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96-3_52
AFMCAC 96-3
15 May 1996 52-i
PART 5352--SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
Paragraph
Title Page
5352.204-9000 Assignment of serial numbers for configuration 52-1
control and administration of warranties.
5352.204-9001 Classified Effort. 52-1
5352.207-9000 Price Discounts Based On Quantity. 52-1
5352.207-9001 Government Performance of Services During Labor 52-2
Strikes.
5352.207-9002 Rights of the Government to Perform Functions with 52-2
Its Own Personnel.
5352.209-9000 Agreement to correct deficiencies. 52-3
5352.209-9001 Organizational Conflict of Interest. 52-3
5352.209-9002 Organizational Conflict of Interest. 52-4
5352.209-9003 Definitive Responsibility. 52-7
5352.209-9004 Resubmission of First Articles. 52-7
5352.209-9005 Interchangeable Part Number(s)/National Stock 52-8
Numbers (NSNs) (Applicable to CLIN/SubCLIN(s)_____).
5352.209-9006 Assignment of National Stock Number (NSN) 52-8
(Applicable to CLIN/SubClin(s)_______).
5352.209-9007 Contractor Material Purchase Before First Article 52-8
Approval.
5352.211-9000 Configuration Management. 52-9
5352.211-9001 Contractor Reporting Requirements. 52-9
5352.211-9002 Rental of Real Property. 52-9
5352.211-9003 Concurrent Delivery of Spares, Support Equipment 52-9a
and Technical Data, with Prime Mission Equipment.
5352.211-9004 Accelerated Delivery Prohibited. 52-9a
5352.211-9005 Delivery Schedule -- Unilateral Order. 52-9a
5352.211-9006 Use of Cancelled Military Specifications and 52-9b
Standards.
5352.211-9007 Military Specifications and Standards -- 52-9b
Alternatives.
5352.211-9008 Authorization for Early Delivery. 52-9c
5352.214-9000 Letter Response to Solicitation. 52-9c
5352.214-9001 Award-All or None Basis. 52-9c
5352.215-9000 Representations and Certifications. 52-10
5352.215-9001 Alternative Data Offers. 52-10
5352.215-9002 Lowest Evaluated Price Technique Technical 52-10
Proposal Requirements.
5352.215-9003 The AFMC Blue Ribbon Contractor Program. 52-12
5352.215-9004 The AFMC Blue Ribbon Contractor Program - Evaluation 52-14
Factors.
5352.215-9005 Reserved. 52-15
5352.215-9006 Make-or-Buy Program. 52-15
5352.215-9007 Standard Form 1411, Contract Pricing Proposals. 52-17
5352.215-9008 Submission of Cost or Pricing Information. 52-17
5352.215-9009 Submission of Certified Cost or Pricing Data. 52-18
5352.215-9010 Reserved. 52-18
5352.215-9011 Amortization of Production Special Tooling 52-19
and Production Special Test Equipment Costs.
AFMCAC 96-3
15 May 1996 52-ii
Paragraph
Title Page
5352.215-9012 Notice of Work Measurement System. 52-21
5352.215-9013 Work Measurement System. 52-21
5352.215-9014 Acquisition Ombudsman. 52-22
5352.215-9015 Standard Form 1412, Contract Pricing Proposals. 52-23
5352.215-9016 Start-Up Amortization. 52-23
5352.215-9017 Engineering Data. 52-23
5352.215-9018 Step Two of Two-Step Request for Proposal. 52-24
5352.215-9019 Intent to Incorporate Contractor's Technical 52-25
Proposal.
5352.215-9020 Incorporation of Contractor's Technical Proposal. 52-25
5352.215-9021 Replacement Items. 52-26
5352.215-9022 Proposal Samples. 52-26
5352.215-9023 Evaluation of Proposals Submitted when Qualification 52-28
Requirements Do Not Exist.
5352.216-9000 Economic Price Adjustment (EPA). 52-29
5352.216-9001 Payment of Fee. 52-31
5352.216-9002 Award fee. 52-32
5352.216-9003 Prior Instrument Superseded. 52-33
5352-216-9004 Authority to Issue Orders. 52-33
5352.216-9005 Types of Orders. 52-33
5352.216-9006 Procedures for Issuing Orders. 52-34
5352.216-9007 Procedures for Pricing Unpriced Orders. 52-34
5352.216-9008 Obligations of Contractor Under Unpriced Orders. 52-35
5352.216-9009 Term of Agreement. 52-36
5352.216-9010 Predetermined Indirect Cost Rates in Effect. 52-37
5352.216-9011 Offices Authorized to Issue Decentralized Orders. 52-37
5352.217-9000 Cancellation Ceiling. 52-38
5352.217-9001 Multiyear Solicitation Notice. 52-38
5352.217-9002 Submission of Multiyear Prices. 52-39
5352.217-9003 Submission of Multiyear Prices. 52-39
5352.217-9004 Submission of Multiyear Prices. 52-39
5352.217-9005 Multiyear Unit Prices. 52-40
5352.217-9006 Reduction of Multiyear Requirement. 52-40
5352.217-9007 Minimum Award Under Multiyear Procedure. 52-40
5352.217-9008 Multiyear Pricing of Option Items. 52-40
5352.217-9009 Cancellation Ceiling. 52-41
5352.217.9010 Multiyear Order Prices. 52-41
5352.217-9011 Multiyear Solicitation Notice. 52-41
5352.217-9012 Submission of Multiyear Prices. 52-42
5352.217-9013 Submission of Multiyear Prices. 52-43
5352.217-9014 Submission of Multiyear Prices. 52-43
5352.217-9015 Minimum Award Under Multiyear Procedure. 52-44
5352.217-9016 Government Administrative Cost. 52-44
5352.217-9017 Demonstration Milestones. 52-44
5352.217-9018 Award of Mission Essential Quantity. 52-45
5352.217-9019 Deleted. 52-47
5352.217-9020 Deleted. 52-47
5352.217-9021 Provisioning Procedures. 52-47
5352.217-9022 Reserved. 52-49
AFMCAC 96-3
15 May 1996 52-iii
Paragraph Title Page
5352.217-9023 Reserved. 52-49
5352.217-9024 Reserved. 52-49
5352.217-9025 Associate Contractor Agreements. 52-49
5352.219-9000 Submission of Subcontracting Plan. 52-50
5352.219-9001 Incorporation of Subcontracting Plan. 52-50
5352.223-9000 Proposed Cost of Enhanced Physical Security of 52-51
Products.
5352.223-9001 Enhanced Physical Security of Products. 52-51
5352.223-9002 Use of Hazardous Materials in the Performance of 52-52
On-Base Contracts.
5352-225-9000 Special Provision Under Paragraph (d) of FAR Clause 52-53
5352.229-6, "Taxes - Foreign Fixed-Price Contracts."
5352.225-9001 Law Covering Contracts. 52-53
5352.225-9002 Definition of F.O.B. Point for Shipments Originating 52-54
Overseas.
5352.225-9003 F.O.B. Point - Aerial Port of Embarkation (APOE). 52-54
5352.225-9004 F.O.B. Point - Water Port of Embarkation (WPOE). 52-55
5352.225-9005 F.O.B. Destination Purchaser's Designated Freight 52-56
Forwarder or Country Representative.
5352.225-9006 English Language Requirements 52-57
5352.225-9007 Authorized Privileges for Contractor Personnel in
Overseas Theater. 52-57
5352.225-9008 Evidence of Shipment for Foreign Military Sales 52-58
(FMS) Contracts.
5352.228-9000 Ground and Flight Risk. 52-58
5352.228-9001 Bid or Proposal Guarantee. 52-58
5352.228-9002 Performance and Payment Bonds. 52-59
5352.228-9003 Payment and Performance Bonds Requirements for 52-59
Fixed Price Subcontracts.
5352.228-9004 Insurance Clause Implementation 52-60
5352.231-9000 Precontract Costs. 52-60
5352.231-9001 Segregation of Costs. 52-60
5352.232-9000 Implementation of Limitation of Funds. 52-61
5352.232-9001 Notice of Funding Status. 52-61
5352.232-9002 Rough Order of Magnitude (ROM) Program Estimate 52-61
Profile.
5352.235-9000 Definition of Unusually Hazardous Risks. 52-62
5352.235-9001 Frequency Authorization. 52-63
5352.235-9002 Key Positions and Minimum Qualifications. 52-63
5352.235-9003 Small Business Innovation Research (SBIR) Phase I 52-64
and Phase II Contract Requirements.
5352.236-9000 Non-priced items - SABER. 52-64
5352.236-9001 Offers - SABER. 52-65
5352.236-9002 General information - SABER. 52-65
5352.236-9003 Ordering procedures - SABER. 52-66
5352.236-9004 Record drawings - SABER. 52-67
5352.236-9005 ADP support requirements - SABER. 52-68
5352.236-9006 Progress Schedules and Reports. 52-68
5352.236-9007 Model Unit Approval. 52-68
5352.236-9008 Preparation of Material Approval Submittals 52-69
5352.236-9009 Magnitude of Construction Projects. 52-69
AFMCAC 96-3
15 May 1996 52-iv
Paragraph
Title Page
5352.237-9000 Reserved. 52-70
5352.237-9001 Reserved. 52-70
5352.237-9002 Use of Non-Government Advisors. 52-70
5352.237-9003 Employee Qualification. 52-70
5352.237-9004 Enabling Clause Between Prime Contractors and 52-71
MSS Contractors.
5352.237-9005 Travel and Video Teleconferences. 52-72
5352.237-9006 Training. 52-72
5352.237-9007 Contractor Identification. 52-73
5352.237-9008 Contract Holidays. 52-73
5352.237-9009 Site Visit Arrangement. 52-74
5352.239-9000 Discontinuance (FIP Resources). 52-74
5352.239-9001 Technology Insertion (FIP Resources). 52-75
5352.239-9002 Replacements, Alterations and Attachments 52-75
(FIP Resources).
5352.239-9003 Maintenance (FIP Resources). 52-76
5352.239-9004 Task Change Proposals (FIP Resources). 52-79
5352.239-9005 Liquidated Damages Hardware/Software (FIP Resources). 52-80
5352.239-9006 Contractor Furnished Software (FIP Resources). 52-80
5352.239-9007 Contract-Sponsored Modifications (FIP Resources). 52-81
5352.239-9008 Contractor Site Preparation. 52-82
5352.239-9009 Government Site Preparation. 52-82
5352.239-9010 Computation of Fractional Charges (FIP Resources). 52-83
5352.239-9011 Programming Aids (FIP Resources). 52-83
5352.243-9000 Advance Change Adjustment Agreements. 52-84
5352.243-9001 Work Requests (Severable). 52-84
5352.243-9002 Not-to-Exceed/Not-Less-Than Agreements. 52-85
5352.244-9000 Deletion of Advance Notification/Consent 52-87
Requirement for Subcontracts.
5352.244-9001 Request for Deletion of Advance Notification/ 52-87
Consent Requirement for Subcontracts
5352.245-9000 Base support. 52-89
5352.245-9001 Title to Equipment. 52-90
5352.245-9002 Title to Equipment (Facilities Use). 52-91
5352.245-9003 Contractor Responsiblity for GFP. 52-91
5352.245-9004 Elimination of Competitive Advantage in the use of 52-91
Government Production and Research Property.
5352.245-9005 Authorization for the Acquisition or Fabrication of 52-92
Facilities.
5352.245-9006 Government Furnished Property (GFP). 52-93
5352.245-9007 Disposition of Residual Government Property. 52-93
5352.245-9008 Rent-Free Use of Government-Owned Property. 52-93
5352.245-9009 Rental Use and Charges of Government-Owned Property. 52-94
5352.245-9010 Evaluation of Bids/Proposals Including Use of 52-94
Government Furnished Tooling or Test Equipment.
5352.245-9011 Use of Special Tooling/Special Test Equipment on a 52-95
Non-Interference Basis.
5352.245-9012 Special Test Equipment. 52-95
5352.245-9013 Special Tooling/Special Test Equipment List. 52-95
5352.245-9014 Government Furnished Tooling. 52-96
AFMCAC 96-3
15 May 1996 52-v
Paragraph
Title Page
5352.245-9015 Government Furnished Property/Contractor 52-97
Requisitioning.
5352.245-9016 Maintenance of Government Furnished Property. 52-97
5352.245-9017 Government Furnished Information. 52-98
5352.246-9000 Material Inspection and Receiving Report. 52-99
(OMB No. 0704-0248)
5352.246-9001 Correction of Supplies Accepted with Deficiencies. 52-99
5352.246-9002 Inspection and Acceptance. 52-100
5352.246-9003 Additional Inspection Requirements. 52-101
5352.247-9000 F.O.B. Origin, Freight Prepaid. 52-101
5352.247-9001 F.O.B. Origin, Transportation Instructions. 52-102
5352.247-9002 Temporary Storage of FMS Munitions Items. 52-103
5352.247-9003 Marking of Warranted Items. 52-103
5352.247-9004 Commercial Bill of Lading Shipments - Carrier's 52-104
Rates.
5352.247-9005 Packaging for Inspection and Acceptance at 52-104
Destination.
5352.247-9006 Bar Code Marking. 52-104
5352.247-9007 Specification Commercial Packaging and Marking. 52-105
5352.247-9008 Contractor Commercial Packaging and Marking. 52-105
5352.247-9009 Engineered or Specialized Containers. 52-105
5352.247-9010 Packaging and Marking of Hazardous Material. 52-105a
5352.247-9011 Unilateral Amended Shipping Instructions (ASIs), 52-105a
F.O.B. Origin.
5352.290-9000 Delay and Standby Time. 52-105b
5352.290-9001 Measurement and Computation. 52-106
5352.290-9002 Measurement and Computation--Cryogenic Liquids. 52-107
5352.290-9003 Dewar Rental. 52-107
5352.290-9004 Contractor Seals Requirement. 52-108
5352.290-9005 Inspection and Acceptance--Propellants. 52-108
5352.290-9006 Inspection and Calibration Procedures. 52-109
5352.290-9007 Fill Point(s). 52-109
5352.290-9008 Delivery Schedule. 52-109
5352.290-9009 Special Distribution Instruction for Material 52-111
Inspection and Receiving Reports (DD Forms 250)
(Fuels).
5352.290-9010 Blanket Delivery Order. 52-111
5352.290-9011 Implementation of Economic Price Adjustments. 52-112
5352.290-9012 Contract Ordering Period. 52-112
5352.290-9013 Gas Standard Certificate of Traceability. 52-113
5352.291-9000 New Manufactured Material. 52-113
5352.291-9001 New Manufactured Material - Surplus Not Acceptable. 52-114
5352.291-9002 New Manufactured Material and Government 52-114
Surplus Only.
5352.291-9003 New Manufactured Material and Government or 52-114
Commercial Surplus Material Acceptable.
5352.291-9004 Listing of Surplus Material. 52-115
5352.291-9005 New and Unused Surplus Material is Acceptable. 52-116
5352.291-9006 New and Reconditioned Surplus Material is Acceptable. 52-116
AFMCAC 96-3
15 May 1996 52-vi
Paragraph
Title Page
5352.291-9007 New and Modified Surplus Material is Acceptable. 52-117
5352.291-9008 Used and Overhauled Surplus Material is Acceptable. 52-117
5352.291-9009 Overhaul and Certification by an FAA Licensed 52-117
Facility.
5352.291-9010 Part Number Verification. 52-118
5352.291-9011 Verifiable Dimensions. 52-118
5352.291-9012 Test and Verification. 52-118
5352.291-9013 Initial Acceptability Items. 52-118
5352.291-9014 Location of Inspection Testing. 52-119
5352.291-9015 Prior Government Ownership of Items. 52-119
5352.291-9016 100 Percent End Item Inspection. 52.119
5352.291-9017 Evaluation of Used and/or Overhauled Surplus 52-119
Material.
5352.291-9018 Evaluation of Items Requiring Reconditioning, 52-120
Modification, Repair or Overhaul by the Government.
5352.292-9000 Over and Above Work Procedures. 52-120
5352.292-9001 Reserved. 52-121
5352.292-9002 Excess Inventory - Disposition of Government 52-122
Property.
5352.292-9003 Reserved. 52-122
5352.292-9004 Maintenance acceleration/compression. 52-122
5352.292-9005 Maintenance of Government-Owned Equipment in 52-123
Possession of Overseas Contractors.
5352.292-9006 Five Year Policy. 52-123
5352.292-9007 Five Year Policy Pricing Agreement. 52-123
5352.292-9008 Drop-in Maintenance. 52-124
5352.292-9009 Evaluation of Over and Above Work. 52-125
5352.292-9010 End Items Beyond Economical Repair. 52-125
5352.292-9011 Delay of Aircraft Input. 52-126
5352.292-9012 Evaluation of Offers. 52-126
5352.292-9013 Evaluation of Offers - Movement of Government 52-126
Furnished Property.
5352.292-9014 Evaluation of Offers - Transportation Cost. 52-127
5352.293-9000 Foreign Disclosure Review Notice. 52-127
5352.293-9001 Qualification of Offeror Under Export Controlled 52-128
Restricted Solicitation.
5352.293-9002 Foreign Nationals-Foreign Sources. 52-128
5352.293-9003 Visit Requests by Foreign-Owned or Controlled 52-129
Firms.
AFMCAC 96-3
15 May 1996 52-1
5352.204-9000 Assignment of serial numbers for configuration control and administration of warranties.
As prescribed at 5304.9100,
insert the following clause in Section D of the solicitation and
contract.
The contractor shall assign
serial numbers to the items as specified in the contract specification
or statement of work (where applicable) or as otherwise indicated
herein. The serial numbers assigned shall have a 10 digit field,
with the first five digits containing the Federal Supply Code
for Manufacturers and the last five digits assigned in sequence.
Records of serial numbers assigned shall be maintained by the
contractor and the contractor shall annotate the applicable serial
numbers on the Material Inspection and Receiving Report (DD Form
250) submitted for Government inspection and acceptance of the
delivered items."
5352.204-9001 Classified Effort
As prescribed at 5304.404-90,
insert the following special contract clause in Section I of each
classified order:
Work under this effort is classified
and the DD Form 254, DOD Contract Security Classification Specification,
attached to the Basic Ordering Agreement (BOA) is applicable.
5352.2079000 Price Discounts Based On Quantity.
As prescribed at 5307.203(90),
insert the following provision in Section M of solicitations:
(a) Offerors are requested to submit a price for each quantity shown in Section B, Supplies or Services and Prices/Costs. If you do not submit a price for one of the quantities, it will be considered a "No Offer" for that quantity.
(b) To take advantage of quantity
discounts, the Government may purchase a larger quantity. When
budgetary limitations and funds management decisions permit, the
purchase quantity will be determined using the criterion of lowest
annualized total cost to the Government computed at the time of
offer evaluation. This total cost includes the cost to the Government
of ordering and holding inventory as well as the evaluated cost
of the items.
AFMCAC 96-3
15 May 1996 52-2
5352.2079001 Government Performance of Services During Labor
Strikes.
As prescribed at 5307.30590(c),
insert the following clause in Section H of solicitations and
contracts:
GOVERNMENT PERFORMANCE OF SERVICES
DURING LABOR STRIKES (JUL 1992)
(a) Because the services called for under this contract are of critical importance to the Air Force, the Government reserves the right to take over performance of this contract in the event of a labor strike by the Contractor's employees which impairs the Contractor's ability to
satisfactorily perform the contract. In such event, the services shall be performed exclusively by Air Force employees and not a mix of Air Force and nonstriking contractor employees. Under such circumstances, and at the direction of the Contracting Officer, the Contractor agrees to remove its nonstriking force from the performance site and not to interfere in any way with Government performance. The Contractor further agrees under such circumstances to permit the Government to use any essential contractorfurnished property. The Government will equitably compensate the Contractor for use of such property.
(b) The Contractor will not
be entitled to payment for any performance period or part thereof
during which the Government assumes performance pursuant to this
clause. This clause does not limit the Government's rights under
any other clause of this contract including but not limited to
"Default (FixedPrice Supply and Service)," "Termination
for Convenience of the Government (FixedPrice)," and
"Inspection of ServicesFixed Price."
5352.2079002 Rights of the Government to Perform Functions with Its Own Personnel.
As prescribed at 5307.30590(c),
insert the following clause in Section H of solicitations and
contracts:
(a) The Government reserves the right to perform or supplement performance of contract functions with Government personnel during periods of disaster, war emergencies, police actions, or acts of God.
(b) The performance described
in (a) above, will not constitute a breach of contract by the
Government within the meaning of the contract clause titled "Default
(FixedPrice Supply and Service)."
AFMCAC 96-3
15 May 1996 52-3
5352.2099000 Agreement to correct deficiencies.
As prescribed at 5309.1064(c)(90),
insert the following clause in Section H of the solicitation and
contract:
The contractor agrees to correct the deficiencies or effect the following corrective actions:
(a) Action: (Clearly state the deficiencies and the required corrective action. Reference an attachment to the contract if appropriate.)
(b) Date/Time Period: (Identify the date or time period for the deficiencies to be corrected.)
(c) Criteria: (Define the acceptance/completion criteria. Reference an attachment to the contract if appropriate.)
(d) Approval Office: (Identify
what office and organization will notify the contractor of acceptance/completion
of the deficiencies.)
5352.2099001 Organizational Conflict of Interest.
As prescribed in 5309.507-1,
include in Section L of solicitations the following provision
or one substantially similar. Insert the applicable language
in paragraph (a):
(a) There is potential organizational conflict of interest (see FAR Subpart 9.5) due to (state the nature of the proposed conflict). Accordingly:
(1) Restrictions are needed to ensure that (state the nature of the proposed restraint and the applicable time period).
(2) As a part of the proposal, the offeror shall provide the contracting officer with complete information of previous or ongoing work that is in any way associated with the contemplated acquisition.
(b) If award is made to the offeror, the resulting contract may include an organizational conflict of interest limitation applicable to subsequent government work, at either a prime contract level, at any subcontract tier, or both. During evaluation of submitted proposals, the government may, after discussions with the offeror and consideration of ways to avoid the conflict of interest, insert a special provision in the resulting contract which will disqualify the offeror from further consideration for award of future contracts.
(c) The organizational conflict
of interest clause included in this solicitation may be modified
or deleted during negotiations.
AFMCAC 96-3
15 May 1996 52-4
Alternate I (Jul 1992).
At the discretion of the contracting officer, substitute the
following paragraph (b) for paragraphs (b) and (c) in the basic
solicitation:
(b) The organizational conflict
of interest clause in this solicitation may not be modified or
deleted.
5352.2099002 Organizational Conflict of Interest.
As prescribed in 5309.507-2,
insert in Section H the following clause, or one substantially
similar. (Administrative notes: In paragraph (b), select the
appropriate definitions or descriptions. In paragraph (c), include
appropriate restrictions by selecting one or more of Alternates
I through V which follow the clause, and number accordingly.
Alternate VI addresses subcontract flowdown.)
(a) To prevent conflicting roles which may bias the contractor's judgment or objectivity, or to preclude the contractor from obtaining an unfair competitive advantage in concurrent or future acquisitions, the contractor will be restricted as set forth in subparagraph (c).
(b) The following descriptions or definitions apply:
(1) "Systems Engineering" means preparing specifications, identifying and resolving interface problems, developing test requirements, evaluating test data, and supervising design.
(2) "Technical Direction" means developing work statements, determining parameters, directing other contractors' operations, or resolving technical controversies.
(3) "Development" means all efforts towards solution of broadly-defined problems. This may encompass research, evaluating technical feasibility, proof of design and test, or engineering of programs not yet approved for acquisition or operation.
(4) "Proprietary Information" means all information designated as proprietary in accordance with law and regulation, and held in confidence or disclosed under restriction to prevent uncontrolled distribution. Examples include limited or restricted data, trade secrets, sensitive financial information, and computer software; and may appear in cost and pricing data or involve classified information.
(5) "System" means the system that is the subject of this contract.
(6) "System Life" means all phases of the system's development, production or support.
(7) "Contractor" means the business entity receiving the award of this contract, its parents, affiliates, divisions and subsidiaries.
(c) The following rules apply:
(Insert the appropriate language
for each applicable rule or conflict from Alternates I through
V listed at the end of this clause).
AFMCAC 96-3
15 May 1996 52-5
(d) (If the contractor must
flow down any portion of this clause to subcontractors, add language
substantially as set forth in Alternate VI following this clause
as either paragraph (d) or (e).)
Alternate I (Jul 1992).
As prescribed at FAR 9.5051, insert a subparagraph substantially
as follows within paragraph (c) of the basic clause:
(c) The contractor shall perform systems engineering and/or technical direction, but will not have overall contractual responsibility for the system's development, integration, assembly and checkout, or production. The parties recognize that the contractor will occupy a highly influential and responsible position in determining the system's basic concepts and supervising their execution by other contractors. The contractor's judgment and recommendations must be objective, impartial, and independent. To avoid the prospect of the contractor's judgment or recommendations being influenced by its own products or capabilities, it is agreed that the contractor is precluded for the life of the system from:
(1) Award of a Department of Defense (DOD) contract to supply the system or any of its major components, and
(2) Acting as a subcontractor
or consultant to a supplier to the DOD for the system or any of
its major components.
Alternate II (Jul 1992).
As prescribed at FAR 9.5052, insert substantially either
or both of the following subparagraphs within paragraph (c) of
the basic clause:
(c)(1) The contractor will prepare and submit complete specifications for nondevelopmental items to be used in a competitive acquisition. The contractor shall not furnish these items to the Air Force, either as a prime or subcontractor, for the duration of the initial production contract plus (insert a specific period of time or an expiration date).
(2) The contractor will either (i) prepare or assist in preparing a work statement for use in competitively acquiring the (identify the system or services), or (ii) provide material leading directly, predictably and without delay to such a work statement. Moreover, the contractor may not supply
(identify the services, the system,
or the major components of the system) for a period (state the
duration of the constraint, however, the duration of the initial
production contract shall be the minimum), as either the prime
or subcontractor unless it becomes the sole source, has participated
in the design or development work, or more than one contractor
has participated in preparing the work statement.
Alternate III (Jul 1992).
As prescribed at FAR 9.5053, insert language substantially
as follows under paragraph (c) of the basic clause. (Note: Change
this subparagraph to include reference to advisory and assistance
services in addition to technical evaluation, but only if advisory
and assistance services as defined in FAR 37.2 are involved.)
AFMCAC 96-3
15 May 1996 52-6
(c) The Contractor will participate
in the technical evaluation of other contractors' proposals or
products. To ensure objectivity, the contractor is precluded
from award of any supply or service contract or subcontract for
the system or its major components. This restriction shall be
effective for (insert a definite period of time"). This
does not apply to other technical evaluations concerning the system.
Alternate IV (Jul 1992).
As prescribed at FAR 9.5054, insert language substantially
as follows under paragraph (c) of the basic clause:
(c) The contractor may gain
access to proprietary information of other companies during contract
performance. The contractor agrees to enter into companytocompany
agreements to (1) protect other company's information from unauthorized
use or disclosure for as long as it is considered proprietary
by the other company and (2) refrain from using the information
for any purpose other than that for which it was furnished. For
information purposes, the contractor shall furnish copies of these
agreements to the contracting officer. These agreements are not
intended to protect information which is available to the Government
or to the contractor from other sources and furnished voluntarily
without restriction.
