PERFORMANCE WORK STATEMENT
1. Background: The Secondary Reparable Item (SECREP) Maintenance Migration Program was developed in 2001 with a pilot program implemented with Federal Prison Industries designed to evaluate the Marine Corps Logistics Command’s ability to effectively source and manage SECREP rebuild. During 2002, MCLC developed a Statement of Objectives and solicited a management plan and concept of operations from six major Corporations through an existing contract vehicle under the GSA/LOGWORLD Schedule. This program has since expanded to full capability at every major Repairable Issue Point (RIP) across the enterprise and has executed Remanufacture, Overhaul or Repair (ROR) of over 20,000 SECREPs.
2. Program Objectives: This program is intended to provide a single source for contracted SECREP Remanufacture, Overhaul and Repair at fixed unit prices, with consistent turn around times and at Original Equipment Manufacturer (OEM) specifications.
3. Scope: The scope of this contract covers the ROR or Tear Down and Evaluation (TD&E) of Marine Corps Ground Equipment Secondary Reparable items (like the items on the eLIN) turned in at designated Government locations (CONUS and OCONUS). When new items are fielded by the Marine Corps to replace similar items currently included in this contract, those replacement items shall be considered within the scope of this contract. When new Marine Corps Ground Equipment Secondary Reparable items of a type included on this contract other than replacements for items currently included in this contract require ROR, the contracting officer will make a determination as to whether the items are within the original scope of this contract based on their similarity to existing items in type, purpose, estimated ROR price, and complexity.
4. Stakeholders Desired Outcomes: The primary stakeholders in this program are ROR customers.
ROR customers include the retail level RIPs, the wholesale activity, and Maintenance Depots. RIPs maintain retail SECREP inventories in order to conduct single transaction one-for-one exchanges of SECREPs for their customers. RIPs and wholesale activities determine their own inventory levels and sourcing strategies, relying on organic repair capability, purchases from sources of supply (item managers), and contracted purchase or repair (including this SECREP LIS contract). Maintenance Depots rebuild major end items on industrial production lines. In order to effectively manage their inventory, ensure they have items on the shelf for exchange, and/or maintain production schedules, ROR customers desire a reliable, fixed unit price, fixed TAT SECREP ROR source and accountability of Government Furnished Material (GFM).
5. Performance Objectives: The performance objectives describe the objectives the contractor must meet in order to support the primary stakeholders’ desired outcomes. They are listed in the following table:
|Stakeholder Desired Outcome |Performance Objective |
|Maintain SECREP Inventory and/or |Exchange OEM spec SECREP at Government location |
|Stay on Schedule (Depot) | |
|Account for Government Material |Report GFM possessed by contractor |
|Flexibility |Add new SECREP to contract |
The attached Performance Requirements Summary (PRS) (Section J – Attachment 1) identifies the specific performance standards, acceptable quality levels and surveillance measurement techniques required for each performance objective. The NSN Detail list (Attachment 2) and individual configuration checklists indicate the level of work required for each item (Remanufacture, Overhaul or Repair).
6. Definitions: The following definitions are applicable to this PWS:
Exchange:
Exchange means transferring custody of a SECREP carcass from the Government to the contractor and then subsequently transferring custody of an OEM spec SECREP back to the government within a specified TAT. This exchange can be the return of the actual SECREP originally turned in as GFM, or a like item, at the integrator’s option. Although the Government anticipates that exchanges will generally involve the acceptance, ROR and subsequent return of the same actual SECREP, the integrator may choose to maintain a production line or inventory of items and return a like SECREP within the specified TAT for each item turned in. As this is primarily expected to be an ROR contract, the Government will not purchase or otherwise provide “seed stock” or inventory for the contractor, nor will the Government own any excess inventory in the contractor’s possession.
Government Furnished Materials (GFM):
GFM means the SECREP cores or carcasses turned over to the contractor during exchange.
OEM spec:
For the purposes of this contract, Original Equipment Manufacturer Specifications means that an item meets or conforms to a current set of published specifications as defined by the OEM.
Overhaul:
Overhaul is the complete disassembly, cleaning, evaluating, and reassembly of an item/assembly (to include all of its components and sub-components) for the purpose of replacing any parts that are out of tolerance for serviceability. Component parts that are within acceptable tolerance are reused. Overhauled items/assemblies must meet OEM specifications.
Remanufacture:
Remanufacturing is the process of returning a used, worn out, or otherwise unserviceable item/assembly to a condition that is as close to new as possible. The item/assembly is completely disassembled, cleaned, inspected, re-machined, reassembled, aligned/calibrated, and tested to ensure functional operation and conformance to quality standards. All core items are reworked to meet all of the OEM specifications thereby ensuring that the remanufactured item/assembly meets original equipment specifications. Wearable component parts such as bearings, rings, pistons, and gaskets are replaced per OEM instructions. Remanufactured items/assemblies are returned to a like new condition in regard to performance and reliability.
Remanufacture, Overhaul and Repair (ROR):
ROR means either the remanufacture, overhaul or the repair of a SECREP as determined by the specified ROR method for each NSN.
Repair:
Rework/replacement of failed component part(s) to restore an item/assembly to a serviceable condition that performs within the OEM's specification tolerances. Disassembly and reassembly of the item/assembly is limited to the extent necessary for rework/replacement of failed component part(s). Reliability and remaining service life of the item/assembly are determined by the aggregate condition of the item's associated component parts.
Turn Around Time (TAT):
Turn around time is the number of calendar days between when the contractor accepts custody of a SECREP carcass and when the Government receives an OEM spec SECREP in return.
7. Government Furnished Property: The Government will provide office space and warehouse space at each SECREP exchange location. Material Handling Equipment (MHE) sufficient to move and load/unload any SECREP will be available through coordination with the co-located Government facility operators.
8. Security: Contractor must comply with all specific security requirements in the contract and other requirements implicit in performing the required tasks.
9. Travel: No travel is required during standard operations beyond that inherent in meeting the performance requirements. During start-up the contractor will be required to attend a start of work meeting in Albany, Georgia at no additional cost to the Government.
10. Applicable Documents: Configuration checklists are located on the following website:
11. Place of Performance: The contractor is required to conduct exchanges at the following five locations both CONUS and OCONUS: Camp Pendleton, California; Barstow, California; Camp Lejeune, North Carolina; Albany, Georgia; and Okinawa, Japan.
12. Period of Performance: One base year with four one-year options.
SPECIAL INSTRUCTIONS
Special Instructions
1. Definitions Specific to this Contract:
Core Items: Core Items are components of an item that the contractor can expect to reuse during the ROR process. Any items designated as Core Items in the NSN configuration checklist which cannot be reused (e.g. out of tolerance, damaged or missing) in the ROR process shall be submitted as O&A.
Mandatory Replacement Items: Any items designated as mandatory replacement items in the NSN configuration checklist shall be replaced by the contractor during ROR and shall not be submitted as O&A in the case that they are missing or unserviceable.
Fair and Reasonable Wear: Any components of an item that are not designated Core Items or Mandatory Replacement Items are subject to O&A charges if they are missing or unserviceable due to damage above what would result from Fair and Reasonable Wear.
Special Packaging: Packaging specified by the Government in excess of that required in the PWS.
Turn Around Time (TAT): For the purposes of this contract, TAT is defined as the number of calendar days between when the contractor accepts an item for ROR (date/time on configuration checklist or when ZBE is posted via FTP, whichever is latest) and when the Government accepts an item back from ROR (date/time on DD 1348). The contract requires a specific TAT for each NSN as listed in Attachment 2 – NSN Detail list. Advanced Traceability and Control (ATAC) shipping time for Okinawa averages 12 days (above the specified TAT), however the contractor is not responsible for ATAC delay which is out of their control. TAT extensions will be negotiated/definitized for items requiring O&A.
Tear Down and Evaluation (TD&E): TD&E cost/price is the cost to conduct the initial TD&E of an item (including only outbound shipping), and is included in each ROR price. In cases where an O&A requirement is identified by the contractor during ROR and the Government determines that it will not approve the O&A charges, the contractor will be paid only the TD&E price for that item (not the entire ROR price) and will be provided disposition instructions for the item (e.g. return ship using ATAC at government expense or dispose of the item locally). Because TD&E is included in the ROR price, the separate TD&E and ROR prices shall not be paid for the same item. TD&E costs are not redeterminable.
