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 http://www.procregs.hq.dla.mil
52.203-5 - Covenant Against Contingent Fees (Over $100,000) (N/A to Commercial) (APR 1984)
52.203-6 - Restriction on Subcontractor Sales to the Government (Over $100,000) (JUL 1995)
52.203-8 - Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity (Over $100,000) (JAN 1997)
52.203-10 - Price or Fee Adjustment for Illegal or Improper Activity (Over $100,000) (JAN 1997)
52.203-12 - Limitation on Payments to Influence Certain Federal Transactions (Over $100,000) (JUN 1997)
52.204-2 - Security Requirements (AUG 1996) (Applicable only when access to classified confirmation is required.)
52.204-4 - Printing/Copying Double-Sided on Recycled Paper (Over $100,000) (JUN 1996)
52.209-6 - Protecting the Governments Interest when Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Over $25,000) (JUL 1995)
52.214-27 - Price Reduction for Defective Cost or Pricing Data - Modifications -Sealed Bidding (Over $500,000) (OCT 1997)
52.214-28 - Subcontractor Cost or Pricing Data - Modifications - Sealed Bidding (Over $500,000)(OCT 1997)
52.215-8 - Order of Precedence - Uniform Contract Format (Over $100,000)(OCT 1997)
52.215-10 - Price Reduction for Defective Cost or Pricing Data (Over $500,000) (OCT 1997)
52.215-11 - Price Reduction for Defective Cost or Pricing Data - Modifications (Over $500,000) (OCT 1997)
52.215-13 - Subcontractor Cost or Pricing Data - Modifications (Over $500,000)(OCT 1997)
Alternate I (Over $100,000)(OCT 1997) (Applicable when there is inadequate price competition)
52.215-15 - Termination of Defined Benefit Pension Plans (Over $500,000) (DEC 1998)
52.215-18 - Reversion or Adjustment of Plans for Postretirement Benefits Other Than Pensions (PRB) (Over $500,000) (OCT 1997)
52.216-5 - Price Redetermination-Prospective (BASE CONTRACTS and SERVICES) (OCT 1997)
52.216-6 - Price Redetermination-Retroactive (BASE CONTRACTS and SERVICES) (OCT 1997)
52.219-9 - Small Business Subcontracting Plan (Over $500,000) ($1,000,000 for Construction of any Public Facility) (JAN 1999)
52.222-4 - Contract Work Hours and Safety Standards Act - Overtime Compensation (Over $100,000) (JUL 1995)
52.222-10 - Compliance with Copeland Act Requirements (Over $2,000)(FEB 1988) (BASE CONTRACT)
52.222-11 - Subcontracts (Labor Standards) (Over $2,000)(FEB 1988) (BASE CONTRACT)
52.222-12 - Contract Termination - Debarment (Over $2,000)(FEB 1988) (BASE CONTRACT)
52.222-13 - Compliance with Davis-Bacon and Related Act Regulations (Over $2,000)(FEB 1988) (BASE CONTRACT)
52.222-14 - Disputes Concerning Labor Standards (Over $2,000)(FEB 1988) (BASE CONTRACT)
52.222-27 - Affirmative Action Compliance Requirements for Construction (Over $10,000) (FEB 1999) (BASE CONTRACTS)
52.222-35 - Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (Over $10,000) (APR 1989)
52.222-36 - Affirmative Action for Workers With Disabilities (Over $2,500) (JUN 1998)
52.222-37 - Employment Reports on Disabled Veterans and Veterans of the Vietnam Era(Over $10,000)(JAN 1999)(Applicable with FAR 52.222-35)
52.222-41 - Service Contract Act of 1965, as Amended (Over $2,500) (MAY 1989) (SERVICES)
52.222-43 - Fair Labor Standards Act and Service Contract Act - Price Adjustment (Multiple Year and Option Contracts) (Under $100,000) (SERVICES)(MAY 1989)
52.222-44 - Fair Labor Standards Act and Service Contract Act - Price Adjustment (MAY 1989) (SERVICES)
52.222-48 - Exemption from Application of Service Contract Act Provisions (SERVICES) (AUG 1996)
52.223-5 - Pollution Prevention and Right-to-Know Information (APR 1998) (BASE CONTRACTS AND SERVICES)
52.223-14 - Toxic Chemical Release Reporting (Competitive over $100,000) (OCT 1996)(Applicable with FAR 52.223-13)
52.225-14 - Inconsistency Between English Version and Translation of Contract (AUG 1989)
52.226-1 - Utilization of Indian Organizations and Indian-Owned Economic Enterprises (Over $500,000 or $1,000,000 for BASE CONTRACTS) (MAY 1999)
52.227-2 - Notice and Assistance Regarding Patent and Copyright Infringement (Over $100,000 except when delivery and performance are outside the U.S. and it's possessions and Puerto Rico) (AUG 1996)
52.227-4 - Patent Indemnity - Construction Contracts (Over $100,000)(APR 1984) (BASE CONTRACT)
52.228-5 - Insurance - Work on a Government Installation (Over $100,000) (JAN 1997) (BASE CONTRACTS and SERVICES)
52.228-11 - Pledges of Assets (Use when Bid Guarantees and Performance and Payment Bonds are required.) (FEB 1992) (BASE CONTRACTS)
52.228-12 - Prospective Subcontractor Requests for Bonds (Over $100,000)(OCT 1995) (BASE CONTRACTS)
52.228-15 - Performance and Payment Bonds - Construction (Over $100,000)(SEP 1996)(BASE CONTRACTS)
52.229-5 - Taxes - Contracts Performed in U.S. Possessions or Puerto Rico (Over $100,000)(APR 1984) (Use with FAR 52.229-3)
52.230-3 - Disclosure and Consistency of Cost Accounting Practices (Over $!00,000) (APR 1998)
52.230-6 - Administration of Cost Accounting Standards (Over $500,000) (APR 1996)
52.232-5 - Payments under Fixed-Price Construction Contracts (MAY 1997) (Over $100,000)(BASE CONTRACTS)
52.232-9 - Limitations on Withholding of Payments (Over $100,000) (APR 1984) (SERVICES)
52.232-27 - Prompt Payment for Construction Contracts (JUN 1997) (BASE CONTRACTS)
52.232-33 - Mandatory Information for Electronic Funds Transfer Payment (MAY 1999)
52.236-3 - Site Investigation and Condition Affecting the Work (APR 1984) (BASE CONTRACTS)
52.236-9 - Protection of Existing Vegetation, Structure, Equipment, Utilities, and Improvements (APR 1984) (BASE CONTRACTS)
52.236-21 - Specifications and Drawings for Construction (FEB 1997) (BASE CONTRACTS), Alternate I (APR 1984), Alternate II (APR 1984)
52.237-2 - Protection of Government Buildings, Equipment, and Vegetation (APR 1984) (SERVICES)
52.243-1 - Changes - Fixed Price (AUG 1987), Alternate I (APR 1984) (SERVICES), Alternate II (AUG 1987) )SERVICES),
52.245-3 - Identification of Government-Furnished Property (APR 1984) (BASE CONTRACTS)
52.246-18 - Warranty of Supplies of a Complex Nature (Over $100,000) (APR 1984), Alternate IV (APR 1984)
52.246-19 - Warranty of Systems and Equipment under Performance Specifications or Design Criteria (Over $100,000) (DEC 1989)
52.247-1 - Commercial Bill of Lading Notations (APR 1984) (Applicable to F.O.B Orders/Contracts)
52.247-63 - Preference for U.S. - Flag Air Carriers (Over $100,000) (Jan 1997)
52.249-1 - Termination for Convenience of the Government (Fixed-Price)(Short Form) (APR 1984)
52.249-2 - Termination for Convenience of the Government (Fixed-Price) (Over $100,000) (SEP 1996)
Alternate I (SEP 1996) (BASE CONTRACTS), Alternate II (Over $100,000) (SEP 1996), Alternate III (SEP 1996) (BASE CONTRACTS)
52.249-4 - Termination for Convenience of the Government (Short Form) (APR 1984) (SERVICES)
252.203-7001 - Special Prohibition on Employment (Over $100,000) (N/A to Commercial) (MAR 1999)
252.205-7000 - Provision of Information to Cooperative Agreement Holders (Over $500,000) (DEC 1991)
252.209-7000 - Acquisition from Subcontractors Subject to On-Site Inspection Under the Intermediate Range Nuclear Forces (INF) Treaty) (Over $100,000) (N/A to Commercial) (NOV 1995)
252.209-7004 - Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country (Over $100,000) (MAR 1998)
252.219-7003 - Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan and Small Disadvantaged Business Subcontracting Plan (DoD Contracts). (Over $500,000) (APR 1996)
252.223-7003 - Change in Place of Performance - Ammunition and Explosives (DEC 1991)
252.223-7006 - Prohibition on Storage and Disposal of Toxic and Hazardous Materials (APR 1993) (BASE CONTRACTS and SERVICES)
252.225-7005 - Identification of Expenditures in the United States (Negotiated over $25,000) (DEC 1991)
252.225-7009 - Duty-Free Entry - Qualifying Country Supplies (End Products and Components) (MAR 1998)
252.225-7010 - Duty-Free Entry - Additional Provisions (Use with 52.225-10) (MAR 1998)
252.225-7012 - Preference for Certain Domestic Commodities (Over $100,000)(MAY 1999)
252.225-7014 - Preference for Domestic Specialty Metals (Over $100,000) (MAR 1998)
252.225-7026 - Reporting of Contract Performance Outside the United States (Over $500,000) (MAR 1998)
252.225-7029 - Preference for United States or Canadian Air Circuit Breakers (Over $100,000) (AUG 1998)
252.225-7036 - Buy American Act-North American Free Trade Agreement (Over $53,150) (MAR 1998)
252.225-7036 - Buy American Act-North American Free Trade Agreement with Alternate I ($25,000 - $53,150) (MAR 1998)
252.225-7037 - Duty-Free Entry - NAFTA Country End Products and Supplies (When 52.225-10 is not used and 225.403-70 applies) (MAR 1998)
252.236-7000 - Modification Proposals - Price Breakdown (DEC 1991)(BASE CONTRACTS)
252.242-7003 - Application for U.S. Government Shipping Documentation/Instructions (Use with FAR 52.242-10) (DEC 1991)
252.242-7004 - Material Management and Accounting System (Over $100,000 - N/A to Commercial) (SEP 1996)
252.248-7000 - Preparation of Value Engineering Change Proposal (Over $100,000) (May 1994)
a. First Article Samples and Test Report:
Concurrently, a copy of the First Article test report shall be sent to each of the following
at Defense Supply Center Columbus, 3990 East Broad Street, Columbus, OH 43216-5010,
ATTN: DSCC- __________.
(d) Administrative Contracting Officer (ACO) of the Government activity cited in the "Administrated By&
block of the award document.
[ ] 2. First Article samples shall be forwarded to:
[ ] 3. First Article test report shall be forwarded to:
Concurrently, a copy of the First Article test report shall be sent to each of the following:
(a) Defense Supply Center Columbus, ATTN: DSCC-C, P.O. Box 16704 Columbus, OH 43216-5010,(2 copies - 1 to contract management specialist and 1 copy to quality assurance specialist)
(b) Administrative Contracting Officer (ACO) of the Government activity cited in the "Administrated By" block of the award document.
[ ] 4. First Article samples submitted for Government evaluation will, upon completion of the evaluation:
[ ] a. Be retained by the Government. At least one approved
first article unit shall be returned by the Government and held by the contractor at the production facility until all production quantities have been produced and accepted. This first article unit can be referred to as a production or manufacturing standard and baseline for examination when defects are reported on delivered material or problems are uncovered during production.
[ ] b. Be returned to the Contractor as production standards
but shall not be submitted for acceptance as part of the order quantity.
[ ] c. Be returned to the contractor and may be
reconditioned for acceptance as part of the order quantity. At least one approved first article unit shall be held by the contractor at the production facility until all production quantities have been produced and accepted. The first article unit can be referred to as a production or manufacturing standard and baseline for examination when defects are reported on delivered material or problems are uncovered during production.
[ ] 5. First Article samples are to be retained by the Contractor and disposed of as follows:
[ ] a. Samples will be retained as production standards but shall not be submitted for acceptance as part of the order quantity.
[ ] b. Samples will be retained and may be reconditioned for acceptance as part of the
order quantity. At least one approved first article unit shall be held by the contractor at the
production facility until all production quantities have been produced and accepted. This first
article unit can be referred to as a production or manufacturing standard and baseline for
examination when defects are reported on delivered material or problems are uncovered during
production.
6. Any package containing First Article samples shall be marked in bold letters, below and to the left of the address: "FIRST ARTICLE"
Contract No.: ____________________________
Lot/Item No.: ____________________________
7. Any package containing a First Article test report shall be marked in bold letters, below and to the left of the address:
"FIRST ARTICLE TEST REPORT
"
Contract No.: ____________________________
Lot/Item No.: ____________________________
8. All test reports and samples shall be sent by traceable means. If the material is going through the U. S. Postal Service, it shall be mailed as Certified or Registered mail with a notification of receipt registered.
9. All transportation charges incurred in shipping compatibility units to and from Government facilities shall be paid by the contractor.
10. Any irregularity or discrepancy in specifications/drawings or test requirements shall be immediately brought to the attention of the Contracting Officer. The specific problem must be identified in writing even though the initial communication, in the event of urgency, is verbal. Any failure of the contractor to act promptly in identifying contract specification problems, to request waivers or deviations, or to set forth the reasons for requesting action by the Government, which causes delays or prevents evaluation by the Government in a timely manner, shall be considered a delay attributable to the contractor.
11. The Government activity responsible for testing of units shall forward the test results, in writing, to the Contracting Officer (CO) who, in turn, shall notify the contractor and all other appropriate personnel.
12. In the event this contract is terminated, under any other provision of the contract, prior to approval and acceptance of the
First Article test report, any costs determined to be recoverable by the Contractor as a result of termination shall be limited to First Article testing costs specifically and separately set forth in the Contractor's proposal, unless other costs have been specifically authorized in writing by the Contracting Officer to be incurred prior to First Article approval.
13. When Contractor performs First Article tests, First Article test reports shall be prepared in accordance with DD Form 1423 Contract Data Requirements List (Exhibit) with the following additions:
Paragraph 4.1 - In event the supplier elects to test more than the minimum number of units required by the contract, data on the entire set of units selected shall be considered "basic data."
Paragraph 4.1.4.1 - The Contractor shall certify that all tests described in this report were performed, as specified on properly calibrated equipment, by competent personnel, that the data submitted is accurate to the best of his knowledge, and that the tests were conducted upon sample items which are representative of the product to be supplied.
Paragraph 4.1.4.2 - On tests which the cognizant Government Quality Assurance Representative has witnessed, he shall sign the test report and indicate the extent of the testing which he has witnessed, and affix his signature or stamp to the appropriate data sheets to indicate that such tests, to the best of this knowledge, were conducted as specified. Such signature or stamp shall not constitute acceptance.
Paragraph 5.6.6 - In the event test units are selected from a set of production items, the number selected, the method of selection, and population from which they are selected shall be clearly described. Marking of test units IAW contract requirements is not essential provided the proposed marking is duplicated on a separate sheet of paper and submitted with the test report. The proposed location of said marking must be clearly identified. However, the contractor must perform any required First Article markings tests on devices which have been marked using the same marking materials and processes that will be used during production. When test units are submitted with a test report, the units must be identified and the report prepared in such a manner that the reviewer can determine the tests to which each unit has been subjected.
Paragraph 5.6.8 - The contractor shall include the following information in the "narrative abstract"
a. Whether these items are in constant production or made to order.
b. Whether the contract quantity to be supplied will be taken from available stock, from current production or made to order.
Paragraph 5.6.10.1.4 - Measurement Error: Unless otherwise specified, measurement error is expected to be less than 25 percent of the allowable tolerance of the characteristics being measured.
a. Measurement error shall be recorded if it exceeds specification or normal expectation.
b. If a measurement error smaller than specification or normal expectation is essential to the conclusions drawn, this fact should be given. The report should also show the minimum error required and whether or not this minimum was achieved.
b. Conditions for Waiver of First Article Testing
1. The Government reserves the right to waive the requirements for First Article testing of Item 0001 for those offerors of a
product which:
[ ] (a) Has been previously accepted by the Government, and has not been found to be unsatisfactory.
[ ] (b) Has previously met the reproduction testing requirements, been accepted by the Government and has not been found to be unsatisfactory.