Alternate V (Jul 1992).
For task ordering contracts, add the following to paragraph (c)
of the basic clause when more than one system is supported. (For
clarification purposes, the contracting officer may include a
list of systems for which task orders may be issued and indicate
which organizational conflict of interest provision(s) will relate
to each):
(c) The contractor agrees to
accept and to complete all issued task orders, and not to contract
with government prime contractors or first-tier subcontractors
in such a way as to create an organizational conflict of interest.
Alternate VI (Jul 1992).
At the contracting officer's discretion, insert the following
language as paragraph (d) or (e) of the basic clause:
[(d) or (e)] The above restrictions
shall be included in all subcontracts, teaming arrangements, and
other agreements calling for performance of work related to this
contract, unless excused in writing by the contracting officer.
AFMCAC 96-3
15 May 1996 52-7
5352.209-9003 Definitive Responsibility Criteria
As prescribed at 5309.104-2(a),
insert a provision in Section M of solicitations, substantially
as follows. Tailor the provision to include an appropriate method
of verifying that bidders/offerors meet the special standards;
e. g., if verification during a pre-award survey is contemplated,
change the first sentence of paragraph (b) to read "The bidder/offeror
must provide documentation or other evidence of meeting the special
standards to the pre-award survey team.
(a) Special standards of responsibility
apply to this acquisition in accordance with FAR 9.104-2(a).
The following special standards apply:
(b) The bidder/offeror shall submit documentation with the bid/proposal that demonstrates the bidder/offeror meets the above special standards. The contracting officer may request additional documentation after bid opening or receipt of proposals. This data will be used to determine whether or not a bidder/offeror meets the special standards of responsibility. Bidders/
Offerors failing to meet the special
standards referenced in paragraph (a), above, shall be determined
to be non-responsible and, therefore, ineligible to receive contract
award.
5352.209-9004 Resubmission of First Articles.
As prescribed in 5309.308, insert
the following clause in Section I of the solicitation and contract:
If first article re-testing/resubmission
is authorized under FAR 52.209-3 (c) or 52.209-4 (c), in addition
to any equitable adjustment to the contract price as consideration
for delivery schedule extension(s), additional costs to the Government
related to the re-testing/resubmission, including administra-tive
costs for the contract modification, in the amount of $_________
(contracting officer shall insert estimate from AFMC form 260
for retesting value and up to $500 for administrative costs) shall
be borne by the contractor and deducted from the contract price.
When the government determines that a complete re-test is not
required, the contracting officer may adjust the total re-testing
cost accordingly.
AFMCAC 96-3
15 May 1996 52-8
5352.209-9005 Interchangeable Part Number(s)/National Stock Numbers (NSNs) (Applicable to CLIN/SubCLIN(s)________)
As prescribed at 5309.206-1(d)(90),
insert the following provision in section K of the solicitation:
Offerors shall indicate below,
the part number and National Stock Number being offered. If this
is a negotiated acquisition, failure to so indicate may result
in the offer being considered unacceptable. If this acquisition
uses sealed bidding procedures, failure to so indicate shall result
in the offer being considered nonresponsive.
__________________ _______________ _________________________
(Manufacturer) (Part Number)
(National Stock Number)
5352.209-9006, Assignment of National Stock Number (NSN) (Applicable to CLIN/SubCLIN(s)_________)
As prescribed in 5309.206-1(d)(91),
the contracting officer shall insert the following clause in Section
D of the solicitation and contract:
Unless waived in writing by the
contracting officer, the assignment of a National Stock Number
(NSN) is a prerequisite to shipment of property destined for stock
under this contract. If the contractor has not received applicable
NSNs for the Non-cataloged numbered items ___(insert number of
days) before the scheduled shipping date, the contractor shall
notify ____________________ (insert responsible Government office
symbol, location and phone number) and request the NSNs.
5352.209-9007 Contractor Material Purchase Before First Article Approval.
As prescribed at 5309.308-1(b)(3)(90)
or 5309.308-2(b)(3)(90), insert the following clause in Section
I of solicitations and contracts:
In accordance with Alternate II
of the clause entitled First Article Approval--Contractor Testing
(FAR 52.209-3) or Alternate II of the clause entitled First Article
Approval--Government Testing (FAR 52.209-4), authorization is
granted for the following material/components to be acquired prior
to first article approval: (insert material list)
AFMCAC 96-3
15 May 1996 52-9
5352.211-9000 Configuration Management
As prescribed in 5311.204(90),
insert the following clause substantially as written in Section
C of the solicitation and contract(s):
(Enter applicable paragraph
numbers/appendices/references)
of MIL-STD-973 apply as applicable in the configuration management
of the items set forth in Section B of this contract/order.
(Enter applicable paragraph
numbers/appendices/references)
of MIL-STD-961D, Appendix A, apply as applicable for the selection,
preparation and modification of program-unique specifications
for the items set forth in SECTION B of this contract/order.
5352.211-9001 Contractor Reporting Requirements
As prescribed at 5311.604(90),
insert the following clause in Section I of the solicitation and
contract(s):
Any report required by 15 CFR
700, Subpart D, Section 700.13(d), of the Defense Priorities and
Allocation System regulation relating to an actual or anticipated
delayed shipment, reason for delay, and/or new projected shipment
date is to be sent concurrently by the Contractor to both the
Procuring Contracting Officer (PCO) and the Administrative Contracting
Officer (ACO) within the specified ten (10) calendar days.
5352.211-9002 Rental Of Real Property
As prescribed at 5311.404(a)(93),
insert the following clause in Section I of the solicitation and
contract(s), substantially as follows:
The Government agrees to pay rent for the property specified herein. In the case of property rented at a monthly rate, the rent shall begin with respect to such property at the beginning of the term of this lease or upon the date of delivery of such property to the Government, whichever is later, and shall continue to the date on which this lease expires or is terminated with respect to said property; and rent accruing during the month of delivery of any property and the month of return of any property to the contractor shall be prorated on the basis of a thirty-day month. No rent shall accrue with respect to any property furnished by the contractor which the Contracting Officer (CO) determines is not of satisfactory quality or in good operating condition, unless and until such property is replaced or the defects are
corrected. No rent shall accrue
with respect to any property during any period when such property
is unusable as a result of the failure of the contractor to render
services in connection with operation and maintenance of the equipment
as hereinafter required.
AFMCAC 96-3
15 May 1996 52-9a
5352.211-9003 Concurrent Delivery of Spares, Support Equipment and Technical Data, with Prime Mission Equipment
As prescribed in 5311.404(a)(91),
insert the following clause in Section F of the solicitation and
contract(s):
Notwithstanding government
acceptance, delivery of prime equipment and/or training equipment
will not be considered complete and eligible for final payment
unless (insert applicable CLINs for required support equipment,
spare parts, technical manuals, and technical documentation)
required for concurrent or prior delivery have been delivered
and accepted as stipulated in the contract.
5352.211-9004 Accelerated Delivery Prohibited
As prescribed in 5311.404(a)(92),
insert the following clause in Section F of the solicitation and
contract(s):
The contractor is prohibited
from exceeding the delivery rate or accelerating delivery of line
items or subline items under this contract by more than (insert
number) days prior to the time set forth in Section F. This
shall not be construed, however, as a waiver of the contractor's
responsibility to meet the schedule requirements or to perform
any of its obligations under this contract.
5352.211-9005 Delivery Schedule -- Unilateral Order
As prescribed at 5311-404(a)(90),
insert the following clause in Section F of the solicitation and
contract(s):
The government's desired delivery/completion
schedule will be established in each order issued under this contract.
The delivery schedule/completion date shall be subject to acceptance
or modification as follows:
(a) If the contractor does not propose a different delivery/completion schedule to the contracting officer within ____ days from the issue date of the order, the order shall become a firm contractual obligation.
(b) If the contractor proposes
a different delivery/completion schedule to the contracting officer
within ____ days from the issue date of the order, the contractor
and government shall promptly enter into negotiations to establish
a mutually acceptable schedule. The negotiated, firm schedule
shall be incorporated into the order by supplemental agreement.
AFMCAC 96-3
15 May 1996 52-9b
5352.211-9006 Use of Cancelled Military Specificaitons and Standards.
As prescribed in 5311.204 (91),
add the following provision substantially as written in Section
L of all solicitations for reprocurement of replenishment spare
parts using technical data packages.
(a) The drawings, descriptions, or work statements which are part of this solicitation may cite or make reference to military specifications and/or military standards (MIL-Spec/STDs), or other standardized documents which have been superseded, canceled or inactivated since the drawings, descriptions, or work statements were prepared.
(b) The offeror may submit, at their discretion, alternatives to the superseded or canceled MIL-Specs/STDs cited in this TDP. Unless the alternative is specifically approved by the Government, the superseded or canceled documents contained in this solicitation shall remain fully applicable to any resulting contract.
(c) If alternatives are submitted, the Government will evaluate contractor-proposed alternatives to the superseded or canceled MIL-Specs/STDs which are cited in this solicitation. In submitting proposed alternatives for Government consideration, the offeror will include:
(1) A copy of the proposed alternative (s) (e.g. Commercial Item Description, Nongovernment Standard, Company Standard). When commercial items are proposed, performance test results and interface information may suffice.;
(2) An analysis of the proposed alternative(s) to include, but not limited to, a discussion on technical and material feasibility, past performance application of alternative, cost-effectiveness from a life-cycle perspective, pollution prevention, and any restriction that may be imposed on the Government's use of the proposed alternative and;
(3) An assessment of the impact any proposed alternative(s) will have on the source qualification process or the need for first article testing.
(d) Copies of canceled Mil-Specs/STDs
may be obtained from the DoD Single Stock Point, Standardization
Document Order Desk, Building 4D, 700 Robins Avenue, Philadelphia,
PA 19111-5094 by referring to this solicitation.
5352.211-9007 Military Specifications and Standards -- Alternatives.
As prescribed in 5311.204 (91),
add the following clause substantially as written in Section I
of solicitations/contracts for reprocurement of replenishment
spare parts using technical data packages. When the offeror has
proposed, and the government has approved, the use of an alternative
to the superseded or canceled MIL-Specs/STDs cited in the TDP,
the government must fill in the alternatives prior to execution
of the contract.
The alternative specifications
and standards listed herein are approved substitutes for the military-specifications/standards
(MIL-Specs/STDs) cited in this contract. Unless an alternative
is specifically approved by the government and listed herein,
the superseded or canceled MIL-Specs/STDs cited in this contract
shall be contractually binding.
Originally Cited MIL-Spec/STD Approved Alternative
________________________________ ______________________________
________________________________ ______________________________
________________________________
______________________________
AFMCAC 96-3
15 May 1996 52-9c
5352.211-9008 Authorization for Early Delivery.
As presecribed in 5311.404(94),
insert the following clause in Section F of the solicitation and
contract(s):
The item(s) on this contract
have been identified as being likely to need the issuance of amended
shipping instructions (ASIs). No deliveries are to be made under
this contract earlier than 20 calendar days before the contract
schedule date(s) without the written authorization of the contracting
officer.
5352.2149000 Letter Response to Solicitation.
As prescribed in 5314.301(d)(90),
insert the following provision in Section L of all IFBs.
(a) If a form/letter bid is submitted in response to this solicitation, the form/letter must include:
(1) A statement accepting all terms and conditions of the solicitation;
(2) Unit and total prices by line item and the total price for the requirement;
(3) Item number(s), F.O.B. point (destination or origin), quantity, discount terms, and delivery;
(4) Responses to the representations and certifications contained in Section K of the solicitation; and
(5) A listing of the solicitation amendment(s), including the number received, if any.
(b) The envelope must be clearly
marked as a form/letter bid and identify the solicitation number,
the bid opening date and time.
5352.214-9001. Award-All or None Basis.
As prescribed at 5314.301(d)(91)
or 5315.407(90)(c), insert the following provisions in Section
M of solicitations:
Notwithstanding FAR clause 52.214-10(c),
52.214-19(c), 52.215-16(d), 52.215-16(d), Alternate I, (select
one of these clauses as appropriate), award shall be made to a
single bidder/offeror whose offer responds to all items included
in the solicitation. Failure to provide for any item including
any option, will render the bid non-responsive or may cause the
offeror's proposal to be rejected.
AFMCAC 96-3
15 May 1996 52-10
5352.2159000 Representations and Certifications.
As prescribed in 5314.2015(90)(a)
and 5315.407(90), insert the following provision in Section K
of all large dollar solicitations.
Annually, this AFMC activity
provides contractors with a fulltext Representations, Certifications,
and other Statements of Offerors or Quoters (Section K) package;
therefore, when appropriate, only the title, regulation reference
number, date, and fillinportion (if any) of provisions
applicable to this solicitation will be provided. Using the fulltext
Representations, Certifications, & Other Statements of Offerors
or Quoters previously provided, please complete all the provisions
included in this solicitation and return with your bid/proposal.
Completion of this section represents certification that the
responses are current, accurate, and complete as of the date of
this bid/proposal. If you have not obtained a copy of the fulltext
Representations, Certifications, & Other Statements of Offerors
or Quoters package, a copy may be obtained from: (Fillin
buying activity address)
5352.2159001 Alternative Data Offers.
As prescribed at 5315.4065(b)(90),
consider inserting the following or a similar provision written
substantially the same in Section L of solicitations when alternative
proposals to the stated data requirements are desired:
In addition to an offer which
includes the data requirements on the DD Form 1423, Contract Data
Requirements List of this solicitation, submission of alternative
offers which recommend consolidation/substitution/elimination
of the stated data requirements are encouraged.
5352.215-9002 Lowest Evaluated Price Technique Technical Proposal Requirements.
Insert the following provision
substantially as written in Section L of solicitations utilizing
the LEP technique as prescribed in 5315.608(a).
(a) The offeror shall submit the technical proposal as a package separate from the pricing proposal and other portions of the proposal. Proposals shall include all data and information required by this solicitation. The offeror shall make no reference to price in the technical proposal. Only one technical proposal from each offeror shall be considered unless the instructions otherwise allow for alternate proposals. The offeror's technical proposal and any subsequent negotiated changes thereto shall be incorporated
AFMCAC 96-3
15 May 1996 52-11
into any resultant contract and the commitments made therein shall be binding upon that offeror. In cases of any conflict or ambiguity between the offerors technical proposal (including amendments) and the Government specifications, the Government specifications shall govern.
(b) Offerors are advised to submit a technical proposal which is clear and comprehensive without additional explanation or information. Nonconformance with the instructions may be cause for rejection of the proposal. The Government may make a final determination regarding responsiveness solely on the basis of the technical proposal as submitted without requesting any further information. However, if it is deemed necessary, the Government may, at its sole discretion, request additional information from offerors of proposals clarifying or supplementing, but not substantially changing, any proposal as submitted. For that purpose, the Government may discuss any such proposal with the offeror. If the Government conducts discussions with any offeror in the competitive range, the Government shall conduct meaningful discussions with all offerors in the competitive range.
(c) The offeror's proposal for the requirement shall be clear, coherent, legible and prepared in sufficient detail for effective evaluation by the Government. Elaborate documentation, expensive binding, detailed art work, or other embellishments are unnecessary. The proposal shall be submitted in
accordance with these instructions. The intent of the proposal shall be to provide sufficient data to support a decision to select a qualified contractor and to award the contract. The offeror shall assume that the evaluation team has no previous knowledge of its management and experience, and that it will base its evaluation on the information presented in the proposal.
(d) The proposal shall address and track the numerical sequence of the specific information requested in (Insert solicitation provision) of this solicitation.
(e) Unjustified exceptions (any instance where the offeror does not address a requirement of the RFP) could be a cause for rejecting the proposal as being nonresponsive.
(f) The proposal shall be organized as follows:
(1) The proposal shall consist of volumes numbered sequentially. The title, the contents, and the number of each volume shall be as defined in Table I of this document.
(2) Each volume shall be
written, to the greatest extent possible, on a stand-alone basis
so that its contents may be evaluated with a minimum of cross-referencing
to other volumes of the proposal. Failure to separate the proposal
into separate volumes could be a cause for rejecting the proposal
as being nonresponsive.
VOLUME NO. COPIES
NOTE:
The number of copies of each volume indicated above shall be
delivered to (Insert mailing address). Mark proposals:
"Source Selection Sensitive", and/or "For
Official Use Only", as applicable.
AFMCAC 96-3
15 May 1996 52-12
(3) If information required for proposal evaluation is not found in the section designated for its presentation, it may be assumed to have been omitted from the proposal.
(4) Cost and Pricing. The costs proposed for accomplishing the program shall be confined entirely to Volume . The cost proposal shall consist of the offeror's cost to accomplish the basic program as defined in the Statement of Work under a Firm Fixed Price Contract. The price proposal shall also include the offeror's price to accomplish each annual option, if applicable.
(g) The proposals shall be prepared as follows:
(1) Binding. Each volume of the proposal shall be submitted in three-ring binders. In the event that volumes are larger than a standard three-ring binder, they should be conveniently separated, clearly marked as to volume number, title, and offeror's identity.
(2) Page and Typing. Page size shall be 8 1/2 x 11 inches. Pages shall be typed one and a half spaces with a maximum of twelve characters per inch. Fold-out pages may be included in the proposal, but their width shall not exceed four regular (8 1/2 x 11 inches) pages. When included, fold-out pages shall be limited to charts, graphs, etc., and shall fold entirely within the page size of the book.
(3) Indexing. The proposal shall contain a master Table of Contents for the total proposal in Volume I. This shall identify major groupings of information as indicated by the Evaluation Criteria and their location. Each volume and section shall contain a detailed Table of Contents to delineate the subparagraphs contained therein.
(4) Cross-Referencing.
Cross-referencing is permitted within proposal volumes where
its use would conserve space without impairing clarity.
5352.2159003 The AFMC Blue Ribbon Program
As prescribed at 5315.60590(g)(1)&(2),
insert the following provision in Section L of solicitations:
(a) The Blue Ribbon Program (BRP), set forth at AFMC FAR Supplement (AFMCFARS) 5315.605-90, is a best value contracting technique that provides a framework for Air Logistics Center (ALC) contracting officers to exercise business judgment in awarding contracts for Federal Supply Class (FSC) items that are normally awarded on the basis of price alone. It recognizes that among responsible offerors, varying degrees of quality and delivery
performance exist and that award to the lowest evaluated price offeror is not always in the best interest of the Government. Upon application and approval,
those contractors meeting the BRP criteria will be designated as Blue Ribbon Contractors (BRCs) and their designation will be considered in contract award decisions. A BRC is designated in an individual FSC and that designation is unique to each ALC.
(b) The BRP shall apply to all competitively negotiated, replenishment spare parts acquisitions in which there is a price competition, defined by FAR 15.602(a)(1), and resulting in firm-fixed-price contract awards. In addition,
AFMCAC 96-3
15 May 1996 52-13
competitively negotiated acquisitions for other (non-replenishment spares) FSC items in which there is a price competition, defined by FAR 15.602(a)(1), and resulting in firm-fixed-price contract awards may use the BRP upon the Buying Office Contracting Official's approval. The BRP may be used for acquisitions which are total small business set-asides, total small and disadvantaged business set-asides, and all other unrestricted procurements. It does not apply to acquisitions designated as partial set-asides, or that use formal source selection (AFFARS Appendix AA and BB) or sealed bidding procedures.
(c) BRC Designation Requirements:
(1) General. BRC designation means that an applicant has achieved a defined level of past performance in terms of product quality, on-time delivery, and minimum business level in that FSC. The required levels of performance are as defined below.
(2) Specific Criteria (all must be met or exceeded).
(i) Delivery Criteria.
A contractor must maintain a minimum on-time delivery rate of
90 percent in the FSC applied for, within a given ALC during the
previous 12 months. The delivery rate will be calculated by dividing
the number of completed, on-time contract delivery schedules during
the period (C) by the total number of contract delivery schedules
due-in (S) and multiplying the quotient by 100.
On-time Delivery Rate Percent (%) = C x 100
S
(ii) Quality Criteria.
A contractor must maintain a minimum quality rating of 99 percent
in the same FSC based on the number of units reported defective
and charged as contractor responsibility within the prior 12 months
of an application's submission date regardless of when these units
were delivered. The rate is computed as: the total number of
units delivered in the prior 12 months of the application's submission
date (Q) minus the total number of units reported defective and
charged as contractor responsibility (D). This value is then
multiplied by 100 and this new product is divided by Q.
Quality Rate Percent (%) = (Q-D)100.
Q
(iii) Minimum Business Level Criteria. A contractor must have completed delivery of at least three CLINs, not sub-CLINs, in the FSC applied for, during the past 36 months. In addition, the cumulative dollar value of these completed CLINs must meet or exceed $50,000.
(iv) In-Plant Quality Problems. No in-plant quality problem(s) exist affecting the FSC applied for which results in the contractor being listed on the DLA Contractor Alert List.
(v) There is no other
significant information regarding a contractor's performance that
would directly and adversely affect the contractor's ability to
perform. Examples include: consistently poor or delinquent contract
data deliveries related to the hardware delivered in the specific
FSC being acquired or for which BRC application is being made;
debarment or suspension; and documented failure to correct deficiencies
under warranty. This type of
AFMCAC 96-3
15 May 1996 52-14
information must be appropriately documented and objective in naturenot "perception." However, the use of this criterion is limited to the specific
business entity, as identified by the Commercial and Government Entity (CAGE) code, that is primarily responsible for the business in the identified FSC.
(d) BRC Application Process:
(1) Application Submission. Contractors who want to be considered for BRC designation in a specific FSC must submit an application to the Blue Ribbon Program Monitor (BRPM) at the appropriate ALC. Contractors are encouraged to submit applications as soon as they have the data available to support their application. Applications submitted with an offeror's proposal will be forwarded to the BRPM to initiate the evaluation process. Contract awards will not be delayed in order to process BRC applications. A contractor must be designated as a BRC before the contract award date to receive BRC consideration in the evaluation process.
(2) Application Requirements: Contractor applications must provide the information listed at AFMCFARS 5315.605-90(d)(2) for performance within a specific FSC at the appropriate ALC. Applications that do not contain the required information shall not be processed until the necessary information is received from the contractor.
(e) Additional information about the BRP, BRC application content, and application filing and processing procedures is included in the AFMCFARS at 5315.605-90 or can be obtained from this ALC's BRPM, (BRPM's name, office symbol and commercial telephone number). Offerors already designated as BRCs in the FSCs listed in this solicitation do not need to apply or submit past performance information with their offer.
(f) To aid in the Government's
evaluation process, currently designated BRCs should complete
the following, and provide this information as part of their offer,
preferably on the first page, for each FSC identified in the solicitation,
as applicable:
(1) Designated FSC(s):_________________________________
(2) Designation Date for
each FSC:_____________________
(3) Designating ALC:___________________________________
5352.215-9004 The AFMC Blue Ribbon Program - Evaluation Factors for Award
As prescribed at 5315.60590(g)(1)&(2),
insert the following provision in Section M:
(a) The Blue Ribbon Program (BRP) is a best value contracting technique which provides a structure within which the contracting officer exercises business judgment in awarding contracts that provide the best value to the Government. Under the BRP, price and designation as a Blue Ribbon Contractor (BRC) will be considered in the contract award decision. The contracting officer is authorized to make an award to a BRC after considering the price differential between the low non-BRC offer and the lowest BRC offer. If the
AFMCAC 96-3
15 May 1996 52-15
lowest evaluated price BRC offer is also the lowest offer overall which meets the minimum requirements of the solicitation, award shall be made to the low BRC, subject to a positive responsibility determination.
(b) The contracting officer's decision whether to pay a price differential and the magnitude of the differential will be based upon any one, or a combination of, the following considerations:
(1) A need for the item(s) to be delivered within the time constraints or quality parameters stated in the solicitation, to meet essential mission requirements.
(2) A need to compensate for an item's poor or inconsistent delivery, performance, or quality history in order to provide the user with a more capable product or stable source of supply.
(3) A need to develop additional sources for an item.
(c) Under the BRP, the Air Logistics Center may designate BRCs in the Federal Supply Classes (FSCs) it manages. This designation will be provided to those contractors who apply for designation and meet the specific criteria as identified in AFMCFARS solicitation provision 5352.215-9003, The AFMC Blue Ribbon Program (see Section L of this solicitation).
(d) If an offer is not received
from a BRC and none of the participating offerors is designated
as a BRC prior to contract award, award will be made to the offeror
who meets the minimum requirements of the solicitation, offers
the lowest evaluated price and is determined to be responsible.
5352.215-9005 Reserved.
5352.215-9006 Make-or-Buy Program.
As prescribed in 5315.705(90),
insert the following provision in Section L when submission of
a make-or-buy program is required.
(a) The contractor shall submit with his proposal a proposed MakeorBuy Program to include or be supported by the following information:
(1) A description of each major item or work effort that requires company management review of the makeorbuy decision because they are complex, costly, needed in large quantities, or require additional facilities to produce. Raw materials, commercial products and offtheshelf items shall not be included, unless their potential impact on contract cost or schedule is critical. Makeorbuy programs should not include items or work efforts estimated to cost less than (i) one percent of the total estimated contract price or (ii) $1,000,000, whichever is less.
(2) Categorization of each major item or work effort as "must make," "must buy," or "can either make or buy."
(3) For each item or work effort categorized as "can either make or buy," a proposal either to "make" or to "buy."
(i) Proposals for "make" items shall include:
(A) Basis for estimated inplant cost for each "must make" item. If past experience on inplant production of similar items is used as a baseline to develop this cost, explain the relationship between the similar items. If
AFMCAC 96-3
15 May 1996 52-16
past experience on subcontracting for similar items is used as a baseline, also explain the relationship between the two. If available, include labor standard data to support the decision to make each item inplant. Give reasons why the competence, ability, experience, and capability at other firms that produce each "make" item do not support a "buy" decision.
(B) Plantloading data to show projected use of existing and additional manpower and facilities to support the inplant effort on the program. Show the optimum inplant effort to indicate the relationship between this program and overall workload associated with other programs. Explain the effect the makeorbuy decision for each item will have on the overhead rates for this program or other government contracts.
(ii) Proposals for "buy" shall include the basis for estimating subcontractor's cost for each "buy" item. Indicate the most likely source to
be selected. If subcontractors' proposals have not been received, indicate the estimated number of sources to be solicited for each buy item proposal and the estimated date for receipt of each proposal. If available, include labor standard data to make each item inplant.
(iii) Proposals for "can either make or buy" shall include estimated startup costs for each makeorbuy item, to include special tooling (cross reference with tooling plan and makeorbuy summary), plant rearrangement, and any other manufacturing or indirect costs that could be considered a loss to either the contractor or government if a decision is made to change the initial designated makeorbuy source.
(4) Reasons for:
(i) categorizing items and work efforts as "must make" or "must buy," and;
(ii) proposing to "make" or to "buy" those categorized as "can either make or buy."
The reasons must include the consideration given to the evaluation factors described in the solicitation and be in sufficient detail to permit the contracting officer to evaluate the categorization or proposal.
(5) Designation of the plant or division proposed to make each item or perform each work effort and a statement as to whether the existing or proposed new facility is in or near a labor surplus area.
(6) Identification of proposed subcontractors, if known, and their location and size status. Identification of items on which small business firms may be able to compete for subcontracts.
(7) Any recommendations to defer makeorbuy decisions when categorization of some items or work efforts is impracticable at the time of submission.