Government Furnished Material (GFM): Items (carcasses) turned in to the integrator for ROR shall be considered Government-Furnished Material.
2. Ordering Procedures:
Services will be ordered by the Contracting Officer through a Task Order (TO) via facsimile, mail or electronic commerce (typically email). A TO will contain the following information, if applicable, consistent with the terms of the contract:
a. Date of order
b. Contract number and task order number
c. Order Value
d. Period of performance
e. Place of performance (Turn-in locations)
f. Any other pertinent information
During the period of performance specified in a valid TO, the contractor shall accept items listed on this contract for ROR from Government Personnel designated in writing by the COR as authorized to turn in equipment; as long as the total expected ROR price of that item, plus the previous ROR, TD&E or approved O&A costs do not exceed the overall Order Value of that TO. The contractor shall not accept items for ROR which are not explicitly on contract, from personnel not designated in writing by the COR, that would result in a total TO value in excess of the remaining funds available on the TO, or that are initiated outside the period of performance. Once either the period of performance or order value of a TO is reached no further work shall be accepted, completed or billed under that TO. Any remaining, unused period of performance or Order Value shall revert to the Government via bilateral modification to the TO.
2.1 Verbal orders may be placed by a Contracting Officer in situations when a completed TO cannot be issued immediately. The Contractor shall confirm verbal orders via e-mail. The Ordering Officer will validate by TO, or equivalent, any verbal order placed within one (1) business day.
3. Billing Information: When an invoice is submitted to WAWF the contractor shall submit, as an attachment in WAWF, a list of all completed ROR, TD&E and approved O&A charges by individual item referencing the “Contractor’s transaction identification number” (see Section 13 - Status Updates) as supporting documentation for the Government.
4. Scope of this Contract: The scope of this contract covers Marine Corps Ground Equipment Secondary Reparable items [like the items on the eLIN]. When new items are fielded by the Marine Corps to replace similar items currently included in this contract, those replacement items shall be considered within the scope of this contract. When new Marine Corps Ground Equipment Secondary Reparable items of a type included on this contract other than replacements for items currently included in this contract require Remanufacture, Overhaul or Repair, the contracting officer will make a determination as to whether the items are within the original scope of this contract based on their similarity to existing items in type, purpose, estimated ROR price, and complexity. New or replacement items will be added to the contract in accordance with section 5.
For the following NSNs, approval must be obtained prior to using other than the listed sources:
|NSN |Source |
|6675015497931 |HARRIS |
|5998015497099 |HARRIS |
|5998015494751 |HARRIS |
|5998015490575 |HARRIS |
|5998015490537 |HARRIS |
|5998015490527 |HARRIS |
|5998015490499 |HARRIS |
|5998015490437 |HARRIS |
|5998015490424 |HARRIS |
|5998015490401 |HARRIS |
|5998015489442 |HARRIS |
|5998015487330 |HARRIS |
|5996014851271 |HARRIS |
|5985015497965 |HARRIS |
|5985015497623 |HARRIS |
|5985015497092 |HARRIS |
|5975015498107 |HARRIS |
|5895015569538 |GDLS-C |
|5895015490503 |HARRIS |
|4440014401321 |HARRIS |
|2530011418617 |HAMILTON SUNDSTRAND |
|2530011250461 |HAMILTON SUNDSTRAND |
|1290015338761 |ESPEY |
|1005011727725 |GDLS |
5. Addition of Items to the Contract: When an item not currently listed in the ROR eLIN requires ROR, the contracting officer shall negotiate a bilateral modification to the contract to add the additional item IAW the changes clause (52.243-1). The contractor shall comply with all applicable contract clauses, including contract clause 52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data-Modifications: Alternate III, for each modification expected to result in a unit price totaling in excess of $3,000 the contractor shall include information (other than cost or pricing data) necessary to determine whether prices are fair and reasonable. This information shall consist of three competitively obtained quotes from different subcontractors, or proof of commercial sales of the same item at the same or higher price in a competitive marketplace within the past year, or a statement of the reason neither of the previous two could be obtained and the contractor’s opinion based on market research as to how the quoted price is determined to be fair and reasonable IAW FAR 15.404-1(b); and any additional burden or overhead and profit (as a percentage or dollar value) resulting in the total proposed price.
6. Implementation of DFARS 252.217-7028: Standard Over and Above (O&A) work is considered to include only actual parts and materials costs. No labor for providing quotes or researching parts shall be included. This Section sets forth the procedures specified in DFARS Clause 252.217-7028 paragraph (b) for Standard O&A work. The need for Over and Above work shall be identified within 25 days of item turn in. When the contractor discovers that Over and Above work, as defined in the subject clause and elsewhere in the contract, is required to return an item to the specified condition, the contractor shall, within 5 working days, submit to the Contracting Officer’s Representative (COR) an Over and Above work request, in the format specified in Section J - Attachment 4, and including the following other than cost or pricing information authorized by FAR Clause 52.215-21 Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data-Modifications: Alternate III, For each work request totaling in excess of $3,000 the contractor shall include information (other than cost or pricing data) necessary to determine whether material prices are fair and reasonable. This information shall consist of three competitively obtained quotes from different subcontractors, or proof of commercial sales of the same item at the same price in a competitive marketplace within the past year, or evidence that prices were obtained from a current published commercial catalogue, or a statement of the reason none of the previous could be obtained and the contractor’s opinion based on market research as to how the quoted price is determined to be fair and reasonable IAW FAR 15.404-1(b). The Over and Above Work request shall also include a proposed new TAT, consisting of the estimated time to obtain and install the parts, complete any other work specified by the contract, and to return the item to its originating location. Upon approval of the O&A Work Request by the contracting officer, the price and TAT are fixed and contractually binding. If the contractor believes that an item is Beyond Physical Repair (BPR) the O&A work request will state as much and provide justification.
6.1 IUID Marking: This is a service contract and IUID marking of Government Furnished Equipment used in performance of this contract is not required. If, during contract performance, the Marine Corps determines that IUID marking of existing equipment during the ROR process is advantageous to the Government, this work shall be considered Over & Above work, and will be executed in accordance with DFARS 252.217-7028, with the exception that because IUID marking is non-standard work extra labor costs may be considered during negotiation of the O&A amount, in addition to parts and materials.
6.2 Special Packaging: If, during contract performance, the Marine Corps determines that special packaging of equipment during the ROR process is advantageous to the Government, this work shall be considered Over & Above work, and will be executed in accordance with DFARS 252.217-7028, with the exception that because special packaging is non-standard work extra labor costs may be considered during negotiation of the O&A amount, in addition to materials.
7. Exchange Locations: The contractor is required to conduct exchanges at the following 5 locations:
1. Camp Pendleton, California: MMFAG8, MMFAG2 (Hawaii)
2. Camp Lejeune, North Carolina: MMFAF5, MMFAH7 (Quantico)
3. Okinawa: MMFAF7
4. Albany, Georgia: MMFAK9, MMFAX1, M98573 (MPB), MMFAL1 (OIF), MMFAF8 (OEF), MMFAU1 (BIC)
5. Barstow, California: M93636
8. Shipping: The integrator shall use ATAC to ship to and from Okinawa at government expense. The contractor shall determine the shipping destination when shipping from Okinawa via ATAC (i.e. the contractor may choose to ship ATAC from Okinawa directly to his subcontracted repair facility and vice versa). An additional 12 days shall be added to the required TAT for shipments using ATAC, however, contractor shall not be responsible for ATAC shipping delays. All other shipping to and from actual ROR facilities is the responsibility of the integrator.