[ ] (c) Has previously been approved by the original equipment manufacturer (OEM), providing the offeror can
demonstrate approval and will certify he has no evidence of subsequent difficulty or disapproval by the OEM or any Government agency.
NOTE
: Evidence of a prior purchase of test quantities by the OEM will not be considered acceptable evidence of approval.
[ ] (d) See special conditions set forth on page _______.
2. Offerors who desire to be considered for waiver including those previously approved are to furnish the following information:
(a) Applicable contract number(s): ________________________
(b) Previous Purchase (Government Agency or Government Contractor): ______________________________
(c) Identity of item of production furnished (part number, type and model number, etc.): ___________________
(d) Federal Stock Class of item furnished: ________________
(e) Engineering control document and change number of item furnished: _______________________________
(f) Quantity and unit price of item furnished: _____________
(g) As required (see conditions for waiver above), evidence of prior qualification approval: _______________
(h) Has there been any evidence of subsequent difficulty or disapproval by the OEM or any Government agency? [ ] YES [ ] NO
(i) Certification that the item offered will be of the same design and manufactured by the same methods and at the
same facilities as the item previously approved: [ ] YES [ ] NO
_____________________ __________________________________
Date Authorized Signature
3. Material which is manufactured for stock by a manufacturer otherwise eligible for waiver of preproduction (or First Article)
test requirements and manufactured subsequent to the time supplier achieved eligibility for said waiver need not be subjected to preproduction tests, provided the offeror as a part of his offer (prior to opening time in the event of an advertised procurement) submits evidence establishing:
(a) The material was manufactured after the date the manufacturer received waiver of preproduction tests or was otherwise accepted by the Government as a qualified supplier without preproduction testing; and
(b) The material was manufactured in accordance with the procurement data cited in the solicitation. In the event this contract is terminated, under any other provision of the contract, prior to approval and acceptance of the First Article Test report, any costs determined to be recoverable by the Contractor as a result of termination shall be limited to First Article Testing costs specifically and separately set forth in the Contractor's proposal, unless other costs have been specifically authorized in writing by the Contracting Officer to be incurred prior to First Article approval.
I05 - SPECIAL PROVISIONS FOR COMPATIBILITY TESTING REQUIREMENTS (DSCC 52.209-9C16) (MAY 1997)
1. Compatibility Units:
a. Compatibility units shall be forwarded to: _____________________________________
b. Any packages containing compatibility units shall be marked in bold letters, below and to the left of the address:
Compatibility Units: ______________________
Contract No: ________________________
Lot/Item No: ________________________
c. Compatibility units submitted for Government testing will, upon completion of the testing, be disposed of as follows:
[ ] Be retained by the Government (DSCC-TE). At least one approved test unit shall be returned to the contractor and held at the production facility until all production quantities have been produced and accepted. This compatibility unit can be referred to as a production or manufacturing standard and baseline for examination when defects are reported on delivered material or problems are uncovered during production.
[ ] Be returned to the contractor as production standards and baseline for examination when defects are reported on delivered material or problems are uncovered during production, but shall not be submitted for acceptance as part of the order quantity.
d. All units shall be sent by traceable means. If the material is going through the U. S. Postal Service, it shall be mailed as Certified or Registered mail with a notification of receipt registered.
e. All transportation charges incurred in shipping compatibility units to and from Government facilities shall be paid by the contractor.
f. Any irregularity or discrepancy in specifications, drawings or test requirements shall be immediately brought to the
attention of the Contracting Officer. The specific problem must be identified in writing even though the initial communication, in the event of urgency, is verbal. Any failure of the contractor to act promptly in identifying contract specification problems, to request waivers or deviations, or to set forth the reasons for requesting action by the Government, which causes delays or prevents evaluation by the Government in a timely manner, shall be considered a delay attributable to the contractor.
g. The Government activity responsible for testing of units shall forward the test results, in writing, to the Contracting Officer (CO) who, in turn, shall notify the contractor and all other appropriate personnel.
[ ] h. After both first article testing and approval, the Government shall evaluate and test the preproduction units for compliance to the contract requirements, including form, fit and function compatibility testing in the end item equipment. Units shall comply with any stated contract requirements and/or test parameters, if any, in addition to passing and/or complying with the form, fit and function compatibility testing.
2. Conditions for Waiver of Compatibility Testing
a. The Government reserves the right to waive the requirements for compatibility testing for those offerors of a product which:
[ ] (1) Has been previously accepted by the Government, and has not been found to be unsatisfactory.
[ ] (2) Has previously met the compatibility testing requirements, been accepted by the Government and has not been found to be unsatisfactory.
[ ] (3) Has previously been approved by the original equipment manufacturer(OEM), providing the offeror can
demonstrate approval and will certify he has no evidence of subsequent difficulty or disapproval by the OEM or any Government agency.
NOTE
: Evidence of a prior purchase of test quantities by the OEM will not be considered acceptable evidence of approval.
b. Offerors who desire to be considered for waiver including those previously approved are to furnish the following information:
(1) Applicable contract No(s):
(2) Previous purchaser (Government Agency):
(3) Identity of item of production furnished (part number, type and model number, etc.):
(4) Federal Stock Class of item furnished:
(5) Engineering control document and change number of item furnished:
(6) Quantity and unit price of item furnished:
(7) Evidence of prior qualification approval:
(8) Has there been any evidence of subsequent difficulty or disapproval by the OEM or any Government agency?
[ ] YES [ ] NO
(9) Statement that the item offered will be of the same design and manufactured by the same methods and at the same facilities as the item previously approved: [ ] YES [ ] NO
c. Material which is manufactured for stock by a manufacturer otherwise eligible for waiver of compatibility test requirements and manufactured subsequent to the time supplier achieved eligibility for said waiver need not be subjected to preproduction tests, provided the offeror as a part of his offer (prior to opening time in the event of an advertised procurement) submits evidence establishing:
(1) The material was manufactured after the date the manufacturer received waiver of preproduction tests or was otherwise
accepted by the Government as a qualified supplier without preproduction testing; and
(2) The material was manufactured in accordance with the procurement data cited in the solicitation.
I05A - COMPATIBILITY TESTING APPROVAL - GOVERNMENT TESTING (DSCC 52.209-9C17)(JUN 1994)
[ ] 1. The contractor shall deliver _________ units of Lot/Item _________ within __________ calendar days from the date of this contract to the Government at ______________________________________________ (insert name and address of the testing facility doing the compatibility testing). The shipping documentation shall contain the contract number and the Lot/Item identification.
[ ] 2. The contractor shall delivery _________ units of Lot/Item _________ within __________ calendar days from the date of this contract to the Government at _________________________________________ (insert name and address of the testing facility doing the compatibility testing). The shipping documentation shall contain the contract number and the Lot/Item identification.
[ ] a. The number of units required for compatibility testing are in addition to the number of first article units cited elsewhere in this contract.
[ ] b. The number of units required for compatibility testing will be selected from the units submitted, tested and approved for first article testing.
3. Within ________ calendar days after the Government receives the units, the Contracting Officer shall notify the contractor, in writing, of the results of compatibility testing, e.g., approval, conditional approval or disapproval. The notice of approval or conditional approval shall not relieve the contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the contractor. A notice of disapproval shall cite reasons for the disapproval.
4. If the units fail compatibility testing, the contractor, upon Government request, shall submit additional units for testing. After each request, the contractor shall make any necessary changes, modifications, or repairs to the units or provide necessary changes, modifications, or repairs to the units or provide other units for testing. All costs related to these tests are to be borne by the contractor, including any and all costs for additional tests following a disapproval. The Contractor shall furnish any additional units to the Government under the terms and conditions and within the time specified by the Government. The Government shall act on units within the time limit specified in paragraph 3 above. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule or for any additional costs to the Government related to these tests.
5. If the contractor fails to deliver any units on time, or the Contracting Officer disapproves any units, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default Clause of this contract and the contract may be terminated for default. If units fail compatibility testing and this requirement was the sole item on the contract, the contractor shall be deemed to have failed to perform and the contract may be terminated for default with no liability on the Government's part.
6. When both first article testing and compatibility testing are required and only the first article units and test report are approved and the units fail compatibility testing, the Government has the right to terminate the contract for default. The contractor shall be liable for all costs associated with the compatibility testing requirement.
7. If the Government does not act within the time specified in paragraph 3 above, the Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes Clause of this contract, the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.
8. Upon request by the offeror, the Government may waive with coordination of the Engineering Support Activity (ESA), the requirement for compatibility testing where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror or contractor, and have been accepted by the Government under conditions specified in paragraph I-4.
9. The contractor shall produce the first article units and/or the compatibility test units and the production quantity at the same facility and shall submit to the appropriate quality assurance specialist, a statement to this effect with each unit.
I06 - DELEGATION OF AUTHORITY FOR FIRST ARTICLE APPROVAL (DSCC 52.209-9C12)(FEB 1997)
The Administrative Contracting Officer (ACO) is delegated (IAW with FAR 42.202(c) the authority to approve or disapprove the First Article Test Report submitted in accordance with the clause in section I of this contract entitled First Article Testing -- Contractor Testing (FAR 52.209-3). A copy of the test report and the ACO's letter of approval or disapproval shall be forwarded to the Contract Administrator: _____________________________________(Name/Symbol/Phone Number of Contract Administrator)
I08 - REQUIREMENTS (FAR 52.216-21) (OCT 1995)
I09 - INDEFINITE QUANTITY (FAR 52.216-22) (OCT 1995)
I10 - PHYSICAL DATA (FAR 52.236-4) (APR 1984)(BASE CONTRACTS)
I11 - OPTION TO EXTEND THE TERM OF THE CONTRACT - SUPPLIES (DSCC 52.217-9C14) (MAY 1989)
(a) The Government may extend the term of this contract for _________ period of _________ calendar days each by written notice to the contractor within the time specified in the schedule.
(b) The total duration of this contract, including the exercise of any option under this clause, shall not exceed ________ calendar days.
I12 - RIGHT OF FIRST REFUSAL OF EMPLOYMENT (FAR 52.207-3) (NOV 1991) (SERVICES)
I13 - CONTRACTOR USE OF MANDATORY SOURCES OF SUPPLY (FAR 52.208-9) (MAR 1996).
I15a - METHODS OF PRICING ORDERS (DSCC 52.216-9C48) (APR 1992)
For awards made on an all-or-none basis, aggregate pricing will apply and the prices used on any delivery order will be determined by: (1) the year that the order is issued, and (2) the total quantity of all items being ordered. Example: For one delivery order _________ each of Item ________, _________ each of Item ________, and _________ each of item ________ are being ordered. The price used for each item would be the price offered for that item for increment "________" (__________ each) for the year in which the order is issued.
I15b - METHODS OF PRICING ORDERS (DSCC 52.216-9C49) (APR 1992)
For awards made on a stand alone basis, the prices used on any delivery order will be determined by: (1) the year that the order is issued, and (2) the quantity ordered for each individual item. The unit price applicable to the quantity ordered shall be the unit price for the specific item ordered for the incremental quantity range in which the quantity ordered falls. Example: For one delivery order, ________ each of Item ________, ________ each of Item ________, and __________ each of Item _________ are being ordered. The price used for Item ________ would be the price offered for that item for increment "_________" (__________ each) for the year in which the order issued. The price used for Item ________ would be the price offered for that item for increment "__________" (__________ each) for the same year. The price used for Item __________ would be the price offered for that item for increment "__________" for the same year.
I15c - METHODS OF PRICING ORDERS (DSCC 52.216-9C53) (FEB 1992)
a. For awards made on an all-or-none basis, aggregate pricing will apply. The prices used on any delivery order will be determined by: (1) the year that the order is issued, and (2) the total quantity of all items being ordered. Example: For one delivery order, ________ each of Item ________, ________ each of Item ________, and __________ each of Item _________ are being ordered. The total quantity of all items being ordered is _________ each. The price used for each item would be the price offered for that item for increment "__________" (__________ each) for the year in which the order is issued.
b. For awards made on a stand alone basis, the prices used on any delivery order will be determined by: (1) the year that the order is issued, and (2) the quantity ordered for each individual item. The unit price applicable to the quantity ordered shall be the unit price for the specific item ordered for the incremental quantity range in which the quantity ordered falls. Example: For one delivery order, _________ each of Item __________, __________ each of Item __________ , and __________ each of Item ___________ are being ordered. The price used for Item _________ would be the price offered for that item for increment "__________" (__________ each ) for the year in which the order is issued. The price used for Item __________ would be the price offered for that item for increment "__________" (__________ each) for the same year. The price used for Item _________ would be the price offered for that item for increment "__________" for the same year.
I15d - METHODS OF PRICING ORDERS (DSCC 52.216-9C51) (DEC 1993)
Unless a different method is specified elsewhere, the price for any order issued hereunder shall be determined as follows:
a. The year that the order is issued, and
b. The shipping point for each order. Unit prices quoted for direct ship site or stock site apply to any quantity ordered starting at __________ through the maximum order quantity.
I15e - METHODS OF PRICING ORDERS (DSCC 52.216-9C50) (NOV 1992)
The prices used for any delivery order will be determined as follows:
For awards made on a stand alone or all-or-none basis, the prices used on any delivery order will be determined by: (1) the year that the order is issued, and (2) the quantity ordered for each individual item. The unit price applicable to the quantity ordered shall be the unit price for the specific item ordered for the incremental quantity range in which the quantity ordered falls. Example: For one delivery order, __________ each of Item 0001, and __________ each of Item 0002 are being ordered. The price used for Item 0001 would be the price offered for that item for increment "__________" (__________ each) for the year in which the order is issued. The price used for Item 0002 would be the price offered for that item for increment "_________" (__________ each) for the same year.
I15f - METHODS OF PRICING ORDERS (DSCC 52.216-9C52) (NOV 1992)
Unless a different method is specified elsewhere, the price for any order issued hereunder shall be determined as follows:
a. The year that the order is issued, and
b. The unit price applicable to the quantity ordered shall be the unit price for the incremental quantity range in which the quantity ordered falls.
I16 - ECONOMIC PRICE ADJUSTMENT -- LABOR AND MATERIAL (FAR 52.216-4) (JAN 1997)
I17 - GOVERNMENT SURPLUS MATERIAL (DLAD 52.211-9000) (MAY 1999)
I18 - PRIORITY RATING (DLAD 52.211-9002) (FEB 1996)
I19 - REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA - MODIFICATIONS (FAR 52.215-21) (OCT 1997)
I19a - REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA - MODIFICATIONS (FAR 52.215-21) , ALTERNATE (Oct 1997)
I19b - REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA - MODIFICATIONS (FAR 52.215-21, ALTERNATE II (Oct 1997)
I19c - REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA - MODIFICATIONS (FAR 52.215-21), ALTERNATE III (Oct 1997)
I19d - REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN COST OR PRICING DATA - MODIFICATIONS (FAR 52.215-21), ALTERNATE IV (Oct 1997)
I20 - PRODUCTION FACILITY CHANGES (DSCC 52.215-9C04) (APR 1985)
The performance of any of the work contracted for in any place other than that named in the contract is prohibited unless specifically approved by the DSCC Contracting Officer. Written requests for a change in production facilities must be submitted to the DSCC Contracting Officer, changes in production facilities may be approved, provided (1) performance by small business or in labor surplus areas as required by the contract will not be changes; (2) the change will not cause a delay in delivery or necessitate a change in the purchase description; (3) the F.O.B. point is not changed; and (4) each request is supported by a price reduction of $250.00 to cover the government's administrative costs to process the change.
I21 - ECONOMIC PRICE ADJUSTMENT - DEPARTMENT OF LABOR PRICE INDEX (DSCC 52.216-9C01) (MAR 1997)
(a) The contractor warrants that the contract prices do not include my contingency allowances to account for my economic fluctuations due to inflation or deflation, to the extent covered by this clause.
(b) Definitions: As used in this clause,
(1) The economic indicator for the purpose of price adjustment shall be Producer Price Index indicated below in the monthly report entitled "Producer Prices and Price Indexes" published by the Bureau of Labor Statistics, (BLS), U.S. Department of Labor. The applicable Producer Price Index under Table 6 is:
[ ] Code No._______________ Commodity ____________
(2) The base price index for the purpose of price adjustments is the revised index for the calendar month of the contract date,
(3) Revised index is the index specified in b(l) above as published by BLS four months after the initial index is published,
which reflects changes as a result of late reports and corrections.