(b) The following described factors will be used in evaluating the proposed program:
(1) Capability;
(2) Capacity;
(3) Availability of small business and labor surplus concerns for subcontracting;
(4) Establishment of new facilities in or near labor surplus areas;
(5) Delivery or performance schedules;
(6) Control of technical and schedule interfaces;
(7) Proprietary processes;
(8) Technical superiority or exclusiveness; and
AFMCAC 96-3
15 May 1996 52-17
(9) Technical risk involved.
(End of
Provision)
5352.215-9007 Standard Form 1411 Contract Pricing Proposals.
As prescribed at 5315.804-6(b),
insert a provision substantially as follows in Section L of solicitations:
(a) A Standard Form 1411 (Contract Pricing Proposal Cover Sheet) must be completed in accordance with FAR 15.804-6, signed and submitted with proposals for the requirements of this solicitation.
(b) A completed SF 1411 with supporting data will be submitted in accordance with FAR Table 15-2 and distributed as follows:
(1) Original and one copy with the proposal to the Procuring Contracting Officer.
(2) Two copies directly to the cognizant Administrative Contracting Officer.
(3) One copy directly to the cognizant Defense Contract Audit Agency.
(c) With the above SF 1411 submission, the Contractor is requested to submit completed DD Form(s) 1861 or to provide the information necessary to complete the DD Form(s) if Facilities Capital Cost of Money is proposed.
(d) Changes (additions, deletions, or modifications) to contract pricing proposals will include documentation indicating how previously submitted proposal(s) are impacted or affected. Contractors will distribute change proposals as prescribed in paragraph (b) above. The Contractor shall ensure that the government official directly negotiating the acquisition is furnished with the latest cost/pricing information available to the Contractor.
5352.215-9008 Submission of Cost or Pricing Information.
As prescribed in 5315.804-6(a)(2),
insert the following provision in Section L of solicitations substantially
as written:
To facilitate pricing in accordance with FAR 15.805-1, offerors are requested to provide the following information for each item in the solicitation where applicable:
(a) Prior sales history. The prices and quantities in which the offeror has previously sold the same or similar products including the award date, purchasing activity, contract number, and an explanation of significant differences in price to the current offer. In addition, if the sales provided are for a similar item, provide the part number or national stock number and an item description.
(b) If an item is, or is substantially similar to, a commercial item sold in substantial quantities to the general public at an established catalog or market price (FAR 15.804-3(c)) provide:
AFMCAC 96-3
15 May 1996 52-18
(1) Copies of the applicable pages of the commercial catalog and/or price lists or information supporting the established market price;
(2) The name, quantity, unit price and award date of the most recent sale at the catalog/market price;
(3) The name, quantity, unit price and award date of the most best priced sale at other than the catalog/market price;
(4) The percent of sales to commercial customers (other than government contractors) and the time period the sales occurred; and
(5) An explanation of similarity
(if applicable) and an estimate of the price difference between
the commercial item and the subject item.
ALTERNATE I (JUL 1992). As prescribed by 5315.804-6(a)(2), in addition to the basic provision, add a paragraph substantially the same as the following in Section L of the solicitation where pricing information is needed by element of cost.
(c) For items not subject to
(b) above, provide a summary elemental cost breakdown consisting
of material costs, labor costs, overheads, general & administrative
costs, cost of money, and profit. In addition, provide the cost
data in support of: (*). Cost or pricing data submitted shall
not be subject to certification in accordance with FAR 15.804-4.
(* To be filled in by the contracting officer in accordance with
FAR 15.804-6(a)(2)).
5352.215-9009 Submission of Certified Cost or Pricing Data.
As prescribed in 5315.804-6(a)
insert the following provision in Section L of solicitations substantially
as written:
(a) It is anticipated that pricing of this action will be based on adequate price competition; therefore, offerors are not required to submit certified cost or pricing data. However, if after receipt of proposals it is determined that adequate price competition does not exist, certified cost or pricing data (see FAR 15.804-4) will be required. Use of a Standard Form 1411 for the submission of the offer and any supporting data is required only if certification is required.
(b) If it is determined that
adequate price competition does not exist, the offeror shall provide
current, complete and accurate cost or pricing data within (-*-
calendar days) after receipt of the contracting officer's request.
(* To be filled in by the contracting officer.)
5352.2159010 Reserved.
AFMCAC 96-3
15 May 1996 52-19
5352.2159011 Amortization of Production Special Tooling and Production Special Test Equipment Costs.
According to 5315.8714
insert the following clause in Section H of solicitations and
contracts:
(a) This clause provides for the amortization of ___% of the agreed price for new or additional Production Special Tooling (PST) and new or additional Production Special Test Equipment (PSTE) for production of (program name) in accordance with DFARS 215.871. This contract provides for direct payment of ___% of the full acquisition price of PST (subCLIN 00YY which describes the ___% for PST) and PSTE (subCLIN 00ZZAA which describes the ___ for PSTE). This clause does not apply to PSTE which is used solely for final production acceptance test (subCLIN 00ZZAB). The word "solely" refers to a particular item or article and not type. The effort acquired under CLIN 00XX constitutes modification and maintenance of previously acquired or fabricated Government titled ST and STE and is not subject to this clause.
(b) The contractor shall fabricate or acquire sufficient PST and PSTE to produce and test (end product) at a production rate of (X number) per (time measurement) in accordance with specifications, statement of work, and other terms and conditions of this contract. (PST is listed on Attachment (X) and PSTE on Attachment (Y). The contractor agrees that ___% of the price not directly paid for under this contract will not be included in the price of this contract, or in any request for payment, either directly or indirectly, and except as specifically provided in this clause, shall not be included in the price of any other Government contract, or in any request for payment.
(c) The PST price is the negotiated amount of $______ and the PSTE price is the negotiated amount of $______. The amount of $______ for subCLIN 00YY represents ___% of the PST price which the Government will pay under this contract. The amount of $______ for subCLIN 00ZZAA represents the ___% of the PSTE price the Government will pay under this contract.
(d) The remaining ___% of both
the PST and PSTE price to the Government, listed above, will be
amortized, subject to other conditions described below, over the
next ______ fiscal year buys (___% each) as follows:
Annual
Year FY Lot (if appropriate) Amortization Allocation
2 $
3 $
and so forth
Reimbursement of the annual amortization of the PST and PSTE shall be accomplished by including a CLIN in each of the followon production contracts (or options) to permit the contractor to recover the amounts authorized by this clause to be amortized in that particular fiscal buy.
(e) Nothing in this clause shall be construed as altering the applicability of the Progress Payments Clause as to the PST or PSTE (including, but not
limited to, portions of clause which address title to the relevant property.) The "Special Tooling" clause, FAR 52.24517, shall apply to the PST and the
AFMCAC 96-3
15 May 1996 52-20
"Special Test Equipment" clause, FAR 52.24518 shall apply to the PSTE except where the terms of this clause is inconsistent with the FAR clauses. The
aspects of the Special Tooling clause covering disposition and the vesting of title shall apply to the PSTE. The discussion of specific FAR general provisions shall not infer the nonapplicability of any other applicable clauses.
(f) When future awards of (program name) production contracts are contemplated, but: (1) the ongoing contract(s) is terminated for convenience of the Government; (2) an option covering the subsequent fiscal year is not exercised, or (3) the contractor fails to receive a competitively awarded production contract in the subsequent year; the schedule of annual amortization allocations (para (d) above) will be amended by adding the unpaid portion of the current year annual allocation to the next year's amortization allocation. If, in the final year of the amortization schedule (or earlier if the program is cancelled), the contract is terminated for convenience, an option for production of (program name) is not exercised, the contractor fails to receive a followon competitive production award, or the program is cancelled, the Government shall, subject to availability of funds, pay any unpaid balance of the annual amortization PST and PSTE allocation. An appropriate (program name) production contract will be modified to add a CLIN
for payment of the amount; subject to the limitation that the contractor shall not be entitled to the above described unpaid balance where the termination, nonexercise of an option, nonaward of a followon contract, or program cancellation, reflects contractor failure to perform. "Failure of the contractor to perform" shall include a finding of nonresponsibility, a decision to either terminate (program name) contract, or to cancel the program, except where any action arises from causes beyond the fault or negligence of the contractor as stated in FAR 52.2498(c), Default. Provided any finding of nonresponsibility based upon the contractor debarment or suspension shall conclusively be presumed not to be beyond the Contractor's fault or negligence. In Termination for Default the respective rights of the contractor and the Government to possession, title, and payment shall be determined in accordance with the Default clause. Regardless of the clause, the Government reserves the right to fully pay the unamortized amount in order to vest title in itself of all the PST and PSTE.
(g) Where: (1) the Government's title is not fully vested to all the PST and PSTE; (2) the contractor is not entitled to be compensated for the remaining unamortized amount; and (3) the Government does not wish to pay the unamortized amount to vest title in itself of all the PST and PSTE; the Government and contractor shall equitably divide the PST and PSTE in relation to the fractional share of title held by each. Contractor and Government failure to reach agreement regarding this division shall be a dispute according to the Disputes clause. The contracting officer shall have the unilateral right to order a reasonable property division and exercise any of the Government's disposition options under the Special Tooling clause.
(h) The Government will, within three months after any of the situations in paragraph (f) or (g) above occur, or within ten days after receipt of
contractor requests for such notification (whichever occurs later), notify the contractor of its intent.
(i) Any allowance for Facilities Capital Cost of Money (FCCOM) on the unamortized portion of the PST/PSTE included in the negotiated price of this
AFMCAC 96-3
15 May 1996 52-21
contract must be allocated directly to the contract. In no event shall the unamortized portion of the PST/PSTE be included in the contractor asset base for calculating companywide indirect FCCOM factors.
(j) Any profit due to the contractor for this PST and PSTE acquisition is included in the negotiated PST and PSTE amount in paragraph (c). The inclusion of a CLIN in subsequent (program name) contracts for payment of unamortized PST and PSTE amounts does not authorize inclusion of the amount for profit calculation purposes. No additional profit shall be generated by including the amortization allocations in followon contracts (or options).
(k) Contracts between the parties
for (production Lot #, if appropriate) shall contain provisions
to effect and preserve their rights.
5352.2159012 Notice of Work Measurement System.
As prescribed at 5315.8723(a),
insert the following provision in Section L of solicitations incorporating
requirements for MIL-STD-1567A:
(a) It is contemplated that a Work Measurement System in accordance with MILSTD1567A will be a requirement of any resultant contract. The offeror must submit with the offer a description of how the firm's Work Measurement System or plan for compliance meets the requirements of MILSTD1567A.
(b) If this solicitation is for a requirement which is a followon to a previous contract, the offeror must identify:
(1) The contractor document prepared to implement the MILSTD as a contractor management system. Provide the date and identify the Government organization that approved the document.
(2) The status of implementation of the MILSTD, including the status of standards application to the product/program covered by this solicitation.
(3) Contractual modifications to the MILSTD as implemented.
(4) The contract/program that initially made the MILSTD a contractual requirement.
(5) The extent to which the standard is applied to the current program/acquisition and supporting rational for any changes.
(6) A timephased plan
for the development and application of touch labor standards.
5352.215-9013 Work Measurement System.
As prescribed in 5315.872-3(a),
insert the following clause in Section H:
(a) The Contractor shall establish, maintain, and use in the performance of the contract, a work measurement system meeting the criteria of DoD MIL-STD-1567A, Work Measurement. The Contractor shall demonstrate the use of an acceptable technique to identify and quantify the elements of the realization factors. This activity is necessary to support realization factors used in
AFMCAC 96-3
15 May 1996 52-22
cost proposals and in day-to-day management of the touch labor work force. If the Contractor does not have a previously accepted work measurement system, compliance with the requirements of DoD MIL-STD-1567A, as presented in the Contractor's phasing plan, will be mutually agreed upon between the Contractor and the buying activity. As a part of the acceptance procedure, the Contractor shall make available to the Government a description of the work measurement system applicable to this contract in such form and detail as indicated in DoD MIL-STD-1567A or as mutually agreed to by the Government and the Contractor. The audit of the Contractor's work measurement system will ensure compliance with DoD MIL-STD-1567A.
(b) The Contractor shall incorporate DoD MIL-STD-1567A in each subcontract which meets the criteria set forth in DoD MIL-STD-1567A. The Contractor shall incorporate in the subcontract, adequate provisions for demonstrations,
review, acceptance, and surveillance of the subcontractor's system. The assessment for subcontractor compliance to the requirements of DoD MIL-STD-1567A will be the responsibility of the Contractor unless otherwise mutually agreed to between the Government and the Contractor. Documented evidence of compliance by the subcontractor will be made available to the Government upon request.
(c) In lieu of demonstration and review described above, the Contractor may substitute evidence of the following: Current Government acceptance of the Contractor's work measurement system, a time-phased implementation plan that has been mutually agreed to by the Contractor and another Government buying activity for the same items and for which there has been demonstrated compliance, or a corrective action plan approved and negotiated with the cognizant Contract Administration Office.
(d) Maintenance of a work measurement
system in compliance with DoD MIL-STD-1567A constitutes a "material
requirement of the contract" within the meaning of paragraph
(c)(1) of FAR 52.232-16 Progress Payments clauses.
5352.215-9014 Acquisition Ombudsman.
As prescribed at 5315.1101(e),
insert a provision, substantially as follows, in Section L of
solicitations when the Ombudsman statement is not included elsewhere
in the Request for Proposal.
ACQUISITION OMBUDSMAN (FEB 1996)
An Ombudsman has been appointed
to hear concerns from offerors and potential offerors during the
proposal development phase of this acquisition. The purpose of
the Ombudsman is not to diminish the authority of the program
director or contracting officer, but to communicate contractor
concerns, issues, disagreements, and recommendations to the appropriate
government personnel. When requested, the Ombudsman will maintain
strict confidentiality AFMCAC 96-3 15
May 1996 52-23
as to the source of the concern.
The Ombudsman does not participate in the evaluation of proposals
or in the source selection process. Interested parties are invited
to call (Ombudsman's Name) at Ombudsman's Telephone
Number). The Ombudsman should only be contacted with issues
or problems that have been previously brought to the attention
of the contracting officer and could not be satisfactorily resolved
at that level.
(End of Provision)
5352.215-9015 Standard Form 1412 Contract Pricing Proposals.
As prescribed at 5315.804-3(e),
insert the following provision in Section L of solicitations:
A Standard Form 1412, Claim
for Exemption from Submission of Certified Cost or Pricing Data,
must be completed in accordance with FAR 15.804-3(e) if the offeror's
proposed price is based upon an established catalog or market
price or a price set by law or regulation.
5352.215-9016 Start-Up Amortization
As prescribed by 5315.804-6(f),
insert the following clause in Section I of solicitatations and
contracts:
(a) The contractor agrees the total pre-production and start-up costs incident to this contract were either included in the prices quoted or were proposed to be absorbed by the contractor as envisioned by FAR 15.804-6(f).
No pre-production or start-up costs incident to this contract will be charged to the Government in any future non-competitive procurement.
(b) The contractor shall include
a clause substantially the same as this clause in any subcontract
involving significant pre-production or start-up costs.
5352.215-9017. Engineering data
As prescribed at 5315.407-(90)(d),
insert the following solicitation provision in Section L:
(a) In the event that the offeror proposes an alternate part number to the government's requirement in the contract schedule, the offeror shall provide a copy of the product drawings with their offer. If the government awards a contract for the proposed alternate part, the drawings furnished with the proposal will be retained by the government and used only as authorized by DFARS 252.227-7015, Technical Data-Commercial Items. In the event that the
AFMCAC 96-3
15 May 1996 52-24
government does not accept the alternate part number, the drawings provided with the proposal shall be returned to the offeror. The government does not intend to pay for the drawings provided with the proposal. In the event that the government desires to procure the drawings for use in repair or reprocurement, a line item may be added to the instant contract or a separate contract for the data may be awarded.
(b) The offeror is solely responsible for determining that the proposed part is equal to and interchangeable with the part originally required in the schedule. The government's review of the data furnished for the purposes described above does not constitute agreement that the proposed part is equal to or interchangeable with the part originally required. By submission of its offer, the offeror warrants such alternate part to be equal to and completely interchangeable with the part originally required. In the event that the alternate part is not equal to and completely interchangeable with the part originally required, the items shall be returned to the offeror for replacement with the originally required part at no cost to the government. In addition, the offeror shall be liable for any shipping costs associated with return and replacement of the items as well as any additional inspection and acceptance costs to the government for the
replacement items.
5352.215-9018 Step Two of Two-Step Request for Proposal.
As prescribed at 5315.609(d),
insert the following provision, substantially as written, using
"cost" or "price" proposal as is appropriate,
in Section L of solicitations:
(a) This request for cost/price proposal is issued to initiate step two of a Two-Step Request for Proposal.
(b) The only cost/price proposals that the contracting officer may consider for award are those received from offerors that have submitted acceptable technical proposals in step one of this acquisition under (fill in solicitation number).
(c) Any offeror that has submitted
multiple technical proposals in step one of this acquisition may
submit a separate cost/price proposal for each technical proposal
that was determined to be acceptable by the government. The offeror
shall identify on the cost proposal which technical proposal it
applies to.
(End of Provision)
AFMCAC 96-3
15 May 1996 52-25
5352.215-9019 Intent to Incorporate Contractor's Technical Proposal
As prescribed at 5315.614-90(b),
insert the following provision in Section L of solicitation:
INTENT TO INCORPORATE CONTRACTOR'S
TECHNICAL PROPOSAL (DEC 1995)
(a) All or part of the successful offeror's technical proposal may be incorporated in any contract resulting from this solicitation. The successful offeror's technical proposal may be incorporated by reference. Nothing contained in the successful offeror's technical proposal shall constitute a waiver to any other requirement of the contract. In the event of any conflict between the successful offeror's technical proposal and any other requirement of the contract, the conflict shall be resolved in accordance with the Order of Precedence clause. For purposes of the Order of Precedence clause the successful offeror's technical proposal shall rank (PCO shall insert rank order).
(b) The successful offeror
will provide an updated technical proposal which reflects the
results/responses to all discussions, Clarification Requests (CRs),
and/or Deficiency Reports (DRs), issued during the negotiation
process for incorporation in the contract. If, after contract
award, it is discovered that changes made during negotiations
were not incorporated in the SOW and/or technical proposal, such
changes to the contractor's documents shall be considered administrative
in nature and shall be made by unilateral modification to the
contract, at no change in contract cost or price or other terms
and conditions.
5352.215-9020 Incorporation of Contractor's Technical Proposal
As prescribed at 5315.614-90(a),
insert the following clause in Section I of solicitations and
contracts:
INCORPORATION OF CONTRACTOR'S
TECHNICAL PROPOSAL (DEC 1995)
(a) The following documents
are incorporated herein by reference and made a part of this contract:
Paragraph Nos. _____ through _____
of Contractor's Technical Proposal (or appropriate document(s)
name) Version No. _________, dated _________, entitled _____________.
(b) Nothing contained in the contractor's technical proposal shall constitute a waiver to any other requirement of this contract. In the event of any conflict between the contractor's technical proposal and any other requirement of the contract, the conflict shall be resolved in accordance with the Order of Precedence clause. For purposes of the Order of Precedence clause the document(s) listed above shall rank (PCO shall insert rank order).
(c) The detailed technical content of the contractor's proposal was an important factor in the selection of the contractor for award of this contract. The documents listed above are now contractually binding. The
AFMCAC 96-3
15 May 1996 52-26
contractor shall not change or otherwise deviate from the content of these documents without prior written approval from the contracting officer.
(d) If it is necessary to change the performance, design, configuration, or other items specified in the technical proposal in order to comply with the requirements of the contract clauses, special contract requirements, or statement of work, the contract shall be modified appropriately.
(e) The contractor agrees that
the documents listed above will reflect the results/responses
to all discussions, Clarification Requests, (CRs), and/or Deficiency
Reports issued during the negotiation process. If, after contract
award, it is discovered that changes made during negotiations
were not incorporated in the SOW and/or technical proposal, such
changes to the contractor's documents shall be considered administrative
in nature and shall be made by unilateral modification to the
contract, at no change in contract cost or price or other terms
and conditions.
5352.215-9021 Replacement Items.
As prescribed at 5315.407(90)(d)
insert the following clause in Section B of solicitation and contracts:
In the event that alternate part_____
is not equal to and completely interchangeable with part _____
originally required in the solicitation, the items shall be returned
to the offeror for replacement with the originally required part
at no cost to the government. In addition, the contractor shall
be liable for any shipping costs associated with return and replacement
of the items as well as any additional inspection and acceptance
costs to the government for the replacement items. Drawings retained
by the Government associated with the alternate part number(s)
will be used only as authorized by DFARS 252.227-7015, Technical
Data-Commercial Items.
5352.215-9022 Proposal Samples.
As prescribed at 5315.407(91)(a),
insert the following provision substantially as written in Section
L of requests for proposals, if proposal samples are required:
(a) "Proposal samples" are item sample submissions required of offerors to show those characteristics of the offered products that cannot adequately be described by specifications or purchase descriptions (e.g., balance, facility of use, or pattern).
(b) Proposal samples, required elsewhere in this solicitation, must be furnished as part of the offer and must be received by the time specified for receipt of proposals. Failure to furnish samples on time may require
AFMCAC 96-3
15 May 1996 52-27
rejection of the offer in accordance with the late submissions, modifications, and withdrawals of proposals provision of this solicitation.
(c) Proposal samples will be tested or evaluated to determine compliance with all the characteristics listed for examination in this solicitation. Failure of these samples to conform to the required characteristics may render an offer unacceptable. Products delivered under any resultant contract must conform to (1) the approved sample for the characteristics listed for test or evaluation and (2) the specifications for all other characteristics.
(d) Unless otherwise specified
in the solicitation, proposal samples shall be submitted at no
expense to the government and returned at the offeror's request
and expense, unless they are destroyed during preaward testing.
Alternate I (FEB 1996).
As prescribed at 5315.407(91)(2), insert the following paragraph:
(e) At the discretion of the
contracting officer, the requirement for furnishing proposal samples
may be waived for an offeror if (1) the offeror states that the
offered product is the same as a product offered by the offeror
to the __ (enter designated contracting office/activity) and
(2) the contracting officer determines that the previously offered
product was accepted or tested and found to comply with specifications
and other requirements for technical acceptability conforming
in every material respect with those in this solicitation.
Alternate II (FEB 1996).
As prescribed at 5315.407(91)(3), insert the following paragraph:
(e) At the discretion of the
contracting officer, the requirement for furnishing proposal samples
may be waived for an offeror if (1) the offer states that the
offered product is the same as a product offered by the offeror
to the __ (enter designated contracting office/activity) on a
previous acquisition and (2) the contracting officer determines
that the previously offered product was accepted or tested and
found to comply with specifications and other requirements for
technical acceptability conforming in every material respect with
those of this solicitation and (3) the product offered under this
solicitation will be produced under a resulting contract at the
same plant in which the previously acquired or tested product
was produced.
AFMCAC 96-3
15 May 1996 52-28
5352.215-9023 Evaluation of Proposals Submitted When Qualification Requirements Do Not Exist.
As prescribed at 5315.406-5(b)(92)(i),
insert the following provision in Section L of solicitations:
(a) Either a complete and adequate data package is not available to be provided as a part of this solicitation, or special materials, facilities, tooling, or test equipment which may be required for performance are not available from the Government. Offers from firms not previously identified as sources for this requirement will only be considered when it can be determined prior to award that the item or services being offered will meet the government's requirements.
(b) Offers from firms other than those previously identified and listed below must submit with their proposal the following (as applicable):
(1) Proof that you have previously provided, or are currently providing, the same or similar item to DoD or to an OEM. This can be a list of present or past government contract numbers, with award dates, and Material Inspection and Receiving Report (DD Form 250).
(2) A complete set of drawings.
(3) Brochures describing your company's capabilities, with a facilities list showing plant equipment, machinery, special tooling, fixtures, etc.
(4) Identification of your subvendors and processes they will perform.
(c) The following previously
identified source(s) need not comply with paragraph (b) above:
NAME OF KNOWN SOURCE(s)
CAGE CODE
______________________________________ ___________
______________________________________ ___________
______________________________________ ___________
______________________________________
___________
Alternate I (FEB 1996).
As prescribed in 5315.406-5(b)(92)(ii), substitute paragraph
(b) below for paragraph (b) of the basic provision clause when
soliciting repair and overhaul services.
(b) Offers from firms other than those previously identified and listed below must submit with their proposal the following (as applicable):
(1) Evidence of capability (i.e., brochures, company experience, technical information, FAA certification, purchase information, purchase orders or contracts).
(2) Facilities description.
(3) Support and test equipment availability.
(4) Kits and piece parts availability.
(5) Description of your Quality Program.
AFMCAC 96-3
15 May 1996 52-29
5352.2169000 Economic Price Adjustment (EPA).
As prescribed at 5316.2034(d)(2),
the following is a sample clause that may be inserted in Section
H of solicitations and contracts. This clause is not mandatory.
Use as a guide to develop a clause for a specific acquisition.
Word EPA clauses to accommodate adjustments for FFP or FPIF contracts.
(a) The contract target cost, target price and ceiling price are adjusted annually for abnormal changes in the national economy. Adjustments are based upon the formula specified in paragraph (f) of this clause and the computation worksheet at the end of this clause. Adjustments may be downward or upward.
(b) The economic adjustment
amount determined under this clause applies only to specific costs
of the indicated CLIN prices. Those specified costs subject to
adjustment for each adjustment period are shown below:
CLIN OOOX
CATEGORY YEAR 1 YEAR 2 YEAR 3 .... .YEAR X
(To be proposed by the Contractor)
Labor & Related
Overheads $ $ $ $
Material & Related
Overheads $
$ $ $
(c) For the purposes of this clause only, exclude the following elements of cost from adjustment:
Profit
Depreciation (fixed capital equipment and buildings)
Cost of money
Royalties
Leases
Fixed Price subcontracts which do not have EPA clauses
(d) Bureau of Labor Statistics (BLS) indices are used as the standard of measurement for this clause.
(1) The labor index used for this clause is as follows:
(2) The material index used for this clause is as follows:
(3) All indices are average annual indices by calendar year. Calculate annual average indices by summing the 12 monthly indices for the calendar year and dividing that sum by 12.
(e) For the purposes of calculating
the adjustments required by this clause, the projected average
index rates apply:
PERFORMANCE PROJECTED PROJECTED
PERIOD MATERIAL
INDEX RATE LABOR INDEX RATE
CY19XX TBN TBN
CY19XX TBN TBN
CY19XX TBN TBN
AFMCAC 96-3
15 May 1996 52-30
(f) Determine the economic price adjustment as follows:
(1) Subtract the forecasted 12month average index rate for labor from the actual 12month average index rate using the same calendar year for both. Divide the difference by the projected 12month average index rate. Then subtract the forecasted 12month average index rate for material from the actual 12month average index rate using the same calendar year for both. Divide the difference by the projected 12month average index rate. Multiply by 100 the labor and material quotient to obtain the percentage change in the labor and material indices. If the difference is greater than plus or minus 2.0%, calculate the adjustment as described in the following paragraphs. If the sum is less than 2.0%, no adjustment is made.
(2) If an adjustment is to be made, apply the following steps in the computation worksheet.