9. Warranty: The integrator shall warrant all RORs to perform to OEM specifications for the period specified in the NSN list (including specific shelf and/or usage warranties). For items designated as “repair”, only the repair is warranted. In the event that an item designated as “remanufacture” or “overhaul” fails to conform to OEM specs during the warranty period or is turned in for ROR, or a repair fails, the contractor shall identify that the item is under warranty and return the SECREP to OEM specifications within the originally specified TAT at no cost to the government except the contractor may use ATAC shipping to and from Okinawa. If the contractor determines that the warranty is fully or partially voided, he shall submit an O&A request for the required work to return the SECREP to OEM specifications including shipping as required. Provide a Warranty Resolution Report via a mutually agreed to format containing the following information:
|REQUIRED INFORMATION |ITEM DESCRIPTION |
|ZBE REQUISITION NUMBER |ZBE DOCUMENT NUMBER FROM RIP |
|NSN |NSN OF SECREP BEING WARRANTED |
|NOMENCLATURE |NOMENCLATURE OF SECREP BEING WARRANTED |
|SERIAL NUMBER |SERIAL NUMBER OF SECREP BEING WARRANTED |
|TASK ORDER |CURRENT TASK ORDER FOR DOCUMENT NUMBER |
|ACCEPTED OR DENIED |ACCEPTED OR DENIED |
|DISCREPANCY |DESCRIPTION OF ORIGINAL FAULT |
|ACTION TAKEN |DESCRIPTION OF WHAT WORK WAS PERFORMED TO VALIDATE WARRANTY CLAIM |
|WARRANTY DENIAL JUSTIFICATION |EXPLANATION ON WHY WARRANTY WAS DENIED |
|NEW WARRANTY |YES OR NO |
|NEW WARRANTY DATE |DATE NEW WARRANTY EXPIRES |
|TOTAL COST |TOTAL COST TO REPAIR IF WARRANTY DENIED |
10. Packaging: There are 3 categories of standard packaging responsibilities (not including special packaging as described in the O&A procedures). Integrator is responsible for packaging all SECREPs that weigh 150 pounds or to provide containers for all self contained SECREPs. The integrator must return all containers for self-contained SECREPs and replace any containers damaged during ROR prior to return shipping.
11. Configuration Checklists: Each NSN has a unique configuration checklist incorporated by reference in the contract (available on the website ). Upon turnover of the item from the government to the contractor and vice versa a joint inspection will be conducted by a government and a contractor representative in accordance with the configuration checklist. A physical or electronic copy of the completed checklist (signed by both representatives) shall be maintained by the contractor and available for viewing at the exchange location.
12. Performance Assessment Plan (PAP): The Government’s PAP includes monitoring of the metrics included in the Performance Requirements Summary (PRS)(Section J – Attachment 1). The contractor is responsible for capturing, calculating and displaying the metrics specified in the PRS, and making them available to the Government in accordance with Section 14. Asset Visibility.
13. Status Updates: Each day that assets are turned in for ROR, the Government will provide via FTP to the contractor’s designated server, a single text file with 80 card column (cc) ZBE Transactions for each ROR (example provided as Section J - Attachment 3). The contractor shall extract the NSN and Document Number from the ZBE and create an asset visibility record for each Document Number (document numbers are unique). The following table describes the fields (by card column) in the ZBE and the information that the contractor must capture for later use:
|ZBE Format (Gov’t FTP to contractor) |
|cc |Information in ZBE |Information to Capture |
|1-3 |Document Identifier Code | |
|4-6 |Routing Identifier Code | |
|7 |Media & Status Code | |
|8-22 |National Stock Number |National Stock Number |
|23-24 |Unit of Issue |Unit of Issue |
|25-29 |Quantity |Quantity |
|30-35 |Activity Address Code |Document Number |
|36-39 |Julian Date | |
|40-43 |Serial Number | |
|44 |Demand Code | |
|45-50 |Supplementary Address | |
|51 |Signal Code | |
|52-53 |Fund Code | |
|54 |Distribution Code | |
|54-56 |Weapon System Code | |
|57-59 |Project Code | |
|60-61 |Priority Code |Priority Designator |
|62-64 |Required Delivery Date | |
|65-66 |Advice Code | |
|67 |Control Code | |
|68 |Passing Control Code | |
|69-75 |Unit Price | |
|76-80 |Recommended Quantity | |
Within one working day of receipt of the ZBE via FTP the contractor shall send an AE1 transaction via the Defense Automated Addressing Service Center (DAASC) in 80cc format (see MILSTRIP AE_ description table below), and make a flat text file (containing a rollup of all transactions for that day) available for download via FTP by the Government from the contractor’s designated server. This flat file shall also include any records with updates to EDD or status (see Contractor Status FTP description table below). At any point during contract performance when the Estimated Shipping Date provided in the initial AE1 becomes invalid and must be extended the contractor shall send another AE1 transaction with updated Estimated Shipping Date (cc’s 70-73) via the DAASC. Within one working day of return shipment of an item to the original issue point the contractor shall send an AS1 transaction via DAASC (see MILSTRIP AS_ description table below).
|MILSTRIP (AE_) Description Table |
|cc |INFORMATION |Remarks |
|1-3 |Document Identifier (AE_) |Always use AE1 |
|4-6 |Routing Identifier Code (RIC) |Integrator RIC (ex: “LC4”) |
|7 |Media and Status Code |Always “S” |
|8-22 |National Stock Number (NSN) |From ZBE |
|23-24 |Unit of Issue |From ZBE |
|25-29 |Quantity (QTY) |From ZBE |
|30-43 |Requisition Document Number |From ZBE |
|44 |Suffix |Leave Blank |
|45-50 |Supplementary Address |Always Integrator DODAAC (ex: "L00216”) |
| 51 |Signal Code |Always “A” |
|52-53 |Fund Code |Use company fund code (ex: “RT” ) |
|54-56 |Distribution Code |Leave Blank |
|57-59 |Project Code |Leave Blank |
|60-61 |Priority Designator |Use from ZBE (ex: “02”,”03”,”05”) |
|65-66 |Status |Always “BB” |
|70-73 |Estimated Shipping Date (ESD) |Use Julian Date |
|Contractor Status FTP Description Table |
|INFORMATION |Remarks |
|Contractor’s Transaction Identification number |Whatever reference number the contractor uses in WAWF billing to identify this |
| |transaction |
|Document Number |Document number from the original ZBE |
|NSN |From ZBE |
|Status |Current status of item (possible statuses to be determined through mutual agreement). |
|Turn in date |Later of ZBE or date/time on configuration checklist. |
|Return date |Date/time on DD 1348 (when item is returned to Government) |
|Estimated Delivery Date (EDD) |Estimated date item will be returned to Customer |
|Warranty Claimed |Is this a warranty claim (Yes or No)? |
|Warranty Honored |Was the warranty honored (Yes or No)? |
|MILSTRIP (AS_) Description Table |
|cc |INFORMATION |Remarks |
|1-3 |Document Number (AS_) |Always use “AS1” |
|4-6 |Routing Identifier Code |Integrator RIC (ex: “LC4”) |
|7 |Media and Status Code |Always use “S” |
|8-20 |NSN |From ZBE |
|23-24 |Unit of Issue |From ZBE |
|25-29 |QTY |From ZBE |
|30-43 |Requisition Document Number |From ZBE |
|44 |Suffix |Leave Blank |
|45-50 |Supplementary Address |Always Integrator DODAAC (ex:”L00216”) |
|51 |Hold Code |Leave Blank |
|52-53 |Fund Code |Use Intgegrator fund code (Ex: “RT”) |
|54-56 |Distribution code |Leave Blank |
|57-59 |Date Shipped |Use Julian Date shipped |
|60-76 |Transportation Control Number |Leave Blank or provide tracking number |
|77 |Mode of Shipment |Always use “X” |
14. Asset Visibility: The contractor shall provide visibility of Government-owned assets in the contractor’s possession, and historical records, to designated Government personnel via a password-protected commercial website viewable from Navy Marine Corps Internet (NMCI or replacement) computers (i.e. no plug-ins or installation of software is allowed). This asset visibility shall include the ability to view several standard reports (such as All Open Orders, All Open Warranties, O&A roll-up, and a report for each PRS metric); create new reports as required; search, sort and filter; and download data to Microsoft Excel. The contractor shall capture and provide visibility of all information for each Document Number (ROR transaction) required to calculate the metrics specified in the PRS (receipt and return dates, whether warranty claimed and/or honored, etc.); to assist with billing (contract price and task order number); to identify and operate the warranty program (shelf and usage warranty dates and item serial number); and to manage Over & Above transactions (approved O&A price, O&A extension, etc.). The contractor shall tag or otherwise mark as appropriate any unserialized item turned in for ROR with a serial number for the purpose of asset visibility and warranty management."