(4) The words "contract date" mean:
(i) the date of bid opening for sealed bid solicitations. If the solicitation contains a Labor Surplus Area or Small Business Set-Aside Portion, the 'contract date' for the set-aside portion will be the date of bid opening for the non-set-aside portion.
(ii) the date of award for negotiated solicitations. If the solicitation contains a Labor Surplus Area or Small Business Set-Aside Portion, the 'contract date' for the set-aside portion will be the date of award of the non-set-aside portion.
(iii) the effective date of contract modifications adding additional CLINs to the contract; however, for CLINs added pursuant to the 'Option for Increased Quantity' clause of sealed bid contracts the date specified in paragraph (i) above, shall apply and on negotiated contracts, the date specified in paragraph (ii)above, shall apply.
(5) The words "contract delivery date" refer only to the delivery schedule m originally stated in the contract as of date of award or as stated in option exercises as of date issued plus my extension attributable solely to reasons determined by the contracting officer to be excusable within the meaning of paragraph (e) of the "Default" clause (FAR 52.249-8). The words "contract delivery date" do not include my extension of the delivery schedule, however accomplished, except for such excusable causes.
(6) The adjusting price index mews:
(i) for deliveries on or before the contract delivery date, the revised index specified in paragraph b(l) for the calendar month preceding the calendar month (1) on which Government acceptance is performed when origin acceptance is required, (2) of contract delivery date, or (3) in which the supplies are delivered, whichever is earlier.
(ii) for delinquent deliveries, the revised index specified in paragraph b(1) for the calendar month preceding the calendar month (1) in which the supplies are delivered, or (2) of contract delivery date, whichever is lower.
(c) The original unit prices (as of contract date) for supplies (excluding data CLINs and first article test reports) shall be subject to adjustment upward or downward by the percent of difference (+ or -) between the base price index and the adjusting price index. If the original unit prices are decreased during performance pursuant to the "Changes" clause or other clauses of the contract, the decreased unit prices shall be used for adjustment purposes in lieu of the original unit prices. Any increase in the original unit prices after date of award will not be subject to adjustment unless authorized by the modification.
(d) Price increases shall be subject to the following limitations:
(1) Increases shall not exceed 12 percent of the contract unit price as of the contract date.
(2) The contractor's entitlement to price increases shall be waived, unless the contractor's written request therefor is received by
the contracting officer within 180 days after the date of final shipment of supplies under the contract.
(e) Price decreases:
(1) The contractor must promptly notify the contracting officer of changes in the economic indicator which will result in price decreases, Price decreases may be effected by the contracting officer my time before payment of the final adjusting invoice.
(2) The contractor shall include a statement on the final adjusting invoice that amounts invoiced under this contract reflect all decreases required by this clause.
(f) Price adjustments pursuant to this clause will be made by contract modification issued by the contracting officer which will show the base price index, the adjusting price index, and the percent of difference. However, no adjustment will be made until proof of shipment is provided. Adjustments under this clause at the option of the Government may be deferred until delivery of all supplies is completed, or until termination of any undelivered quantity, whichever is later. Interest will not accrue on any adjustment made under this clause in the absence of a dispute as to the computation thereof.
(g) No adjustment will be made under this clause unless the total change in the contract amount is $250.00 or more.
(h) If the Bureau of Labor Statistics, U. S. Department of Labor (BLS/DL), (1) discontinues an index identified herein, or (2) fails to publish an index identified herein for my month, or (3) changes the method of computation of an index identified herein during the effective period of the contract, the parties shall agree upon an appropriate substitute or alternate index. Failure of the parties to agree on a substitute index or adjustment shall be a dispute concerning a question of fact within the meaning of the "Disputes" clause of this contract.
I22 - ECONOMIC PRICE ADJUSTMENT - SPECIFIED METALS (DSCC 52.216-9C31) (MAR 1997)
a. This clause applies to supplies which require the use of metal identified in paragraph b(3) below and provides for adjustment of the contract price w result of changes in the cost of the metal.
b. Definitions: As used in this clause,
(1) The term "contract date" means:
(i) the date of bid opening in the case of scaled bid solicitations.
(ii) the date of award in the case of negotiated solicitations, except that with respect to any set-aside portion (Combined Small Business - Labor Surplus Area Labor Surplus Area or Small Business) of this solicitation, the words mean the date of bid opening for the non-set-aside portion, if sealed bid, or the date of award for the non-set-aside portion, if negotiated, or
(iii) the effective date of contract modification adding additional CLINs to the contract, except that if additional CLINs are added pursuant to the clause entitled "Option for Increased Quantity," the date specified in (i) above for sealed bid solicitations and in (ii) above for negotiated solicitations shall be applicable.
(2) The words "contract delivery date" refer only to the delivery schedule as originally stated in the contract as of date of award or as stated in option exercises as of date issued plus my extension attributable solely to reasons determined by the contracting officer to be excusable within the meaning of paragraph (c] of the "Default" Clause (FAR 52.249-8). The words ''contract delivery date" do not include any extension of the delivery schedule, however accomplished, except for such excusable causes.
(3) The metal for price adjustment purposes means which is used in the manufacture of the supplies.
(4) The, "cost of metal as of the contract date" means the contractor's established price or in the absence of an established price, the contractor's cost based on either the contractors cost to produce (if a manufacturer) or the metal manufacturer's quoted price to the contractor for the metal in its manufactured state delivered to the contractor. (In the case of contracts awarded to dealers, the words "Subcontractor or Supplier" are substituted for the word "Contractor" in this definition.)
c. Each contract unit price shall be subject to adjustment to reflect changes (increases or decreases) in the cost of metal identified in b(3) above used in the manufacture of the supplies occurring after the contract date and before the contract delivery date. For each adjustment the contractor must furnish to the contracting officer proof of shipment, evidence to establish the cost of the metal identified in b(3) above as of the contract date and the cost of the metal used in manufacturing the supplies.
d. Adjustment of the contract unit price under this clause shall be subject to the following conditions:
(1) The total of the increases in my contract unit price shall not exceed __________ percent of the contract unit price as of the contract date. However, if the unit prices as of the contract date are decreased during performance pursuant to the changes or other clauses of the contract, the aforesaid limitation applies to the decreased unit prices.
(2) The contractor's entitlement to price increases shall be waived, unless the contractor's written request therefor is received
by the contracting officer within 120 days after the date of final shipment of all supplies under the contract.
(3) No adjustment will be made on CLIN unit prices for price increases which occur after date of production of the item using
the metal identified in b(3) above, the date of Government acceptance if origin acceptance is required or accomplished, or the contract delivery date, whichever is earlier.
(4) No adjustment shall be made under this clause unless the mount of adjustment in the total contract price amounts to $250 or more. When there are several increases or decreases during the performance of the contract, amendment of the contract may be delayed until the supplies are delivered.
e. The contractor shall promptly notify the contracting officer in writing the amount and effective date of each decrease in the cost of metal identified in b(3) above and each contract unit price shall he decreased accordingly. For each decrease, the contractor must furnish evidence as cited in paragraph c above,
f. Unless the contractor advises otherwise, the contractor's submission of a final invoice shall constitute a certification that there have been no decreases in the cost of the b(3) metal used in the manufacture of the contract supplies or that all such decreases have been reported to the contracting officer.
g. The contracting officer or his authorized representative may examine the contractor's records and other supporting data relating to changes in the contract pricing under this clause during all reasonable times until the expiration of three years from the date of final payment under this contract.
NOTE
: If the contractor changes production facilities after the contract date, price adjustments under paragraph c will be limited to the change in the cost of metal of either the original production facility or the substitute facility, whichever is less, from the contract date to the date of shipment, date of Government acceptance when origin inspection is required, or the contract delivery date, whichever is earlier.
I23 - ECONOMIC PRICE ADJUSTMENT - BASIC METAL PRODUCTS (DSCC 52.216-9C32) (MAR 1997)
(a) Definitions: As used in this clause,
(1) the term "contract date" means:
(i) the date of bid opening in the case of sealed bid solicitations;
(ii) the date of award in the case of negotiated solicitations, except that with respect to any set-aside portion of this solicitation, the words mean the date of bid opening for the non-set-aside portion, if sealed bid, or the date of award for the non-set-aside portion, if negotiated, or
(iii) the effective date of contract modification adding additional CLINs to the contract, except that if additional CLINs are added pursuant to the clause entitled "Option for Increased Quantity", the date specified in (i) above for sealed bid solicitations and in (ii) above in (i) above for sealed bid solicitations and in (ii) above for negotiated solicitations shall be applicable.
(2) The term "established price" is one which is a current catalog, list, or market price (either maintained by the contractor if the contractor is a manufacturer, or if the contractor is a dealer, maintained, by his manufacturer or supplier) for a commercial item sold in substantial quantities to the general public and meets the criteria of FAR 15.804-3(c); but is decreased by applying any applicable standard trade discounts offered by the contractor (or the manufacturer) from the catalog, list or market prim.
(3) The term "unit price" means the contract unit price as of the contract date less the amount included therein for presentation, packaging, packing and marking beyond standard commercial practice and the amount included for transportation, if this contract requires delivery F.O.B. destination.
(4) The words "contract delivery date" refer only to the delivery schedule as originally stated in the contract as of date of award or as stated in option exercises as of date of award or as stated in option exercises as of date issued plus any extension attributable solely to reasons determined by the contracting officer to be excusable within the meaning of paragraph (c] of the "Default" Clause (FAR 52.249-8). The words "contract delivery date" do not include any extension of the delivery schedule, however accomplished, except for such excusable causes.
(b) The contractor represents that the CLINs to be delivered under this contract are supplies for which, except for modification required by this contract, the contractor has an established price and that any difference between the contract unit price (including option price, if applicable) and the contractor's established price for like quantities are due to compliance with contract requirements including preservation, packaging, and packing beyond standard commercial practice and the amount included for transportation, if this contract requires delivery f.o.b. destination.
(c) The contractor shall promptly notify the contracting officer in writing the amount and effective date of each decrease in the applicable established price, and of each decrease in the applicable established price, and each contract unit price (as of contract date or as reduced by any modification after date of award) shall be decreased by the same percentage that said established price is decreased. Each decrease shall apply to CLINs delivered on or after the effective date of the decrease in the contractor's established price, and this contract shall be modified accordingly. The submission of the final invoice under this contract will constitute confirmation by the contractor that either there have been no decreases or that all such decreases have been reported to the contracting officer.
(d) If the established price for any CLIN is increased after the contract date, the CLIN unit price, as of contract date or as reduced by any modification after date of award, shall be increased upon the contractor's written request to the contracting officer by the same percentage that the established price is increased, subject to the conditions stated below; however, any increase in a CLIN unit price after date of award will not be subject to adjustment unless authorized by the modification:
(1) Each written request for price increase must be accompanied by proof of shipment and a copy of the catalog or price list or other evidence to show the established net price in effect on the contract date and similar evidence to show the established net price as increased. Also, evidence must be furnished to establish the amount included in the contract unit price for presentation, packaging, packing and marking beyond standard commercial practices and transportation costs, if this contract requires delivery on an F.O.B. destination basis.
(2) Each increase in the contract unit price shall be effective on the effective date of each increase in the applicable established price. The contractor's entitlement to price increases shall be waived, unless the contractor's written request therefor is received by the contracting officer within 60 days after the date of final shipment of supplies under the contract.
(3) The total of the increases under this clause shall not exceed ___ percent of the unit price.
(4) No adjustment will be made on CL unit prices for price increases which occur after date of shipment, date of Government acceptance if origin acceptance is required or accomplished, or the contract delivery date, whichever is earlier.
(e) No adjustment shall be made under this clause unless the mount of adjustment in the total contract price amounts to $250 or more. When there are several changes in the established price during the performance of the contract, amendment to the contract may be delayed until an accumulation of the increases or decreases results in a net change of at least 2% of the total contract price, or until completion of the contract.
NOTE
: If the contractor changes production facilities after the contract date, price adjustments under paragraphs c and d will be limited to the change in the established price of either the original production facility or the substitute facility, whichever is less, from the contract date to the date of shipment, or the contract delivery date, whichever is earlier.
I24 - ECONOMIC PRICE ADJUSTMENT - ESTABLISHED PRICE (DSCC 52.216-9C33) (MAR 1997) (Negotiated Contracts)
(a) Definitions: As used in this clause,
(1) The term "established price" is one which is a current catalog list, or market price (either maintained by the contractor if the contractor is a manufacturer, or if the contractor is a dealer, maintained by his manufacturer or supplier) for a commercial item sold in substantial quantities to the general public and meeting the criteria of FAR 15.804-3(c); but is decreased by applying any applicable standard trade discounts offered by the contractor (or the manufacturer) from the catalog, list or maker price;
(2) The term "contract date" means;
(i) the date of bid opening for advertised solicitations. If the solicitation contains a Small Business Set-Aside Portion, the "contract date" for the set-aside portion will be the date of bid opening for the non-set-aside portion;
(ii) the date of award for negotiated solicitations. If the solicitation contains a Small Business Set-Aside Portion, the contract date for the set-aside portion will be the date of award of the non set-aside portion.
(b) The contractor represents that the CLINs to be delivered under this contract are supplies for which the contractor has an established price and that any differences between the contract unit price (including option price, if applicable) and the contractor's established price for like quantities of the nearest commercial equivalent are due to compliance with contract requirements including presentation, packaging, and packing beyond standard commercial practice and the amount included for transportation, if this contract requires delivery f.o.b. destination.
(c ) The contractor shall notify promptly the contracting officer, in writing, the mount and effective date of each decrease in the applicable established price, and each contract unit price shall be decreased by the same percentage that said established price is decreased.
(d) If the contractor's applicable established price is increased after the basic contract date, the CLIN unit price shall be increased, upon the contractor's request in writing to the contracting officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following conditions:
(1) Price decreases under paragraph (c ) above are not subject to any limitation. Price increases made under this clause shall not exceed ____ percent of the basic contract unit price per contract year.
(2) Delivery orders issued prior to the effective date of a modification incorporating a new established price will not be modified.
(3) Each request for increase must be supported by data to substantiate the contractor's increase in established price.
(e) When the basic contract period is extended, the established price effective on that date will be included in the modification issued to extend the contract period.
I25 - ECONOMIC PRICE ADJUSTMENT - SILVER BRAZING (DSCC 52.216-9C34) (MAR 1997)
(a) This clause applies to items of supply requiring silver brazing and provides for adjustment in the contract unit price o result of changes in the cost of silver brazing.
(b) Definitions: As used in this clause,
(1) The term "contract date" means,
(i) the date of bid opening in the case of scaled bid solicitations;
(ii) the date of award in case of negotiated solicitations, except that with respect to any set-aside portion (Combined Small Business Labor Surplus Area, Labor Surplus Area or Small Business) of this solicitation, the words mean the date of bid opening for the non-set-aside portion, if sealed bid, or the date of award for the non-set-aside portion, if negotiated, or the effective date of contract modification adding additional CLINs to the contract, except that if additional CLINs are added pursuant to the clause entitled "Option for increased Quantity", the date specified in (i) above for sealed bid solicitations and in (ii) above for negotiated solicitations shall be applicable.
(2) The words "contract delivery date" refer only to the delivery schedule as originally stated in the contract as of date of award or as stated in option exercises as of date issued plus my extension attributable solely to reasons determined by the contracting officer to be excusable within the meaning of paragraph (c ) of the "Default" Clause (FAR 52.249-8). The words "contract delivery date" do not include any extension of the delivery schedule, however accomplished, except for such excusable causes.
(c) Each contract unit price shall be subject to adjustment pursuant to this clause to reflect changes (increases or decreases) in the cost of silver brazing used in the manufacture of the supplies occurring after the contract date and before the contract delivery date. For each adjustment the contractor must furnish to the contracting officer, proof of shipment, evidence to establish the cost of silver brazing as of the contract date and the cost of silver brazing used in the manufacture of the supplies.
(d) Adjustment of the contract unit price under this clause shall be subject to the following conditions:
(1) The total of the increases in any contract unit price shall not exceed ____ percent of the contract unit price as of the contract date. However, if the unit prices as of the contract unit date are decreased during performance pursuant to the changes or other clauses of the contract, the aforesaid limitation applies to the decreased unit prices.
(2) The contractor's entitlement to price increases shall be waived, unless the contractor's written request therefor is received by the contracting officer within 60 days after the date of final shipment of all supplies under the contract.
(3) No adjustment will be made on CLIN unit prices which occur after date of shipment, date of Government acceptance if origin acceptance is required or accomplished, or the contract delivery date, whichever is earlier.