(g) Required economic price adjustments for the contract line items in paragraph (b) may be proposed by the contractor or government not later than 30 days after publication of the last nonpreliminary BLS index for the affected calendar year. Issue a contract modification to make the necessary changes in contract target cost, target price, and ceiling price to reflect the adjustment determined above. Issue the contract modification within 30 days from agreement on the adjustment.
(h) In the event the BLS discontinues or suspends publication of an index (paragraph (d)), the parties shall agree upon an appropriate substitute for the discontinued index for use under this clause. In the event the BLS significantly alters the method of calculating the indices, appropriate adjustment shall be made by the parties to put the contract on a comparable basis with the indices calculated before the change or an agreed to appropriate substitute index. If the parties cannot agree to a substitute or comparable index, the contracting officer shall unilaterally determine an appropriate index within ___ days after an index has been discontinued or altered in method of calculation.
(i) For the purpose of computing adjustments required by this EPA clause, adjust only the initial target prices for the CLINs in paragraph (b). There will be no changes to the CLIN prices in paragraph (b) after contract award.
(j) If this contract is terminated in whole, prior to termination, the contracting officer shall make a price adjustment under this clause for any partial computation period. If the contract is terminated in part, the parties shall agree to equitable adjustments to the costs specified in paragraph (b).
(k) Use the following criteria for making calculations under this clause, round:
(1) decimals to 3 decimal places;
(2) dollar calculations to the nearest whole dollar;
(3) up numbers equal to or greater than 5;
(4) down numbers less than or equal to 4.
(l) Any dispute arising under this clause shall be determined according to the provisions of the "Disputes" clause of this contract.
AFMCAC 96-3 15 May 1996 52-31
(m) Computation worksheet:
Example
Formula Result
(1) Forecast labor index
rate 14.00
(2) Actual labor index rate
14.50
(3) Rate delta (2) minus
(1) .50
(4) Labor adjustment factor
(3) divided by (1) .036
(5) Estimated labor cost
from paragraph (4) $200,000.00
(6) Labor cost adjustment
(4) multiplied by (5) $7,200.00
(7) Forecast material index
318.2
(8) Actual material index
rate 329.8
(9) Material delta (8) minus
(7) 11.6
(10) Material adjustment
factor (9) divided by (7) .036
(11) Estimated material cost
from para (b) $100,000.00
(12) Material adjustment
(11) multiplied by (10) $3,600.00
(End
of Clause)
5352.216-9001 Payment of Fee
Pursuant to 5316.307(b), insert
the following clause in Section B of solicitations and contracts
substantially as written. The contracting officer may modify
the clause to include the appropriate type(s) of fee and other
information such as maximum and minimum fee or share ratios.
The estimated cost and fee for
this contract are shown below. The applicable fixed fee or target
fee set forth below may be increased or decreased only
by negotiation and modification of the contract for added or deleted
work. As determined by the contracting officer, it shall be paid
as it accrues, in regular installments based upon the percentage
of completion of work (or the expiration of the agreed-upon period(s)
for term contracts).
Estimated Cost $ _______________
__________ Fee $ _______________
(Insert Target or Fixed Fee)
AFMCAC 96-3
15 May 1996 52-32
5352.2169002 Award fee.
As prescribed in 5316.405(90),
insert the following clause in Section H of solicitations and
contracts using award fee substantially as written:
In addition to the profit/fee set forth elsewhere in the contract, the contractor may earn a total award fee amount of up to __________________ (insert dollar amount) on the basis of performance during the evaluation periods.
(a) Monitoring of Performance. The contractor's performance will be continually monitored by the performance monitors whose findings are reported to the Award Fee Review Board (AFRB). The AFRB recommends an award fee to the
Fee Determining Official (FDO) who makes the final decision of the award fee amount paid based on the contractor's performance during the award fee evaluation period.
(b) Award Fee Plan. This plan provides the information set forth in AFMCFARS 5316.4042(b)(90)(1). The evaluation criteria and associated grades are specified in the award fee plan. The evaluation periods with the associated award fee pool amounts and performance criteria with associated percentages of available award fee are also specified in the award fee plan. Upon contract award, the contractor will be provided the FDO-approved award fee plan.
(c) Modification of Award Fee Plan. Unilateral changes may be made to the award fee plan if the contractor is provided written notification by the Contracting Officer (CO) before the start of the upcoming evaluation period. Changes affecting the current evaluation period must be by bilateral agreement.
(d) SelfEvaluation. The contractor may submit to the Contracting Officer (CO) within five (5) working days after the end of each award fee evaluation period, a brief written selfevaluation of its performance for that period. This self-evaluation shall not exceed ______ [insert number of pages] pages. This self-evaluation will be used in the AFRB's evaluation of the contractor's performance during this period.
(e) Disputes. All FDO decisions regarding the award fee, including but not limited to, the amount of the award fee, if any; the methodology used to calculate the award fee, the calculation of the award fee, the contractor's entitlement to the award fee, and the nature and success of the contractor's performance, shall not be subject to the "Disputes" clause nor reviewed by any Board of Contract Appeal (BCA), court, or other judicial entity.
(f) Award Fee Payment.
(1) Award fee is not subject to the allowable cost, and payment or termination clauses of this contract.
(2) The contractor may bill
for the award fee immediately upon receipt of the contract modification
authorizing its payment.
AFMCAC 96-3
15 May 1996 52-33
5352.2169003 Prior Instrument Superseded.
As prescribed at 5316.6034(b),
insert the following clause in Section I tailored to the individual
situation:
This is the definitive contract (or modification) contemplated by Letter Contract dated __________ and designated Contract No _________________ and supersedes said Letter Contract.
The provisions of this definitive document constitute a full settlement of all claims arising under the provisions of the referenced instruments, except for __________. Any costs incurred or payments made will be considered to have been made under this definitive instrument.
5352.2169004 Authority to Issue Orders.
As prescribed at 5316.70390, insert the following clause in Section I of solicitations and contracts:
(Insert either All or Only)
Procuring Contracting Officers (PCOs) within the (Insert either
DOD, Air Force, or AFMC) are authorized to issue orders hereunder.
(Applicable to all orders issued hereunder)
5352.2169005 Types of Orders.
As prescribed at 5316.70390,
insert the following clause in Section I of solicitations and
contracts:
(Insert either Only Priced or Priced and Unpriced) Orders may be issued under this Agreement in accordance with the following:
(a) Priced Orders. Priced orders will be issued whenever the parties have agreed upon all the terms of the order before issuance. These orders may be unilaterally issued by the Government where the Contractor's offer is accepted by the Government precisely as offered or a negotiated settlement has been reached. Where the use of a bilateral document appears advisable as in the case where there have been lengthy negotiations and the exchange of numerous letters, both parties should sign the order instead of following the unilateral procedure. Priced orders shall describe the supplies and services being ordered, prices therefor, delivery schedule, place of inspection and acceptance, preservation, packaging and marking requirement, designation of appropriations chargeable, together with such other specifics not covered in this BOA which are required to complete the order. The terms of orders so issued shall be complete and shall be binding obligations of the parties.
AFMCAC 96-3
15 May 1996 52-34
(b) Unpriced Orders. Unpriced Orders are those issued before agreement upon the price and delivery schedule for the supplies or services so ordered. Unpriced Orders will contain information similar to that noted in paragraph (a) above with the exception of firm prices and delivery schedules.
(c) The information set forth in paragraph (b) above shall not apply unless the issuance of unpriced orders is authorized herein.
(Applicable to all orders issued
hereunder)
5352.2169006 Procedures for Issuing Orders.
As prescribed at 5316.70390, insert the following clause in Section I of solicitations and contracts:
The parties agree that orders issued under this BOA shall become binding contracts when:
(a) issued by the Procuring Contracting Officer in acceptance of a Contractor's written offer;
(b) the order is based on the Contractor's established commercial catalog, price list, schedule, or other form that is regularly maintained by the Contractor for the use of, and inspection by, customers;
(c) the Procuring Contracting Officer issues a unilateral order and the Contractor fails to reject, in writing, the order within ___ calendar days following the issuance of the order; or
(d) the Contractor indicates his acceptance of the order by letter, telegraph, or signature on the contractual ordering form issued by the Procuring Contracting Officer.
5352.2169007 Procedures for Pricing Unpriced Orders.
As prescribed at 5316.70390,
insert the following clause in Section I of those BOAs where unpriced
orders will be issued:
(a) Within 45 calendar days from the issue date of an unpriced order, the Contractor shall prepare and submit to the Procuring Contracting Officer and the Administrative Contracting Officer a proposed priced modification to the order, numbered the same as the order to which it pertains with the proposed unit and total prices and the delivery schedule covering the items shown thereon (see attached sample format). Prepare a reproducible original and at least five copies. Three copies shall be signed by a person who has been authorized to bind the Contractor. Forward three copies (2 signed including the reproducible original) to the Procuring Contracting Officer, and three copies (1 signed) to the Administrative Contracting Officer. If the proposed price modification is accepted by the Procuring Contracting Officer, he/she shall prepare a unilateral Standard Form 30 AMENDMENT OF SOLICITATION/
AFMCAC 96-3
15 May 1996 52-35
MODIFICATION OF CONTRACT containing all necessary administrative data and include under block 14 the following, or a comparable statement:
"Contractor's offer of ____________(date) as set forth in Attachment A, attached hereto, is hereby accepted and the order amended accordingly."
Upon distribution of the Standard Form 30, it will become a firm and binding obligation of the parties. The distribution date will be before:
(1) 150 days from the issue date of the unpriced order,
(2) completion of forty percent (40%) of the production of supplies, or
(3) completion of forty percent (40%) of the performance of work called for under the contract, whichever occurs first.
(b) If the proposed priced modification to the order so submitted is not acceptable to the Procuring Contracting Officer, the parties shall enter into negotiations for the purposes of agreeing to fair and reasonable prices and satisfactory delivery schedules. Upon reaching agreement, the Procuring Contracting Officer shall either:
(1) prepare a Standard Form 30 setting forth the agreed prices, delivery schedules and other terms which will be bilaterally executed by the parties; or
(2) request the Contractor to submit a final priced modification setting forth agreed prices, delivery schedules and other terms for acceptance by the issuance of a unilateral Standard Form 30 prepared in accordance with the provisions of paragraph (a) above.
(c) If the parties fail to
reach an agreement the failure to agree shall be deemed to be
a disagreement as to a question of fact, and shall be disposed
of in accordance with the clause hereof entitled "Disputes."
Pending settlement of such dispute, the Procuring Contracting
Officer shall establish prices and delivery schedules determined
to be fair and reasonable, and shall set forth same in a priced
modification to the order indicating thereon that such prices
are billing prices pending the outcome of a dispute. Such
billing prices shall be paid upon all deliveries accepted by the
Government pending final decision of the dispute.
5352.2169008 Obligations of Contractor Under Unpriced Orders.
As prescribed at 5316.70390,
insert the following clause in Section I of those BOAs where unpriced
orders will be issued:
Upon receipt of an unpriced order, the Contractor shall proceed to comply therewith to the extent he has the capacity and facilities to do so. However, the Contractor shall:
(a) promptly notify the Procuring Contracting Officer, through the Administrative Contracting Officer, of any reason why he cannot furnish the supplies or services desired, in accordance with the required delivery schedule,
(b) identify any obsolete item ordered and withhold production of same,
(c) recommend superseding or interchangeable parts,
AFMCAC 96-3
15 May 1996 52-36
(d) report any errors in stock number or other discrepancies in the order.
Upon receipt of the foregoing
information, the parties shall negotiate to modify the order as
deemed necessary.
5352.2169009 Term of Agreement.
As prescribed at 5316.70390,
insert the following clause in Section I of solicitations and
contracts:
(a) Orders may be issued hereunder for a period of (contracting officer to insert period of time nottoexceed three years),
beginning on the effective date shown on the cover page of this Basic Ordering Agreement, provided however, this agreement shall be reviewed, as a minimum, annually before the anniversary of its effective date, and revised to conform with all requirements of statutes, Executive Orders, FAR, DFARS, AFFARS or the AFMCFARS.
(b) The Government may unilaterally extend the period for issuance of orders not to exceed one hundred twenty (120) days from the last date for issuance of orders under this BOA. Such extension shall be accomplished by an amendment (SF30) hereto no later than the last date for issuance of orders under this BOA. In addition, if the ordering period including amendments expires after completion of negotiation, but before distribution of an order, the BOA ordering period is automatically extended through distribution of the order, unless the order is not distributed within ninety (90) days after completion of negotiations, or the Contractor or the Contracting Officer gives written notice that the automatic extension shall not apply.
(c) Orders issued during the effective period of this agreement and not completed within that time shall be completed by the Contractor within the time specified in the order and the rights and obligations of the Contractor and the Government respecting those orders shall be governed by the terms of this BOA to the same extent as if completed during the effective period of this BOA.
(d) The clauses of the BOA shall apply without change to any order issued hereunder, unless the change is mandated by statute or Executive Order whereby the change is effective upon the implementation date of said statute or Executive Order. These mandated changes will apply to all orders issued on or after the effective implementation date of the statute or Executive Order and need not be specifically identified in the order. The basic BOA will be modified as identified in (a) above and will include the effective date of the change implementation.
(e) Additional clauses, not
mandated by statute or Executive Order, shall be incorporated
only by the mutual agreement of the parties of this BOA.
AFMCAC 96-3
15 May 1996 52-37
5352.216-9010 Predetermined Indirect Cost Rates in Effect.
Pursuant to 5316.307(i)(90),
insert the following clause in Section B of solicitations
and contracts when the clause at FAR 52.216-15, Predetermined
Indirect Cost Rates, is used:
The predetermined rate(s) in
effect on the date of this contract are as follows:
INDIRECT COST APPLICABLE
BASE RATE
PERIOD
(Fill in each base, rate and applicable
period in the correct column.)
The following items are treated
as direct charges: (List all items to be treated as direct charges;
e.g., material.)
The following items are changed
from being treated as direct to indirect charges: (List all items
changed from direct to indirect charges.)
5352.216-9011 Offices Authorized to Issue Decentralized Orders.
As prescribed in 5316.505-90,
insert the following clause in Section I in solicitations and
contracts when an indefinite-delivery contract with decentralized
ordering is contemplated.
Only the following contracting
offices are authorized to place decentralized orders against this
indefinite-delivery contract to the aggregate order ceiling shown
below.
Contracting Offices
Aggregate Order Ceiling
(Fill in each office) $(Establish
an aggregate ceiling for each office)
AFMCAC 96-3
15 May 1996 52-38
5352.217-9000 Cancellation Ceiling.
As prescribed at 5317.103-2(i),
insert the following clause in Section H of solicitations and
contracts:
For the purpose of the clause
entitled, "Cancellation of Items," the following cancellation
ceilings are established. Cancellation shall occur if the contracting
officer fails to notify the contractor that funds are available
by the respective dates indicated below.
Second Program Year: Cancellation Ceiling -$ Date/Period
Third Program Year: Cancellation Ceiling -$ Date/Period
Fourth Program Year: Cancellation Ceiling -$ Date/Period
Fifth Program year: Cancellation
Ceiling -$ Date/Period
5352.217-9001 Multiyear Solicitation Notice.
As prescribed at 5317.103-2(j),
insert the following provision in Section L of solicitations:
(a) You are cautioned to carefully examine the clauses and provisions enabling the use of multiyear contracting techniques for this acquisition. Your attention is specifically directed to the following key features of this solicitation.
(1) The clause at 52.217-1, "Limitation of Price and Contractor Obligations," which limits the payment obligation to funds provided at the time of contract award and successive program year funding actions.
(2) The clause within Section H which implements clause 52.217-1 and identifies funds available for contract performance. The clause will be completed at the time of contract award.
(3) The clause at 52.217-2, "Cancellation of Items," which permits the Government to cancel, by a specific date or within a specific period, all remaining program years.
(4) The clause within Section H entitled, "Cancellation Ceiling," which establishes cancellation dates and sets forth the cancellation ceiling. In the event the cancellation ceiling is expressed as a percentage, the figure is applicable to the total multiyear price, i.e., the sum of each program year's price.
(b) Other provisions associated
with multiyear contracting are identifiable by use of the word
"multiyear" within the title of that provision. A detailed
explanation of the multiyear contracting technique is contained
within FAR Subpart 17.1.
AFMCAC 96-3
15 May 1996 52-39
5352.217-9002 Submission of Multiyear Prices.
As prescribed at 5317.103-2(b),
insert the following provision in Section L of solicitations:
Offerors may submit a response
priced to cover only the total requirements of the first program
year, or the total multiyear requirements (all program years),
or both. However, refer to the provision entitled, "Reduction
of Multiyear Requirements," within this section and the multiyear
provisions in Section M prior to deciding how to respond.
5352.217-9003 Submission of Multiyear Prices.
As prescribed at 5317.103-2(b)
or 5317.103-2(d), insert the following provision in Section L
of solicitations.
Offerors must submit a response
priced to cover the total multiyear requirement. Submissions
on less than the total multiyear requirement will not be considered
for award and will be declared nonresponsive. In the event that
only one response is received that is both responsive and from
a responsible firm, the Government reserves the right to cancel
the solicitation and resolicit on a single year basis by whatever
procedures are then appropriate.
5352.217-9004 Submission of Multiyear Prices.
As prescribed at 5317.103-2(c),
insert the following provision in Section L of solicitations:
Offerors must submit a response
priced to cover only the total requirements of the first program
year and may submit a response priced to cover the total multiyear
requirement, i.e., all program years. Responses concerning only
the total multiyear requirement will be declared nonresponsive.
In the event only one total multiyear requirement response is
received that is both responsive and from a responsible firm,
the Government reserves the right to disregard that submission
and make award solely on the first program year requirement.
AFMCAC 96-3
15 May 1996 52-40
5352.217-9005 Multiyear Unit Prices.
As prescribed at 5317.103-2(e),
insert the following provision in Section L of solicitations:
Unit prices submitted for each item or service in the total multiyear requirement shall be the same for all program years (level unit price) included.
5352.217-9006 Reduction of Multiyear Requirement.
As prescribed at 5317.103-2(h),
insert the following provision in Section L:
If the Government determines before
award that only the first program year requirements are needed,
the Government may evaluate offers and make award solely on the
basis of offers on that year's requirement. Offers to cover the
total multiyear requirement will not be considered.
5352.217-9007 Minimum Award Under Multiyear Procedure.
As prescribed at 5317.103-2(k),
insert the following provision in Section L:
Consistent with evaluation criteria
established within Section M of this solicitation, award will
not be made on less than the first program year requirements.
5352.217-9008 Multiyear Pricing of Option Items.
As prescribed at 5317.104-3(a),
insert the following provision in Section L of solicitations:
In the event this solicitation
provides for the use of options, option prices submitted shall
not include those nonrecurring costs which are included in the
unit prices of the total multiyear requirement.
AFMCAC 96-3
15 May 1996 52-41
5352.217-9009 Cancellation Ceiling.
As prescribed at 5317.104-4(b)(90)(1),
insert the following clause in Section H of solicitations and
contracts:
(a) For the purpose of the clause entitled, "Cancellation of Items," a cancellation ceiling of $__________ is established for this multiyear acquisition.
(b) In the event of cancellation, the amount of cancellation charges payable shall be determined on the basis of the ratio between the total quantity ordered at the time of cancellation and the aggregate best estimated quantity of the multiyear contract.
(c) The following dates or
time periods are established for the contracting officer to advise
of the availability or nonavailability of funds and any anticipated
significant changes in the Best Estimated Quantity (BEQ) for the
succeeding program year(s):
Second Year BEQ
Third Year BEQ
Fourth Year BEQ
Fifth Year BEQ
5352.217-9010 Multiyear Order Prices.
As prescribed at 5317.104-4(b)(90)(2),
insert the following clause in Section L of solicitations:
If quantities are ordered under
the resulting multiyear contract which are greater than the program
year's Best Estimated Quantity (BEQ), but which do not exceed
the multiyear aggregate BEQ, they will be priced inclusive of
nonrecurring cost.
5352.217-9011 Multiyear Solicitation Notice.
As prescribed at 5317.104-4(b)(90)(3),
insert the following provision in Section L of solicitations:
(a) You are cautioned to carefully examine the clauses and provisions enabling the use of multiyear modified requirements contracting techniques for this acquisition. Your attention is specifically directed to the following key features of this solicitation:
(1) The clause at FAR 52.217-1, Limitation of Price and Contractor Obligations, which limits the payment obligation under this acquisition to funds applied to support contract performance.
AFMCAC 96-3
15 May 1996 52-42
(2) The clause within Section H which implements clause FAR 52.217-1 which identifies funds available for contract performance.
(3) The clause at FAR 52.217-2, Cancellation of Items, and Alternate I, which permits the Government to cancel this contract by a specific date or within a period of time.
(4) The clause within Section H entitled, Cancellation Ceiling, which establishes cancellation dates and sets forth the cancellation ceiling.
(b) Other provisions associated
with multiyear modified requirements contracting are identified
by use of the word "multiyear" within the title of the
provision. A detailed explanation of the multiyear contracting
technique is contained in FAR Subpart 17.1.
5352.217-9012 Submission of Multiyear Prices.
Ask prescribed at 5317.104-4(b)(90)(4),
insert the following provision in Section L of solicitations:
Offerors may respond to the total requirements of the first program year (see Note 1), or the total multiyear requirement(see Notes 2 and 3), or both. However, refer to the provision entitled, "Minimum Award Under Multiyear Procedure," within this section and the multiyear provisions in Section M prior to deciding how to respond.
Note 1: Offerors will submit a unit price for the first program year requirement, which shall apply to all quantities up to the first program year maximum in the event that a one year requirements contract is awarded. Such a contract will not provide for any cancellation charges.
Note 2: Offerors will submit a single unit price, inclusive of nonrecurring costs, to be entered on the schedule as the Best Estimated Quantity (BEQ) price for each program year. The unit price shall apply to quantities within and up to the aggregate BEQ under multiyear procedures.
Note 3: Offerors will also submit
a single unit price, exclusive of nonrecurring costs amortized
over the aggregate BEQ, applicable only to quantities ordered
in excess of the aggregate BEQ and up to the total multiyear contract
maximum quantity.
AFMCAC 96-3
15 May 1996 52-43
5352.217-9013 Submission of Multiyear Prices.
As prescribed at 5317.104-4(b)(90)(5),
insert the following provision in Section L of solicitations:
(a) Offerors must submit a response priced to cover the total multiyear requirement. Offers on less than the total multiyear requirement will not be considered for award and will be declared nonresponsive. In the event that
only one response is received that is both responsive and from a responsible firm, the Government reserves the right to cancel the solicitation and resolicit on a single year basis by whatever procedures are then appropriate.
(b) Offerors will submit a single unit price, inclusive of nonrecurring costs, to be entered on the schedule as the Best Estimated Quantity (BEQ) price for each program year, applicable to quantities within and up to the aggregate BEQ.
(c) Offerors will also submit
a single unit price, exclusive of nonrecurring costs amortized
over the BEQ, applicable only to quantities ordered in excess
of the aggregate BEQ and up to the total multiyear contract maximum
quantity.
5352.217-9014 Submission of Multiyear Prices.
As prescribed at 5317.104-4(b)(90)(6),
insert the following provision in Section L of solicitations:
Offerors must respond to the total requirements of the first program year (see Note) and may respond to the total multiyear requirement (see Notes 2 and 3). Responses covering only the total multiyear requirement will be declared nonresponsive. In the event only one response covering the total multiyear requirement is received that is both responsive and from a responsible firm, the Government reserves the right to disregard that submission and make award solely on the first program year requirement.
Note 1: Offerors will submit a unit price for the first program year requirement, which shall apply to all quantities up to the first program year maximum in the event that a one year requirements contract is awarded. Such a contract will not provide for any cancellation charges.
Note 2: Offerors will submit a single unit price, inclusive of nonrecurring costs, to be entered on the schedule as the Best Estimated Quantity (BEQ) price for each program year. The unit price shall apply to quantities within and up to the aggregate BEQ under multiyear procedures.
Note 3: Offerors will also submit
a single unit price, exclusive of nonrecurring costs amortized
over the aggregate BEQ, applicable only to quantities ordered
in excess of the aggregate BEQ and up to the total multiyear contract
maximum quantity.
AFMCAC 96-3
15 May 1996 52-44
5352.217-9015 Minimum Award Under Multiyear Procedure.
As prescribed at 5317.104-4(b)(90)(7),
insert the following provision in Section L of solicitations:
Consistent with evaluation criteria established within Section M of this solicitation, award will not be made on less than the requirements of the first program year. In the event the Government determines before award that only the first program year requirements are needed, the Government may
evaluate offers and make award
solely on the basis of responses offered on that year's requirement.
Responses covering the total multiyear requirement will not be
considered in this instance.
5352.217-9016 Government Administrative Cost.
As prescribed at 5317.103-2(m)(90),
insert the following provision in Section M of solicitations:
Determination of lowest evaluated
unit price under this multiyear acquisition will include application
of Government administrative cost to the lowest evaluated offer
on the first program year acquisition. The evaluation figure
represents estimated costs to the Government to pursue separate
acquisitions on an annual basis. An evaluation figure of $__________
will be added to the lowest evaluated annual buy price to reflect
this Government cost. Other factors to be used to determine lowest
overall cost to the Government, e.g., transportation, are cited
elsewhere.
5352.2179017 Demonstration Milestones.
As specified by 5317.208(90)
and 5317.9602, include a clause substantially as follows in Section
H of contracts and solicitations:
(a) In order for the Government to determine whether the contractor is demonstrating satisfactory technical progress on this program, certain milestone events during the performance of this contract are established. These events are identified in paragraph (f) below as demonstration milestones along with associated target completion dates and completion criteria.
(b) The schedule of planned
dates for exercise of the options identified elsewhere in the
contract are predicated on the successful accomplishment of the
demonstration milestones. Before the exercise of any option,
the contracting officer shall determine whether the contractor
has satisfactorily
AFMCAC 96-3
15 May 1996 52-45
completed the required demonstration milestones utilizing the established criteria.
(c) The contracting officer shall notify the contractor if the government determines that the contractor has not satisfactorily accomplished the required demonstration milestones. As a result of this determination, the government shall have the right to delay the option exercise relating to the Demonstration Milestones, until such time as the contracting officer determines that they have been satisfactorily accomplished.
(d) If the option is delayed but later exercised, the contractor may, within 10 days of option exercise, request a revision of the delivery schedule for the affected items or performance date for subsequent affected demonstration milestones. The parties will negotiate a new demonstration milestone performance schedule, a change in the option exercise and delivery schedules for each of the options, and appropriate consideration. These changes shall be incorporated into a contract modification. No increase in (insert the appropriate elements, for example; target cost, price, profit, ceiling price, estimated cost, fixed fee, target fee, award fee and/or other fee) will be made on account of action taken under the provisions of this clause, except to the extent that the delay in accomplishing a milestone is excusable and an equitable adjustment is otherwise provided for by other contract provisions. No equitable adjustment resulting from such excusable delay shall be made under this clause for any performance delay or interruption by any other cause including the fault or negligence of the contractor.
(e) Government action to obligate
funds under the "Limitation of Government's Obligation"
clause or the "Limitation of Funds" Provision shall
not be interpreted to be an acceptance of the work performed by
the contractor prior to such funding. This schedule provision
shall in no way limit the rights of the parties under the "Termination
for the Convenience of the Government" or "Default"
clauses.