15. Prospective Price Redetermination: No more than 90 and no less than 60 days prior to the end of each option period the contractor shall submit a request for prospective price redetermination for any unit ROR prices whose underlying basis (i.e. subcontractor material cost, transportation cost, and direct material cost) has increased or decreased more than 5%. Prices not subject to a greater than 5% change in basis shall not be adjusted through the mechanism of this clause. TD&E prices are not redeterminable through this clause. The contractor’s competitively established burden for each unit price (including their own overhead, profit, etc.) shall not be adjusted through the mechanism of this clause. Labor shall only be adjusted via the Service Contract Act clause. The contractor shall submit with their request for prospective price redetermination the necessary documentation from the subcontractor to support a determination that the new price is fair and reasonable including, but not limited to, published commercial prices, evidence of recent sales to other customers, other than cost and pricing data, or cost and pricing data. The updated price list will be negotiated and incorporated into the contract via modification. In the event that an agreement cannot be reached prior to the first day of the new option period, the Contracting Officer shall issue a decision in accordance with the disputes clause, and pending final settlement of the disagreement on appeal, by failure to appeal, or by agreement, this decision shall be treated as an executed contract modification.
Additional Instructions
CONTRACTOR PERSONNEL IDENTITY AND PROCUREMENT SENSITIVE RESPONSIBILITIES
a. The Marine Corps Logistics Base Albany Ga (MCLBA) Pass and ID Office, Building 3010, is responsible for issuing badges and Common Access Cards (CAC) to all contractor and subcontractor employees in need of access or performing work on the installation. The information required to be submitted by the contractor will be determined by the governing regulations and policies at the time of the contractor’s request.
b. There will be instances in which contractor employees will only be issued the CAC. When this occurs and in addition to the CAC, the contractor will ensure that all contractor employees display a contractor badge with their name and their company name on their person while on board the installation or on official duty elsewhere.
c. When communicating (telephone, email, meetings, etc) with Government personnel, contractor employees must first identify themselves as contractor employees.
d. When conducting any form of communication with Government personnel, contractor employees must immediately excuse themselves if procurement sensitive or similar information inappropriately enters the discussion in their presence.
APPOINTMENT OF CONTRACTING OFFICER'S REPRESENTATIVE (COR)
(a) The Contracting Officer hereby appoints the following individual as the COR for this contract:
Name: Marcia M. Jewell
Address: Supply Management Center
Code P561B
814 Radford Blvd
Marine Corps Logistics Command
Albany, GA 31704
Commercial No: (229) 639-8275
FAX No: (229) 639-6749
E-Mail: marcia.jewell@usmc.mil
APPOINTMENT OF CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR)
(a) The Contracting Officer hereby appoints the following individual as the COTR for this contract. The COTR will assist the COR in their duties :
Name: Ginger H. Brown
Address: Supply Management Center
Code P561B
814 Radford Blvd
Marine Corps Logistics Command
Albany, GA 31704
Commercial No: (229) 639-8298
FAX No: (229) 639-6749
E-Mail: ginger.brown@usmc.mil
EXCESS GOVERNMENT FURNISHED MATERIAL (GFM)
Within 10 days after final delivery, the contractor shall notify the Procuring Contracting Officer (PCO) of any excess Government furnished property and will retain the excess quantity pending disposition instructions from the PCO.
Section D - Packaging and Marking
Additional Instructions
PACKAGING, PACKING AND MARKING
Commercial packaging in accordance with ASTM D3951-98; mark per MIL-STD-129 (latest revision) utilizing the Military Shipping Label (MSL) therein. The use of fire retardant material for wrapping, cushioning and packaging is desired.
NOTE: Failure to properly follow specified marking instructions may result in a delay in payment and any such delay shall not constitute grounds for payment of any interest pursuant to the Prompt Payment Act (Public Law 97-177).
MARKING OF RADIOACTIVE ITEMS
In accordance with the “Notice of Radioactive Materials” clause within this contract, all containers in which radioactive items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD-129.
NOTE: Failure to properly follow specified marking instructions may result in a delay in payment and any such delay shall not constitute grounds for payment of any interest pursuant to the Prompt Payment Act (Public Law 97-177).
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at: applicable DoDAAC’s will be cited on each task order.
|CLIN |INSPECT AT |INSPECT BY |ACCEPT AT |ACCEPT BY |
|0001 |Destination |Government |Destination |Government |
|0002 |Destination |Government |Destination |Government |
|1001 |Destination |Government |Destination |Government |
|1002 |Destination |Government |Destination |Government |
|2001 |Destination |Government |Destination |Government |
|2002 |Destination |Government |Destination |Government |
|3001 |Destination |Government |Destination |Government |
|3002 |Destination |Government |Destination |Government |
|4001 |Destination |Government |Destination |Government |
|4002 |Destination |Government |Destination |Government |
CLAUSES INCORPORATED BY REFERENCE
|52.246-2 |Inspection Of Supplies--Fixed Price |AUG 1996 | |
|52.246-4 |Inspection Of Services--Fixed Price |AUG 1996 | |
|52.246-16 |Responsibility For Supplies |APR 1984 | |
|252.246-7000 |Material Inspection And Receiving Report |MAR 2008 | |
Section F - Deliveries or Performance
DELIVERY INFORMATION
|CLIN |DELIVERY DATE |QUANTITY |SHIP TO ADDRESS |UIC |
| | | | | |
|0001 |POP 22-SEP-2010 TO |To be cited at task |To be cited at task order level. |To be cited at task |
| |21-SEP-2011 |order level. |FOB: Destination |order level. |
| | | | | |
|0002 |POP 22-SEP-2010 TO |To be cited at task |To be cited at task order level. |To be cited at task |
| |21-SEP-2011 |order level. |FOB: Destination |order level. |
| | | | | |
|1001 |POP 22-SEP-2011 TO |To be cited at task |To be cited at task order level. |To be cited at task |
| |21-SEP-2012 |order level. |FOB: Destination |order level. |
| | | | | |
|1002 |POP 22-SEP-2011 TO |To be cited at task |To be cited at task order level. |To be cited at task |
| |21-SEP-2012 |order level. |FOB: Destination |order level. |
| | | | | |
|2001 |POP 22-SEP-2012 TO |To be cited at task |To be cited at task order level. |To be cited at task |
| |21-SEP-2013 |order level. |FOB: Destination |order level. |
| | | | | |
|2002 |POP 22-SEP-2012 TO |To be cited at task |To be cited at task order level. |To be cited at task |
| |21-SEP-2013 |order level. |FOB: Destination |order level. |
| | | | | |
|3001 |POP 22-SEP-2013 TO |To be cited at task |To be cited at task order level. |To be cited at task |
| |21-SEP-2014 |order level. |FOB: Destination |order level. |
| | | | | |
|3002 |POP 22-SEP-2013 TO |To be cited at task |To be cited at task order level. |To be cited at task |
| |21-SEP-2014 |order level. |FOB: Destination |order level. |
| | | | | |
|4001 |POP 22-SEP-2014 TO |To be cited at task |To be cited at task order level. |To be cited at task |
| |21-SEP-2015 |order level. |FOB: Destination |order level. |
| | | | | |
|4002 |POP 22-SEP-2014 TO |To be cited at task |To be cited at task order level. |To be cited at task |
| |21-SEP-2015 |order level. |FOB: Destination |order level. |
CLAUSES INCORPORATED BY REFERENCE
|52.242-15 |Stop-Work Order |AUG 1989 | |
|52.242-17 |Government Delay Of Work |APR 1984 | |
|52.247-34 |F.O.B. Destination |NOV 1991 | |
|52.247-52 |Clearance and Documents Requirements-Shipments to DOD Air or Water |FEB 2006 | |
| |Terminal Transshipment Points | | |
Section G - Contract Administration Data
G-1. ACCOUNTING AND APPROPRIATION DATA
Funding/Line of Accounting (LOA) and ACRN to be sited on each individual task order.