(4) No adjustment shall be made under this clause unless the mount of adjustment in the total contract price amounts to $250 or more.
(e) Unless the contractor advises otherwise, the contractor's submission of a final invoice shall constitute confirmation that there have been no decreases in the cost of silver brazing used in the manufacture of the contract supplies or that all such decreases have been reported to the contracting officer.
(f) The contracting officer or his authorized representative may examine the contractor's records and other supporting data relating to changes in the contract pricing under this clause during all reasonable times until the expiration of three years from the date of final payment under this contract.
I26 - ECONOMIC PRICE ADJUSTMENT - STANDARD SUPPLIES (DSCC 52.216-9C42) (JUN 1997)
(a) The unit prices shown in the B1 schedule are to be directly related to the contractor's established price. "Established Price" in this clause refers to a price that (1) is an established catalog or market price for a commercial item sold in substantial quantities to the general public, (2) meets the criteria of subsection 15.804-3 of the Federal Acquisition Regulation (FAR) and (3) is the net price after applying any standard trade discounts offered by the contractor. "Unit price" (in this clause) refers to the prices shown in the schedule excluding any part of the price which is documented as being a direct result of requirements for preservation, packaging, packing beyond standard commercial practice, or transportation charges.
(b) The Contractor warrants that the unit price stated in the B1 schedule for all items is not in excess of the Contractor's applicable established price in effect on the contract date for like quantities of the same item.
(c) If there are any changes in prices, the Contractor shall submit a new price list to the contracting officer at least 30 days prior to the expiration date of the current contract period (or option period). Price adjustments shall meet the requirements as outlined in section (a). The list shall include, at a minimum, the following information: the NSN, the manufacturer's part number, the CLIN, the old price(s),
and the new price(s).
(d) The Contracting Officer shall make the determination whether or not to exercise the option on some or all of the items. Any change in prices will apply only to items ordered on or after the effective date of the option period.
(e) The correlation between the new unit prices and the newly "established prices" (price list) shall be equal to or be a lower percentage than was originally negotiated. For example, if the negotiated unit price in the original contract is $.90 and the established price is $1.00, the correlation is a unit price that is 90% of the established price. Therefore, if the contractor requests a price change for the same item and the newly established price (list) is $1.05, the contract unit price could be increased to $.945.
(f) Aggregate price increases shall not exceed 10% for any given option year. The aggregate price shall be determined by comparing the total of the product of the current item unit prices multiplied by the estimated annual quantities for each item for the relevant option year to the product of the proposed unit prices multiplied by the estimated annual quantities for each item for the relevant option year. If the aggregate price increase exceeds the 10% limit, the parties shall negotiate a reduction in the unit prices that shall reduce the above determined aggregate price increase to 10% or less.
NOTE
: For contract awards which contain numerous NSN's, a computer diskette (formatted in ASCII) containing award prices in the Schedule (Section B-1) may be provided to the contractor along with the hard copy of the award. If applicable, any changes in prices should be submitted to the contracting officer by the contractor on a diskette as well as in hard copy format. If only some of the prices change, the contractor shall properly identify which prices are changing in accordance with the provisions of this EPA clause. The contractor shall be responsible for maintaining a copy of the diskette for its own use.
I27 - ECONOMIC PRICE ADJUSTMENT - OPTION PERIOD PRICING FOR INDEFINITE DELIVERY TYPE CONTRACT(S) (DSCC 52.216-9C41) (JUN 1997)
(a) Definitions: As used in this provision
(1) The term "contract year" means a period of 12 months beginning on the effective date of contract.
(2) The economic indicator for the purpose of price adjustment under this clause shall be the revised version, which was
published four months after initial publication of the Producer Price Index (PPI) stated below in the monthly report entitled "Producer Prices and Price Indexes" by the Bureau of Labor Statistics, U.S. Department of Labor. CODE NUMBER ____________________ COMMODITY _______________________________
(3) The base index for the initial option period (i.e., the second year of the contract) shall be the revised PPI stated in (a)(2)
above for the month of the effective date of contract. For any subsequent option period, the base index will be the adjusting index for the preceding contract year. For example, if the contract was awarded in March 1988, the base index for the first option period will be the revised PPI for March 1988 and the adjusting index will be March 1989.
(4) The adjusting index for the initial option period shall be the revised PPI stated in (a)(2) above for the 12th month following
the month of the effective date of contract. For any subsequent option periods, the adjusting index shall be the revised PPI stated in (a)(2) above for the 12th month following the month of the adjusting index for the preceding contract year.
(b) When the option is exercised, the contracting officer, upon receipt of Department of Labor revised indexes, will compute the price adjustment to be made for each contract line item, as provided in paragraphs (c), (d), and (e) below. The adjusted prices will be set forth in a contract modification and will be used in pricing delivery orders issued during that option period of the contract. Any delivery order that may be issued prior to any price change being made will be amended to reflect the revised prices. No other adjustments will be made to the price of delivery orders issued during each option year under this provision.
(c) The contract unit prices for supplies (excluding data or first article CLINs) ordered during an option period shall be subject to adjustment upward or downward based upon the formula set forth below:
Revised price = (Adjusting Index divided by Base Index*) X Contract Unit Price.
*This quotient shall be rounded to five places to the right of the decimal point prior to performing the multiplication step of the equation.
The resulting adjusted unit price will be rounded to the nearest cent; i.e., amounts of $.005 to $.009 shall be rounded upward and amounts of $.001 to $.004 shall be rounded downward.
EXAMPLE:
Assume: Base Index = 150.3
Adjusting Index = 165.1
Original Unit Price = $8.33
Calculations:
165.1 divided by 150.3 = 1.0984697 rounded to five places right of the decimal point is 1.09847.
1.09847 X $8.33 = $9.1502551 rounded to $9.15.
(d) Price increases shall not exceed 10 percent of any contract unit price for any given option year.
(1) No adjustment will be made under this clause unless the total change in the total estimated amount for the option period
is $500 or more.
(2) The contractor shall include a statement on the final invoice that amounts invoiced under this contract reflect all decreases
required by this clause.
(e) Price adjustments pursuant to this clause will be made by modification to the contract which will show the base index, the adjusting index, the percentage of difference between the two indexes, rounded off to five places to the right of the decimal point, and the adjusted unit price(s).
(f) Should the Bureau of Labor Statistics, U.S. Department of Labor -
(1) discontinue an index identified herein,
(2) fail to publish an index identified herein for any month, or
(3) change the method of computation of an index identified herein during the initial contract period or option periods
thereafter, the parties shall agree upon an appropriate substitute index or adjustment. If the contracting officer determines that the index consistently and substantially fails to reflect market conditions, the contracting officer may amend the contract to specify use of an appropriate substitute index, effective on the date the index specified in the contract begins to consistently and substantially fail to reflect market conditions.
(g) Any dispute under this clause shall be resolved pursuant to the Disputes Clause of this contract.
I28 - ECONOMIC PRICE ADJUSTMENT FOR OPTION PERIOD FOR NSN REQUIREMENTS TYPE AND INDEFINITE QUANTITY CONTRACTS (DSCC 52.216-9C05) (JAN 1992)
a. Definitions: As used in this clause,
(1) The term "contract date" means: the date of bid opening for advertised solicitations.
(i) If the solicitation contains a Small Business Set-Aside portion, the "contract date" for the set-aside portion will be the date of bid opening for the non set-aside portion;
(ii) the date of award for negotiated solicitations. If the solicitation contains a Small Business Set-Aside Portion, the contract date for the set-aside portion will be the date of award of the non set-aside portion.
(2) The term "contract year" means a period of 12 months beginning on the contract date.
(3) The economic indicator for the purpose of price adjustment under this clause shall be revised version (generally published 4 months after initial publication) of the Producer Price Index (PPI) stated below in the monthly report entitled "Producer Prices and Price Indexes" by the Bureau of Labor Statistics, U.S. Department of Labor. The applicable PPI is:
CODE NO. ___________ COMMODITY __________
(4) The intent of this clause is to establish a revised contract unit price at the beginning of each option period that will be valid for the entire option period, The base index for the first option period (i.e., the second year of the contract) shall be the most current published revised PPI, stated in (a)(3) above, that is available at the contracting activity at the time of contract award. For any subsequent option periods, the adjusting index (see paragraph 5 below) that was used for the preceding year will become the base index for the succeeding year. For example, the adjusting index used for the first option period of the contract would become the base index for the second option period of the contract.
(5) In order to have a finalized price in effect on the date the contract extension becomes effective, the adjusting index for the option periods shall be the most current published revised PPI stated in (a)(3) above, that is available at the contracting activity the time the modification is issued to extend the contract period.
b. When the contract period is extended, the procuring contracting officer will compute the price adjustment to be made for each contract line item, as provided in paragraphs c, d and e below. The adjusted prices will be included in the modification issued to extend the contract period and will be used in pricing all delivery orders issued during the extended period of the contract. No further adjustments shall be made to the contract prices during the contract year.
c. The contract unit prices for supplies (excluding data or first article CLINS) shall be subject to adjustment upward or downward by the percent of difference (+ or -) between the base index and the adjusting index. If the contract unit prices are decreased pursuant to the changes clause or other clauses of the contract, the decreased unit prices shall be used for adjustment purposes in lieu of the contract unit prices, Any increase in the contract unit prices after contract date will be subject to adjustment as authorized by the modification.
d. Price decreases under paragraph c above are not subject to any limitation. Price increases shall not exceed 10% of the original contract unit price for each contract year; however, a lesser percentage may be specified below: __________ % of increase - Not to Exceed _________ %.
e. Price adjustments pursuant to this clause will be made by modification to the contract which will show the base index, the adjusting index and the percentage of difference of these rounded off to the fifth decimal place.**
f. Should the Bureau of Labor Statistics, U.S. Department of Labor - (1) discontinue an index identified herein, (2) fail to publish an index identified herein for any month, or (3) change the method of computation of an index identified herein during the effective period of the contract, the parties shall agree upon an appropriate substitute index or adjustment.
g. Any dispute under this clause shall be resolved in accordance with the Disputes Clause of this contract.
**NOTE - EXAMPLE:
Assume: Base Index - 150.3
Adjusting Index - 165.1
Contract Unit Price - $83,333
Adjustment Formula: Revised price equals adjusting index divided by base index times contract unit price.
Example:
165.1 = 1.0984697 rounded to 1.09847
150.3
1.09847 x $83,333 = $91,538.801 adjusted unit price.
The results adjusted unit price will be rounded to the nearest cent, i.e., increases amounting to $.005 to $.009 shall be rounded upward to the next cent and changes of $.00 I to $.004 shall be rounded to the lower cent.
h. If the contracting officer determines that the index consistently and substantially fails to reflect market conditions, the contracting officer may amend the contract to specify use of an appropriate substitute index, effective on the date the index specified in the contract begins to consistently and substantially fail to reflect market conditions.
I29 - CONTRACT QUANTITY LIMITATIONS (DSCC 52.216-9C06) (MAR 1998)
[ ] (a) For the purposes of determining the obligations of the parties hereto with respect to the quantities to be furnished/ordered during the contract period, the following minimum and maximum quantities or dollar figures are established:
(1) Minimum Quantity or Dollar Figure: $____________
(2) Maximum Quantity or Dollar Figure: $____________
The Government is obligated to order only the minimum quantity or dollar figure stated above.
[ ] (b) PARTIAL SET-ASIDES - If this solicitation provides for a partial Small Business set-aside and the resulting award is made to a contractor receiving the set-aside and non set-aside portion, the quantities specified in paragraph (a) will be doubled.
[ ] (c) Multiple NSNs - The CONTRACT MINIMUM will be ____________, which is the total of the individual quantities or dollar estimates for all NSNs listed below. The totals listed below are estimates only and will be used to determine the minimum quantity or dollar value of the contract in the event of split awards. If there are split awards, the contract minimum will become the total of the estimates below for the NSNs awarded. The resulting contract minimum applies to the entire range of items awarded and does not guarantee that the Government will purchase any particular quantity or dollar amount of any NSN awarded. The CONTRACT MAXIMUM will be ___________.
MINIMUM QUANTITY
OR
NSN DOLLAR VALUE
_________________________ _____________________
_________________________ _____________________
I30 - OPTIONS FOR INCREASED QUANTITY (DSCC 52.217-9C03) (FEB 1995)
(a) The Government may require delivery of the CLIN(S) identified as Option CLIN(S) in Section B, in the quantity and at the price stated in the schedule.
(b) The option may be exercised in one or more increments at the time of award and after award during the period of the contract delivery schedule minus 14 days. A written notice mailed or otherwise furnished by the DSCC contracting officer to the contractor within the time specified shall constitute an exercise of the option. Delivery schedule is defined as follows:
(1) The delivery schedule means a period of time from the date of award to the last scheduled delivery date of any CLIN, including CLINs added by modification (other than option exercises) as stated in the modification.
(2) Modifications extending the delivery schedule shall be interpreted as extending the option period, unless otherwise stated in the modification.
(3) Modifications accelerating the delivery schedule shall NOT be interpreted as reducing the option period, unless otherwise stated in the modification.
(c ) Prior to option exercise, the contractor voluntarily may reduce option price or improve delivery time by written notice to the contracting officer.
(d) Delivery of supplies ordered pursuant to this clause shall be required within the same number of days as the original contract quantity, computed from date of option exercise. However, if First Article Testing is required under the contract and the First Article Test has been waived or passed at time of award of the option, delivery time for option quantities shall be reduced by the amount of time specified for reduction based upon FAT waiver as specified under contract clauses I43a or I44a. If additional time is required for delivery of the option quantity the contractor must submit a written request to the contracting officer within 10 days after receipt of option notice.
(e) If the specifications are changed prior to option exercise or if the option exercise specifies different delivery points or packing requirements other than stated in the contract, the price and delivery time for the option exercise quantity shall be subject to adjustment under the clause entitled "Changes".
(f) The Government may reject an offer as nonresponsive if it is materially unbalanced as to prices for the basic requirement and the option quantities. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.
NOTE: FAILURE TO SUBMIT AN OFFER ON THE OPTION CLIN(S) IN SECTION B MAY RESULT IN REJECTION OF BID/OFFER
.
I30a - OPTION TO INCREASE QUANTITIES - SEPARATELY PRICED LINE ITEMS (DSCC 52.217-9C04) (JUN 1989)
(Applicable to Multiyear only)
(a) The Government may require delivery of the CLIN(S) identified as option CLIN(S) in Section B, in the quantity and at the price stated in the schedule. This option shall be valid under either a single year or a multiyear award.
(b) The option to increase quantities may be exercised in one or more increments by written notice mailed or otherwise famished by the procuring contracting officer to the contractor, subject to the following conditions:
(1) The option shall apply to each program year quantity and may be exercised by the Government at any time up to 14 days prior to the last scheduled delivery date of any program year.
(2) Modification extending the delivery schedule shall be interpreted as extending the option period, unless otherwise stated in the modification.
(3) Modifications accelerating the delivery schedule shall not be interpreted as reducing the option period, unless otherwise stated in the modification.
(4) Option quantities will be delivered as set forth in Section F.
(5) If the specifications are changed prior to option exercise or if the option exercise specifies different delivery points or packing requirements than stated in the contract, the price and delivery time for the option exercise quantity shall be subject to adjustment under the clause entitled "Changes."
(6) Prior to option exercise for any program year requirement, the contractor may voluntarily reduce the option price or improve delivery time by written offer to the contracting officer.
(c ) The Government may reject an offer as nonresponsive if it is materially unbalanced as to prices for the basic requirement and the option quantities. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.
NOTE: FAILURE TO SUBMIT AN OFFER ON THE OPTION CLIN(S) IN SECTION B MAY RESULT IN
REJECTION OF BID/OFFER
I30b - OPTION FOR INCREASED QUANTITY (DSCC 52.217-9C22) (JUNE 1999) (Tailored FAR 52.217-6)
The Government may increase the quantity of supplies called for in the Schedule at the
unit price specified. The Contracting Officer may exercise the option by written notice to
the Contractor within 14 days. The option quantity may be exercised in increments up to
the maximum option quantity. Delivery of the added items shall continue at the same rate
as the like items called for under the contract, unless the parties otherwise agree.
I31 - CONTRACT PERIOD (DSCC 52.216-9C03) (MAR 1981)
(a) The contract period will be for one year beginning
[ ] on date of award;
[ ] on a date to be specified not later than 13 days after date of award.