(f) Demonstration Milestones Target Date Criteria
(1) ______________________ ___________ ________
(2) ______________________ ___________ ________
(3) ______________________
___________ ________
5352.217-9018 Award of Mission Essential Quantity.
As prescribed at 5317.7590(c),
insert a provision essentially the same as the following in Section
M of the solicitation when use of the Insurance Policy is desired:
(a) The Government has determined that a break in the supply of this item (that is, failure to deliver due to timeliness and/or conformance) would jeopardize support to operational units' mission capability. Additionally, the item is of such complexity and/or so critical that first article testing measures are required for all unproven sources to ensure that the unproven
AFMCAC 96-3
15 May 1996 52-46
source is capable of producing a conforming part. Therefore, the Government reserves the right to award the Mission Essential Quantity (MEQ) and, if necessary, the remaining balance of the requirement, to a proven source. In such event, the proven source must be a responsive, responsible offeror and also be the lowest in price of all proven offerors, price and price related factors considered. Therefore, two Contract Line Items are provided to correspond with each of the two alternatives.
(b) The Government will first determine the apparent successful offeror for the complete quantity under Alternative 1. If offerors are received from both proven and unproven sources and it is determined that an unproven source is the apparent low offeror (and is also responsive and responsible), then the prices under Alternative 2 will be evaluated. Once a decision has been made to progress to Alternative 2, offers under Alternative 1 will no longer be considered (e.g. the contracting officer will not compare the proven source's offer under Alternative 1 and the unproven source's offer under Alternative 2). If only unproven sources submit offers, Alternative 1 will be used to determine the low offeror and award will be made for that quantity.
(c) A proven source is an offeror who has previously satisfactorily provided the identical item to the Government or who proposes to provide an item manufactured by the prime manufacturer or the prime manufacturer's vendor (when there is no value added by the prime manufacturer), or proposes to perform repair/overhaul by a contractor who is the prime manufacturer or
has been approved by the prime manufacturer to perform the required repair/overhaul.
(d) An unproven source is an offeror who has not previously satisfactorily provided the identical item to the Government and who proposes to provide an item manufactured by other than the prime manufacturer or the prime manufacturer's vendor (when there is no value added by the prime manufacturer), or proposes to perform repair/overhaul by a contractor other than the prime manufacturer or a repair/overhaul source approved by the prime manufacturer.
(e) Competitive negotiated acquisition procedures may be used to determine low offeror status if, (1) a proven source is not the low offeror, based on either initial proposals or on best and final offers if discussions are conducted, and (2) if the proven source's price is not determined to be based on adequate price competition pursuant to FAR 15.804-3(b)(3). The contracting officer may proceed with an award to the low unproven source and may request cost or pricing data from the proven source. When received and evaluated, negotiations will follow as necessary to determine fair and reasonable prices.
Under these circumstances, any contract with the proven source would contain the clause at FAR 52.215-22, "Price Reduction For Defective Cost or Pricing Data."
(f) The Government is under
no obligation to exercise any options provided for under these
procedures. Acceptable delivery of the basic award quantity by
an unproven source will not bind the Government to exercise all
or part of the option quantities, or to exercise options in any
contract with the unproven source in lieu of options in any separate
award to a proven source. In addition, the Government reserves
the right to reject, as nonresponsive, any offer in which the
prices proposed in either Alternative 1 or 2 are determined, by
the contracting officer, to be materially unbalanced.
AFMCAC 96-3
15 May 1996 52-47
5352.217-9019 DELETED.
5352.217-9020 DELETED.
5352.217-9021 Provisioning procedures.
As prescribed in 5317.7602-1,
insert the following clause in Section I of all solicitations
and contracts containing provisioning requirements substantially
as written. Specify the activity designated to issue provisioned
items orders, i.e., Contracting Officer, provisioning activity,
or Administrative Contracting Officer.
(a) Provisioning functions to be performed:
(1) Procuring Contracting Officer (PCO) and Administrative Contracting Officer (ACO) responsibilities. The PCO is the only individual authorized to provide redirection of effort, modify or amend any of the terms or conditions of this contract except as stated below. The Provisioning PCO (PPCO) is the only individual authorized to issue Provisioned Item Orders (PIO) under the provisions of this contract. The ACO is the individual authorized to negotiate and issue definitive priced documents under this contract.
(2) The activity designated to issue PIOs is the PPCO at ( Insert complete address/location ). PIOs shall be issued on Standard Form 30, Amendment of Solicitation/Modification of Contract, and shall state the quantities of the specific items being ordered identified by Exhibit Line Item Number (ELIN) and estimated delivery schedule.
(i) For initial spares, the PIO shall obligate sufficient funds to cover the estimated price of the items ordered. The contractor shall proceed as directed to the extent that the cost incurred in compliance with such order(s) shall not exceed the amount set forth in such orders as the maximum obligation of the Government pending establishment of prices for such items. Standard Form 30 shall be used to effect decreases in quantities of unpriced items including cancellations. Increases and decreases in priced items shall be effected by use of a supplemental agreement issued by the ACO and duly executed by both parties.
(ii) For other than initial spares, the PIO shall obligate funds pursuant to the limitations of DFARS 217.7404-4 based on the not-to-exceed (NTE) price of the items ordered. The contractor shall proceed as directed to the extent that the cost incurred in compliance with such order(s) shall not exceed the amount set forth in such orders as the maximum obligation of the Government pending establishment of prices for such items. Standard Form 30 shall be used to effect decreases in quantities of unpriced items including
cancellations. Decreases in priced items shall be effected by use of a supplemental agreement issued by the ACO and duly executed by both parties.
(b) Inclusion of provisioning requirements statement(s):
(1) DD Form 1949-1, "Provisioning Technical Documentation Data Selection Sheet," if listed in Section J of the solicitation/contract, are incorporated herein and made a part hereof.
(2) DD Form 1949-2, "Provisioning Requirements Statement," if listed in Section J of the solicitation/contract, are incorporated herein and made a part hereof.
AFMCAC 96-3
15 May 1996 52-48
(3) AFMC Form 718, "Provisioning Performance Schedule," if listed in Section J of the solicitation/contract, are incorporated herein and made a part hereof.
(4) If any of the above documents are not listed in Section J of the solicitation/contract, the contracting activity shall incorporate those documents by modification within (insert number of days) days after issuance of the contract. Revisions to the above documents shall also be incorporated into the contract by modification.
(c) Provisioning technical documentation:
(1) The schedule for delivery of provisioning technical documentation is included on the DD Form 1423, Contract Data Requirements List. If a schedule is not provided, it will be incorporated by modification when available.
(2) Appropriate provisioning technical documentation requirements shall flowdown when a subcontractor prepares the documentation.
(d) Interim release:
(1) The estimated dollar amount, if any, cited in Section B at the end of the provisioning item description is a planning figure and is intended to establish a limitation solely for the interim release provisions of the applicable provisioning document. Decreases in the planning figure for interim release will be by unilateral contractual modification. Subsequent changes effecting an increase of the dollar limitation will be determined by the estimated dollar amount on PIOs.
(2) Contractor interim release of long lead items shall be authorized only by written order from the PPCO. If authorized, the contractor shall advise the PPCO within thirty (30) days of the release as to the items released, their estimated cost, and the effective date of release.
(e) Definitization schedule:
(1) Within sixty (60) calendar days of receipt of a PIO, the contractor shall submit a firm fixed price proposal to the PCO/PPCO, (as applicable) through the ACO containing suitable cost or pricing data as defined within FAR Subpart 15.8. Pursuant to FAR 42.3, the ACO shall negotiate firm prices and execute a supplemental agreement to definitize PIOs and deobligate excess funds.
(2) Overage proposals/reduction or suspension of progress payments. Submission by the contractor of adequate cost proposals, within sixty (60) calendar days from the date of issuance of the PIO is deemed to be a "material requirement" of the contract within the meaning of the Progress Payment clause of this contract. If the contractor fails to provide a complete definitive proposal adequate for negotiation within the time stipulated above, the Government may reduce or suspend progress payments pursuant to FAR 52.232-16, Progress Payments, paragraph (c)(1), by following the procedures set forth in FAR 32.503-6.
(3) In the event the PIO does not state a delivery schedule, or in the event the contractor is unable to meet the schedule contained in a PIO, prior to definitization, the ACO shall coordinate the delivery schedule adjustment with the PPCO prior to execution of the supplemental agreement definitizing the PIO.
AFMCAC 96-3
15 May 1996 52-49
(f) Distribute one complete copy of the PIOs and the resultant definitive modifications to each of the following addressees:
(1) (Insert complete PCO mailing address)
(2) (Insert complete program manager mailing address)
(3) (Insert complete integrated
logistics support manager) mailing address)
5352.217-9022 RESERVED.
5352.217-9023 RESERVED.
5352.217-9024 RESERVED
5352.217-9025 Associate Contractor Agreements.
As prescribed at 5317.9303(a),
include the following clause in Section I of solicitations substantially
as follows:
(a) The contractor shall enter into associate contractor agreements for any portion of the contract requiring joint participation in the accomplishment of the Government's requirement. The agreement(s) shall include the basis for sharing information, data, technical knowledge, expertise, and/or resources essential to the integration of the (Name of the Program or Project) which will ensure the greatest degree of cooperation for the development of the program to meet the terms of the contract. Associate contractors are listed in (h) below.
(b) Associate contractor agreements will include the following general information:
(1) Identify the associate contractors and their relationships;
(2) Identify the program involved and the relevant government contracts of the associate contractors;
(3) Describe the associate contractor interfaces by general subject matter;
(4) Specify the categories of information to be exchanged or support to be provided;
(5) Include the expiration date (or event) of the ACA;
(6) Identify potential conflicts between relevant government contracts and the ACA; include agreements on protection of proprietary data and restrictions on employees;
(c) A copy of such agreement shall be provided to the contracting officer for approval if required before execution of the document by the cooperating contractors.
(d) Nothing in the foregoing
shall affect compliance with the requirements of the clause entitled
"Organizational Conflict of Interest";
AFMCAC 96-3
15 May 1996 52-50
(e) The contractor is not relieved of any contract requirements or entitled to any adjustments to the contract terms because of a failure to resolve a disagreement with an associate contractor;
(f) Liability for the improper disclosure of any proprietary data contained in or referenced by any agreement shall rest with the parties to the agreement, and not the Government;
(g) All costs associated with the agreements are included in the negotiated cost of this contract. Agreements may be amended as required by the government during the performance of this contract;
(h) The following contractors
are associate contractors with whom agreements are required:
CONTRACTOR
ADDRESS PROGRAM/CONTRACT
5352.219-9000 Submission of Subcontracting Plan.
As prescribed at 5319.705-5(b),
insert the following clause:
Special attention is invited to the clause at FAR 52.219-9, Small Business and small Disadvantaged Business Subcontracting Plan. The Offeror's preliminary Subcontracting Plan_____________________dated_______________, has been
approved and is incorporated herein by reference. The final plan meeting the minimum requirements of FAR 19.704 must be submitted in sufficient time to permit negotiations thereof within 90 days, or before definitization
whichever occurs first.
5352.219-9001 Incorporation of Subcontracting Plan.
As prescribed at 5319.705-5(a),
insert the following clause:
Special attention is invited to the clause at FAR 52.219-9, Small Business and Small Disadvantaged Business Subcontracting Plan. The subcontracting plan
contained in _____________ dated
_________ is incorporated herein by reference. The small business
goal is ________. The small disadvantaged business goal is _________.
(End of Clause)
AFMCAC 96-3
15 May 1996 52-51
5352.223-9000 Proposed Cost of Enhanced Physical Security of Products.
According to 5323.9102(a) insert
the following clause in Section L of solicitations:
The offerors shall provide physical security for the products being acquired (or for line items ________,________, and ________*) which is equivalent to that described in attachment ________**. Offerors will submit a plan for the product security system which tailors the security system described in attachment ______ to the offeror's facility and existing security system. The
contractor shall identify, for line item ________*** in the schedule, the direct total price associated with providing product security under this requirement. Contractor-owned facilities for product security should be capitalized and charged only against the contracts for the product(s) requiring enhanced physical security. The need for additional government-owned facilities in a government-owned contractor-operated plant should be coordinated with the contracting officer for the facilities contract. Security which would normally be provided as part of the contractor's facility security system shall be an indirect cost.
* used if more than one product requires enhanced product security.
** this attachment will describe the guidelines provided by the product divisions security police, which the contractor will use to prepare a product(s) physical security system plan.
*** line item for product security.
5352.223-9001 Enhanced Physical Security of Products.
According to 5323.9102(b) insert
the following clause in Section I of solicitations and contracts.
As provided by line item ______*, the contractor shall provide physical security for the products being acquired by this contract or for line items ______,______, and ______** while the product is under the contractor's control. Physical security for the products will be as described in attachment ______***.
* line item of the contract for enhanced product security.
** used if more than one product requires enhanced product security.
*** this attachment will describe
the contractor's planned product(s) physical security system based
on the guidelines provided by the product division's security
police.
AFMCAC 96-3
15 May 1996 52-52
5352.223-9002 Use of Hazardous Materials in the Performance of On-Base Contracts.
As prescribed in 5323.303, insert
the following clause substantially as written in Section I of
solicitations and contracts:
(a) "Hazardous Material" as used in this clause includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract)
(b) The list of hazardous materials identified under Section I clauses FAR 52.223-3, Hazardous Material Identification and Material Safety Data, and DFARS 252.223-7001, Hazardous Warning Labels, shall be updated during performance of the contract whenever the contractor determines that any other material to be delivered or used on base in excess of (locally specified time) and/or a (locally specified quantity of material) under this contract is hazardous based on changes in the composition of the items(s) or a revision to Federal Standard No. 313. Provide written notification of changes in the Material Safety Data Sheets (MSDSs), including a copy of the updated MSDS, of each item to the identified point of contact on the installation prior to use of the item on installation.
(c) The contractor shall submit a Contractor Hazardous Material Report (insert form number), available from (insert installation) (insert appropriate office, e.g, Hazardous Material Support Center or Hazardous Material Cell) at (insert phone number) for each item identified under Section I clauses, FAR 52.223-3, Hazardous Material Identification and Material Safety Data, and DFARS 252.223-7001, Hazardous Warning Labels, or updates resulting from paragraph (b) of this clause 15 days prior to bringing the items on base and update the report at least monthly (beginning no later than 30 days after the material is brought on base) until removal of the hazardous material from the base.
(d) All hazardous material used on base (including material to be used for a period of less than 24 hours) shall contain a hazardous material warning label. The label shall include a list of the hazardous chemical(s), material identification which matches the part number and/or trade name on the MSDS, appropriate hazard warnings (including description of target organs), and name and address of the chemical manufacturer, importer, or other responsible party.
(e) The contractor is responsible for conducting and documenting employee hazard communication training prior to the commencement of work on base.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the contractor from complying with applicable Federal, State, and local laws, codes, ordinance, and regulations (including the obtaining of licenses and permits in conjunction with hazardous material).
AFMCAC 96-3
15 May 1996 52-53
(h) Notwithstanding any other
rights in technical data specified elsewhere in this contract,
the Government may use, duplicate, and disclose any data to which
this clause is applicable to apprise personnel of the hazards
to which they may be exposed and obtain medical treatment for
those affected by the material. In addition, the Government may
allow others to use, duplicate and disclose data for these purposes.
5352.2259000 Special Provision Under Paragraph (d) of FAR Clause
52.2296, "Taxes Foreign FixedPrice Contracts."
As prescribed at 5325.730090,
insert the following clause in Section H of solicitations and
contracts:
(a) The Government of has agreed not to impose certain taxes, duties, and similar charges on the contractor, its subcontractors, and the employees and dependents of either, as stated in of the Letter of Offer and Acceptance incorporated by reference. The contractor certifies that the contract price does not include charges for such taxes, duties, and similar charges.
(b) If, the Government of
imposes taxes, duties, or similar charges under
the above excepted circumstances, contractorincurred costs
are reimbursable to the contractor. Reimbursement shall
be limited to those contractorincurred costs, including
applicable overhead and G&A expense, but excluding profit.
The contract price will be increased accordingly.
5352.225-9001 Law Covering Contracts.
As prescribed at 5325.9201,
insert the following clause in Section H of solicitations and
contracts:
The provisions of this contract
shall be governed by and construed in accordance with the laws
of the United States of America.
AFMCAC 96-3
15 May 1996 52-54
5352.225-9002 Definition of F.O.B. Point for Shipments Originating Overseas.
As prescribed at 5325.9202,
insert the following clause in Section F of solicitations and
contracts:
(a) U.S. Air Force/U.S. Government requirements: F.O.B. point means F.O.B. Aerial Port/Water Port of Embarkation (APOE/WPOE). The geographic locations of the APOEs or WPOEs used for all line items are identified in paragraph (b)(2)(ii) of 5352.225-9003 or 5352.225-9004.
(b) FMS requirements:
(1) For FMS requirements, the term overseas is defined as any place outside CONUS, Alaska, or Hawaii.
(2) F.O.B. point will either be a designated freight forwarder or country representative as explained below or the contractor's plant as explained in FAR 52.24730, "F.O.B Origin, Contractor's Facility." For solicitations/
contracts containing the clause
5352.2259005 within Section F, the F.O.B. point will be
the freight forwarder(s) identified for contract line items specified
within the clause.
5352.225-9003 F.O.B. Point - Aerial Port of Embarkation (APOE).
As prescribed at 5325.9202(a)(2)(i),
insert the following clause:
(a) The Contractor shall specify
in the proposal the aerial port of embarkation which is "nearest"
and where any furnished items are delivered. The contractor
will pay for transportation costs to the aerial port of embarkation.
The following is a list of ports by country:
CONTRACTOR LOCATION
APOE
Germany Ramstein
Luxembourg Ramstein
Belgium Ramstein
France Ramstein
Denmark Ramstein
Netherlands Ramstein
Switzerland Ramstein
Egypt Cairo East
Greece and Crete Athens
Israel Tel Aviv
Norway Fornebu
Spain Torrejon
Portugal Torrejon
Turkey Incirlik
Italy (north of Rome)
Aviano
AFMCAC 96-3
15 May 1996 52-55
CONTRACTOR LOCATION
APOE
Italy (south of Rome) Brindisi
United Kingdom Mildenhall
Japan (Honshu) Yokota
Japan (Okinawa) Kadena
Korea Osan
All others in PACAF area
Kadena
(b) If Government-furnished property or completed end items are used, the following applies:
(1) CONUS, Alaskan, Hawaiian and Canadian Contractors - The geographic location of the F.O.B. point for delivery of Government-furnished property shall be or as elected by the Government in the FAR clause 52.24755, "F.O.B. Point for Delivery of GovernmentÄFurnished Property." The geographic location of the F.O.B. point for delivery of completed end items under the contract shall be the Contractor's facility as defined in FAR clause 52.24729, "F.O.B. Origin."
(2) Overseas Contractors:
(i) The geographic location of the F.O.B. point for delivery of GovernmentÄfurnished property shall be the Contractor's principal place of performance, which is .
(ii) The geographic location of the F.O.B. point for delivery of completed end items shall be the nearest accessible aerial port of embarkation to the Contractor's facility, unless the user activity is in the Contractor's own country. In such cases, the F.O.B. point will be the user activity. The port of embarkation selected from paragraph (a) above is . The contractor will pay transportation costs to the aerial port of embarkation.
(c) This clause does not apply to shipments for Foreign Military Sales (FMS).
5352.225-9004 F.O.B. Point - Water Port of Embarkation (WPOE).
As prescribed at 5325.9202(a)(2)(i),
insert the following clause:
(a) The Contractor shall specify
in the proposal the water port of embarkation which is "nearest"
and where any furnished items will be delivered. The contractor
will pay transportation costs to the water port of embarkation.
The following is a list of ports by country:
CONTRACTOR LOCATION WPOE
Germany Bremerhaven
Norway Bremerhaven
Belgium Rotterdam
Netherlands Rotterdam
Switzerland Rotterdam
Italy Leghorn
Spain Cadiz
AFMCAC 96-3
15 May 1996 52-56
CONTRACTOR LOCATION
WPOE
Greece Piraeus
United Kingdom Felixstowe, London, Tilbury
Portugal Lisbon
Turkey Istanbul, Izmir, Iskenderun
Israel Haifa
Japan (Honshu) Yokohama
Japan (Okinawa) Naha
Korea Pusan
All others
IAW DoD 4500.32-R(MILSTAMP),
Appendix J
(b) If Government-furnished property or completed end items are used, the following applies:
(1) CONUS, Alaskan, Hawaiian and Canadian Contractors - The geographic location of the F.O.B. point for delivery of Government-furnished property shall be or as elected by the Government in the FAR clause 52.24755, "F.O.B. Point for Delivery of Government-Furnished Property." The geographic location of the F.O.B. point for delivery of completed end items under the contract shall be the Contractor's facility as defined in the FAR clause 52.24730, "F.O.B. Origin, Contractor's Facility."
(2) Overseas Contractors:
(i) The geographic location of the F.O.B. point for delivery of Government-furnished property shall be the Contractor's principal place of performance, which is .
(ii) The geographic location of the F.O.B. point for delivery of completed end items shall be the nearest accessible water port of embarkation to the Contractor's facility, unless the user activity is in the Contractor's own country. In such cases, the F.O.B. point will be the user activity. The port of embarkation selected from paragraph (a) is . The contractor will pay transportation costs to the water port of embarkation.
(c) This clause does not apply
to shipments for Foreign Military Sales (FMS).
5352.225-9005 F.O.B. Destination Purchaser's Designated Freight Forwarder or Country Representative.
As prescribed at 5325.9202(b)(1)(i),
insert the following clause in Section F of solicitations and
contracts:
Contractor bid/proposal shall
be based on the following F.O.B. point(s). The contractor
will pay transportation costs to the F.O.B. point(s) and
provide for each line item in the space provided below.
When more than one AFMCAC 96-3 15 May
1996 52-57
F.O.B. point is shown for a single Contract Line Item, the F.O.B. point of delivery shall be the nearest to the Contractor's facility. Contractor ensures exportability to the F.O.B. point(s) listed below:
F.O.B Point Contractor Transportation
Contract Line Item(s)
(City and State) Cost
5352.225-9006 English Language Requirements.
As prescribed at 5325.902-90,
insert the following clause in Section C of solicitations and
contracts.
(a) All deliverable documents will be in the English language.
(b) An English language speaking
person shall be provided during in-plant visits, inspections,
reviews, audits, and other similar activities to facilitate communications
and ensure mutual understanding.
5352.225-9007 Authorized Privileges for Contractor Personnel in Overseas Theater
As prescribed in 5325.802-70(90),
insert the following clause. substantially the same as written,
in Section I of the solicitation and contract:
(a) The government shall make
available within the overseas theater, subject to the individual
capability or limitation of the installation concerned and the
approval of the installation commander, as well as the controlling
provisions of the applicable inter-governmental agreement, the
following items of logistics support to contractor U.S. citizen
personnel: visitor's officers quarters (VOQ) on a space available
basis, base exchange, commissary, emergency and routine medical
care, dental care (limited to relief of emergencies), transportation,
Army Post Office/Fleet Post Office (APO/FPO) privileges, banking
privileges, auto licensing, petroleum, oil and lubricants (POL),
club privileges, communications equipment (e.g. telephones and
fax machines) and school facilities (Priority II -space-required
tuition paying). if at any time the above contractor personnel
should be deprived of the privileges contemplated hereunder by
action of the host country authorities or a change in the controlling
inter-governmental arrangements or agreements, the parties hereto
agree to negotiate an amendment to this contract to provide for
an appropriate adjustment of the contractual compensation when
approval for use of logistics support has been obtained from the
overseas installation commander.
AFMCAC 96-3
15 May 1996 52-58
(b) All identifiable logistic
support costs will be on a reimbursable basis under CLIN _____(BOQ,
medical and dental support, messing, school facilities, etc.).
5352.225-9008 Evidence of Shipment for Foreign Military Sales (FMS) Contracts - Carrier's Receipt
As prescribed at 5325.7390(90),
insert the following clause in Section I of FMS solicitations
and contracts:
The contractor shall send a copy
of the carrier's receipt to (insert the contracting office
and_address).
5352.228-9000 Ground and Flight Risk.
As prescribed at 5328.306(90),
add the following paragraph(s) to DFARS 252.228-7001, Ground and
Flight Risk:
(l) The additional information contained in subparagraph(s)
____________________________ below apply:
(i) In subparagraph (a)(1)(i), the term "aircraft" means helicopters, including the complete helicopter, and helicopters in the course of being manufactured, disassembled, or reassembled if an engine or portion of the main rotor assembly is attached to the helicopter.
(ii) In subparagraph (a)(2), the term "Contractor's premises" means the property which comprises the facilities utilized by the Contractor at _________________________________.
(iii) In subparagraph (e), the words "each separate event" means "each separate event per aircraft."
5352.228-9001 Bid or Proposal Guarantee
As prescribed at 5328.101-3(b)
insert a clause substantially similar to the following in Section
I of solicitations and contracts.
Each offeror shall submit with
its bid or proposal a bid bond (standard form 24) of twenty percent
(20%) of the bid (proposal) price or $3,000,000, whichever is
lesser. The penal sum shall be expressed in terms of a percentage
of the bid (proposal) price or in dollars and cents.
AFMCAC 96-3
15 May 1996 52-59
5352.228-9002 Performance and Payment Bonds
As prescribed at 5328.102-3
insert a clause substantially similar to the following in Section
I of solicitations and contracts.
(a) Performance and payment bonds with good and sufficient surety shall be delivered to the contracting officer by ________________*.
(b) Performance bond (standard form 25): the penal sum of the performance bond shall equal one hundred percent (100%) of the contract price. The government may require additional performance bond protection when the contract price is increased. The government may secure additional protection by directing the contractor to increase the penal amount of the existing bond or to obtain an additional bond.
(c) Payment bond (standard form 25a):
(1) When the contract price is $1,000,000 or less, the penal sum shall equal fifty percent (50%) of the contract price.
(2) When the contract price is in excess of $1,000,000 but not more than $5,000,000, the penal sum shall equal forty percent (40%) of the contract price. when the contract price is five million or less, the government may require additional protection if the contract price is increased.
(3) When the contract price
is more than $5,000,000, the penal sum shall be $2,500,000.
* The contracting officer shall
fill in a delivery time requirement such as "ten (10) days
after award of the contract" or other appropriate time.
5352.228-9003 Payment and Performance Bonds Requirements for Fixed Price Subcontracts.
As prescribed at 5328.102-1(4)(a),
insert a clause substantially similar to the following in Section
I of solicitations and contracts:
(a) Pursuant to DFARS 228.102-1, the requirement for payment and performance bonds is waived for cost-reimbursement contracts. In the performance of this cost-reimbursement contract, it is expected that fixed price subcontracts for construction or demolition efforts will be used. Therefore, for fixed price construction subcontracts greater than $25,000 the prime contractor is required to obtain from each construction subcontractor: (1) A payment bond in favor of the prime contractor sufficient to pay material and labor costs; and, (2) A performance bond in an equal amount, if available at no additional cost.
(b) When evidence of a performance bond and a payment bond with good and sufficient surety is required, such evidence shall be delivered to the contracting officer within 10 calendar days after award of the respective subcontract by the prime contractor.