Additional Instructions
ADDRESS OF ACO AND PCO
(a) After award, all inquiries and correspondence relative to administration of this contract shall be directed via email to the Administrative Contracting Officer cited in Block 24 of Standard Form 33 or Block 6 of Standard Form 26 with a copy to the address shown in (b) upon request.
(b) Upon award, address of the Procuring Contracting Officer will be as follows:
CONTRACTS DEPARTMENT
ATTN: BARBARA A. BANKS (S1922)
814 RADFORD BLVD, STE 20270
MARINE CORPS LOGISTICS COMMAND
ALBANY, GEORGIA 31704-1128
Section H - Special Contract Requirements
H-1. ORDERING PROCEDURES
As required in FAR clause 52.216-18, orders under this contract may also be issued orally, by facsimile, or by electronic commerce methods.
H-2. WAGE DETERMINATIONS
As identified on Attachment 5, the following wage determinations are in affect for this contract unless updated through a modification.
Wage Determination No.: 2005-2053 Revision No.:10
Date Of Revision: 05/26/2009
-----------------------------------------------------------------------
Wage Determination No.: 2005-2057 Revision No.: 9
Date of Last Revision: 5/26/2009
----------------------------------------------------------------------
Wage Determination No.: 2005-2131 Revision No.: 9
Date Of Revision: 08/15/2009
-----------------------------------------------------------------------
Wage Determination No.: 2005-2393 Revision No.: 9
Date Of Revision: 05/26/2009
-----------------------------------------------------------------------
H-3. SUBCONTRACTING
As stated in the Section M, 5.0 Volume III Small Business Participation, we are incorporating Raytheon’s target of 3% for Small Disadvantaged Businesses. As stated in Section M: Contractors with SDB participation targets are required to report SDB participation. You must notify the Contracting Officer of any non-SDB substitutions to your plan.
CLAUSES INCORPORATED BY FULL TEXT
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.
(End of clause)
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
|52.202-1 |Definitions |JUL 2004 | |
|52.203-3 |Gratuities |APR 1984 | |
|52.203-5 |Covenant Against Contingent Fees |APR 1984 | |
|52.203-6 |Restrictions On Subcontractor Sales To The Government |SEP 2006 | |
|52.203-7 |Anti-Kickback Procedures |JUL 1995 | |
|52.203-8 |Cancellation, Rescission, and Recovery of Funds for Illegal or Improper |JAN 1997 | |
| |Activity | | |
|52.203-10 |Price Or Fee Adjustment For Illegal Or Improper Activity |JAN 1997 | |
|52.203-12 |Limitation On Payments To Influence Certain Federal Transactions |SEP 2007 | |
|52.203-13 |Contractor Code of Business Ethics and Conduct |DEC 2008 | |
|52.204-4 |Printed or Copied Double-Sided on Recycled Paper |AUG 2000 | |
|52.204-7 |Central Contractor Registration |APR 2008 | |
|52.204-9 |Personal Identity Verification of Contractor Personnel |SEP 2007 | |
|52.204-10 |Reporting Executive Compensation and First-Tier Subcontract Awards |JUL 2010 | |
|52.209-6 |Protecting the Government's Interest When Subcontracting With Contractors |SEP 2006 | |
| |Debarred, Suspended, or Proposed for Debarment | | |
|52.211-5 |Material Requirements |AUG 2000 | |
|52.211-15 |Defense Priority And Allocation Requirements |APR 2008 | |
|52.215-2 |Audit and Records--Negotiation |MAR 2009 | |
|52.215-8 |Order of Precedence--Uniform Contract Format |OCT 1997 | |
|52.215-14 |Integrity of Unit Prices |OCT 1997 | |
|52.215-21 |Requirements for Cost or Pricing Data or Information Other Than Cost or |OCT 1997 | |
| |Pricing Data--Modifications | | |
|52.215-21 Alt III |Requirements for Cost or Pricing Data or Information Other Than Cost or |OCT 1997 | |
| |Pricing Data--Modifications (Oct 1997) - Alternate III | | |
|52.219-4 |Notice of Price Evaluation Preference for HUBZone Small Business Concerns |JUL 2005 | |
|52.219-8 |Utilization of Small Business Concerns |MAY 2004 | |
|52.219-25 |Small Disadvantaged Business Participation Program--Disadvantaged Status |APR 2008 | |
| |and Reporting | | |
|52.219-28 |Post-Award Small Business Program Rerepresentation |APR 2009 | |
|52.222-3 |Convict Labor |JUN 2003 | |
|52.222-4 |Contract Work Hours and Safety Standards Act - Overtime Compensation |JUL 2005 | |
|52.222-19 |Child Labor -- Cooperation with Authorities and Remedies |AUG 2009 | |
|52.222-21 |Prohibition Of Segregated Facilities |FEB 1999 | |
|52.222-26 |Equal Opportunity |MAR 2007 | |
|52.222-29 |Notification Of Visa Denial |JUN 2003 | |
|52.222-35 |Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam |SEP 2006 | |
| |Era, and Other Eligible Veterans | | |
|52.222-36 |Affirmative Action For Workers With Disabilities |JUN 1998 | |
|52.222-37 |Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam |SEP 2006 | |
| |Era, and Other Eligible Veterans | | |
|52.222-39 |Notification of Employee Rights Concerning Payment of Union Dues or Fees |DEC 2004 | |
|52.222-41 |Service Contract Act Of 1965 |NOV 2007 | |
|52.222-43 |Fair Labor Standards Act And Service Contract Act - Price Adjustment |SEP 2009 | |
| |(Multiple Year And Option) | | |
|52.222-50 |Combating Trafficking in Persons |FEB 2009 | |
|52.222-54 |Employment Eligibility Verification |JAN 2009 | |
|52.222-99 (Dev) |Notification of Employee Rights under the National Labor Relations Act |JUN 2010 | |
| |(DEVIATION 2010-O0013) | | |
|52.223-2 |Affirmative Procurement of Biobased Products Under Service and |DEC 2007 | |
| |Construction Contracts | | |
|52.223-3 |Hazardous Material Identification And Material Safety Data |JAN 1997 | |
|52.223-5 |Pollution Prevention and Right-to-Know Information |AUG 2003 | |
|52.223-6 |Drug-Free Workplace |MAY 2001 | |
|52.223-12 |Refrigeration Equipment and Air Conditioners |MAY 1995 | |
|52.223-14 |Toxic Chemical Release Reporting |AUG 2003 | |
|52.225-13 |Restrictions on Certain Foreign Purchases |JUN 2008 | |
|52.227-1 |Authorization and Consent |DEC 2007 | |
|52.227-2 |Notice And Assistance Regarding Patent And Copyright Infringement |DEC 2007 | |
|52.227-14 |Rights in Data--General |DEC 2007 | |
|52.228-3 |Worker's Compensation Insurance (Defense Base Act) |APR 1984 | |
|52.228-4 |Workers' Compensation and War-Hazard Insurance Overseas |APR 1984 | |
|52.228-5 |Insurance - Work On A Government Installation |JAN 1997 | |
|52.229-3 |Federal, State And Local Taxes |APR 2003 | |
|52.232-1 |Payments |APR 1984 | |
|52.232-8 |Discounts For Prompt Payment |FEB 2002 | |
|52.232-11 |Extras |APR 1984 | |
|52.232-17 |Interest |OCT 2008 | |
|52.232-18 |Availability Of Funds |APR 1984 | |
|52.232-23 |Assignment Of Claims |JAN 1986 | |
|52.232-25 |Prompt Payment |OCT 2008 | |
|52.232-33 |Payment by Electronic Funds Transfer--Central Contractor Registration |OCT 2003 | |
|52.233-1 |Disputes |JUL 2002 | |
|52.233-1 Alt I |Disputes (Jul 2002) - Alternate I |DEC 1991 | |
|52.233-3 |Protest After Award |AUG 1996 | |
|52.233-4 |Applicable Law for Breach of Contract Claim |OCT 2004 | |
|52.237-2 |Protection Of Government Buildings, Equipment, And Vegetation |APR 1984 | |
|52.237-3 |Continuity Of Services |JAN 1991 | |
|52.242-13 |Bankruptcy |JUL 1995 | |
|52.243-1 |Changes--Fixed Price |AUG 1987 | |
|52.243-1 Alt II |Changes--Fixed-Price (Aug 1987) - Alternate II |APR 1984 | |
|52.244-6 |Subcontracts for Commercial Items |AUG 2009 | |
|52.245-1 |Government Property |JUN 2007 | |
|52.245-1 Alt I |Government Property (Jun 2007) Alternate I |JUN 2007 | |
|52.245-9 |Use And Charges |JUN 2007 | |
|52.246-23 |Limitation Of Liability |FEB 1997 | |
|52.246-25 |Limitation Of Liability--Services |FEB 1997 | |
|52.247-63 |Preference For U.S. Flag Air Carriers |JUN 2003 | |
|52.247-64 |Preference for Privately Owned U.S. - Flag Commercial Vessels |FEB 2006 | |
|52.248-1 |Value Engineering |FEB 2000 | |
|52.249-2 |Termination For Convenience Of The Government (Fixed-Price) |MAY 2004 | |
|52.249-8 |Default (Fixed-Price Supply & Service) |APR 1984 | |
|52.251-1 |Government Supply Sources |APR 1984 | |
|52.253-1 |Computer Generated Forms |JAN 1991 | |
|252.203-7000 |Requirements Relating to Compensation of Former DoD Officials |JAN 2009 | |