The effective date of the contract will be stated in the award.
(b) If this solicitation provides for a partial set-aside, contracts awarded for the set-aside portion of this acquisition will contain the same terms and conditions as in this solicitation. The contract period for the set-aside portion will be adjusted to expire on the ending date for the non-set-aside contract; however, orders will be equitably distributed between the non-set-aside and the set-aside contracts based on the contract period of the non-set-aside contract.
I32 - PRICING OF DELIVERY ORDERS (DSCC 52.216-9C02) (DEC 1979)
(a) In pricing delivery orders requiring delivery of one NSN to multiple destinations, the price for each destination will be based on:
[ ] (1) The quantity range price based on the total quantity of the NSN being procured under each delivery order regardless of destination.
[ ] (2) The quantity being shipped to each destination.
(b) If this solicitation provides for partial set-aside and the set-aside portion is awarded to the same contractor receiving the award on the non-set-aside portion, the pricing of delivery orders will be accordance with paragraph (a) above.
(c) The minimum quantity to be ordered, per destination, will be the minimum ordering range quantity if specified in section B hereof, for each item.
I33a - ORDERING (FAR 52.216-18) (OCT 1995)
I33b - ORDERING (DSCC 52.216-9C56) (OCT 1995)
(Tailored FAR 52.216-18)
This clause is applicable to CLIN(s) __________ and ___________ only.
(a) Any supplies and services to be furnished under this contract shall be ordered by unilateral delivery orders issued by the Defense Supply Center Columbus (Electronics PCO). Such orders may be issued from date of contract award through __________ (__________) calendar days, if the option is exercised.
(b) All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery 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.
I34 - ORDER LIMITATIONS (FAR 52.216-19) (OCT 1995)
I34a - ORDER LIMITATIONS (DSCC 52.216-9C04) (OCT 1995)
a. Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than __________ (insert dollar figure or quantity), 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 each;
(2) Any order for a combination of items in excess of;
or
(3) A series of orders from the same ordering office within 30 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.
I34b - ORDER LIMITATIONS (DSCC 52.216-9C44) (OCT 1996)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _________________________ 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 _____________________
(2) Any order for a combination of items in excess of ____________ each; or
(3) A series of orders from the same ordering office within 30 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) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, 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 _____ 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.
I34c - ORDER LIMITATIONS (DSCC 52.216-9C45) (OCT 1996)
a. The following applies to awards made on an ALL-OR-NONE basis:
(1) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than __________ each per Item Number to be ordered, the Government is not obligated to purchase, nor is the contractor obligated to furnish, those supplies or services under the contract.
(2) Maximum order. The Contractor is not obligated to honor --
(a) Any order for a single item in excess of _____________
(b) Any order for a combination of items in excess of ______________ each; or
(c) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (a) or (b) above.
b. The following applies to awards made on a STAND-ALONE-basis:
(1) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than _________________ the Government is not obligated to purchase, nor is the contractor obligated to furnish, those supplies or services under the contract.
(2) Maximum order. The contractor is not obligated to honor-
(a) Any order for a single item in excess of _______________
(b) 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 (2) of this section.
(c) Notwithstanding paragraphs (2) and (3) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (2), 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.
I34d - ORDER LIMITATIONS (DSCC 52.216-9C46) (OCT 1996)
This clause is applicable to CLINs _________ and __________ only.
No minimum or maximum dollar limitations are set for Delivery Orders issued under the terms of this contract.
I35 - ESTIMATED TOTAL QUANTITY (DSCC 52.216-9C20) (MAY 1981)
a. The estimated total quantity the Government expects to order during the contract period is as follows:
CLIN(s) QUANTITY CLIN(s) QUANTITY
______ __________ _______ __________
______ __________ _______ __________
______ __________ _______ __________
b. In the event this solicitation provides for a partial set-aside the estimated total quantity for the set-aside portion is as provided in the clause entitled "Set-Aside Portion" set forth in Section I of the solicitation.
NOTE
: It is anticipated that the quantities listed will remain constant for the additional option periods indicated in Clause I40.
I36 - OPTION TO EXTEND THE TERM OF THE CONTRACT (FAR 52.217-9) (MAR 1989) (SERVICES)
I38 - EXERCISE OF OPTION TO FULFILL FOREIGN MILITARY SALES COMMITMENTS (DFARS 252.217-7000) (DEC 1991)
I38a - EXERCISE OF OPTION TO FULFILL FOREIGN MILITARY SALES COMMITMENTS (DFARS 252.217-7000), ALTERNATE I (DEC 1991)
I39 - OPTION TO EXTEND THE TERM OF THE CONTRACT-PRICE REDETERMINATION (DSCC 52.217-9C11) (JUL 1994)
(a) The Government may extend the term of this contract by written notice to the contractor no later than 14 days prior to the expiration of the contract; provided, that the Government shall give the contractor preliminary written notice of its intent to extend at leas 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 provision. Each exercise of this option, if any, will extend the term of this contract by 12 months. The total duration of this contract, including the exercise of all options under this clause, shall not exceed 60 months.
(c) The prices under each option extension shall be the redetermined prices established in accordance with DSCC 52.216-9C43, Customer Value Contracting (CVC) Price Redetermination - Prospective.
I40 - EXTENSION OF CONTRACT PERIOD (DSCC 52.217-9C13) (FEB 1995)
a. The contract period, at the option of the Government, may be extended for additional yearly periods by the Procuring Contracting Officer mailing or furnishing notice of extension to the contractor at least 14 days prior to the expiration date of the contract.
b. If the Government exercises this option for extension of the contract term, the contract as extended shall be deemed to include this option clause. However, the total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
c. If this option is exercised, the price for each succeeding year shall be adjusted pursuant to the applicable "Economic Price Adjustment" clause of this contract, and such prices shall be used in the pricing of delivery orders issued during each yearly extension of the contract.
d. If the Contractor chooses to accept any of the option years, the offered price, in order to be responsive/acceptable, must be no higher than is offered on the first year (for adjustments see paragraphs c and d(1) of clause I24, or paragraph a(4) and a(5) of Clause I28 or paragraph d of FAR Clause 52.216-4 which is incorporated by reference whichever applies.)
e. This clause will be used in evaluation of offers.
OFFEROR MUST CHECK THE FOLLOWING BLOCKS FOR OPTION YEARS
:
A __________ year contract is desired.
[ ] No option is acceptable.
[ ] Option is acceptable for 2nd contract year.
[ ] Option is acceptable for 3rd contract year.
[ ] Option is acceptable for 4th contract year.
[ ] Option is acceptable for 5th contract year.
NOTE
: See Clause I35 for estimated option quantities. Failure to accept option years as requested may result in rejection offer.
I41 - EXTENSION OF CONTRACT PERIOD (DSCC 52.217-9C12) (JUN 1989)
The period of this contract may be extended by the Government one or more times, for a period of not less than _________ days for each extension; however, the total of such extensions shall not exceed [ ] ninety (90) days [ ] __________.
The contract period may be extended by the Government's mailing or otherwise furnishing notice of extension to the contractor at least fourteen (14) days prior to the expiration date of the contract. The expiration date is that date set forth in the contract at the time of award or the expiration date specified in any extension of the contract period pursuant to this clause. The contract prices shall apply during an extension of the contract period, unless different prices for the extended contract period are entered in the space provided in Section B. The Government may reject an offer as nonresponsive if it is materially unbalanced as to prices for the basic requirement and the option quantities. An offer is unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work. This Clause will be used in the evaluation of offers.
I42 - DEFINITE QUANTITY (FAR 52.216-20) (OCT 1995)
I43 - FIRST ARTICLE APPROVAL - CONTRACTOR TESTING (FAR 52.209-3) (SEP 1989) with ALTERNATE I (JAN 1997)
I43a - ADDITIONAL REQUIREMENTS - FIRST ARTICLE APPROVAL - CONTRACTOR TESTING (DSCC 52.209-9C07) (APR 1996)
(a) The written notice required by paragraph (a) of Clause I43 must be furnished to the following:
[ ] Defense Supply Center Columbus
P.O. Box 16704
ATTN: Contracting Officer, DSCC-__________
Columbus, Ohio 43216-5010
[ ] DCAS - Inspection Activity indicated in the contract.
(b) The following note is applicable to paragraph (b) of Clause I43.
NOTE
: Offerors without affecting the responsiveness of their offers, may extend the time for submission of the first article test report provided the required delivery date for the contract quantity is adhered to.
(c) The Inspecting Activity Quality Assurance Representative (QAR) shall witness the First Article testing.
(d) The Contractor shall prepare the First Article Approval test report in accordance with latest issue of Military Standard 831 entitled "Test Reports, Preparation of" in a sufficient number of copies to satisfy his requirements and to provide one copy for the QAR and two copies for the Contracting Officer, ATTN: DSCC-___________.
(e) The Contractor shall present the completed report to the QAR. The QAR shall review the report, prepare recommendations, countersign and forward two copies to the Contracting Officer, ATTN: DSCC-__________. The approval time specified in paragraph b, Clause I05A, shall begin to run the date that the contracting officer receives the test report.
(f) The Contractor shall certify with each first article that the same manufacturing process/operation(s), including material and material suppliers, will be used for the production quantity as for the first article. After successful completion of the First Article Test, any change in the manufacturing process/operation(s) is prohibited unless specifically approved in writing by the DSCC contracting officer. A written request for approval of a change in the manufacturing process/operation(s) must be submitted to the contracting officer. Changes in the manufacturing process/operation(s) may be approved, provided (1) the change will not cause a delay in delivery or necessitate a change in the purchase description; and (2) if the Government determines a new First Article Test is necessary, the Contractor agrees to cover the cost of a new First Article Test and agrees to reduce the contract price to cover the Government's cost to inspect the new First Article Test. The rights hereby provided the Government are in addition to and do not limit any rights of the Government under other clauses of this contract.
(g) First Article Testing may be waived. In the event of waiver for individual offers, such offers will be evaluated without considering the cost thereof. Offerors who, under a prior Government contract, have tested and secured approval of a first article similar to the item to be procured under this solicitation must furnish the following information with their offer: Identify Government agency (including address) approving the test report, including contract number and date; attach two copies of approved test report, and attach a listing showing material differences, if any, between the item previously tested and the item to be supplied pursuant to this solicitation.
(h) When First Article Approval is waived, the delivery time will be reduced by ___________ calendar days as allowed in paragraph (b) of Clause I05, for Contractor testing and Government approval, unless offeror specifies a different reduction period below:
Number of Days Reduction: _______________
(i) Subject to paragraph (e), Clause I43, the approved first article shall be retained by the contractor, modified to include any deviations or changes approved subsequent to first article approval, and delivered as the last item of the contract quantity.
(j) Prior to approval of first article, progress payments, if authorized by the contract, shall be limited to seventy-five (75) percent of the contract unit price of the item being tested.
[ ] Contractor to forward the residual component of first article expended in testing with the test report.
I43b - FIRST ARTICLE APPROVAL - CONTRACTOR TESTING - REQUIREMENTS FOR INDEFINITE DELIVERY TYPE CONTRACTS SUPPLEMENTING CLAUSE I43 (DSCC 52.209-9C09) (APR 1985)
Paragraphs (a) and (b) below supplement paragraphs (a) and (b) of Clause I43.
(a) The first article is __________ units of NSN ___________ which shall be tested after the date of issuance of the first
delivery order under this contract. At least __________ calendar days prior to the beginning of first article approval tests, the contractor shall furnish written notice to the Contracting Officer, and the inspection activity assigned to this contract as to the time and place of testing.
(b) Within _________ calendar days from the date of issuance of the first delivery order, the first article approval test report
shall be forwarded in accordance with paragraphs (e) and (f) below, marked "First Article: Contract No. SP0______________ , NSN _____________________," The Contracting Officer shall, by written notice to the Contractor within __________ calendar days after receipt of such test report by the Government
(c) The following note is applicable to paragraph (b) above.
NOTE
: Offerors, without affecting the responsiveness of their offers, may extend the time for submission of the first article test report provided the required delivery date is adhered to.
(d) The Inspecting Activity Quality Assurance Representative (QAR) shall witness the First Article testing.
(e) The Contractor shall prepare the First Article Approval test report in accordance with
latest issue of Military Standard 831 entitled "Test Reports, Preparation of" in sufficient
number of copies to satisfy his requirements and to provide one copy for the QAR and two copies
to the Contracting Officer.
(f) The Contractor shall present the completed report to the QAR. The QAR shall review the
report, prepare recommendations, countersign and forward two copies to the Contracting Officer.
(g) First Article Testing may be waived. In the event of waiver for individual offers, such offers will be evaluated without
considering the cost thereof. Offerors who, under a prior Government contract, have tested and
secured approval of a first article similar to the item to be procured under this solicitation
must furnish the following information with their offer:
(1) Government agency (including address) approving the test report:
____________________________________________
____________________________________________
(2) Contract number and date: _____________________________.
(3) Attach two copies of approved report, showing all test requirements and results, including test equipment used, methods, and other data supporting preparation of report.
(4) Attach a listing showing material differences (such as changes in design, principal components or assemblies,
materials used, etc.), if any, between the item previously tested and the item to be supplied pursuant to this solicitation.
(h) If First Article Testing is not waived, delivery time for the initial order will be
increased by the number of days specified in paragraph (b) above for the submission and approval
thereof. Delivery time for succeeding orders will be adjusted on a pro rata basis until First
Article is approved.
(i) Subject to paragraph (e), Clause I43, the approved first article shall be retained by the
contractor, modified to include any deviations or changes approved subsequent to first article
approval, and delivered as the last item of the contract quantity.
(j) Prior to approval of first article, progress payments, if authorized by the contract,
shall be limited to seventy-five (75) percent of the contract unit price of the item being tested.
( ) Contractor to forward the residual component of first article expended in testing with the test report.
I44 - FIRST ARTICLE APPROVAL - GOVERNMENT TESTING (FAR 52.209-4) (SEP 1989) with ALTERNATE I (JAN 1997)
I44a - ADDITIONAL REQUIREMENTS - FIRST ARTICLE APPROVAL - GOVERNMENT TESTING (DSCC 52.209-9C11) (APR 1996)(S9C Acquisitions Only)
(a) Prior to shipment of the first article (or resubmisson of the first article after any disapprovals by the Government testing facility), to the Government testing facility specified in paragraph (a), Clause I44, the contractor must present the first article to the QAR for inspection for compliance with specification requirements. The QAR will inspect first article and furnish statement that the first article has been inspected and determined to comply with the specification requirements. The contractor must forward a copy of the QAR's statement of inspection with the first article to the Government testing facility. Also, the contractor must forward a copy of the statement of inspection and notice of shipment of first article to the Government Testing Facility to: Defense Supply Center Columbus
P.O. Box 16704
ATTN: DSCC-__________
Columbus, OH 43216-5010
Marked F/A - Contract No. _____________________
(b) The Government Testing Facility, upon completion of testing of First Article, must submit its report of testing in duplicate to:
Defense Supply Center Columbus
P.O. Box 16704
ATTN: DSCC-___________
Columbus, OH 43216-5010
Marked: Test Report Contract No. _______________________
(c) The contractor shall certify with each first article that the same manufacturing process/operation(s), including material and material suppliers, will be used for the production quantity as for the first article. After successful completion of the First Article Test, any change in the manufacturing process/operation(s) is prohibited unless specifically approved in writing by the DSCC contracting officer. A written request for approval of a change in the manufacturing process/operation(s) must be submitted to the contracting officer. Changes in the manufacturing process/operation(s) may be approved, provided manufacturing process/operation(s) may be approved, provided (1) the change will not cause a delay in delivery or necessitate a change in the purchase description; and (2) if the Government determines a new First Article Test is necessary, the contractor agrees to cover the cost of a new First Article Test and agrees to reduce the contract price to cover the Government's cost to inspect the new First Article Test. The rights hereby provided the Government are in addition to and do not limit any rights of the Government under other clauses of this contract.
(d) The Government reserves the right to waive the requirement for first article testing and approval. Offerors who have submitted a first article which was similar to the item called for by this solicitation and secured approval under a prior Government contract must attach the following information to their offer: Identify Government agency (including address) approving the test report including contract number and date and attach two copies of Government Agency's test results that approved the first article.
(e) When First Article Approval is waived, the delivery time will be reduced by ______________ calendar days as delivery time will be reduced by ____________________ calendar days as allowed in paragraphs (a) and (b) of Clause I44 for Government testing and approval, unless offeror specifies a different reduction period below:
Number of Days Reduction: ___________________
(f) Subject to paragraph (e), Clause I44, the approved first article shall be retained by the contractor, modified to include any deviations or changes approved subsequent to first article approval, and delivery as the last item of the contract quantity.