(c) All bonds, including any
necessary reinsurance agreements and construction permits must
be received by the contracting officer before a notice to proceed
with the work will be issued.
AFMCAC 96-3
15 May 1996 52-60
5352.228-9004 Insurance Clause Implementation.
As prescribed at 5328.310(90),
insert the following clause in Section I of all solicitations
and contracts which include either FAR 52.228-5, Insurance - Work
on a Government Installation, or FAR 52.228-7, Insurance - Liability
to Third Persons, or both.
The contractor shall obtain
and maintain the minimum kinds and amounts of insurance during
performance of this contract as specified by FAR 28.307-2 and
contemplated by FAR 52.228-5 and/or 52.228-7.
5352.231-9000 Precontract Costs.
According to the requirement
of 5331.109(f), insert the following clause in Section I of solicitations
and contracts substantially as written:
All costs up to $(limitation)
incurred by the contractor after (date) directly related
to the negotiation and before the effective date of this contract,
will be recognized to the same extent as if incurred after the
effective contract date.
5352.231-9001 Segregation of Costs.
As prescribed in 5331.201-90(b)
insert the following clause, substantially as written, in Section
I of the solicitation and contract.
The contractor shall segregate
all costs associated with Contract Line Items (CLINs)___________of
this contract from the costs associated with the other CLINs of
this contract.
AFMCAC 96-3
15 May 1996 52-61
5352.232-9000 Implementation of Limitation of Funds.
According to AFMCFARS 5332.705-2(b),
insert the following in Section B in all incrementally funded
cost-reimbursement solicitations and contracts:
(a) The sum allotted to this contract and available for payment of costs under CLINs (specify CLINs) and (date) through (date) in accordance with the clause in Section I entitled "Limitation of Funds" is (amount).
(b) In addition to the amount
allotted under the Limitation of Funds clause, the additional
amount of $(amount) is obligated for payment of fee for
work completed under CLINs (specify CLINs) and (specify
CLINs).
5352.232-9001 Notice of Funding Status.
As prescribed at 5325.7300-91
and 5332.702-90(b), insert the following provision in Section
L of the solicitation:
Funds are not currently available
for this requirement. Offerors are advised that the cost of any
response to, or other cost incurred as a result of, this solicitation
is at the offeror's own risk. Unless funds are made available
for this requirement, no contract will be awarded.
5352.232-9002 Rough Order of Magnitude (ROM) Program Estimate Profile.
In accordance with 5332.791,
insert the following provision in Section L substantially as written
in solicitations:
This provision contains a total
Government Rough Order of Magnitude (ROM) program estimate by
Fiscal Year for the effort reflected in this solicitation. The
offerors may consider these ROMs in developing their proposal.
However, strict adherence to the funding profile incorporated
herein will not be a consideration in the source selection decision
and offerors are encouraged to develop best-value proposals.
The Government makes no assurances that the projected funds will
be made available for this program nor shall this solicitation
provision be the basis for a claim under the contract in the event
the projected funds fail to materialize. This provision will
not be incorporated in any contracts awarded as a result of this
solicitation.
AFMCAC 96-3
15 May 1996 52-62
FISCAL YEAR ROM
% of Total Contract
FY ____ (Contract Award Date:____)
$____ ___%
FY ____
$____ ___%
FY ____ $____ ___%
FY ____ $____ ___%
FY ____ (Contract Completion Date: $____ ___%
____ )
TOTALS $____ 100
%
5352.2359000 Definition of Unusually Hazardous Risks.
In accordance with 5335.070-3(a),
include the following clause in Section H of solicitations and
contract.
For the purpose of the clauses at DFARS 252.2357000, Indemnification Under 10 USC 2354Fixed Price (Dec 1991), and DFARS 252.2357001, Indemnification Under 10 USC 2354Cost Reimbursement (Dec 1991), it is agreed that all risks resulting from or in connection with the following are "unusually hazardous risks" whether or not the contractor's liability arises from the design, fabrication, or furnishing of other products or services under this contract:
(a) the burning, explosion, or detonation of material or casting powder;
(b) the burning, or explosion, during the preparation, mixing, loading, transporting, casting, curing, or testing of propellant;
(c) the toxic, explosive or other unusually hazardous properties of chemicals or energy sources used for, or in conjunction with, the performance of this contract;
(d) the burning, explosion, or detonation of missiles or components; or
(e) the fabrication, assembly,
testing, launching, flight or landfall of missiles, rocket engines,
or components or parts.
AFMCAC 96-3
15 May 1996 52-63
5352.2359001 Application for Frequency Authorization.
As prescribed at 5335.071(90),
insert the following clause in section H of solicitations and
contracts:
The Contractor must ensure that
radio frequencies are available to support electromagnetic radiating
devices in their intended environment and that adequate protection
from interference can be provided to receiving devices. Accordingly,
the Contractor shall submit DD Form 1494, "Application for
Frequency Allocation" in triplicate to the buyer at the issuing
office indicated on the cover of this document within 45 days
after contract award. Instructions for preparing the form are
contained in AFI 33-118, and on the form itself. The DD Form
1494 will be routed through the Administrative Activity Quality
Control Office indicated on the cover of this document in accordance
with AFI 33-118. Upon verification of frequency requirements,
the Contractor shall submit, if required, information to prepare
a "Standard Frequency Action Format (SFAF) Request"
to the person and address specified above. Instructions for preparing
an SFAF are contained in AFI 33-118. Attention is directed to
the contract clause entitled "Frequency Authorization"
contained in Section I.
5352.235-9002 Key Positions and Minimum Qualifications
As prescribed in 5335.007-90(k),
insert the following clause in Section I of solicitations and
contracts:
(a) Contractor personnel holding
the position titles and having the qualifications listed below
are considered essential to the work being performed under this
contract:
Key Positions: Minimum Qualifications:
(list by job title) (list minimum qualifications in terms
of education and/or experience)
________________ ______________________________________
________________ ______________________________________
________________ ______________________________________
(b) The contractor shall notify
the contracting officer before the departure of any individual
in a key position and identify the proposed substitution. Any
proposed personnel substitution that does not meet the minimum
qualification requirements described above requires the prior
written approval of the contracting officer.
AFMCAC 96-3
15 May 1996 52-64
5352.235-9003 Small Business Innovation Research (SBIR) Phase I and Phase II Contract Requirements.
As prescribed at 5335.003(91),
insert the following in Section I of SBIR Phase I and Phase II
contracts awarded as a result of the SBIR solicitation published
by the Department of Defense.
The following requirements of
the FY____ Department of Defense (DoD) solicitation for the Small
Business Innovation Research (SBIR) program are incorporated herein
by reference: (list applicable requirements by paragraph number
and title.)
5352.236-9000 Non-priced items - SABER.
As prescribed in 5336.9001 (b)(1),
insert the following clause, substantially as written in Section
B of SABER solicitations and contracts:
Items of work not covered by the Unit Price Book, but within the scope of the contract, may be negotiated by the Contracting Officer and added at any time during the contract term. Added items of work, shall be incorporated into and made a part of the delivery order, and shall be performed at the negotiated unit price multiplied by the applicable contractor coefficient
factor. Non-priced items (NPIs)
shall be identified separately in each contractor prepared proposal
and identified separately in each delivery order. Unit prices
for non-priced items may be negotiated and added to the Unit Price
Book by supplemental agreement. Only direct costs of non-priced
items are allowable. All indirect costs and profit are reimbursed
by application of the coefficient. If the contract coefficient
is subject to economic price adjustment, NPIs shall be adjusted
to base year costs by multiplying the negotiated direct cost of
the NPI by the economic price adjustment index for the base year
and dividing by the economic price adjustment index for the current
year.
AFMCAC 96-3
15 May 1996 52-65
5352.236-9001 Offers - Saber.
As prescribed at 5336.9002(b)(2),
insert the following provision substantially as written in Section
L of SABER solicitations:
(a) Each offeror must submit ______(insert number) coefficients (percentage factors) in order to be considered responsive to the RFP requirements. The first coefficient for each location (locations specified in Section B) shall be applied to that work anticipated to be accomplished during normal work hours. The second coefficient shall be applied to work anticipated to be accomplished during other than normal work hours. It is estimated that ______ percent of the estimated maximum dollar amount of this contract will be work accomplished during other than normal work hours. Individual delivery orders shall identify work to be accomplished during other than normal duty hours if such work is required.
(b) The offer shall be "net", (e.g., 1.0) or a percentage "decrease from",
(e.g., .95) or "increase to" (e.g., l.2) to the unit prices listed in the UNIT PRICE BOOK.
(c) The offeror's price coefficient (percentage factors) shall include all costs including, but not limited to, mobilization, demobilization, overhead, general and administrative expense, engineering services, project design work, bond premiums, insurance, expenses to comply with environmental and tax laws, and profit. No allowances will be made later for any other than prepriced or non-prepriced item unit prices.
(d) The Government shall not
make a partial award under the terms of this solicitation.
5352.236-9002 General information - SABER.
As prescribed in 5336.9002(b)(3),
insert the following clause, substantially as written, in Section
C of SABER solicitations and contracts:
(a) This is an indefinite quantity contract for construction efforts at ______ (name of base) AFB _____ (state). Construction projects will be awarded by individual delivery orders on an as needed basis. Projects will be in support of real property maintenance, repair, and alteration.
(b) The following documents, attached hereto, are to be used in the execution of work under this contract:
(l) JOB Order Contract System Technical Specifications, Volume I, (See Section J, List of Attachments).
(i) The Technical Specifications, Volume I, are numbered and organized by the 1983 edition of the Construction Specification Institute's (CSI) Master Format. All specifications are filed in Divisions 2 through 19 as per CSI guidelines. A Division 19 was created specifically for this contract to cover demolition.
AFMCAC 96-3
15 May 1996 52-66
(ii) The index to the Technical Specifications, Volume I, provides cross references to the Unit Price Book (UPB), Volume II. This cross reference is under the column labeled "UPB DESIGNATION". Some specifications are broadscoped in nature and contain a variety of items; therefore, they will
have several UPB designator. Other specifications will not have UPB pricing information; these items are those which are special ordered from the manufacturer or the items involved would be proprietary to each manufacturer's own equipment.
(iii) The intent of these specifications is to furnish concise industrial and/or commercial standards for maintenance and repair of Government facilities.
(2) Unit Price Book (UPB), Volume II, (See Section J, List
of Attachments).
(i) The UPB, Volume II, contains pricing information(i.e., Government estimate) for the description of work to be accomplished and for the unit of measure specified.
(ii) The UPB, Volume II, consists of Divisions l through 19 which are applicable to Divisions 1 through 19 of the Job Order Contract Technical Specifications, Volume I.
(iii) Demolition, Division 19, UPB, Volume II, contains percentages which are to be applied to the prices of items in Divisions 2 through 18 of the UPB to cover the cost of removal or demolition of these items.
(3) Abbreviations (See Section J, List of Attachments). A list of abbreviations to be used in the UPB, Volume II, is provided in the Technical Specifications, Division I, Section 01070.
(4) Sample Calculations (See
Section J, List of Attachments). The sample calculations illustrate
the use of the UPB. All dollar figures are fictitious.
5352.236-9003 Ordering procedures - SABER.
As prescribed in 5336.9002(b)(4),
insert the following clause, substantially as written, in Section
C of SABER solicitations and contracts:
(a) The Contracting Officer or his authorized representative shall notify the contractor, either verbally or in writing, of an existing requirement.
(b) Upon receipt of the notification, the contractor shall respond to the needs of the Government within two working days by:
(1) Visiting the proposed work site in the company of the Contracting Officer or his authorized representative, or
(2) Establishing verbal contact with the Contracting Officer or his authorized representative to further define the scope of the requirement.
(c) Upon establishment of the scope of the individual requirement, the contractor shall then prepare his proposal for accomplishment of the task.
(1) Part l, Section C, of the Unit Price Book shall serve as the basis for establishing the value of the work to be performed on a unit price basis.
(2) Non-priced work, if required, must be separately identified in the contractor's proposal.
AFMCAC 96-3
15 May 1996 52-67
(3) The contractor's proposal must be supported by necessary documentation to indicate that adequate engineering and planning to accomplish the requirement have been done. Examples of documentation that might reasonably be expected would include drawings, calculations, catalog cuts, specifications, architectural renderings, etc.
(4) Time for submittal of the contractor's proposal for individual requirements will be as agreed upon by the Government and the contractor.
(d) Upon receipt of the contractor's proposal, the Government will review the proposal for completeness. The Government will negotiate with the contractor all non-priced items, quantities for the prepriced items and performance time.
(e) Delivery orders will then be issued by the Contracting Officer using a DD Form 1155. Each delivery order will include the following information:
(1) Date of the delivery order.
(2) Contract number and delivery order number.
(3) Item number and description, quantity and unit prices for prepriced and non-priced items and total .
(4) Delivery order price, delivery or performance date.
(5) Accounting and appropriation data.
(6) Any other pertinent data.
5352.236-9004 Record drawings - SABER.
As prescribed in 5336.9002(b)(5),
insert the following clause, substantially as written, in Section
C of SABER solicitations and contracts:
During the progress of the job, the contractor shall keep a careful record at the jobsite of all changes and corrections from the layouts shown on the drawings, if applicable. The contractor shall enter such changes and corrections on contract or record drawings promptly and submit drawings to the Contracting Officer in accordance with the schedule provided in the delivery order. The record drawings shall indicate, in addition to all changes and corrections, the actual location of all subsurface utility lines. To ensure the location of these lines and appurtenances may be determined in the event the surface openings or indicators become covered over or obscured, the record drawings shall show, by offset dimensions to two permanently fixed surface features, the end of each run including each change in direction, valve, splice boxes, and similar appurtenances shall be located by dimensioning along the utility run from a reference point. The average depth below the surface of each run shall also be recorded. At the time of beneficial occupancy of each structure or facility involved under the contract, the contractor shall submit to the Contracting Officer as built prints showing the aforementioned
data. If the contractor fails
to maintain the record drawings as required herein, the Contracting
Officer shall consider that satisfactory progress has not been
achieved for the period in question, thereby requiring the retainage
of 10% of any progress payments to be made until such drawings
are made current.
AFMCAC 96-3
15 May 1996 52-68
5352.236-9005 ADP support requirements - SABER.
As prescribed in 5336.9002(b)(6),
insert the clause, substantially as written, in Section C of SABER
solicitations and contracts:
(a) The contractor is to provide and utilize for the duration of the contract ________(number) computer systems as described below. Ownership of all systems will remain with the contractor. ______ (number) systems will be provided to the Government for use during the duration of the contract. The contractor shall be responsible for providing maintenance for all the above ADP equipment for the duration of the contract.
(b) The computer system will
consist of: (The contracting officer shall provide a list of ADP
support equipment which the contractor is to furnish).
5352.236-9006 Progress Schedules and Reports.
As prescribed at 5336.291(90),
insert the following clause, substantially as written, in Section
I of solicitations and contracts.
The reports contemplated in the
clause FAR 52.236-15, Schedules for Construction Contracts shall
be accomplished and in accordance with the instructions for AF
Form 3064, Contract Progress Schedule, and AF Form 3065, Contract
Progress Report.
5352.236-9007 Model Unit Approval.
As prescribed at 5336.9101(90),
insert the following clause, substantially as written, in Section
I of the solicitation and contract.
(a) The contractor shall complete _____* each model units(s), to be designated by the contracting officer, of CLIN _____** before working on any other units of CLIN _____**. The contractor shall begin work on the model unit(s) no later than seven (7) calendar days after receipt of written approval of material submittals and shall complete each unit within _____*** calendar days. Total time for completion of the unit(s) shall not exceed ____*** calendar days.
(b) Within ___*** working days, excluding Saturday, Sunday and federal holidays, following notification by the contractor that the model unit(s) has/have been completed, the government shall inspect the unit(s) and provide written approval or disapproval thereof. The approval/disapproval letter shall either authorize the contractor to commence work on the units of any CLIN for which all model units have been approved or identify each item which does not comply with the specifications and drawings. The contractor shall have _____*** working days to correct all non-complying items. If the
AFMCAC 96-3
15 May 1996 52-69
contractor fails to correct all non-complying items within the required time, the contractor shall be deemed to have failed to make delivery with the meaning of default clause of the contract.
(c) Prior to approval, the government shall be liable only for labor and material costs incurred in the performance of the specified work on the model units. In no event shall the government be liable for any other costs. Prior to approval, any costs other than those reasonably incurred in completion of the model unit(s) shall be at the sole risk of the contractor.
(d) The approval of the model
unit(s) shall not relieve the contractor from complying with
all requirements of the specifications and drawings and all other
terms and conditions to this contract.
* Enter quantity
** Enter CLIN number
*** Enter number of days
Alternate I (Jun 1996).
As prescribed at 5339.9101, if an option will be exercised add
the following paragraph (e).
(e) If an option is exercised,
the contractor shall complete ___* each model unit(s), to be designated
by the contracting officer, of CLIN ____** before working on any
other units of CLIN ____**. The contractor shall begin work
on the model unit(s) no later than seven (7) calendar days after
receipt of written approval of material submittals and shall complete
each unit within ____*** calendar days.
5352.236-9008 Preparation of Material Approval Submittals.
As prescribed at 5336.290(a)
insert the following clause in Section I of solicitations and
contracts.
The submittals contemplated by
FAR 52.236-5, Materials and Workmanship, shall be accomplished
on and in accordance with instructions pertaining to AF Form 3000,
Material Approval Submittal.
5352.236-9009 Magnitude of Construction Projects.
As prescribed at 5336.204(90), insert the following provision in Section L of construction solicitations with the appropriate price range set forth in
FAR 36.204.
The estimated price range for this project is between __________ and
__________.
AFMCAC 96-3
15 May 1996 52-70
5352.237-9000 Reserved.
5352.237-9001 Reserved.
5352.237-9002 Use of Non-Government Advisors
As prescribed in 5337.9209(a),
insert the following provision substantially as written in Section
K of the solicitation:
Offerors are advised that data
submitted to the government in response to this solicitation may
be released to non-government advisors for review and analysis.
I certify that I have read and
understand the instruction to offerors and consent to release
of any information provided by the firm named below in response
to this solicitation, to non-government advisors for review and
analysis.
Firm ___________________________________________
Name ___________________________________________
Title ___________________________________________
Date of Execution ___________________________________________
5352.237-9003 Employee Qualification
As prescribed at 5337.9209(b),
insert the following clause substantially as written in Section
I of the solicitation and contract:
The contractor shall assign
employees to this contract who possess the qualifications required
by the contract. To substantiate the employees' qualifications,
the contractor shall submit a resume to the contracting officer
(CO) for each employee performing services during the term of
the contract. The resumes shall be delivered to the CO within
the first week that the employee performs services under the contract,
or prior to the first billing for services performed by the employee,
whichever date is the earlier. The hourly rate billed by the
contractor for an employee who does not meet the required qualifications
may be unilaterally adjusted downward to a wage rate that the
CO determines to be appropriate. If the contractor has already
received payment, the CO may make adjustment on the next invoice
or require repayment by the contractor.
AFMCAC 96-3
15 May 1996 52-71
5352.237-9004 Enabling Clause Between Prime Contractors and Manpower Support Services (MSS) Contractors.
As prescribed at 5337.9209(d),
insert the following clause substantially as written in Section
I of the solicitation and contract:
(a) The Air Force has entered into contracts with (insert the MSS contractor's name) for services to provide (insert major support areas, such as technical, evaluation, and acquisition management support).
(b) MSS tasks involve the application of a broad range of education, skills, knowledge, and experience in many disciplines in support of weapon system acquisition tasks. Tasks involve (insert applicable task detail).
(c) In the performance of this contract, the contractor agrees to cooperate with (insert the MSS contractor's name) by: (insert areas for cooperation) (examples: responding to invitations from authorized personnel to attend meetings; providing access to technical information and research, development and planning data, test data and results, schedule and milestone data, financial data including the contractor's cost/schedule management system/records and accounting system, all in original form or reproduced; discussing technical matters related to the program; providing access to contractor facilities utilized in the performance of this contract; and allowing observation of technical activities by appropriate support contractor technical personnel).
(d) The contractor further agrees to include in each subcontract over $1 million or 10% of prime contract value whichever is less, a clause requiring compliance by a subcontractor and succeeding levels of subcontractors with the response and access provisions of paragraph (c) above subject to coordination with the contractor. This agreement does not relieve the contractor of responsibility to manage subcontracts effectively and efficiently, nor is it intended to establish privity of contracts between the government or the MSS contractor(s) and such subcontractors.
(e) MSS contractor personnel are not authorized to direct a contractor in any manner.
(f) MSS contracts contain an organizational conflict of interest clause that requires the support contractors to protect the data, and prohibits the MSS contractors from using the data for any purpose other than that for which the data was presented.
(g) Neither the contractor
nor their subcontractors shall be required in the satisfaction
of the requirements of this clause to perform any effort or supply
any documentation not otherwise required by their contract or
subcontract.
AFMCAC 96-3
15 May 1996 52-72
5352.237-9005 Travel.
As prescribed at 5337.9209(e),
insert the following clause substantially as written in Section
I of the solicitation and contract:
(a) The contractor may be required to travel within the contiguous United States and overseas. The contractor may be required to travel by government- provided transportation. Travel may be required as a direct cost to the task order. Travel requirements will be reimbursed by separate voucher and must be approved in advance by the Contracting Officer. Travel requirements will be identified, proposed, and negotiated in individual task orders on a cost-reimbursement basis. Billable travel costs are air fare, ground transportation, and per diem costs, not labor hours. The contractor shall be responsible for obtaining any passports or visas and making travel arrangements to and from any CONUS location.
(1) Per diem, air fare, and all other allowable travel costs shall be reimbursed in accordance with the Federal Acquisition Regulation. All overseas travel within overseas areas shall be approved in advance by the Contracting Officer.
(2) The government may provide travel to and from overseas work sites via Air Mobility Command (AMC) flights, if available. AMC travel fees may be contractor-paid and invoiced to the government as an allowable direct cost under the contract. The government will be responsible for obtaining travel clearances and issuance of any required special orders.
(b) Use of AMC transportation shall be approved in advance by the Contracting Officer or designee. Orders authorizing AMC travel will specify the contractor's Customer Identification Code (CIC). If the contractor does not have CIC number, the orders will state "special account handling: billing for AMC transportation will be forwarded to (contractor's address)." Use of AMC transportation is subject to availability.
(c) The travel CLIN is intended
to pay for travel occurring at the direction of the government,
performed in conjunction with a specific trip authorized in a
task order. Any clerical travel support shall be considered and
approved by the Contracting Officer on a case-by-case basis.
5352.237-9006 Training
As prescribed at 5337.9209(f),
insert the following clause substantially as written in Section
I of the solicitation and contract:
(a) When training is conducted at a government site, government-furnished facilities and equipment will be utilized including classrooms, overhead projectors, screen, chalkboards, and equipment installed under this contract.
AFMCAC 96-3
15 May 1996 52-73
(b) The contractor shall be responsible for:
(1) Furnishing all training manuals, schematics, drawings, charts, and transparencies required to conduct training. A copy of all training materials will be provided to the government FAE for review and approval;
(2) Furnishing all equipment necessary to effectively conduct the training program except equipment that is specifically identified elsewhere in the task order as being furnished by the government; and
(3) Conducting formal training approximately eight hours per day (excluding weekends and government holidays).
(c) The government FAE will
be the point of contact for coordinating training dates.
5352.237-9007 Contractor Identification
As prescribed at 5337.9209(g),
insert the following clause substantially as written in Section
I of the solicitation and contract:
(a) Contractor personnel and their subcontractors must identify themselves as contractors or subcontractors during telephone conversations, in electronic messages, or correspondence related to this contract.
(b) Contractor-occupied facilities
(on AFMC or other government installations) such as offices, separate
rooms, or cubicles must be clearly identified, with contractor
supplied signs, name plates or other identification, showing that
these are work areas for contractor or subcontractor personnel.
5352.237-9008 Contract Holidays
As prescribed at 5337.9209(h),
insert the following clause substantially as written in Section
G of the solicitation and contract:
(a) The amounts in Section B of the contract include an allowance for holidays to be observed; and, accordingly, the government will not be billed for such holidays, except when services are required by the government and are actually performed on a holiday. Holidays in addition to those reflected in this contract, which are designated by the government, will be billable, provided the assigned contractor employee was available for performance and was precluded from such performance.
(b) The following days are
contract holidays:
AFMCAC 96-3
15 May 1996 52-74
5352.237-9009 Site Visit Arrangement,
As prescribed at 5337.110(a)(90),
insert a provision, substantially the same as the following, in
Section L of the solicitation.
An organized site visit has been scheduled for:
_________________________________________
(Insert date and time of visit
or visits)
Participants will meet at:
____________________________
(Insert location)
Offerors Planning to Attend are requested to notify:
_________________________by__________________
(Insert name and phone number
of contact point for the site visit and latest date for notification.
Omit when notification is not required.)
ALTERNATE I (NOV 1995).
As prescribed at 5337.110(a)(90), if individual site visits are
contemplated, use a paragraph substantially the same as the following.
Site Visits may be arranged by contacting-
Name: _______________
Address: _______________
_______________
Telephone: _______________ FAX_______________
5352.239-9000 Discontinuance (FIP Resources)
As prescribed at 5339.001-90(a),
insert the following clause, substantially as written, in Section
E of solicitations and contracts:
(a) The Government reserves the right to discontinue maintenance services by giving the Contractor 30 days prior written notice or a shorter notice when agreed to by the Contractor. Such discontinuance may occur during the initial or any option period of this contract.
(b) The Government may extend or cancel the date of discontinuance by submitting a written notice to the Contractor at least 15 days prior to the stipulated discontinuance date.
(c) Following the notice, this
discontinuance shall be formalized by a bilateral modification
to the contract reflecting no costs to either party. The Government
shall not be liable for any costs of discontinuance. The
AFMCAC 96-3
15 May 1996 52-75
modification shall adjust the contract price to reflect the values of maintenance services provided up to the point of discontinuance.
(d) This clause does not apply
if the Government issues a notice pursuant to FAR 52.249-4, Termination
for Convenience of the Government (Services) (Short Form).
5352.239-9001 Technology Insertion (FIP Resources)
As prescribed at 5339.001-90(b),
insert the following clause, substantially as written, in Section
I of solicitations and contracts:
(a) As changes in technology occur, the contractor will propose substitution of new products/items for inclusion in this contract. These items include hardware, software and services developed by, marketed by, or otherwise available from the contractor. The proposed items should provide at least equivalent performance with economic benefits or enhanced performance. At least every ___ days, the contractor will either submit such a proposal or inform the contracting officer (CO) that no new items meet the above criteria.
(b) The contractor will provide
price and performance data to support an improvement in performance
and/or price. If necessary for evaluation by the Government,
the contractor shall provide a demonstration of the proposed items.
Should the Government decide that the proposed item(s) should
be included in the contract an equitable price adjustment will
be negotiated and the proposed item(s) shall be added to the
contract by bilateral modification under the authority of this
clause.
5352.239-9002 Replacements, Alterations and Attachments (FIP Resources)
As prescribed at 5339.001-90(c),
insert the following clause, substantially as written, in Section
I of solicitations and contracts.