|252.203-7001 |Prohibition On Persons Convicted of Fraud or Other |DEC 2008 | |
| |Defense-Contract-Related Felonies | | |
|252.203-7002 |Requirement to Inform Employees of Whistleblower Rights |JAN 2009 | |
|252.204-7000 |Disclosure Of Information |DEC 1991 | |
|252.204-7003 |Control Of Government Personnel Work Product |APR 1992 | |
|252.204-7004 Alt A |Central Contractor Registration (52.204-7) Alternate A |SEP 2007 | |
|252.205-7000 |Provision Of Information To Cooperative Agreement Holders |DEC 1991 | |
|252.209-7004 |Subcontracting With Firms That Are Owned or Controlled By The Government |DEC 2006 | |
| |of a Terrorist Country | | |
|252.217-7028 |Over And Above Work |DEC 1991 | |
|252.219-7004 |Small Business Subcontracting Plan (Test Program) |AUG 2008 | |
|252.222-7002 |Compliance With Local Labor Laws (Overseas) |JUN 1997 | |
|252.223-7006 |Prohibition On Storage And Disposal Of Toxic And Hazardous Materials |APR 1993 | |
|252.225-7002 |Qualifying Country Sources As Subcontractors |APR 2003 | |
|252.225-7004 |Report of Contract Performance Outside the United States and |MAY 2007 | |
| |Canada--Submission after Award | | |
|252.225-7006 |Quarterly Reporting of Actual Contract Performance Outside the United |MAY 2007 | |
| |States | | |
|252.225-7012 |Preference For Certain Domestic Commodities |DEC 2008 | |
|252.225-7013 |Duty-Free Entry |OCT 2006 | |
|252.225-7016 |Restriction On Acquisition Of Ball and Roller Bearings |MAR 2006 | |
|252.225-7021 |Trade Agreements |NOV 2009 | |
|252.225-7041 |Correspondence in English |JUN 1997 | |
|252.226-7001 |Utilization of Indian Organizations and Indian-Owned Economic Enterprises,|SEP 2004 | |
| |and Native Hawaiian Small Business Concerns | | |
|252.227-7013 |Rights in Technical Data--Noncommercial Items |NOV 1995 | |
|252.227-7016 |Rights in Bid or Proposal Information |JUN 1995 | |
|252.227-7030 |Technical Data--Withholding Of Payment |MAR 2000 | |
|252.232-7003 |Electronic Submission of Payment Requests and Receiving Reports |MAR 2008 | |
|252.232-7010 |Levies on Contract Payments |DEC 2006 | |
|252.243-7001 |Pricing Of Contract Modifications |DEC 1991 | |
|252.244-7000 |Subcontracts for Commercial Items and Commercial Components (DoD |AUG 2009 | |
| |Contracts) | | |
|252.246-7003 |Notification of Potential Safety Issues |JAN 2007 | |
CLAUSES INCORPORATED BY FULL TEXT
52.216-18 Ordering. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through date of contract termination.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.216-19 Order Limitations. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $25 million;
(2) Any order for a combination of items in excess of $45,800,000; or
(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.216-22 Indefinite Quantity. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the date of the last order plus the maximum TAT as identified in Attachment 2, plus allowable delays as authorized per the Over and Above instructions.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the end of the previous contract period.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of the end of the previous contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years and 6 months.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
|Employee Class |Grade |Monetary Wage/per hour |
|Quality Assurance Analyst |GS-12 |$30.53 |
|Computer Systems Analyst I |GS-12 |$30.53 |
|Applications Engineer |GS-13 |$36.31 |
|Applications Programmer |GS-13 |$36.31 |
|Configuration Mgt Specialist |GS-12 |$30.53 |
|Operations Manager |GS-12 |$30.53 |
|Hardware Specialist |WG-09 |$23.70 |
|Hardware Draftsman |WG-08 |$20.43 |
|Electronics Technician, Maintenance Level I, |WG-07 |$19.62 |
|II, III | | |
|Laborer |WG-02 |$10.79 |
|Forklift Operator |WG-02 |$10.79 |
|Truck Driver, Level I, II, III |WG-02 |$10.79 |
|Heavy Equipment Mechanic |WG-05 |$15.61 |
Fringe Benefits
1) Ten paid holidays
2) Paid annual leave (vacation) of two hours each week for employees with less than three years of service, three hours each week for employees with three years but less than fifteen years of service, and four hours each week for employees with fifteen or more years of service.
(End of Clause)
52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)
(a) The Contractor shall notify the Contracting Officer or designee, in writing, 10* days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).
* The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary safety and health precautions. See FAR 23.601(d).
(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall-
(1) Be submitted in writing;
(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed; and
(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.
(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.
(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.
(End of clause)
52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)
(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform; or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:
“WARNING: Contains (or manufactured with, if applicable), a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.”----------------------------
The Contractor shall insert the name of the substance(s).
(End of clause4)
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond September 30th of each year . The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond September 30th, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
52.246-17 WARRANTY OF SUPPLIES OF A NONCOMPLEX NATURE (JUN 2003)
(a) Definitions. As used in this clause --
Acceptance means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing supplies, or approves specific services as partial or complete performance of the contract.
Supplies means the end items furnished by the Contractor and related services required under this contract. The word does not include ``data.''
(b) Contractor's obligations.
(1) Notwithstanding inspection and acceptance by the Government of supplies furnished under this contract, or any condition of this contract concerning the conclusiveness thereof, the Contractor warrants that for the period of time for each item stated in the NSN list –
(i) All supplies furnished under this contract will be free from defects in material or workmanship and will conform with all requirements of this contract; and
(ii) The preservation, packaging, packing, and marking, and the preparation for, and method of, shipment of such supplies will conform with the requirements of this contract.
(2) When return, correction, or replacement is required, transportation charges and responsibility for the supplies while in transit shall be borne by the Contractor. However, the Contractor's liability for the transportation charges shall not exceed an amount equal to the cost of transportation by the usual commercial method of shipment between the place of delivery specified in this contract and the Contractor's plant, and return.
(3) Any supplies or parts thereof, corrected or furnished in replacement under this clause, shall also be subject to the terms of this clause to the same extent as supplies initially delivered. The warranty, with respect to supplies or parts thereof, shall be equal in duration to that in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.
(4) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation contained in this contract.
(c) Remedies available to the Government.
(1) The Contracting Officer shall give written notice to the Contractor of any breach of warranties in paragraph (b)(1) of this clause within 45 days after discovery of the defect.
(2) Within a reasonable time after the notice, the Contracting Officer may either--
(i) Require, by written notice, the prompt correction or replacement of any supplies or parts thereof (including preservation, packaging, packing, and marking) that do not conform with the requirements of this contract within the meaning of paragraph (b)(1) of this clause; or
(ii) Retain such supplies and reduce the contract price by an amount equitable under the circumstances.