(g) Prior to approval of first article, progress payments, if authorized by the contract, shall be limited to seventy-five (75) percent of the contract unit price of the item being tested.
The following "NOTE" is applicable to paragraph (a) of Clause I44
NOTE
: Offerors, without affecting the responsiveness of their offers, may extend the time for submission of the first article, provided the required delivery date for the contract quantity is adhered to.
I45 - CONTRACT QUANTITY LIMITATIONS (MULTIPLE AWARDS) (DSCC 52.216-9C38) (JUL 1997)
a. The Government anticipates making multiple awards as a result of this solicitation. If multiple awards are made, the contract minimum for each award will be a proportion of the overall minimum cited below. For example, if two awards are made the Government is obligated to purchase half of the minimum from each awardee. Regardless of the number of awards made under this solicitation, the Government may order, and each awardee is obligated to delivery, up to the maximum cited below.
1. The Government is obligated to order a minimum of __________ during the base contract period and each subsequent option year, if applicable.
2. The Contractor(s) agree(s) to deliver additional supplies up to a maximum of ____________during the base contract period and each subsequent option year, if applicable.
b. It is agreed and understood that the Government is under no obligation to order any supplies in excess of the minimum specified in subparagraph I above. Furthermore, the maximum specified in subparagraph 2 above shall not be construed as obligating the Government to purchase any amount in excess of the minimum.
I46A - SPECIAL 8(a) CONTRACT CONDITIONS (FAR 52.219-11) (FEB 1990)
The Small Business Administration (SBA) agrees to the following:
(a) To furnish the supplies or services set forth in this contract according to the specifications and the terms and conditions hereof by subcontracting with an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).
(b) That in the event SBA does not award a subcontract for all or a part of the work hereunder, this contract may be terminated either in whole or in part without cost to either party.
(c) Except for novation agreements and advance payments, delegate to the Defense Supply Center Columbus the responsibility for administering the subcontract to be awarded hereunder with complete authority to take any action on behalf of the Government under the terms and conditions of the subcontract; provided, however, that the Defense Supply Center Columbus shall give advance notice to the SBA before it issues a final notice terminating the right of a subcontractor to proceed with further performance, either in whole or in part, under the subcontract for default or for the convenience of the Government.
(d) That payments to be made under any subcontract awarded under this contract will be made directly to the subcontractor by the Defense Supply Center Columbus.
(e) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the Contracting Officer cognizable under the "Disputes" clause of said subcontract.
(f) To notify the Defense Supply Center Columbus Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.
I46B - SECTION 8(a) DIRECT AWARD (DFARS 252.219-7009) (JUN 1998)
I47 - SPECIAL 8(a) SUBCONTRACT CONDITIONS (FAR 52.219-12) (FEB 1990)
I48 - SECTION 8(a) AWARD (FAR 52.219-17) (DEC 1996)
I49 - NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) CONCERNS (FAR 52.219-18) (JAN 1997)
I49a - NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) CONCERNS (FAR 52.219-18), ALTERNATE I (NOV 1989)
I49b - NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) CONCERNS (FAR 52.219-18), ALTERNATE II (DEC 1996)
I49c - NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(a) CONCERNS (FAR 52.219-18),ALTERNATE A (JUN 1998) (See DFARS 252.219-7010)
I50 - RESERVED
I51 - SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM)(DFARS 252.219-7004) (JUN 1997)
NOTE:
Use instead of DFARS 252.219-7003 and FAR 52.219-9 when contractors have comprehensive subcontracting plan approved under test programs.
I53 - NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (FAR 52.219-7) (JUL 1996)
I53a - NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (FAR 52.219-7), ALTERNATE I (OCT 1995)
I55 - DLA MENTORING BUSINESS AGREEMENTS (MBA) PERFORMANCE (DLAD 52.219-9003) (DEC 1997)
I56 - NOTICE OF SUBCONTRACTING PLAN (DSCC 52.219-9C03) (APR 1985)
(Applicable only to offers in excess of $500,000 inclusive of option value.)
When requested by the Contracting Officer, the apparent successful offeror must submit within fifteen (15) calendar days its subcontracting plan in accordance with FAR 52.219-9 (for negotiated acquisitions) or FAR 52.219-9 Alternate I (for sealed bid acquisitions), which are incorporated by reference, or furnish evidence to establish that no subcontracting will be required for the specific purpose of performing the proposed award. Failure to respond to the Contracting Officer's request by furnishing a subcontracting plan or evidence to establish that no subcontracting will be required for the specific purpose of performing the proposed award shall be cause for rejection of offer. Where a commercial product is offered and a company/division wide plan has been previously submitted and approved, the offeror shall submit a copy of the approved plan along with evidence of prior approval.
NOTE
: In order to facilitate and expedite the processing of a subcontracting plan when requested by the Contracting Officer, the offeror shall furnish the data elements in the same sequence as set forth in paragraphs (d) of the applicable clause.
I58 - HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FAR 52.223-3) (JAN 1997)
I59 - STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (FAR 52.222-42) (MAY 1989)
I60 - NOTICE OF RADIOACTIVE MATERIALS (FAR 52.223-7) (JAN 1997)
I61 - CERTIFICATION OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA DESIGNATED ITEMS USED IN PERFORMANCE OF THE CONTRACT (FAR 52.223-9) (OCT 1997)
(c) The Contractor shall submit this certification and estimate upon completion of the contract to Defense Supply Center Columbus,
PO Box 16704, Columbus OH 43216-5010.
I62 - OZONE-DEPLETING SUBSTANCES (FAR 52.223-11) (JUN 1996)
I63 - HAZARD WARNING LABELS (DFARS 252.223-7001) (DEC 1991)
I64 - MATERIAL SAFETY DATA SHEETS AND HAZARD WARNING LABELS (DLAD 52.223-9000) (MAR 1992)
NOTE
: Use with FAR 52.223-3 (Clause I58)
I64a - HAZARDOUS MATERIAL CERTIFICATION (DSCC 52.223-9C01) (JUN 1999)
( ) The Contractor certifies material is not Hazardous.
( ) The Contractor certifies material is Hazardous - MSDS and HWL furnished.
I65 - WAIVER - FIRST ARTICLE TEST (DSCC 52.209-9C03) (APR 1984)
YPC: ____________________ NSN: ____________________ (Item will be identified in individual solicitation.) The specification for this item requires First Article Testing (FAT). However, in view of the small dollars involved and the increase in delivery time and considerable cost to the Government in performance and processing FAT, this procurement is limited to the products of the following firms for which FAT has been approved based on testing under prior procurements and is therefore waived for this procurement:
________________________ _________________________ _______________________
(Firms will be identified in individual solicitation.)
I66 - METHOD OF PRICING ORDER (DSCC 52.216-9C39) (NOV 1987)
Unless a different method is specified elsewhere, the price for any order issued hereunder shall be determined by the quantity ordered for each specific order. The unit price applicable to the quantity ordered shall be the unit price for the incremental quantity range in which the quantity ordered falls.
I67 - SUPPLIES TO BE ACCORDED DUTY-FREE ENTRY (DFARS 252.225-7008) (MAR 1998)
I68 - RESTRICTION ON ACQUISITION OF FOUR TON DOLLY JACKS (DFARS 252.225-7033) (APR 1993) NOTE: Applicable to FY93 funds ONLY.
I69 - DECLARATION OF TECHNICAL DATA CONFORMITY (DFARS 252.227-7036) (JAN 1997)
I70 - RESTRICTIONS ON USE OF RIGHTS GUARD TECHNICAL DATA (DSCC 52.227-9C01) (OCT 1997)
THIS IS A RIGHTS GUARD PROCUREMENT AND THE FOLLOWING RESTRICTIONS APPLY:
RESTRICTIONS ON USE OF TECHNICAL DATA
1. Technical data furnished herewith (hereinafter "Rights Guard technical data") is proprietary to The Boeing Company which has licensed the Government to use same for the procurement of replenishment spare parts for U.S. Government owned aircraft and for no other purpose. Rights Guard technical data shall not be disclosed in whole or in part, to any other person or entity other than to supplier's/bidder's offeror's employees, having a need to know and who are under an obligation to preserve and protect such data under terms and conditions no less restrictive than those imposed herein, and then only for the purposes if responding to this solicitation or performing any resulting contract.
2. The suppliers/bidders/offerors/contractors hereunder are prohibited from (a) reproducing, in whole or in part, Rights Guard technical data; (b) incorporating any information contained in such Rights Guard technical data into other documentation; or (c) otherwise utilizing such Rights Guard technical data except for responding to this solicitation or performing any resulting contract. Each supplier/ bidder/offeror shall include the FAR-authorized proposal legend, identifying The Boeing Company as the owner, on all Rights Guard technical data that is incorporated, in whole or in part, into any technical data delivered by such supplier/bidder/offeror/contractor to the Government in response to this solicitation or as part of the performance of any resulting contract. In the case of the limited rights legend, the Contractor shall indicate such Rights Guard technical data as not being subject to an expiration date, if such data is required by the limited rights legend authorized under its contract.
3. Upon award of a contract, each unsuccessful supplier/bidder/offeror shall return to the Government or destroy all Rights Guard technical data relating to this solicitation and shall provide to the Government a written notification to that effect. Upon completion of contract performance, the successful supplier/bidder/offeror shall return to the Government or destroy all Rights Guard technical data relating to such contract and shall provide to the Government a written notification to that effect. Mylars are not to be returned, but written notification that they have been destroyed will be furnished at completion of this contract.
4. The Government shall have the right to audit supplier's/bidder's/offeror's records to ensure the destruction or return of Boeing proprietary data.
In accordance with current procedures concerning project "BOEING RIGHTS GUARD" data, contractors are requested to complete and sign this certification. This certification must be completed and returned to the Defense Supply Center Columbus, ATTN: DSCC-VTRD in order for your company to receive "Boeing Rights Guard" data required in the manufacture of the item herein.
Submit this certificate with your request for "BOEING RIGHTS GUARD" data to:
DEFENSE SUPPLY CENTER COLUMBUS
P.O. BOX 3990
ATTN: DSCC-VTRD
COLUMBUS, OHIO 43218-3990
This certification may also be returned by facsimile transmission to DSCC-VTRD, (614) 692-2998.
I70a - CERTIFICATION FOR THE USE OF RIGHTS GUARD TECHNICAL DATA (DSCC 52.227-9C01a)(OCT 1997)
(For Replenishment of Spare Parts Only)
(Supplier/Bidder/Offeror)
This solicitation is a Rights Guard solicitation for the competitive procurement of replenishment spare parts, and requires special certifications to protect technical data of The Boeing company. The U.S. Government Department of Defense, through the Oklahoma City Air Logistics Center (OC-ALC), and Boeing have entered into a Rights Guard contract whereby the Government may from time to time order from Boeing copies of technical data pertaining to military derivatives of certain commercial aircraft. The Rights Guard contract, specifies the rights and obligations of the Government regarding use and disclosure of such technical data.
1. As a supplier/bidder/offeror, you acknowledge that Boeing Rights Guard technical data furnished through this solicitation or during the performance of any resulting contract is proprietary to The Boeing Company.
2. You agree to observe the following data disclosure and use restrictions:
a. Boeing Rights Guard technical data shall not be reproduced, in whole or in part, except as required to respond to the solicitation or to perform any resulting contract.
b. Boeing Rights Guard technical data shall not be incorporated, in whole or in part, into other documentation, nor shall it be used in any other way, except as required to respond to the Rights Guard solicitation, or to manufacture replenishment spare parts for the Government under any resulting contract. You will mark "Boeing data incorporated" into any documentation to protect Boeing's rights.
c. Boeing Rights Guard technical data shall not be disclosed, in whole or in part, to any other person or entity. Within your company, Boeing's Rights Guard technical data will only be disclosed to those employees having a need to know the information for the purpose of responding to the solicitation or performing any resulting contract. Boeing Rights Guard technical data shall only be used for competing for or performing contracts for supplying replenishment spare parts to the U.S. Government.
d. The unsuccessful supplier/bidders/offerors shall destroy or return all of the technical data, including any copies thereof, upon the award of a contract to another, and shall provide to the Government a written notification to that effect. Upon the completion of contract performance, the successful supplier/bidder/offeror shall return or destroy all Boeing Rights Guard technical data, including any copies thereof and shall provide to the Government a written notification to that effect. Failure to comply with this obligation shall be grounds for your removal from the list of qualified bidders for any other solicitations involving Boeing technical data.
e. The Government retains the right to review supplier/bidder/offeror records to verify return/destruction of Boeing Rights Guard technical data. The report shall be provided to Boeing Defense & Space Group, Spares Support Center (P00005) after receipt by the Government.
3. Boeing is a third party beneficiary under any solicitation or contract involving Boeing Rights Guard technical data, and can proceed against you under such contract or this certification. The Government is obligated to notify Boeing of any actual or suspected breach you commit of the restrictions of this certification which may come within its knowledge. Any such violation may be grounds for legal proceedings against you by the Government or Boeing, or both.
4. This Rights Guard certification shall be made a part of the Government's contract file to which the certification pertains. This certification and any related documentation you provide the Government in connection with it will be made available to Boeing upon request.
5. This certification is a requirement of the Government's contract with Boeing, and it cannot be altered or modified without Boeing's permission. You will not receive Boeing Rights Guard technical data until a properly executed certification has been received by the Government.
6. You agree to execute a new certification if you will request Boeing Rights Guard technical data after December 31, 1992, and annually thereafter. Otherwise, you agree to destroy all such Boeing Rights Guard technical data and to provide written notification of destruction in the form specified in paragraph 2(d) of this certification.
_____________________________
Company Name, Address, Mfg Code
__________________________________
Signature/Title
_______________________________
Typed Name
_________________________________
Date
I71 - RESTRICTIONS ON USE OF OTO MELARA LIMITED RIGHTS TECHNICAL DATA (DSCC 52.227-9C02) (MAR 1997)
(a) The United States Government requires that each bidder/offer/contractor receiving a copy of this solicitation and accompanying technical data (drawings, specifications, and any data contained therein) shall use such technical data solely for the purpose of submitting an offer for the manufacture of the supplies and/or services described in the solicitation. In the event a contract is awarded as a result of this solicitation, the contractor shall agree to make no disclosure of the solicitation technical data except as may be necessary to its suppliers for the furnishing of the supplies or services specified in the contract. To the extent that any such disclosure is made to the contractor's suppliers, the same nondisclosure agreement relative to the solicitation technical data shall be applicable.
(b) This data is available only for competitive
procurements and manufacture in the United States by U.S firms. It shall not be released to foreign firms.
(c) The signature of the person(s) authorized to sign the solicitation and resultant contract shall constitute agreement to the nondisclosure requirement.
(d) All unsuccessful bidders/offerors (those firms not receiving an award) shall return all solicitation technical data within ten (10) working days from the date of notification of award to the following:
Defense Supply Center Columbus
P.O. Box 16704
ATTN: DSCC-VTRD
Columbus, OH 43218-3990
Successful bidders/offerors may retain the technical data for future United States Government procurements, unless otherwise notified.
(e) Failure to return the solicitation's technical data within the specified time may result in disqualification from participation in future MK-75 Gun acquisitions.
STATEMENT REGARDING THE USE OF LIMITED RIGHTS OTO MELARA TECHNICAL DATA
1. In accordance with current procedures concerning "limited rights" data, contractors are requested to complete and sign this statement. This statement must be completed and returned to the Defense Supply Center Columbus, ATTN: DSCC-VTRD, in order for your company to receive the "limited rights" data required in the manufacture of the item herein.
2. Submit this statement with your request for "limited rights" data to: Defense Supply Center Columbus
ATTN: DSCC-VTRD
P.O. Box 3990
Columbus, OH 43218-3990
I hereby agree that:
a. The limited rights data shall only be used for the purpose of submitting an offer for the manufacture of the supplies and/or services described in this solicitation. This data shall only be used for the purpose of competitive procurement and manufacture in the United States. This data is only available for use by U.S. firms. I agree it shall not be made available to foreign firms.
b. In the event that a contract is awarded as a result of this solicitation, I agree to make no disclosure of the solicitation technical data except as may be necessary to my suppliers for the furnishing of the supplies or services specified in the contract. To the extent that any such disclosure is made to my suppliers, this same nondisclosure agreement relative to the solicitation technical data shall be applicable.
c. If my bid/offer is unsuccessful, the technical data shall be returned within ten (10) working days from date of notification of award. If my bid/offer is successful, I understand that I may be allowed to retain the technical data for future U.S. Government procurements, unless otherwise notified.
d. I acknowledge that failure to return the solicitation technical data within the specified time may result in disqualification from participation in future MK-75 gun acquisitions.