(a) The Government may make replacements, alterations or install attachments to the equipment acquired under this contract. The Contractor must be provided advance notice of contemplated replacements, alterations or attachments. The contractor shall respond to the Contracting Officer within 30 calendar days of his receipt of this advance notice.
(b) In the event such changes increase or decrease the cost of maintenance, parts, diagnostic software, or manuals those changes must be processed in accordance with the contract clause entitled "Changes".
(c) Such alterations or attachments which are not the property of the Contractor must be removed immediately after discontinuance of rental and the equipment restored to the prior configuration (ordinary wear and tear only excluded) at Government expense.
AFMCAC 96-3
15 May 1996 52-76
(d) In the event such changes
affect TEMPEST integrity, unless otherwise mutually agreed to,
the Government will assume responsibility that TEMPEST integrity
is not compromised.
Alternate I (DEC 1995).
As prescribed at 5339.001-90(c), if TEMPEST is not involved delete
paragraph (d) of basic clause.
5352.239-9003 Maintenance (FIP Resources)
As prescribed at 5339.001-90(d),
insert the following clause, substantially as written, in Section
I of solicitations and contracts:
(a) Responsibilities Of The Contractor -- The contractor shall provide maintenance (labor and parts) at the prices shown in Schedule, and shall keep the equipment in good operating condition. Only new standard parts or parts equal in performance to new parts shall be used in effecting repairs. Parts which have been replaced shall become the property of the contractor. Maintenance service shall not include electrical work external to the equipment, the furnishing of supplies, and adding or removing accessories, attachments or other devices. It shall not include repair of damage resulting from accident, transportation between government sites, neglect, misuse, failure of electrical power, air-conditioning or humidity control, or causes other than ordinary use.
(b) Responsibilities Of The Government:
(1) Government personnel shall not perform maintenance or attempt repairs to equipment that is under the purview of this contract unless agreed to by the contractor.
(2) Subject to security regulations, the Government shall permit access to the equipment which is to be maintained.
(3) The government shall provide time for contractor-sponsored modifications within ______ days after being notified by the contractor that the modification is ready to be made. The time required to make the modification shall be outside the normal preventive maintenance hours and at no additional charge, unless performed outside the principal period of maintenance (PPM) at the Government request. Then the on-call rates specified in this contract shall apply.
(4) The Government shall maintain site requirements in accordance with the equipment environmental specifications furnished by the contractor.
(c) Principal Period Of Maintenance (PPM)
(1) Monthly Maintenance: Monthly maintenance shall be provided as follows and in accordance with the fixed monthly charges shown in the schedule.
(2) Commencement Date: Successful Completion of the Acceptance Test Coverage (Principal Period of Maintenance Specify Days and Hours):
(d) Remedial Maintenance (Outside The Principal Period Of Maintenance) -- Should the Government require maintenance service outside the designated principal period of maintenance or extension thereof on an on-call basis, the
AFMCAC 96-3
15 May 1996 52-77
hourly on-call rates for such additional maintenance service and the minimum charge for any one occurrence shall be as shown in the schedule.
(e) Notification -- Downtime and response time clocks will start when the Government makes actual contact with the contractor's maintenance representative at the designed point of contact or with the contractor's continuous telephone coverage provided to permit the Government to make such contact.
(f) Response Time -- After notification that services are required, the contractor's maintenance personnel shall arrive at the designated point or provide telephone diagnostics within the response time specified below:
_________________________________
(g) Maintenance Downtime Credits
(1) Definition: System (component) failure is that period of time when that system (component) is inoperative and no scheduled workload can be accomplished. Such failure will be considered downtime when the following conditions are met:
(i) The failure is not caused by conditions external to the system (component) and
(ii) The system (component) became inoperative through no fault or negligence of the Government.
(2) Period of Downtime: Downtime shall commence at the time of the actual contact with the contractor's maintenance representative at the designated point of contact or with the contractor's answering service or other continuous telephone coverage provided to permit the Government to make such contact. Downtime shall end when the system and/or machine is returned to the Government in operable condition, including operating software workload. Creditable downtime shall be this period less actual travel time (not to exceed one hour).
(3) Maintenance Credit: The
contractor shall grant a credit to the Government for any system
or component downtime that causes the effectiveness level of the
system (component) to fall below ___ percent during any month.
The effectiveness level is computed by dividing the operational
use time by the sum of that time plus downtime. The credit shall
be a reduction of the total monthly charge by the percentage figure
determined by subtracting the actual effectiveness level percentage
from 100 percent.
For example, if the effectiveness
level for the system or component is 82 percent for the month,
the credit would be 18 percent of the fixed monthly charge; if
the effectiveness level is ____ percent or higher there is no
credit due under this provision.
(4) Purchased System and/or Equipment: For purchased system equipment maintenance downtime credits apply only during the period in which the contractor has maintenance responsibility.
(h) Optional Machine Replacement -- If a rental machine becomes inoperative due to machine failure, and the total number of such inoperative hours exceeds 10 percent operational use time or 30 hours in any month, whichever is greater, in each of three consecutive calendar months, the contractor shall:
(1) Provide an on-site back-up machine at no additional cost, or
(2) Provide on-site technical support personnel at no additional cost, or
AFMCAC 96-3
15 May 1996 52-78
(3) Replace the malfunctioning machine with a functionally equivalent machine in good operating condition at no additional cost to the Government with accrued purchase option credits transferred to the replacement machine.
(i) Malfunction Reports -- The contractor shall furnish a signed malfunction incident report to the installation upon completion of each maintenance call. The report shall include as a minimum, the following:
(1) Date and Time Notified
(2) Date and Time of Arrival
(3) Type and Serial Number(s) of Machines
(4) Chargeable Time Spent for Repair
(5) Description of Malfunction
(6) List of Parts Replaced
(7) Additional Charges, If Applicable
(j) Special Provisions For Maintenance Of Government-Owned FIP Resources
(1) General: The maintenance prices listed in this contract include cost of labor and parts and such other expenses as are necessary to keep the equipment in good operating condition.
(2) Reconditioning: Should the Government exceed the terms of use specified in this solicitation by 25 percent, reconditioning of the equipment, if required, will be at Government expenses. The charges for such work authorized by the Government, will be at the Contractor's then current standard rates for the same type of service on the same type of equipment which shall be consistent with the rates that the Contractor charges his commercial customer for such services. However, the reconditioning will be at the Contractor's expense in those instances where the terms of use specified in the contract have not been exceeded by 25 percent or where unlimited use was specified in the Government.
(3) Movement of Equipment: In the event the system(s) being maintained under the terms and conditions of this contract is moved to another location within the same geographical service area, as designated by the Contractor,
the terms and conditions of this contract shall continue to apply. If the system(s) must be moved outside the Contractor's designated service area, then the continued applicability of this contract shall be subject to mutual agreement.
(i) The Government shall give at least 60 days written notice to the Contractor of its intention to move the equipment, except in emergencies.
(ii) The monthly charges will not be suspended if the dismantling, shipment and installation of the equipment at the new location is completed within 15 calendar days. The Government shall be charged for disassembly and reassembly at the Contractor's then current standard rates, provided that the Contractor charges his commercial customers for such services.
(4) Discontinuance
(i) The Government reserves the right to discontinue maintenance services by giving the contractor 30 days prior written notice or a shorter notice when agreed to by the contractor.
(ii) The Government may extend or cancel the date of discontinuance by submitting a written notice to the contractor at least 15 days prior to the stipulated discontinuance date.
(k) Non-Chargeable Maintenance Items: There shall be no additional charges for:
AFMCAC 96-3
15 May 1996 52-79
(1) Replacement parts, unless such parts are required due to the fault or negligence of the Government.
(2) Preventive maintenance, regardless of when performed.
(3) Remedial maintenance which was requested during the principal period of maintenance and extension thereof specified in the contract, regardless of when the maintenance is performed.
(4) Time spent by maintenance personnel after arrival at the site awaiting the arrival of additional maintenance personnel and/or delivery of parts, etc., after a service call has commenced, and such maintenance personnel are not actually performing any maintenance service.
(l) Preventive Maintenance
(1) Leased Equipment: Preventive maintenance shall be performed during the Government's principal period of maintenance and extension thereof or periods contiguous thereto. The contractor shall specify in writing the frequency and duration of the preventive maintenance required for the
equipment listed in the schedule. If a mutually agreed upon schedule for preventive maintenance cannot be established, the Government reserves the right to specify the schedule for performance of preventive maintenance, subject to the time constraints above.
(2) Purchased Equipment: The
contractor shall specify in writing the frequency, duration and
quality of preventive maintenance. The quality shall be comparable
to that provided by the contractor for identical leased equipment.
The schedule for preventive maintenance shall be established
in accordance with the provisions above.
5352.239-9004 Task Change Proposals (FIP Resources)
As prescribed at 5339.001-90(e),
insert the following clause, substantially as written, in Section
I of solicitations and contracts:
(a) The Contracting Officer (CO) may at any time, in writing, request the Contractor to prepare and submit a Task Change Proposal (TCP) per data line item _____ of the CDRL.
(b) Any Contractor TCP shall set forth a "not to exceed" (NTE) price and delivery adjustment or a "not less than" price and delivery adjustment, acceptable to the Contractor if the Government subsequently orders such TCP. If ordered, the equitable increase shall not exceed, nor shall the equitable decrease be less than, such "not to exceed" or "not less than" amounts. Concurrently with the submission of any TCP under this contract in which the
proposed aggregate cost is $500,000 or greater, the Contractor shall submit to the Contracting Officer a completed SF 1411, Contract Pricing Proposal Cover Sheet or a completed SF 1448, Proposal Cover Sheet (Cost or Pricing Data Not Required). At the time of agreement upon the price of the TCP, the Contractor shall submit a signed Certificate of Current Cost or Pricing Data.
(c) The TCP shall be submitted within 30 days after receipt of the written request.
AFMCAC 96-3
15 May 1996 52-80
(d) The contractor shall not
proceed with changed tasks until or unless such changes are contractually
incorporated pursuant to the "Changes" clause of the
contract.
5352.239-9005 Liquidated Damages Hardware/Software (FIP Resources)
As prescribed at 5339.001-90(f),
insert the following clause, substantially as written, in Section
I of solicitations and contracts:
(a) As an alternative remedy
to the Default clause, FAR 52.249-8, it is agreed the fixed rates
specified below may be assessed as damages by the Government for
Contractor's failure to install equipment (hardware) or software
within the time and under the conditions as specified elsewhere
in this contract. Such damages as may be assessed must be liquidated
from amounts obligated by the issuing Contracting Officer (CO).
Damages may accumulate for a period up to 180 days provided the
amount to be liquidated does not exceed the total amount of the
ordering instrument, damages must be accumulated for delays in
the installation using the following formula:
For each calendar day beyond
the installation date, damages must be 1/30th of the total monthly
charge if leased. If purchased, damages must be 1/30th of the
monthly maintenance charge plus 1/720th of the purchase price.
(b) Suitable substitutes of temporary equipment may be used to avoid liquidated damages if that is acceptable to the order issuing CO. In such event, no price adjustments are contemplated, except when less costly substitute equipment is used longer than the number of days specified in paragraph (a) above. Nonetheless, failure to include all special features and accessories with substitute equipment, as contemplated by the delivery order, must be cause for damages as provided above.
(c) Relief from liquidated
damages must be granted if delays are for those circumstances
as stated in paragraph (c) of FAR 52.249-8, the Default clause.
5352.239-9006 Contractor Furnished Software (FIP Resources)
As prescribed at 5339.001-90(g),
insert the following clause, substantially as written, in Section
I of solicitations and contracts:
(a) The Contractor must furnish the software, with a perpetual license, required by this contract and must support and maintain such software during the term of the contract. The Contractor support provided must include correction of errors and installation of modifications and improvements that the original manufacturer may develop. All later versions of the software and associated documentation must be installed by the Contractor. The Government
AFMCAC 96-3
15 May 1996 52-81
must be provided full documentation of all changes and/or modification to the software provided to meet the Government's requirements. All Contractor-sponsored modifications will be subject to approval by the Government.
(b) The Contractor agrees to make available to the Government any other software which the original manufacturer has announced or may announce in the future, for general use with the type of equipment ordered under this contract. Any software for equipment ordered under this contract shall be offered to the Government when it becomes available from the original equipment manufacturer. If such software is offered without charge to other customers using the same type of equipment, it must be made available to the Government without additional charge, within 60 days of the offer to other customers.
(c) In addition, any upgrades
to the software currently provided under the contract for use
on the equipment provided under the contract shall be offered
to the Government when it becomes available from the original
equipment manufacturer. The software shall be provided to current
and subsequent users under this contract in accordance with the
price(s) stated in Section B of the contract.
5352.239-9007 Contractor-sponsored Modifications (FIP Resources).
As prescribed at 5339.001-90(h),
insert the following clause, substantially as written in Section
I of solicitations and contracts:
(a) The Government shall have the option to have all Contractor or OEM sponsored Engineering Change Authorizations (ECAs), which are available at the time of installation or are later offered, incorporated into the equipment covered by this contract.
(b) The Contractor shall notify the Contracting Officer of all such changes prior to commencing any modification. All Contractor/OEM sponsored modifications, except changes required to correct safety hazards, which may impact on system performance or the performance of any attached devices not supplied under this contract, shall be submitted for approval to the Contracting Officer and the Contractor shall not commence the modification unless, and until, the Contracting Officer grants approval. In the event a modification is made to correct a safety hazard and such a modification results in a degraded system performance, the Contractor shall provide, at the sole discretion of the Contracting Officer, either any additional equipment or software necessary to bring the system up to its former performance level at no cost to the Government or propose a price credit for the reduced performance capability. The proposed price credit shall be based upon the costs that the contractor would expect to incur to bring the system up to its former performance level. The Contracting Officer shall determine which alternative will be implemented.
(c) The Contracting Officer shall provide 30 days for Contractor-sponsored modifications(s) after being notified by the Contractor that the modification is ready to be made.
AFMCAC 96-3
15 May 1996 52-82
(d) All modifications, that
are approved by the Contracting Officer shall be accomplished
at the site unless otherwise authorized by the Contracting Officer.
(End
of Clause)
5352.239-9008 Contractor site preparation (FIP Resources).
As prescribed at 5339.001-90(i),
insert the following clause, substantially as written in Section
I of solicitations and contracts:
(a) The contractor shall prepare the designated site for equipment installation and in accordance with the Site Preparation Plan Exhibit ___, CDRL ______, submitted by the Contractor and approved by the Government. All costs associated with site preparation shall be considered to be within the current requirements of the contract and shall not be used as a basis for equitable adjustment.
(b) The Government shall inspect the site within five (5) work days from receipt of written notice from the Contractor that the site preparation work is complete.
(c) Within 48 hours of completion of the site inspection, the Government shall notify the Contractor in writing whether the site is in compliance with the plan. If the site does not comply with the approved plan, all site deficiencies and corrective action required shall be included in the written statement. The Contractor shall ensure the site will be available for the purpose of the installation at least 30 calendar days prior to the installation date required in Section F.
(d) If the Contractor delays
preparation of the site, resulting in a delay of installation,
liquidated damages shall apply as provided in the clause entitled
"Liquidated Damages Hardware/Software (FIP) Resources.
(End
of Clause)
5352.239-9009 Government site preparation (FIP Resources).
As prescribed at 5339.001-90(j)
insert the following clause, substantially as written in Section
I of solicitations and contracts:
(a) The Government shall prepare the site at its own expense and in accordance with the plans submitted by the contractor and approved by the Contracting Officer.
(b) During the Government's normal working hours, the contractor shall inspect the site within five (5) working days from receipt of written notice form the Government that the site preparation is completed.
AFMCAC 96-3
15 May 1996 52-83
(c) If, in the opinion, of the contractor the site is not prepared in accordance with the approved plans, the contractor shall notify the Contracting Officer within 48 hours in writing of site deficiencies and corrective action required. Written notice shall be given by the contractor when inspection shows that the site preparation work has been completed in accordance with the detailed site plan furnished by the contractor.
(d) During the Government's
normal working hours, the Government shall provide the contractor
access to the site, for the purpose of installing the equipment,
at least five (5) days prior to the installation date.
(End
of Clause)
5352.239-9010 Computation of fractional charges (FIP Resources).
As prescribed at 5339.001-90(k)
insert the following clause, substantially as written in Section
I of solicitations and contracts:
(a) Rental (if applicable) and maintenance charges for fractions of a calendar month shall be computed at the rate of 1/30 of the monthly rental and maintenance charge for each calendar day.
(b) Systems Analyst Support, On-site Maintenance, and other labor charges for fractions of a calendar month shall be computed at the rate of 1/21 of the monthly rate for each calendar day worked.
(c) Charges for fractions of a five-day week shall be computed at the rate of 1/5 of the weekly rate for each day worked.
(d) Charges for fractions of an eight-hour day shall be computed at the rate of 1/8 of the daily rate for each hour worked.
(e) Charges for fractions of
an hour shall be computed at the rate of 1/4 of the hourly rate
for each 1/4 of an hour or part hereof.
(End of Clause)
5352.239-9011 Programming aids (FIP Resources).
As prescribed at 5339.001-90(l)
insert the following clause, substantially as written in Section
I of solicitations and contracts:
PROGRAMMING AIDS
(FIP RESOURCES) (DEC 1995)
The Contractor shall make available
to the Government, without charge, any other programming aids
for the type of equipment supplied under this contract, other
than those aids specified herein which the manufacturer has announced
or which the manufacturer may make available in the future for
general use, as furnished to other customers without charge.
The programming aids shall be delivered with the associated equipment.
(End
of Clause)
AFMCAC 96-3
15 May 1996 52-84
5352.243-9000 Advance Change Adjustment Agreements.
According to 5343.205-90, insert
the following clause in Section H of solicitations and contracts
substantially as written:
(a) Purpose. This clause establishes a procedure by which the parties agree to change this contract according to the Changes clause of this contract without an equitable adjustment to the contract price as specified in this subparagraph. The parties agree that each change not exceeding $_________, which also does not affect the contract delivery or performance schedules or any other contract provision, shall be a change having no effect on the contract price. For cost contracts, there will be no fee adjustment for each change not exceeding $_________ which does not affect contract delivery or performance, or any contract provision.
(b) Procedure. When it is proposed to make a change under the Changes clause and both parties agree that such a change will require no equitable adjustment as contemplated by subparagraph (a) of this clause, the contractor shall submit a written proposal or offer to accomplish the proposed change without an equitable adjustment. If the contracting officer determines no adjustment is necessary, the contractor's proposal may be accepted by issuing an executed copy of an AFMC Form 702 or SF 30. The modification shall (1) be issued under the Changes clause; (2) cite this clause; (3) reference the
contractor's proposal or offer;
and (iv) direct the changes to be made. The issuance of the modification
shall constitute acceptance of the contractor's proposal or offer,
shall be binding on both parties, and shall be a full, complete
and final settlement for the directed changes.
5352.243-9001 Work Requests (Severable)
As prescribed at 5343.290-1(o),
insert the following clause in section I in solicitations and
contracts that will use severable work requests.
(a) Ordering of additional work. the following procedure will be used to order additional work of the type covered by contract line item(s)(CLINs) * of the contract. such work will be called for by the issuance of work requests. It is agreed that work requests may be issued at the sole option of the contracting officer during the term of the contract, and that the government has no obligation to issue any such work request. Prior to the issuance of a work request, the contractor shall propose, in writing, a firm price or a not-to-exceed amount and delivery schedule for the work contemplated. The contractor shall not proceed with the work until the price is negotiated and the contracting officer has provided written authorization to proceed. However, whenever the contracting officer determines that it is in the best interest of the government not to delay performance of the work, he or she may specify in the work request that the contractor is authorized to proceed, subject to the not-to-exceed amount. Within sixty (60) days after receipt of such a work request, the parties shall negotiate a firm price and
AFMCAC 96-3
15 May 1996 52-85
delivery schedule for the work ordered, and the contract shall be amended accordingly by supplemental agreement.
(b) Work requests issued under paragraph (a) above shall:
(1) Be issued on Standard Form 30 or AFMC Form 702;
(2) Bear the number of the contract;
(3) Be serially numbered, dated, and signed by the contracting officer;
(4) Refer to the contract line item under which the work request was issued;
(5) Describe the work to be performed; and
(6) Set forth the price and delivery schedule therefor.
(c) The terms and conditions
of the contract shall be applicable to work requests issued under
this clause. Failure to agree upon a reasonable price shall be
considered a "dispute concerning a question of fact"
within the meaning of the clause of this contract entitled "Disputes."
Amendments to work requests may be issued subject to the same
conditions as the original work request. The term "work"
as used herein may include both supplies and services to the extent
covered by the referenced contract line item.
* Specify applicable CLIN(s).
5352.243-9002 Not-To-Exceed/Not-Less-Than Agreements.
As prescribed at AFMCFARS 5343.205(92),
insert the following clause or alternate in Section I in all Firm-Fixed-Price
(FFP) solicitations and contracts, when the issuance of change
orders is anticipated.
(a) Prior to the issuance of a change order under this FFP contract, the contractor shall promptly furnish, upon request of the contracting officer, written agreement as to the maximum (in the case of an increase) adjustments*
to the contract price and/or in
the delivery schedule (or time of performance), caused by the
change.
* Or in the case of a reduction,
a not-less-than amount for the price.
(b) The contracting officer
will also solicit such agreement on limitations to the adjustments
or to any other provisions of the contract which may be subject
to equitable adjustment by reason of the change. Any such written
agreement shall then be cited in the change order and, upon its
issuance, shall be a binding part of the contract. In no event
shall the definitive equitable adjustment exceed the delivery
schedule (or time of performance) adjustments so established.
All costs associated with the change order shall be segregated
from other contract costs until the change order has been definitized.
Except with respect thereto, nothing contained herein shall affect
the rights of the parties to an equitable adjustment by reason
of the change, pursuant to the "Changes" clause.
AFMCAC 96-3
15 May 1996 52-86
Alternate I (JUN 1996). As
prescribed at AFMCFARS 5343.205(92), if a Fixed-Price-Incentive-Firm
(FPIP) solicitation or contract is to be used, substitute the
following paragraph (a) for paragraph (a) in the basic clause.
(a) Prior to the issuance of
a change order under this FPIP contract, the contractor shall
promptly furnish, upon request of the contracting officer, written
agreement as to the maximum (in the case of an increase) adjustments*
to the contract target price and ceiling price and/or in the delivery
schedule (or time of performance), caused by the change.
* Or in the case of a reduction,
a not-less-than amount for the target price and ceiling price.
Alternate II (JUN 1996). As
prescribed at AFMCFARS 5343.205(92), if a Cost-Plus-Incentive-Fee
(CPIF) solicitation or contract is to be used, substitute the
following paragraph (a) for paragraph (a) in the basic clause.
(a) Prior to the issuance of
a change order under this CPIF contract, the contractor shall
promptly furnish, upon request of the contracting officer, written
agreement as to the maximum (in the case of an increase) adjustments*
to be made in both the target cost and the target fee, and/or
in the delivery schedule (or time of performance), caused by the
change.
* Or in the case of a reduction,
a not-less-than amount for both the target cost and the target
fee.
Alternate III (JUN 1996).
As prescribed at AFMCFARS
5343.205(92), if a Cost-Plus-Fixed-Fee (CPFF) solicitation or
contract is to be used, substitute the following paragraph (a)
for paragraph (a) in the basic clause.
(a) Prior to the issuance of
a change order under this CPFF contract, the contractor shall
promptly furnish, upon request of the contracting officer, written
agreement as to the maximum (in the case of an increase) adjustments*
to be made in both the estimated cost and fixed fee, and/or in
the delivery schedule (or time of performance), caused by the
change.
* Or in the case of a reduction,
a not-less-than amount for both the estimated cost and the fixed
fee.
Alternate IV (JUN 1996). As
prescribed at AFMCFARS 5343.205(92), if a Cost-Plus-Award-Fee
(CPAF) solicitation or contract is to be used, substitute the
following paragraph (a) for paragraph (a) in the basic clause.
(a) Prior to the issuance of
a change order under this CPAF contract, the contractor shall
promptly furnish, upon request of the contracting officer, written
agreement as to the maximum (in the case of an increase) adjustments*
to be made in both the estimated cost and base fee and/or in the
delivery schedule (or time of performance), caused by the change.
* Or in the case of a reduction,
a not-less-than amount for both the estimated cost and base fee.
AFMCAC 96-3
15 May 1996 52-87
5352.244-9000 Deletion of Advance Notification/Consent Requirement for Subcontracts
As prescribed at 5344.204(b)(91)
insert the following clause substantialy as written in Section
I of solcitations and contracts:
Paragraphs (a) and (b) of FAR 52.244-2 do not apply to the following subcontracts, which were evaluated during negotiations: [list subcontracts].
This clause shall in no way relieve
the contractor of any responsibility for performing this contract;
shall not create any obligation of the Government to, or privity
with, these subcontractors; shall be without prejudice to any
right or claim of the Government under this contract; and shall
not constitute a determination of the acceptability of the subcontract
terms or conditions or the allowability of any costs under this
contract. Any request for consent to subcontract for subcontracts
not listed above must be processed through the cognizant administrative
contracting officer as required by the "subcontracts"
clause.
5352.244-9001 Request for Deletion of Advance Notification/Consent Requirement for Subcontracts
As prescribed at 5344.204(b)(92)
insert the following provision substantially as written in Section
L of solicitations:
If a waiver from contracting officer
(CO) consent to subcontract is desired at time of contract award
for those subcontracts that require award within 90 days after
prime contract award, indicate this in your proposal transmittal
letter. In addition to any required subcontractor cost and pricing
data and the requirements of FAR 52.244-2 (b)(2), the following
information per FAR 44.202-2 must be provided in your cost proposal
for each subcontract requiring consent:
(1) Justify the need for early
CO consent to subcontract.
(2) Describe how the decision
to subcontract is consistent with your approved make-or-buy program,
if applicable.
(3) Is the subcontract for special
test equipment or facilities? If so, are they available from
government sources?
(4) Explain how selection of
the particular supplies, equipment, or services is technically
justified.
(5) Describe how you have complied
with the prime contract requirements regarding labor surplus area
or small business subcontracting including, if applicable, your
plan for subcontracting with small business concerns and small
disadvantaged business concerns.
(6) Was adequate price competition
obtained? If not, properly justify its absence. If so, describe
how.
AFMCAC 96-3
15 May 1996 52-88
(7) Were any subcontractors'
alternate proposals offered? If so, what was the disposition
of these alternate proposals?
(8) What is your basis for selecting
and determining the responsibility of the particular subcontractor?
(9) How is the proposed subcontract
type appropriate for the risks involved?
(10) Describe what consideration
will be obtained for any proposed subcontract that will involve
the use of government-furnished facilities.
(11) Describe how you translated
prime contract technical requirements into subcontract requirements.
(12) How did you comply with
applicable cost accounting standards for awarding the subcontract?
(13) Is the proposed subcontractor
on the List of Parties Excluded from Federal Procurement and
Nonprocurement Programs?
(14) Do you have an ACO approved
purchasing system?
Following review of the technical
proposal and the above requested information, the Government will
determine if CO consent to subcontract can be waived at contract
award. If the Government elects to award without discussion and
sufficient information and/or adequate justification is not provided
to allow for CO consent to subcontract, award will be made without
a waiver for consent to subcontract and the consent will have
to be processed through the administrative contracting officer.