(3) (i) If the contract provides for inspection of supplies by sampling procedures, conformance of suppliers or components subject to warranty action shall be determined by the applicable sampling procedures in the contract. The Contracting Officer--
(A) May, for sampling purposes, group any supplies delivered under this contract;
(B) Shall require the size of the sample to be that required by sampling procedures specified in the contract for the quantity of supplies on which warranty action is proposed;
(C) May project warranty sampling results over supplies in the same shipment or other supplies contained in other shipments even though all of such supplies are not present at the point of reinspection; provided, that the supplies remaining are reasonably representative of the quantity on which warranty action is proposed; and
(D) Need not use the same lot size as on original inspection or reconstitute the original inspection lots.
(ii) Within a reasonable time after notice of any breach of the warranties specified in paragraph (b)(1) of this clause, the Contracting Officer may exercise one or more of the following options:
(A) Require an equitable adjustment in the contract price for any group of supplies.
(B) Screen the supplies grouped for warranty action under this clause at the Contractor's expense and return all nonconforming supplies to the Contractor for correction or replacement.
(C) Require the Contractor to screen the supplies at locations designated by the Government within the contiguous United States and to correct or replace all nonconforming supplies.
(D) Return the supplies grouped for warranty action under this clause to the Contractor (irrespective of the f.o.b. point or the point of acceptance) for screening and correction or replacement.
(4) (i) The Contracting Officer may, by contract or otherwise, correct or replace the nonconforming supplies with similar supplies from another source and charge to the Contractor the cost occasioned to the Government thereby if the Contractor--
(A) Fails to make redelivery of the corrected or replaced supplies within the time established for their return; or
(B) Fails either to accept return of the nonconforming supplies or fails to make progress after their return to correct or replace them so as to endanger performance of the delivery schedule, and in either of these circumstances does not cure such failure within a period of 10 days (or such longer period as the Contracting Officer may authorize in writing) after receipt of notice from the Contracting Officer specifying such failure.
(ii) Instead of correction or replacement by the Government, the Contracting Officer may require an equitable adjustment of the contract price. In addition, if the Contractor fails to furnish timely disposition instructions, the Contracting Officer may dispose of the nonconforming supplies for the Contractor's account in a reasonable manner. The Government is entitled to reimbursement from the Contractor, or from the proceeds of such disposal, for the reasonable expenses of the care and disposition of the nonconforming supplies, as well as for excess costs incurred or to be incurred.
(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of this contract.
(End of clause)
52.246-20 WARRANTY OF SERVICES (MAY 2001)
a) Definition.
"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.
(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor 45 days after discovery of the defect. This notice shall state either (1) that the Contractor shall correct or reperform any defective or nonconforming services, or (2) that the Government does not require correction or reperformance.
(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.
(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.
(End of clause)
52.247-25 GOVERNMENT-FURNISHED EQUIPMENT WITH OR WITHOUT OPERATORS (APR 1984)
The Government will provide forklifts with operators at each turn in location to assist in loading and unloading when required.
(End of clause)
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):
(End of clause)
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 Department of Defense Federal Acquisiion Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
52.252-4 ALTERATIONS IN CONTRACT (APR 1984)
Portions of this contract are altered as follows:
To be identified as changes occur.
(End of clause)
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 Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
When submitting a request for payment, the Contractor shall--
(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each contract line item included in the payment request.
(End of clause)
252.211-7007 Reporting of Government-Furnished Equipment in the DoD Item Unique Identification (IUID) Registry (NOV 2008)
(a) Definitions. As used in this clause--
2D data matrix symbol means the 2-dimensional Data Matrix ECC 200 as specified by International Standards Organization/International Electrotechnical Commission (ISO/IEC) Standard 16022: Information Technology--International Symbology Specification--Data Matrix.
Acquisition cost, for Government-furnished equipment, means the amount identified in the contract, or in the absence of such identification, the item's fair market value.
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; e.g., the enterprise identifier along with the contractor's property internal identification, i.e., tag number is recognized as the serial number; or
(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.
Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use.
Government-furnished equipment means an item of special tooling, special test equipment, or equipment, in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor (including subcontractors and alternate locations) for the performance of a contract.
Item means equipment, special tooling, or special test equipment, to include such equipment, special tooling, or special test equipment that is designated as serially managed, mission essential, sensitive, or controlled inventory (if previously identified as such in accordance with the terms and conditions of the contract).
Item unique identification (IUID) means a system of assigning, reporting, and marking DoD property with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items.
IUID Registry means the DoD data repository that receives input from both industry and Government sources and provides storage of, and access to, data that identifies and describes tangible Government personal property.
Material means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Material does not include equipment, special tooling, or special test equipment.
Reparable means an item, typically in unserviceable condition, furnished to the Contractor for maintenance, repair, modification, or overhaul.
Sensitive item means an item potentially dangerous to public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.
Serially managed item means an item designated by DoD to be uniquely tracked, controlled, or managed in maintenance, repair, and/or supply systems by means of its serial number.
Special test equipment means either single or multipurpose integrated test units engineered, designed, fabricated, or modified to accomplish special purpose testing in performing a contract. It consists of items or assemblies of equipment including foundations and similar improvements necessary for installing special test equipment, and standard or general purpose items or components that are interconnected and interdependent so as to become a new functional entity for special testing purposes. Special test equipment does not include material, special tooling, real property, or equipment items used for general testing purposes, or property that with relatively minor expense can be made suitable for general purpose use.
Special tooling means jigs, dies, fixtures, molds, patterns, taps, gauges, and all components of these items, including foundations and similar improvements necessary for installing special tooling, and which are of such a specialized nature that without substantial modification or alteration their use is limited to the development or production of particular supplies or parts thereof or to the performance of particular services. Special tooling does not include material, special test equipment, real property, equipment, machine tools, or similar capital items.
Unique item identifier (UII) means a set of data elements permanently marked on an item that is globally unique and unambiguous and never changes, in order to provide traceability of the item throughout its total life cycle. The term includes a concatenated UII or a DoD recognized unique identification equivalent.
Virtual UII means the UII data elements assigned to an item that is not marked with a DoD compliant 2D data matrix symbol, e.g., enterprise identifier, part number, and serial number; or the enterprise identifier along with the Contractor's property internal identification, i.e., tag number.
(b) Requirement for item unique identification of Government-furnished equipment. Except as provided in paragraph (c) of this clause--
(1) Contractor accountability and management of Government-furnished equipment shall be performed at the item level; and
(2) Unless provided by the Government, the Contractor shall establish a virtual UII or a DoD recognized unique identification for items that are--
(i) Valued at $5,000 or more in unit acquisition cost; or
(ii) Valued at less than $5,000 in unit acquisition cost and are serially managed, mission essential, sensitive, or controlled inventory, as identified in accordance with the terms and conditions of the contract.
(c) Exceptions. Paragraph (b) of this clause does not apply to--
(1) Government-furnished material;
(2) Reparables;
(3) Contractor-acquired property;
(4) Property under any statutory leasing authority;
(5) Property to which the Government has acquired a lien or title solely because of partial, advance, progress, or performance-based payments;
(6) Intellectual property or software; or
(7) Real property.
(d) Procedures for establishing UIIs. To permit reporting of virtual UIIs to the DoD IUID Registry, the Contractor's property management system shall enable the following data elements in addition to those required by paragraph (f)(1)(iii) of the Government Property clause of this contract (FAR 52.245-1):
(1) Parent UII.
(2) Concatenated UII.
(3) Received/Sent (shipped) date.
(4) Status code.
(5) Current part number (if different from the original part number).
(6) Current part number effective date.
(7) Category code (``E'' for equipment).
(8) Contract number.
(9) Commercial and Government Entity (CAGE) code.
(10) Mark record.
(i) Bagged or tagged code (for items too small to individually tag or mark).
(ii) Contents (the type of information recorded on the item, e.g., item internal control number).
(iii) Effective date (date the mark is applied).
(iv) Added or removed code/flag.
(v) Marker code (designates which code is used in the marker identifier, e.g., D=CAGE, UN=DUNS, LD=DODAAC).
(vi) Marker identifier, e.g., Contractor's CAGE code or DUNS number.