___________________________________________________
Company Name, Address, CAGE Code
By: ___________________________________________________
Signature
___________________________________________________
Typed Name
____________________________________________________
Title
_____________________
Date
I72 - DATA - ENGLISH LANGUAGE (DSCC 52.227-9C04) (JUL 1984)
All data required to be submitted pursuant to any clause or requirement of the contract must be in the English language. Also, all correspondence or any other documentation of any kind submitted during the administration of the contract must be in the English language.
I73 -TERMS FOR FINANCING OF PURCHASES OF COMMERCIAL ITEMS (FAR 52.232-29) (OCT 1995)
I74 - SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (FAR 52.244-6) (APR 1998)
I75 - GOVERNMENT FURNISHED PROPERTY (DSCC 52.245-9C01) (JAN 1992)
(a) Subject to FAR 52.245-2, Government Property (Fixed Price Contracts), or FAR 52.245-4, Government Furnished Property (Short Form) the Government will furnish at no cost to the Contractor the property specified below for the use performing the resulting contract:
Material Qty per Unit/Unit Unit Price
__________________ _________________ _____________
__________________ _________________ _____________
__________________ _________________ _____________
(b) The Government will deliver government furnished materials to the Contractor's plant
in accordance with FAR 52.247-55, F.O.B. Point for Delivery of Government-Furnished Property,
which is incorporated herein by reference. Offerors must indicate in the space below the name
and address of the plant where the materials will be utilized. In the absence of so indicating,
the Government will assume and evaluate offers on the assumption that the material will be
utilized at the plant specified by bidders in their offers under the heading "Production
Facilities," _______________________________________________
or Block 15A of SF33. Offeror to complete:
Plant:Street Address: ________________________________________
City and State: ________________________________________
(c) If the contractor requires Government furnished materials in excess of the amounts specified above, such additional materials will be furnished by the Government; however, the contractor must bear the cost of such excess materials, including transportation charges therefor, required in the performance of the contract. The price charged the contractor for such excess materials will be the price specified above for the type of material in question or the standard Government price therefor at the time of shipment, whichever is higher. The cost of such excess materials will be withheld by the Government from payments due the contractor, unless the contractor makes other arrangements with the Contracting Officer for payment.
(d) In the evaluation of the offers, in response to this solicitation, among the factors to be considered in determining the low offeror will be the cost of transporting Government-furnished materials to the contractor's plant. Land methods of transportation by regulated common carrier will be used to evaluate cost of transportation from the Government's place of shipment (cited below) to the offerors plant (paragraph b). This transportation cost will be added to the offered price to determine the overall cost to the Government.
Government furnished materials will be shipped from: _____________________
Weight: _____________________________________
Cube: ______________________________________
(e) The delivery schedule contained herein is based on the assumption that delivery of Government-furnished property will be made to the contractor within __________ days after date of award.
I76 - TRANSPORTATION OF SUPPLIES BY SEA (DFARS 252.247-7023) (NOV 1995)
I77 - NOTIFICATION OF TRANSPORTATION OF SUPPLIES BY SEA (DFARS 252.247-7024) (NOV 1995)
I78 - CONFIGURATION CONTROL - ENGINEERING CHANGES, DEVIATIONS AND WAIVERS (DSCC 52.248-9C01) (APR 1996)
a. DEFINITIONS:
(1) Engineering change. A change to the current approved configuration documentation of a configuration item at any point in the life cycle of the item.
(2) Engineering change proposal (ECP). A proposed engineering change and the documentation by which the change is described, justified, and submitted to the Government for approval or disapproval.
(3) Deviation. A specific written authorization, granted prior to the manufacture of an item, to depart from a particular requirement(s) of an item's current approved configuration documentation for a specific number of units or a specified period of time. (A deviation differs from an engineering change in that an approved engineering change requires corresponding revision of the item's current approved configuration documentation, whereas a deviation does not.)
(4) Waiver. A written authorization to accept an item, which during manufacture, or after having been submitted for Government inspection or acceptance, is found to depart from specified requirements, but nevertheless is considered suitable for use "as is" or after repair by an approved method.
b. Contractor Responsibility. ECPs should be used to make permanent changes in the Government Technical Data Package (TDP). Contractual relief should be requested using a Request for Deviation or Waiver. This is because the Government requires more time to analyze any proposal to permanently change the specifications or TDP. Cost saving improvements to the TDP should be submitted as a Value Engineering Change Proposal (VECP).
NOTE: MIL-STD-973 allows ninety days to process routine ECPs. If the contractor needs a response in less than ninety days to meet contract requirements, the contractor should consider submitting a waiver or deviation along with the ECP.
Processing Emergency and Urgent ECPs. Ordinarily, ECPs submitted by the contractor will be deemed routine. If an ECP is considered to be an emergency or urgent (as defined in MIL-STD-973), immediately notify the PCO. ECPs will be reviewed for a determination on criticality, and, if determined to be urgent or critical, the appropriate processing time-frame in paragraph 5.4.2.3.1.1 of MIL-STD-973 will be followed or the contractor will be notified otherwise.
When submitting an ECP or Request for Deviation/Request for Waiver (RFD/RFW), the contractor must follow the instructions in MIL-STD-973 (as tailored in the following paragraphs).
(1) Engineering Change Proposals--Required Content.
(a) Follow the short form procedure in MIL-STD-973.
1. paragraphs 5.4.8 through 5.4.8.2.1;
2. paragraphs 5.4.8.2.3 through 5.4.8.2.7; and
3. Appendix D instructions.
(b) Include:
1. Requirements for notices of revision (NOR). (Instructions for NORs are in MIL-STD-973, paragraph 5.4.7 and Appendix G.)
2. Copies of drawings that have clearly been marked to identify the proposed change.
3. Any other documentation that will help in reviewing the proposed change.
(2) Request for Deviation/Request for Waiver - Required Content.
(a) Follow the short form procedure in MIL-STD-973.
For RFD(s) -- paragraphs 5.4.8.3 through 5.4.8.3.4;
Appendix E instructions.
For RFW(s) -- paragraphs 5.4.8.4 through 5.4.8.4.4;
Appendix E instructions.
(b) Include marked drawings and any other documentation that will be required to review the proposed RFD/RFW.
(c) Identify the number of parts affected in block 17 of DD Form 1694.
c. Submittal Procedures
(1) Engineering Change Proposals (ECP), Deviations and Waivers initiated by the contractor must be prepared and submitted in 7 copies with supporting data as required by b.(1) above to the ACO, with an information copy to the PCO.
WARNING
: If you do not submit complete, legible packages, ECPs may be returned without processing.
(2) Value Engineering Change Proposals (VECPs) must comply with the requirements of the Value Engineering Incentive clause of the contract and MIL-STD-973 and be submitted utilizing DD Form 1693 in 6 copies to the PCO with an information copy to the ACO, and an additional copy mailed direct to Defense Supply Center Columbus, P.O. Box 3990, Columbus, Ohio 43218-3990, ATTN: DSCC-VE.
d. Contracting Agency responsibilities.
(1) ACO Responsibility. Within ten working days from the date of receipt of contractor's request, the ACO must submit an original and two complete legible copies of the contractor's request to the applicable technical support office.
(2) ECPs will be reviewed and decided upon within the ninety day time frame established by MIL-STD-973. Notification of decision will be done in accordance with paragraphs 5.4.8.2.6 and 5.4.8.2.7 of MIL-STD-973.
(3) RFDs/RFWs will be reviewed per MIL-STD-973 and decisions made within 75 days from the date of receipt from the ACO.
e. Reminder - Only the PCO can change the Contract. NO OTHER GOVERNMENT REPRESENTATIVE is authorized to make a commitment for, or bind the Government.
f. Questions about the status of change requests already submitted should be directed to the procuring activity (see block 7 of the SF 33, solicitation cover sheet).
g. The period of time for evaluation and approval/disapproval of ECPs (90 days) and Deviation/Waiver (75 days) shall not constitute excusable delay in the performance of this contract by the contractor or in any way relieve the contractor from compliance with the contract delivery schedule. The submission of ECPs or deviation/waiver requests by the contractor shall not preclude the Government from exercising its rights under the default clause or any other provision of the contract. Further, any such submission shall not afford the contractor any basis for a delay claim or adjustment of the contract delivery schedule, provided the Government approves or disapproves the submission within a period of 90 days after receipt thereof by the contracting officer.
I79 - ADMINISTRATIVE COSTS OF REPROCUREMENT AFTER DEFAULT (DLAD 52.249-9000) (MAY 1988)
If this contract is terminated in whole or in part for default pursuant to the clause included herein entitled "Default," and the supplies or services covered by the contract so terminated are repurchased by the Government, the Government will incur administrative costs in such repurchases. The Contractor and the Government expressly agree that, in addition to any excess costs of repurchase, as provided in paragraph (b) of the "Default" clause of the contract, or any other damages resulting from such default, the Contractor shall pay, and the Government shall accept, the sum of $519.00 as payment in full for the administrative costs of such repurchase apply for any termination for default following which the Government repurchases the terminated supplies or services, regardless of whether any other damages are incurred and/or assessed.
I80 - AUTHORIZED DEVIATIONS IN CLAUSES (FAR 52.252-6) (APR 1984)
I81 - USE OF GOVERNMENT FACILITIES ON A NO CHARGE BASIS (DSCC 52.245-9C02) (JUN 1997)/P>
[ ] (a) The contractor is authorized to use, on a rent-free basis, in the performance of this contract, the Government-owned facilities provided under Contract No. ___________________________.
[ ] (b) This contract is for an FMS requirement. The contractor is authorized to use the Government-owned facilities provided under Contract No. ___________. As rental for use thereof, the contractor must remit monthly the sum of $__________ to the ACO of the office designated for the administration of this contract.
I82 - BUY AMERICAN ACT - CONSTRUCTION MATERIAL (FAR 52.225-5) (JUN 1997) (BASE CONTRACTS)
I83 - NOTIFICATION TO DELAY PERFORMANCE (DFARS 252.219-7011) (JUN 1998) (Under $100,000)
I84 - QUALIFICATION REQUIREMENTS (FAR 52.209-1) (FEB 1995)
I85 - WARRANTY MARKINGS (DSCC 52.246-9C42) (JUN 1997)
NOTE:
Applicable with FAR 52.246-18
WARRANTY MARKINGS
: In addition to the marking requirements of this contract, each unit, intermediate and shipping container shall be marked by labeling, tagging or printing the time period of the warranty and the expiration date, below the identification data. (See MIL-STD-129, paragraph 20.14, Figure 4.) The unit marking must also include the following statement:
"Report defective items, including Contract No. to:
DEFENSE SUPPLY CENTER COLUMBUS
ATTN: DSCC- _________
P.O. Box 16704,
Columbus, Ohio 43216-5010"
COST OF WARRANTY
: Offerors must indicate below the amount included in the unit price of each item to cover the cost of warranty. If no amount is indicated, it will be assumed that no charge is made therefor. Offers will be evaluated without regard to any warranty charge indicated below; however, if the low responsive offer indicates a charge, the Government reserves a right to reduce the offered price by the amount of the warranty charge and to waive the warranty.
OFFEROR TO COMPLETE
CLIN(s) Cost of Warranty per Unit
________ _____________________
________ _____________________
WARRANTY DECALCOMANIA
: In addition to the marking requirements above the contractor shall place on each end item a decal, approximately 3" x 4" in size and mounted, in view of the operator as near as possible to the center of the instrument panel. The decal shall identify the warranty period expiration date, contract number, and contractors' point of contact including area code and phone number, for warranty claims. Such information shall also be included in any operator/maintenance manuals provided under this contract.
I86 - WARRANTY MARKINGS (DSCC 52.246-9C43) (JUN 1997)
NOTE:
Applicable with FAR 52.246-19
WARRANTY MARKINGS
: In addition to the marking requirements of this contract, each unit, intermediate and shipping container shall be marked by labeling, tagging or printing the time period of the warranty and the expiration date, below the identification data. (See MIL-STD-129, paragraph 20.14, Figure 4.) The unit marking must also include the following statement:
"Report defective items, including Contract No. to:
DEFENSE SUPPLY CENTER COLUMBUS
ATTN: DSCC- _________
P.O. Box 16704,
Columbus, Ohio 43216-5010"
COST OF WARRANTY
: Offerors must indicate below the amount included in the unit price of each item to cover the cost of warranty. If no amount is indicated, it will be assumed that no charge is made therefor. Offers will be evaluated without regard to any warranty charge indicated below; however, if the low responsive offer indicates a charge, the Government reserves a right to reduce the offered price by the amount of the warranty charge and to waive the warranty.
OFFEROR TO COMPLETE
CLIN(s) Cost of Warranty per Unit
________ _____________________
________ _____________________
WARRANTY DECALCOMANIA
: In addition to the marking requirements above the contractor shall place on each end item a decal, approximately 3" x 4" in size and mounted, in view of the operator as near as possible to the center of the instrument panel. The decal shall identify the warranty period expiration date, contract number, and contractors' point of contact including area code and phone number, for warranty claims. Such information shall also be included in any operator/maintenance manuals provided under this contract.
I87 - SURGE OPTION (DFARS 252.217-7001) (AUG 1992)
I88 - RIGHTS IN DATA consists of:
DFARS 252.227-7013 - Rights in Technical Data - Noncommercial Item (NOV 1995)
DFARS 252.227-7014 - Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation (For Computer Software) (FEB 1995)
DFARS 252.227-7016 - Rights in Bid or Proposal Information (Use with DFARS 252.227-7014) (JUN 1995)
DFARS 252.227-7017 - Identification and Assertion of Use, Release, or Disclosure Restrictions (Use with DFARS 252.227-7013) (JUN 1995)
DFARS 252.227-7018 - Rights in Noncommercial Technical Data and Computer Software - Small business Innovative Research (SBIR) Program) (JUN 1995)
DFARS 252.227-7019 - Validation of Asserted Restriction - Computer Software (Use with DFARS 252.227-7018) (JUN 1995)
DFARS 252.227-7025 - Limitations on the Use of Disclosure of Government-Furnished Information Marked with Restrictive Legends (JUN 1995)
DFARS 252.227-7030 - Technical Data - Withholding of Payment (Use with DFARS 252.227-7013) (OCT 1988)
DFARS 252.227-7032 - Rights in Technical Data and Computer Software (Foreign) (Use in lieu of DFARS 252.227-7013) (JUN 1975) (This clause applies in lieu of DFARS 252.227-7013 for contracts awarded to and to be performed by foreign sources, i.e., firms not located in the United States, its possessions, Puerto Rico and Canada.)
DFARS 252.227-7037 - Validation of Restrictive Markings on Technical Data (include with 252.225-7015 or 252.225-7013) (NOV 1995)
I89 - NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (FAR 52.219-6) (JUL 1996)
I89a - NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (FAR 52.219-6), ALTERNATE I (OCT 1995)
I90 - AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (FAR 52.232-19) (APR 1984) (SERVICES)
I91 - SCHEDULES FOR CONSTRUCTION CONTRACTS (FAR 52.236-15) (APR 1984) (BASE CONTRACTS)
I92 - LAYOUT OF WORK (FAR 52.236-17) (APR 1984) (BASE CONTRACTS)
I93 - WARRANTY OF CONSTRUCTION (FAR 52.246-21) (MAR 1994) (BASE CONTRACTS)
I93a - WARRANTY OF CONSTRUCTION, ALTERNATE I (FAR 52.246-21) (APR 1984)
I94 - VALUE ENGINEERING - CONSTRUCTION (FAR 52.248-3) (MAR 1989) (BASE CONTRACTS)
I94a - VALUE ENGINEERING - CONSTRUCTION (FAR 52.248-3), ALTERNATE I (APR 1984) (BASE CONTRACTS)
I95 - GOVERNMENT RIGHTS (UNLIMITED) (DFARS 252.227-7022) (MAR 1979) (BASE CONTRACTS)
I96 - RIGHTS IN SHOP DRAWINGS (DFARS 252.227-7033) (APR 1966) (BASE CONTRACTS)
I97 - REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (FAR 52.223-12)(MAY 1995)(BASE CONTRACTS)
I98 - PRESCONSTRUCTION CONFERENCE (FAR 52.236-26) (FEB 1995) (BASE CONTRACTS)
I99 -PERFORMANCE OF WORK BY THE CONTRACTOR (FAR 52.236-1) (APR 1984) (BASE CONTRACTS) (>$100,000)
I100 - LIMITATIONS ON SUBCONTRACTING (FAR 52.219-14) (DEC 1996)
I101 - ECONOMIC PRICE ADJUSTMENT - CERTAIN SPECIFIED METALS (DSCC 52.216-9C54) (AUG 1997) (FSC 6145 ONLY)
(a) Metal specified for application of the provisions of this clause is ______________________.
(b) Definitions. As used in this Clause.
(1) The words "Contract Date" mean -
(i) the date of bid opening in the case of a sealed bid acquisition;
(ii) the date of award in the case of a negotiated acquisition, except that with respect to any set-aside portion (partial small business) awarded under this solicitation, "Contract Date" shall mean the date of bid opening of the non-set-aside portion if sealed bid, or the date of award of the non-set-aside portion, if negotiated.
(2) The words "required delivery date of this contract" refer only to the delivery schedule as originally stated in the contract plus any extension attributable solely to reasons determined by the Contracting Officer to be excusable within the meaning of the contract clause entitled "Default". The words "required delivery date of this contract" do not include any extension of the delivery schedule, however accomplished, except for such excusable causes. In the event of excusable delay, the delivery schedule shall be equitably extended and the delivery as thus extended shall be considered the "required delivery date of this contract" for the purposes of this contract.
(c) The contract award shall reflect the prices as shown in the Contractor's offer.
(d) The Contractor warrants that the unit prices set forth in this contract do not include any allowance for any contingency to cover increased costs of performance resulting from increase in the price of metal identified in paragraph (a) from the contract date, as defined above.
(e) If thirty (30) days prior to the required delivery date of this contract, as defined above, or thirty (30) days prior to the actual shipment, whichever is earlier, the lowest price of domestically produced metal identified in paragraph (a) as published in the American Metal Market is greater than or less than the lowest price of domestically produced metal identified in paragraph (a) as published in the American Metal Market on the contract date, as defined above, the Contractor, no later than twenty (20) days after date of shipment (or such further period as may be approved in writing by the Contracting Officer) shall notify the Contracting Officer, in writing, of such increase or decrease. As to each item, the unit price for the supplies awarded shall be adjusted by adding thereto or subtracting therefrom, as appropriate, the product obtained by multiplying the number designated in the chart below by the difference in price per pound between the lowest published price of domestically produced metal identified in paragraph (a) as of the contract date, as defined above, and the lowest published price of domestically produced metal identified in paragraph (a) as of thirty (30) days prior to the required delivery date of this contract, as defined above, or thirty (30) days prior to the date of actual shipment, whichever is earlier. Such adjustment shall be the only adjustment permitted under this contract and will be formalized by a modification issued by the Government under the contract.
(f) Notwithstanding any other provisions herein, the amount of increase in any contract unit price under this clause shall not exceed __________ percent of the corresponding award unit price.
(g) No adjustment shall be made under this clause unless the total change in the contract amount is $250.00 or more.
(h) The Contractor shall submit a statement on each invoice submitted under the contract stating that the Contracting Officer has been notified of all decreases in the price of metal identified in paragraph (a) in accordance with paragraph (e) of this clause and that all such decreases, if any, are reflected in the invoice and shall include a statement on the final invoice that all price decreases required by the clause have been applied in the manner required herein.
(i) Chart:
ITEM FACTOR
_____ ________
_____ ________
(Will be indicated in the solicitation/contract)
I102 - ECONOMIC PRICE ADJUSTMENT - METAL PERFORATED SHEETS (DSCC 52.216-9C55)(AUG 1997) (FSC 6145 Only)
(a) The Contractor warrants that any unit prices set forth in this contract do not include any allowance for any contingency to cover increased costs of performance resulting from increases in the price of metal sheets required for perforation under this contract after date set forth for opening of bids (or the contract date if this is a negotiated contract rather than one entered into by means of sealed bidding.)
(b) The parties agree if, subsequent to the date set for opening of bids (or the contract date if this is a negotiated contract rather than one entered into by means of sealed bidding), the manufacturer of the metal sheets required for perforation under this contract reduces his price to the Contractor for such sheets, the unit price to be paid hereunder to the Contractor shall be reduced for those supplies delivered by the Contractor after the effective date of the reduction in the manufacturer's price. In each such instance, the applicable contract unit price shall be reduced by the same amount that the manufacturer's price to the contract is reduced. The Contractor will promptly notify the Contracting Officer of such reductions and the contract will be modified accordingly. The Contractor shall submit a statement on each invoice stating that each unit price stated therein reflects all decreases required by this clause and shall include a statement on the final invoice that all price decreases required by this clause have been applied in the manner herein required.
(c) The Contractor may during the period from contract date to thirty (30) days prior to required date of contract or thirty (30) days prior to date of actual shipment, whichever is earlier, request in writing an upward adjustment in any of the contract unit prices, subject to the following conditions:
(1) No unit price shall be increased in accordance with such request unless the manufacturer of the metal sheets required for perforation under this contract increases his price to the Contractor for such sheets, and no increase shall be granted unless the manufacturer's applicable price has increased subsequent to the date set for opening of bids (or the contract date if this is a negotiated contract rather than one entered into by means of sealed bidding.)
(2) No unit price shall be increased in accordance with such request except as to those supplies delivered pursuant to the terms of this contract and for which the Contractor is required to pay to the manufacturer an increased price.
(3) No unit price shall be increased by an amount greater than the amount the manufacturer's price to the Contractor is increased.
(4) The aggregate of the increases in any contract unit price under this contract shall not exceed __________ percent of the original contract unit price.
(5) No upward adjustment in unit price hereunder shall apply to supplies which were required by the delivery schedule of the contract (or the order issued thereunder if this is a requirements contract) to be delivered prior to the effective date of the manufacturer's increase in price to the Contractor, unless the Contractor's failure to deliver supplies in accordance with the delivery schedule results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the clause of this contract entitled "Default," in which case the contract shall be amended to make an equitable extension of the delivery schedule.
(6) No modification incorporating an increase in contract unit price shall be executed pursuant to this clause until Contractor's entitlement thereto has first been verified by documentation submitted to the Contracting Officer substantiating Contractor's entitlement thereto under these provisions.
(d) In the event the requested adjustment in any contract unit price is acceptable to the Contracting Officer, the Contractor shall be promptly notified, and the contract shall be modified accordingly. If any such requested adjustment in a unit price is not acceptable to the Contracting Officer, the Contractor shall be promptly notified in writing; and unless an agreement can be reached as to the amount of increase, the Government may cancel without liability to either party the Contractor's right to proceed with performance of the portion of the contract which is not delivered at the time of such cancellation.
(e) During the period prior to such cancellation, the Contractor shall continue deliveries according to the terms of the contract and shall be paid therefor at the applicable increased unit price so requested, provided such requested increase satisfies all of the conditions and does not exceed the limitations of paragraph (c).
(f) If notice of cancellation is not sent to the Contractor within thirty (30) days after receipt by the Contracting Officer of the Contractor's request, supplies delivered subsequent to the date specified in such request, and prior to the effective date of any subsequent increase or decrease in Contractor's applicable prices, shall be paid for at the applicable increased unit price so requested, provided, such requested increase satisfies all of the conditions and does not exceed the limitations of paragraph (c).
(g) No adjustment shall be made under this clause unless the total change in the contract amount is $250.00 or more.
(h) In calculating adjustment in the contract unit prices under this clause, the number of pounds per metal sheet shall be computed as follows:
Item No. Number of Pounds Per Sheet
________ _______________________
(Will be indicated in the solicitation/contract)
I103 - BID GUARANTEE (FAR 52.228-1)(SEP 1996) (BASE CONTRACTS)
I104 - CONTRACT DRAWINGS, MAPS, AND SPECIFICATIONS (DFARS 252.236-7001)(DEC 1991) (BASE CONTRACTS)
I105 - ALTERNATE PAYMENT PROTECTIONS (FAR 52.228-13)(OCT 1997) (BASE CONTRACTS)
I106 - REQUESTS FOR EQUITABLE ADJUSTMENT (DFARS 252.243-7002) (MAR 1998) (>$100,000)
I107 - JAVITS-WAGNER-O'DAY ENTITY SUPPORT - CONTRACTOR REPORTING (DLAD 52.215-9006)(DEC 1997)
I108 - REOPENER CLAUSE - COST-SPECIFIED ITEM (DLAD 52.217-9004)(JAN 1995) (Over $500,000)
I109 - REOPENER CLAUSE - PENDING INDIRECT RATE PROPOSAL (DLAD 52.217-9005) (JAN 1995) (Over $500,000)
I110 - OPTION FOR INCREASED QUANTITY (FAR 52.217-6) (MAR 1989)
I111 - DRUG-FREE WORKPLACE (FAR 52.223-6) (JAN 1997)
I112 - COST ACCOUNTING STANDARDS (FAR 52.230-2) (APR 1998)
I113 - DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING PRACTICES (FAR 52.230-3)(APR 1998)
I114 - CONSISTENCY IN COST ACCOUNTING PRACTICES (FAR 52.230-4)(AUG 1992)
I115 - ADMINISTRATION OF COST ACCOUNTING STANDARDS (FAR52.230-6)(APR 1996)
I116 - PROGRESS PAYMENTS (FAR 52.232-16) (JUL 1991)
I116a - PROGRESS PAYMENTS (FAR 52.232-16), ALTERNATE I (AUG 1987)
I116b - PROGRESS PAYMENTS (FAR 52.232-16), ALTERNATE II (AUG 1987)
I117 - PRODUCTION PROGRESS REPORTS (FAR 52.242-2) (APR 1991)
I118 - F.O.B. -- ORIGIN -- GOVERNMENT BILLS OF LADING OR PREPAID POSTAGE (FAR 52.242-10) (APR 1984)
I119 - GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) (FAR 52.245-2) (DEC 1989)
I119a - GOVERNMENT PROPERTY (FIXED-PRICE CONTRACTS) (FAR 52.245-2), ALTERNATE I (DEV) (APR 1984)
I120 - GOVERNMENT-FURNISHED PROPERTY (SHORT FORM) (FAR 52.245-4) (APR 1984)
I121 - DISCLOSURE OF INFORMATION (DFARS 252.204-7000) (DEC 1991)
I122 - MILITARY RECRUITING ON CAMPUS (DFARS 252.209-7005) (FEB 1996)
I123 - EXCLUSIONARY POLICIES AND PRACTICES OF FOREIGN GOVERNMENTS (DFARS 252.225-7028) (DEC 1991)
I124 - PROGRESS PAYMENTS FOR FOREIGN MILITARY SALES ACQUISITIONS (DFARS 252.232-7002) (DEC 1991)
I125 - DOD PROGRESS PAYMENT RATES (DFARS 252.232-7004) (FEB 1996)
I126 - REPORTS OF GOVERNMENT PROPERTY (DFARS 252.245-7001) (MAY 1994)
I127 - WARRANTY OF DATA (DFARS 252.246-7001) (DEC 1991)
I128 - NOTICE OF TOTAL HUBZONE SET-ASIDE (FAR 52.219-3) (JAN 1999)
I129 - NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (FAR 52.219-4) (JAN 1999)
I130 - VERY SMALL BUSINESS SET-ASIDE (FAR 52.219-5) (MAR 1999)
I130a - VERY SMALL BUSINESS SET-ASIDE (FAR 52.219-5), ALTERNATE I (MAR 1999)
I130b - VERY SMALL BUSINESS SET-ASIDE (FAR 52.219-5), ALTERNATE II (MAR 1999)
I131 - CVC FAST PAY NOTICE (DSCC 52.213-9C01) (JUL 1994) (S9E Acquisitions Only)
a. In regard to FAR Clause 52.213-1, above, fast pay procedures only apply to delivery orders under $25,000.
b. All orders under $25,000 may be issued under the computer ordering procedure, utilizing fast pay procedures for direct deliveries. Orders of $25,000 or more shall be processed and issued manually and will be submitted to the Contractor's ordering office.
I132 - CUSTOMER VALUE CONTRACTS (CVC) ADDITION/DELETION OF ITEMS ON SCHEDULE (DSCC 52.217-9C09) (JUL 1994)
The Government reserves the right to bilaterally add to this CVC contract by modification at each option renewal period, any new or replacement items at prices to be negotiated.
The Government reserves the right to unilaterally delete from the contract those items which are obsolete (discontinued by manufacturer) or discontinued as commercial catalog items by the contractor. If, subsequent to award of this contract, any item included in this contract becomes obsolete, discontinued, or canceled as a commercial catalog item by the contractor, the contractor will provide the Government thirty (30) days advance written notice of such obsolescence, discontinuance, or cancellation and agrees to honor delivery orders for the item issued under this contract during such thirty (30) day period. The Government will delete any such item from this contract after receiving the required notice. If the contractor considers another commercial catalog item as a suitable substitute or replacement for the discontinued item, it will so advise the Government at the time it advises of the discontinued item. If the Government elects to include the replacement item in the contract, the contract will be modified accordingly.
If the contractor discontinues an item without replacement, the contractor will advise the Government of any known alternate sources of supply for a comparable item.
I133 - CVC PRICE REDETERMINATION - PROSPECTIVE (DSCC 52.216-9C43) (JUN 1997)
(a) General. The unit prices and the total price stated in this contract shall be periodically redetermined in accordance with this clause, except that (1) the prices for supplies and services ordered before the first effective date of price redetermination (see paragraph (b) of this clause) shall remain fixed and (2) in no event shall the total amount paid under this contract exceed any ceiling price included in the contract (paragraph g).
(b) Price redetermination periods. For the purpose of the price redetermination , performance of this contract is divided into successive periods that correspond to the option peirods. The first period shall extend from the date of the contract award to the end of the ordering period (normally 365 days after award), and the second and each succeeding period shall extend for 14 months from the end of the last preceding period. The first day of the second and each succeeding period shall be the effective date of price redetermination for the period.
(c) Data submission.
(1) Not more than 90 days nor less than 60 days before the end of each redetermination period, except the last, the Contractor shall submit proposed prices for supplies or services that may be ordered in the next succeeding period.
(2) The Contractor shall also submit documentation to support the requested price increase/decrease (i.e., commercial price list changes; GSA price changes if items are also on a GSA contract; informal cost data if same was provided and utilized to determine the original contract prices as fair and reasonable).
(3) If the Contractor fails to submit the date required by subparagraphs (1) and (2) above, within the time specified, the Contracting Officer may exercise the option provisions without *a price redetermination.
(d) Price redetermination. Upon the Contracting Officer's receipt of the data required by paragraph (c) above, the Contracting Officer and the Contractor shall promptly negotiate to redetermine fair and reasonable prices for supplies or services that may be ordered in the period following the effective date of price retermination.
(e) Contract Modifications. Each negotiated redetermination of prices shall be evidenced by a modification to this contract, signed by the Contractor and the Contracting Officer, stating the redetermination prices that apply during the redetermination period.
(f) Disagreements. If the Contractor and the Contracting Officer fail to agree upon redetermined prices within 60 days after the date on which the data required by paragraph (c) above are to be submitted, the Contracting Officer shall promptly issue a decision in accordance with the Disputes Clause. For the purpose of paragraph (e), the 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. Pending final settlement, price redetermination for subsequent periods, if any, shall continue to be negotiated as provided in this clause.
(g) Ceiling prices. Redetermined price(s) will not exceed a 10 percent increase over the preceding ordering period price(s). There will be no limitation on price decreases.
(h) Price Reductions. Nothing contained in this clause shall prevent any contractor from offering price reductions throughout the life of the contract nor shall it prevent the government from accepting such reductions.
I134 - CONTRACT QUANTITY LIMITATIONS (EMALL) (DSCC 52.216-9C10) (MAR 1999)
a. Minimum Amount: The Government agrees to order supplies covered by this contract in an amount of not less than __________ in exchange for the contractor being provided an opportunityys to the issuing office.
d. It is agreed and understood that the Government is under no obligation to order any supplies or services in excess of the "minimum amount" specified in paragraph a above and further, that the sum specified in paragraph b above shall not be construed as obligating the Government to any expenditure in excess of the minimum amount specified in paragraph a., above.