(vii) Medium code; how the data is recorded, e.g., barcode, contact memory button.
(viii) Value, e.g., actual text or data string that is recorded in its human readable form.
(ix) Set (used to group marks when multiple sets exist); for the purpose of this clause, this defaults to ``one (1)''.
(e) Procedures for updating the DoD IUID Registry. The Contractor shall update the DoD IUID Registry at for changes in status, mark, custody, or disposition of items--
(1) Delivered or shipped from the Contractor's plant, under Government instructions, except when shipment is to a subcontractor or other location of the Contractor;
(2) Consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract as determined by the Government property administrator, including reasonable inventory adjustments;
(3) Disposed of; or
(4) Transferred to a follow-on or other contract.
(End of clause)
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS OUTSIDE THE UNITED STATES (MAR 2006)
(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 from CMC Code POS-10; telephone, DSN 224-4177 or commercial (703) 614-4177.
(End of clause)
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998)
(a) The amount of any request for equitable adjustment to contract terms shall accurately reflect the contract adjustment for which the Contractor believes the Government is liable. The request shall include only costs for performing the change, and shall not include any costs that already have been reimbursed or that have been separately claimed. All indirect costs included in the request shall be properly allocable to the change in accordance with applicable acquisition regulations.
(b) In accordance with 10 U.S.C. 2410(a), any request for equitable adjustment to contract terms that exceeds the simplified acquisition threshold shall bear, at the time of submission, the following certificate executed by an individual authorized to certify the request on behalf of the Contractor:
I certify that the request is made in good faith, and that the supporting data are accurate and complete to the best of my knowledge and belief.
----------------------------------------------------------------------
(Official's Name)
----------------------------------------------------------------------
(Title)
(c) The certification in paragraph (b) of this clause requires full disclosure of all relevant facts, including--
(1) Cost or pricing data if required in accordance with subsection 15.403-4 of the Federal Acquisition Regulation (FAR); and
(2) Information other than cost or pricing data, in accordance with subsection 15.403-3 of the FAR, including actual cost data and data to support any estimated costs, even if cost or pricing data are not required.
(d) The certification requirement in paragraph (b) of this clause does not apply to----
(1) Requests for routine contract payments; for example, requests for payment for accepted supplies and services, routine vouchers under a cost-reimbursement type contract, or progress payment invoices; or
(2) Final adjustment under an incentive provision of the contract.
252.247-7023 Transportation of Supplies by Sea (MAY 2002)
(a) Definitions. As used in this clause --
(1) "Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.
(2) "Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.
(3) "Foreign flag vessel" means any vessel that is not a U.S.-flag vessel.
(4) "Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.
(5) "Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.
(6) "Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.
(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.
(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.
(7) "U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.
(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.
(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if--
(i) This contract is a construction contract; or
(ii) The supplies being transported are--
(A) Noncommercial items; or
(B) Commercial items that--
(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it contracts for f.o.b. destination shipment);
(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or
(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.
(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that --
(1) U.S.-flag vessels are not available for timely shipment;
(2) The freight charges are inordinately excessive or unreasonable; or
(3) Freight charges are higher than charges to private persons for transportation of like goods.
(d) The Contractor must submit any request for use of other than U.S.-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum --
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.
(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW., Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:
(1) Prime contract number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of the steamship company.
(f) The Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief--
(1) No ocean transportation was used in the performance of this contract;
(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;
(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all non-U.S.-flag ocean transportation; or
(4) Ocean transportation was used and some or all of the shipments were made on non-U.S.-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:
ITEM CONTRACT QUANTITY
DESCRIPTION LINE ITEMS
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
____________________________________________________________________
TOTAL_______________________________________________________________
(g) If the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of non-U.S.-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.
(h) In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, the Contractor shall flow down the requirements of this clause as follows:
(1) The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.
(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.
(End of clause)
252.251-7000 ORDERING FROM GOVERNMENT SUPPLY SOURCES (NOV 2004)
(a) When placing orders under Federal Supply Schedules, Personal Property Rehabilitation Price Schedules, or Enterprise Software Agreements, the Contractor shall follow the terms of the applicable schedule or agreement and authorization. Include in each order:
(1) A copy of the authorization (unless a copy was previously furnished to the Federal Supply Schedule, Personal Property Rehabilitation Price Schedule, or Enterprise Software Agreement contractor).
(2) The following statement: Any price reductions negotiated as part of an Enterprise Software Agreement issued under a Federal Supply Schedule contract shall control. In the event of any other inconsistencies between an Enterprise Software Agreement, established as a Federal Supply Schedule blanket purchase agreement, and the Federal Supply Schedule contract, the latter shall govern.
(3) The completed address(es) to which the Contractor's mail, freight, and billing documents are to be directed.
(b) When placing orders under nonmandatory schedule contracts and requirements contracts, issued by the General Services Administration (GSA) Office of Information Resources Management, for automated data processing equipment, software and maintenance, communications equipment and supplies, and teleprocessing services, the Contractor shall follow the terms of the applicable contract and the procedures in paragraph (a) of this clause.
(c) When placing orders for Government stock, the Contractor shall --
(1) Comply with the requirements of the Contracting Officer's authorization, using FEDSTRIP or MILSTRIP procedures, as appropriate;
(2) Use only the GSA Form 1948-A, Retail Services Shopping Plate, when ordering from GSA Self-Service Stores;
(3) Order only those items required in the performance of Government contracts; and
(4) Pay invoices from Government supply sources promptly. For purchases made from DoD supply sources, this means within 30 days of the date of a proper invoice (see also Defense Federal Acquisition Regulation Supplement (DFARS) 251.105). For purchases made from DoD supply sources, this means within 30 days of the date of a proper invoice. The Contractor shall annotate each invoice with the date of receipt. The Contractor's failure to pay may also result in the DoD supply source refusing to honor the requisition (see DFARS 251.102(f)) or in the Contracting Officer terminating the Contractor's authorization to use DoD supply sources. In the event the Contracting Officer decides to terminate the authorization due to the Contractor's failure to pay in a timely manner, the Contracting Officer shall provide the Contractor with prompt written notice of the intent to terminate the authorization and the basis for such action. The Contractor shall have 10 days after receipt of the Government's notice in which to provide additional information as to why the authorization should not be terminated. The termination shall not provide the Contractor with an excusable delay for failure to perform or complete the contract in accordance with the terms of the contract, and the Contractor shall be solely responsible for any increased costs.
(d) Only the Contractor may request authorization for subcontractor use of Government supply sources. The Contracting Officer will not grant authorizations for subcontractor use without approval of the Contractor.
(e) Government invoices shall be submitted to the Contractor's billing address, and Contractor payments shall be sent to the Government remittance address specified below:
Contractor's Billing Address [include point of contact and telephone number]:
Government Remittance Address N/A (Contractor shall arrange for direct payment to source of supply via credit card or the like.)
(End of clause)
Section J – List of Documents, Exhibits and Other Attachments
Exhibit/Attachment Table of Contents
DOCUMENT TYPE DESCRIPTION
EXHIBIT A, B, C, D & E Raytheon Pricing Exhibits
Attachment 1 Performance Requirements Summary (PRS)
Attachment 2 NSN Details List
Attachment 3 Example ZBE format
Attachment 4 Over and Above Request Format
Attachment 5 Wage Determinations
WD: 2005-2053 Rev 10
WD: 2005-2057 Rev 09
WD: 2005-2131 Rev 09
WD: 2005-2393 Rev 09
Attachment 6 Quality Assurance Surveillance Plan (QASP)
Attachment 7 Raytheon FY10 Subcontracting Plan
Attachment 8 Raytheon Contract Plans
................
................
In order to avoid copyright disputes, this page is only a partial summary.
To fulfill the demand for quickly locating and searching documents.
It is intelligent file search solution for home and business.
Related searches
- marine corps personal financial management
- marine corps tuition assistance program
- marine corps financial management
- marine corps finance officer
- marine corps tuition assistance maradmin
- marine corps tuition assistance 2019
- marine corps west credit union
- marine corps order financial management
- marine corps financial management sop
- marine corps personal financial manage
- marine corps ta
- marine corps financial management regulation