AFMCAC 96-3
15 May 1996 52-89
5352.245-9000 Base support.
As prescribed at 5345.106-90,
insert a provision similar to the following in Section H of solicitations
and contracts:
Base support will be provided by the Government to the contractor in accordance with the provisions of this clause. Failure by the contractor to comply with the provisions of this clause will release the Government, without prejudice, from its obligation to provide base support by the date(s) required. If warranted, and if the contractor has complied with the provisions of this clause, an equitable adjustment will be made if the Government fails to provide base support by the date(s) required.
(a) Base support includes Government-controlled working space, material, equipment, services (including automatic data processing), or other support (excluding use of the Defense Switched Network (DSN)) which the Government determines can be made available at, or through, any Air Force installation where this contract will be performed. All Government property in the possession of the contractor, provided through the base support clause, will be used and managed in accordance with the Government Property clauses.
(b) The Air Force installations providing the support will be listed in subparagraph (e), and the Government support to be furnished by each installation under this contract will be listed in subparagraph (f).
(c) Unless otherwise stipulated in the contract schedule, support will be provided on a no-charge-for-use basis and the value will be a part of the Government's contract consideration.
(d) The contractor agrees to immediately report (with a copy to the cognizant CAO) inadequacies, defective Government Furnished Property (GFP) or nonavailability of support stipulated by the contract schedule, together with a recommended plan for obtaining the required support. The Government agrees to determine (within 10 workdays) the validity and extent of the involved requirement and the method by which it will be fulfilled (e.g., purchase, rental, lease, GFP, etc.). Facilities will not be purchased under this clause. Additionally, the contractor (or authorized representative) will not purchase, or otherwise furnish any base support requirement provided by the clause (or authorize others to do so), without prior written approval of the Contracting Officer regarding the price, terms, and conditions of the proposed purchase, or approval of other arrangements.
(e) Following are installations where base support will be provided: (list installations) ____________________________________________________.
(f) The Government support
to be furnished under this contract is (list support items) __________________________________________________________.
Because of the nature and location(s) of the work performed,
the value of such equipment is undeterminable. The contractor
shall not incur any cost resulting from nonsupport prior to Contracting
Officer concurrence in accordance with this clause.
AFMCAC 96-3
15 May 1996 52-90
Alternate I (JUL 1992). As prescribed in 5345.106-90(b), add the following paragraph (g) to the basic clause:
(g) When this contract is a
cost, cost-reimbursement, time-and- material, or labor-hour contract,
the contractor agrees that in the performance of this contract
or any major subcontract no direct or indirect costs for property
will be incurred, if the Government determines that property is
available at, or through any Air Force installation where this
contract will be performed. Only the prior written approval of
the contracting officer can relieve the contractor from this restriction.
Alternate II (JUL 1992). As prescribed in 5345.106-90(c), substitute the following paragraph (f) for paragraph (f) of the basic clause:
(f) If possible, reach support
understandings during basic contract negotiations and include
in the contract. If, before award, the exact support requirements
are unknown, establish the basis of price in the proposal and
include them in the contract. The contractor agrees to request
written authorization from the contracting officer or support
not later than 90 days before the required in-place dates at each
Air Force installation, and immediately for any required changes.
The contracting officer will issue timely written authorization
to a contractor's request. Concurrently send support authorization
to ACO or to CAO if redelegated to the Air Force installation
where the support is provided.
5352.245-9001 Title to Equipment
As prescribed at AFMCFARS 5345.106(b)(3)
or at AFMCFARS 5345.106(f)(2), insert the following clause in
Section I of solicitations and contracts:
Title to equipment having a
unit acquisition cost of $5,000 or more may, at the election of
the contracting officer: (1) Vest in the contractor upon acquisition
without further obligation to the government. (2) Vest in the
contractor subject to a right of the government to direct transfer
of title to the government or to a third party within twelve months
after completion or termination of this contract. (Any transfer
of title back to the government or to a third party shall not
be the basis for any claim by the contractor.) (3) Vest in the
government if the contracting officer determines that vesting
of title in the contractor would not further the objectives of
the government research program.
AFMCAC 96-3
15 May 1996 52-91
5352.245-9002 Title to Equipment (Facilities Use)
As prescribed at AFMCFARS 5345.302-6(e)(2),
insert the following clause in Section I of solicitations and
contracts:
Title to equipment having a
unit acquisition cost of $5,000 or more shall vest in the government.
At any time during the term of this contract, or at contract
completion or termination, the contracting officer may elect (1)
to transfer title to equipment to the contractor without further
obligation to the government; or (2) transfer title to the contractor
subject to a right of the government to direct transfer of title
to the government or to a third party within twelve months after
completion or termination of this contract. Any transfer of title
to the government or to a third party shall not be the basis for
any claim by the contractor.
5352.245-9003 Contractor Responsibility For GFP
As prescribed in 5345.106(h),
insert the following clause in Section I of solicitations and
contracts:
Upon delivery and acceptance of
(insert clins) , accountability for this material shall
be transferred immediately to the contractor as government-furnished
property-as is (pursuant to FAR 52.245-19), intended for use by
the contractor in (cite the applicable line items in which
the material will be incorporated or reference the specification
or statement of work paragraph to be accomplished). The contractor
shall be liable for damage and/or protection of the GFP to the
extent required by (cite the applicable government property
clause incorporated in the contract). In no event will this
material be the basis for a claim of unsuitable government-furnished
property.
5352.245-9004 Elimination of Competitive Advantage in the Use of Government Production and Research Property
As prescribed in 5345.205-90(d),
insert the following provision in Section L of solicitations:
a. Unless otherwise specified in this solicitation or attachments, the government does not plan to furnish any facilities, special tooling, special test equipment or other government production and research property for use in the performance of the contract resulting from this solicitation.
b. The government may, however, authorize such use in accordance with FAR 45.3. To use existing government production and research property in the performance of this proposed contract, a copy of the cognizant contracting
AFMCAC 96-3
15 May 1996 52-92
officer's written concurrence with such use must be furnished to the government as a part of the response to this solicitation. Your proposal must include a listing of government property you desire to use in the performance of the proposed contract, including the following information for each item: nomenclature, date of purchase, acquisition value, number of months of contemplated use (identify first, last, and all intervening months), rental fee, if applicable, and the copy of the contracting officer's written concurrence for such use.
c. In the event that permission for such use of government property is not authorized and the contractor must furnish the property to perform the contract, identify the total cost impact, if any, to the proposed price.
d. An evaluation factor as
set forth in FAR 45.202 will be used to eliminate any competitive
advantage from the use of such property unless the contracting
officer determines that the use of an evaluation factor would
not affect the choice of contractor.
5352.245-9005 Authorization for the Acquisition or Fabrication of Facilities
As prescribed in 5345.302-6(90),
insert the following clause in Section I of solicitations and
contracts:
The facilities listed below are
hereby authorized for acquisition or fabrication by the contractor
for use under this contract without further approval, provided,
however, that the contractor shall furnish written notification
to the administrative contracting officer at the time of such
acquisition or the start of such fabrication. This authorization
shall not obligate the government to reimburse the contractor
for any costs incurred in excess of the estimated cost* set forth
below:
Description Total Estimated Cost
$
* substitute "sum allotted
in accordance with the limitation of funds clause" for "estimated
cost" when the contract is incrementally funded.
AFMCAC 96-3
15 May 1996 52-93
5352.245-9006 Government Furnished Property (GFP)
As prescribed at 5345.106(i),
insert the following contract clause in Section I substantially
as follows in solicitations and contracts:
Pursuant to the Government Property
clause herein, the Government will furnish the item(s) of property
listed below as Government Furnished Property (GFP) to the contractor,
F.O.B. _________, for use in performance of this contract. Upon
completion of the contract, the contractor will obtain disposition
instructions from the Government Property Administrator of the
activity having responsibility for administration of the contract.
ITEM NR
NSN NOUN PART NO QTY DELIVERY
DATE
5352.245-9007 Disposition Of Residual Government Property
As prescribed at 5345.106(l),
insert the following contract clause in Section I substantially
as follows in solicitations and contracts:
The contract prices for line item(s)
__________ includes a minimum lot charge for the following components:
NOUN
NSN P/N MIN. LOT SIZE
Prior to final government inspection/acceptance
of line item(s) _________ the contractor shall identify to the
Administrative Contracting Officer (ACO) material remaining from
these minimum lot size buys not fully consumed by production of
line item(s) _________ or scrappage. The contractor shall be
responsible for packing, preservation, and all other costs associated
with preparing this residual government property for shipment.
5352.245-9008 Rent-Free use of government-owned property.
As prescribed at 5345.404-90,
insert the following clause in Section I of solicitations and
contracts (Required to implement FAR 45.404A.)
The contractor is authorized to use in the performance of this contract on a rent-free, non-interference basis the government-owned property identified below, made available during the periods set forth below.
AFMCAC 96-3
15 May 1996 52-94
ITEM PERIOD AVAILABLE_________________
________________________________________________________________________
________________________________________________________________________
5352.245-9009 Rental use and charges of government-owned property.
As
prescribed at 5345.403-90, insert the following clause in Section
I of solicitations and contract:
The contractor is authorized to use in the performance of this contract on a rental basis the government-owned property identified below, made available during the periods set forth below. Rental charges, as set forth in Section B, are allocated based on direct labor hours incurred as specified in the clause "Use and Charges" FAR 52.245-9.
ITEM PERIOD AVAILABLE____________
________________________________________________________________________
________________________________________________________________________
5352.245-9010 Evaluation Of Bids/Proposals Including Use Of Government Furnished Tooling Or Test Equipment.
As prescribed at 5345.306-5(90)(1),
insert the following provision in Section M of solicitations substantially
as follows:
For the purpose of evaluation of bids/proposals the estimated cost of packaging the tools listed in the schedule and transportation of said tools to the contractor will be added to the bid/proposal price.
AFMCAC 96-3
15 May 1996 52-95
5352.245-9011 Use Of Special Tooling/Special Test Equipment On A Non-Interference Basis.
As prescribed at 5345.306-5(90)(2),
insert the following clause in Section I of solicitations and
contracts substantially as follows:
The contractor is authorized to
use during the performance of this contract on a rent-free, non-interference
basis, the special tooling and special test equipment identified
______*_____. Non-interference means that use of the special
tooling and/or test equipment will not interfere with the performance
of the contract under which the property is accountable.
* Specify where the special tooling
and/or test equipment is identified or state "below"
and list the items. List the contractor number under which the
items are accountable.
5352.245-9012 Special Test Equipment.
As prescribed at 5345.307-3(90),
insert the following clause in Section I of solicitations and
contracts substantially as follows:
The contract price/estimated cost
/target cost * includes all special test equipment required for
performance, including those items to be fabricated or acquired
for the Government's account under this contract, as listed below
or as identified in Attachment ____**_____ to this contract.
* Delete inapplicable words.
** List special test equipment
to be fabricated or acquired, or complete attachment number.
5352.245-9013 Special Tooling/Special Test Equipment List.
As prescribed at 5345.306-5(90)(3),
insert the following clause in Section I of solicitations and
contracts substantially as follows:
The contract price includes the price of any special tooling/or special test equipment (including that pertaining to support equipment) whether to be fabricated or acquired by the contractor (title to remain in the contractor's name) or to be fabricated or acquired for the Government's account as identified in Attachment_____*_____. Prior to fabrication or acquisition (without regard as to whether title shall vest in the Government or contractor) of any special tooling or test equipment with an acquisition cost in excess of $1,000 (except for jigs, dies, molds, patterns, and special taps), the contractor shall submit an itemized list including the proposed
AFMCAC 96-3
15 May 1996 52-96
cost of such special tooling and/or test equipment to the contracting officer for review as to availability within Government resources. In the event the Government elects within ____**____ days of the receipt of such list to
provide the identified special
tooling and/or test equipment as Government furnished property,
the contract price shall be subject to equitable adjustment downward.
This clause pertains to all special tooling and test equipment
necessary throughout the life of the contract.
* Specify the attachment number.
* * Specify the number of days.
5352.245-9014 Government Furnished Tooling.
As prescribed at 5345.306-5(90)(4),
insert the following clause in Section I of solicitations and
contracts substantially as follows:
(a) Pursuant to the Government property clause herein, the Government will furnish the tooling as set forth in the tooling/test equipment list attached and/or listed below, to the contractor for use in the performance of the contract. If any tooling is identified as master tooling it must be used in the manufacture of the item(s) in this solicitation or contract. By submission of a bid/offer, the contractor certifies that the master tooling listed herein will be used to manufacture the item(s), as designated in the tooling/test equipment list.
(b) Requisitioning documentation for the tooling will be prepared by the Government. The tools will be shipped to the successful offeror at the Government's expense.
(c) If FAR 52.245-19, Government Property Furnished "As Is", is included in this contract, it does not apply to any master tooling provided.
(d) The contractor shall notify the contracting officer if the listed tooling is not received within ______ days after award. Day for day adjustments to the contract delivery schedule will be made for late delivery of the tooling, provided the Government receives notification within 5 days after the due date. Failure to notify the Government within 5 days after non-receipt of the tooling constitutes waiver of a claim for contract delivery date or price adjustment resulting from the late notification to the Government. However, further Government delays after notification may be subject to delivery date or price adjustment.
(e) The contractor shall request
tooling disposition instructions in writing from the contracting
officer when the tooling is no longer needed but not later than
60 after the last item on the contract has been shipped. A copy
of the request shall be provided to ________.
The request for disposition instructions
must include:
(1) List of tools by tool number
(2) The part number of the item on which the tools are used
AFMCAC 96-3
15 May 1996 52-97
(3) Contract number under which the tools were used
(4) The date by which the tools could be ready to ship
(5) Any related packing, crating,
or handling costs proposed for the service
(f) Tooling/Test Equipment List:
CLIN
TOOL ID TOOL CODE MPN QTY MASTER
(Y/N)
5352.245-9015 Government Furnished Property/Contractor Requisitioning
As
prescribed at 5345.106(j), insert the following clause in Section
I of solicitations and contracts if the contractor is authorized
to prepare requisitioning documentation:
Pursuant to the Government Property
clause herein, the Government will furnish the item(s) of material
or property listed below as Government Furnished Property (GFP)
to the contractor for use in performance of this contract. Requisitioning
documentation for the GFP will be prepared by the contractor.
The contractor shall submit written requisitions, in accordance
with DOD 4000.25-1-M, Military Standard Requisitioning and Issue
Procedures (MILSTRIP).
ITEM NR
NSN NOUN PART NO QTY
5352.245-9016 Maintenance of Government Furnished Property
As
prescribed at 5345.106(k), insert the following clause in Section
I of solicitations and contracts if the contractor is authorized
to prepare requisitioning documentation:
(a) The contractor shall maintain
the following items of GFP while in its possession and is authorized
to use the MILSTRIP system to requisition parts from DoD supply
sources in accordance with DOD 4000.25-1-M, Military Standard
Requisitioning and Issue Procedures (MILSTRIP), in order to provide
such maintenance:
(b) The contractor's authorization
to use the MILSTRIP system will terminate on ______________.
The contractor shall requisition only those items necessary for
performance of this contract and shall return all excess items
AFMCAC 96-3
15 May 1996 52-98
using normal MILSTRIP return procedures unless other instructions are provided by the Government.
(c) The contractor's shall enter ___________ as the project code in card columns 57-59 On DD Form 1348, DoD Single Line Item Requisition System Document, for all MILSTRIP requisitions submitted in support of this contract. In addition, the following fields shall be completed as follows: in card columns 45-50 of the DD Form 1348 as follows, enter a "Y" in column 45, the last digit of the contract year in column 46 and the last four characters of the contract number in columns 47-50 (if this field is already filled, use columns 71-76 or, alternately, the "REMARKS" section of the DD Form 1348); enter _________ as the advice code in columns 65-66; _________ as the signal code in column 51; and _________ as the fund code in columns 52-53. The contractor shall use Requisition Priority Designators as assigned by the Contract Administration Office (CAO) for each MILSTRIP requisition submitted.
(d) The contractor shall submit all MILSTRIP requisitions to the CAO representative at the contractor's plant. The CAO will approve or reject the contractor's MILSTRIP requisition.
(e) The contractor may flow-down authorizations to use the MILSTRIP system to subcontractors(s) but only after prior written approval of the contracting officer, where upon the same provisions and restrictions contained in this contract will apply to the subcontractor(s).
(f) Additional guidance may be found in AFM 67-1, Volume I, Part One or DODI 4140.48.
(g) Rejected or unavailable
requisitioned items will be added to contractor-furnished items,
in which event the contractor shall promptly notify the contracting
officer and the contract price, as appropriate, shall be subject
to equitable adjustment.
5352.245-9017 Government Furnished Information
As
prescribed in 5345.310-92, insert the following clause in Section
I of solicitations and contracts:
The Government will provide the
items listed below to the contractor by the specified date:
DATE(S) TO BE SUPPLIED
DESCRIPTION OF DATA FROM TO
*
AFMCAC 96-3
15 May 1996 52-99
5352.246-9000 Material Inspection and Receiving Report (OMB No 0704-0248).
As prescribed in 5346.370(90),
insert language substantially the same as the following in Section
E of solicitations, contracts, and Basic Ordering Agreements.
Appropriate addresses for paragraphs (1), (2), and (3) shall
be included in the individual BOA orders. When there are no additional
distribution requirements for paragraph (3), "not applicable"
is to be inserted in the fill-in-space.
(a) As specified by DFARS,
Appendix F, Table 2, a copy of DD Forms 250 shall be forwarded
to the following address:
(1) Forward the purchasing office copy to ___________________________.
(2) For shipments involving
Military Assistance Program (MAP), Grant Aid (GA), or Foreign
Military Sales (FMS) requirements, an additional copy shall be
sent to___________________________________________________________________________.
(3) Additional distribution of DD Forms 250 is to be made to the following address(es).
_____________________________________________________________________________.
_____________________________________________________________________________.
(b) These special instructions shall be included in any subcontract hereunder where the items purchased from the subcontractor are to be shipped directly to the U.S. Government or to a foreign destination.
(c) If delivery of MAP, GA,
or FMS items to foreign destinations is required, the copies of
DD Forms 250 required by DFARS, Appendix F, Table 2, shall be
forwarded to the "ship to" address designated in the
contract.
5352.246-9001 Correction of Supplies Accepted with Deficiencies
As prescribed at 5346.407(90)(6),
insert the following contract clause in Section E of solicitations
and contracts substantially as follows:
If during the performance of this
contract, the contracting officer (CO) determines that it is necessary
to accept supplies which are not fully compliant with the contract
(which includes but is not limited to deviations, waivers, shortages,
or un-incorporated Engineering Change Proposals (ECP)) or to accept
items for which full compliance has not been determined by the
successful completion of all required testing or inspections,
the contractor agrees to deliver said supplies at the direction
of the CO in accordance with the following:
AFMCAC 96-3
15 May 1996 52-100
(a) The contractor agrees to correct such deviations, waivers, shortages, or un-incorporated ECPs, as are listed in the CO's notification requiring delivery or in case where contract compliance has not been established before delivery, to correct any deficiencies revealed by the later completion of the required testing or inspections.
(b) If at the time of delivery the method of correction has not been determined, the contractor will proceed with all diligence to determine the required corrective action. As soon as the method of correction has been established by the contractor and approved by the Government, the contractor will proceed to comply therewith. If the CO determines that the items will not be returned to the contractor's plant for correction but that corrections will be accomplished at a government facility, the CO may elect to have government personnel in lieu of contractor personnel make the corrections using contractor-furnished materials (kits and/or raw material), in which event the contractor agrees to negotiate an equitable adjustment in the contract price for the work not accomplished by the contractor.
(c) Where deliveries have been made before completion of all testing or inspections, the contractor will notify the CO, in writing, upon completion of the testing or inspections of changes required to the delivered items and recommend proposed method(s), date(s) and location(s) for accomplishing all rework and/or parts replacement.
(d) Under this clause, a minimum of ten percent of the contract price of the items delivered will be withheld pending completion of required corrective actions.
(e) A revised contract delivery
schedule will be established in those instances where return of
reworked items to the Government is required. Additional transportation
costs resulting from reworking items shall be the responsibility
of the contractor unless the contract provides otherwise.
5352.246-9002 Inspection and Acceptance
As prescribed at 5346.401(90),
insert the following in Section E of solicitations and contracts:
(a) In accordance with FAR 46.401(b)
and 46.503, government Contract Quality Assurance (CQA)/Inspection
will be at:
_______________________________________________________________________
(Offeror, insert plant or other
source location(s))
and when applicable, final inspection
and acceptance will be at:
_______________________________________________________________________
(Offeror, insert packaging location
or address of other facility when final inspection and acceptance
will occur at sites other than above)
AFMCAC 96-3
15 May 1996 52-101
(b) Inspection and acceptance
of data will be in accordance with the Contract Data Requirements
Lists (CDRLs) attached hereto. In those instances where the symbol
"LT" appears in block 7 of the CDRL, the place for such
action will be at the office designated as the "Technical
Office."
5352.246-9003 Additional Inspection Requirements.
As prescribed at 5346.311(90),
insert a clause substantially the same as the following in Section
E of solicitations and contracts:
(a) Quality control sampling of completed end items produced under contracts resulting from this solicitation is not authorized. The contractor shall inspect, test or check each completed end item to the extent necessary to verify compliance with contract terms and conditions prior to submittal to the government for acceptance.
(b) The contractor will perform 100% inspection on all components/
assemblies using acceptance criteria in accordance with (insert applicable standard or specification). Lots will be formed in accordance with (insert applicable standard or specification). Lots shall be one day's or one week's production and may be identified as either stationary lots or moving lots for the purpose of sampling by the government.
(c) Whenever end item characteristics have been subject to prior inspection or in-process controls or are otherwise controlled by processing techniques, or procedures considered acceptable to the government quality assurance representative for ensuring conformance to the technical requirements of the contract, such characteristics need not be reinspected by the contractor at the point of final inspection/acceptance.
5352.247-9000 F.O.B. Origin, Freight Prepaid
As prescribed at 5347.303-4(c)(90)
insert the following clause in Section F of solicitations and
contracts:
(a) In accordance with FAR
52.247-32, F.O.B. Origin, Freight Prepaid, the specified F.O.B.
point is:
_______________________________________
_______________________________________
_______________________________________
(b) Shipment(s) under this contract shall be made with freight transportation costs prepaid by the contractor. Verify with the freight shipment company that rates for this/these shipment(s) are equal to or lower
AFMCAC 96-3
15 May 1996 52-102
that those used for U.S. government
shipments. If rates are not equal to or lower that those for
government shipments, contact the contracting officer for additional
instructions. Shipping charges are to be shown as a separate
item on the payment invoice. If the charges are $100 or more,
a copy of the freight charges invoice must be attached to the
payment invoice.
5352.247-9001 F.O.B. Origin, Transportation Instructions
As prescribed at 5347.303-4(c)(91),
insert the following clause in Section F of solicitation and contract:
(a) General:
(1) Failure to comply with transportation instructions herein or those provided by the cognizant Transportation Officer (CTO) may result in shipping charges not being fully reimbursed.
(2) Freight/shipping charges will be subject to verification for reimbursement.
(3) A copy of the carrier's freight/shipping bill or pickup report will be submitted with the invoice.
(4) Freight/shipping charges will be listed as a separate item on the invoice.
(5) Shipments will not be insured at Government expense unless directed by the CTO.
(b) Specific:
(1) APO Shipments. Mail prepaid through the United States Postal Service (USPS). Do not divide material into containers of 70 pounds or less for the purpose of meeting small package criteria. The contractor/shipper is required to contact the CTO, _______________________________________________,
at (AC) __-____, if the shipment exceeds size and weight limitations for the USPS. DO NOT USE UPS. If the priority designation is 01 through 08 use USPS priority mail. If priority is 09 through 15 use USPS fourth class mail.
(2) 0 - 70 Pounds and Within Size Limitations (Other than APO Shipments). Ship prepaid freight by the least costly small package service/carrier. The contractor will not divide the material into containers of 70 pounds or less for the purpose of meeting small package/parcel criteria.
(3) 0 - 70 Pounds and Not Within Size Limitations or 71 - 999 Pounds. Contractor/Shipper is required to contact the CTO (identified above) to obtain the low cost carrier information. The contractor must provide the following information: (a) number of packages, (b) dimensions, (c) gross weight per package, (d) any special handling requirements. Annotate the Bill of Lading, "Transportation under this tender is for the U.S. Department of Defense, and the actual total transportation charges paid to the carrier(s) by the consignor or consignee are assignable to and are to be reimbursed by the Government."
(4) 1,000 Pounds and Over. Contractor/Shipper is required to contact the CTO (identified above) at least 5 working days prior to shipment on less-than-truckload size shipments (less than 10,000 pounds) and 15 working days
AFMCAC 96-3
15 May 1996 52-103
prior to shipment on truckload shipments (10,000 pounds and over). The contractor must provide the same information as in paragraph 3, above, in addition to the date the shipment will be available for delivery.
(5) Shipment Not in the Above
Categories. For Air Freight Shipments, Hazardous Material,
Foreign Military Sales, or material requiring specialized equipment
or handling, contact the CTO for instructions.
5352.247-9002 Temporary Storage of FMS Munitions Items.
As prescribed at 5347.305-10(b)(94),
insert the following clause in Section F of the solicitation and
resultant contract:
When the clear text shipping
address and transportation instructions are not available to the
contractor at the time that munitions deliveries are accepted
by the U.S. Government on behalf of the FMS customer, the contracting
officer may authorize the company to ship in place, store in a
bonded storage area, and upon submission of proper invoice/DD
FORM 250, receive payment for units shipped. The requirement
for "Evidence of Shipment" shall be postponed until
after receipt of the clear text shipping instructions. The contractor
agrees to store and safeguard the units in bonded storage while
waiting for shipping instructions from the contracting officer
or cognizant country representative/freight forwarder at no increase
in contract price.
5352.247-9003 Marking of Warranted Items.
As prescribed at 5347.305-10(a)(95),
insert the clause, substantially as written, in Section D of solicitations
and contracts when the items to be delivered are covered by a
warranty.
In accordance with FAR 46.706(b)(5),
the contractor shall mark the items or otherwise furnish notice
with the items to show the existence of the warranty, its substance
and duration; and the name, address, and telephone number of the
person to notify if the supplies are found to be defective.
AFMCAC 96-3
15 May 1996 52-104
5352.247-9004 Commercial Bill of Lading Shipments - Carrier's Rates.
As prescribed in 5347.104-4(a)(90),
insert the following in Section F of the solicitation and resultant
contract:
Before making any shipment, the
contractor shall ensure that the proposed carrier offers acceptable
service at reduced rates under Interstate Commerce Commission
Section 10721, if available, or other rate schedule of equal or
lower rates. In order to comply with this requirement, the contractor
shall contact the transportation officer for this contract, as
identified by the Administrative Contracting Officer, for confirmation
that the proposed carrier's rates are no higher than those otherwise
available to the Government. The contractor shall separately
list the shipping costs on the invoice to the Government and attach
a copy of the carrier's billing. Failure to properly annotate
the invoice and provide a copy of the carrier's billing may result
in those costs not being reimbursed or only partially reimbursed.
5352.247-9005 Packaging for Inspection and Acceptance at Destination.
As prescribed at 5347.305-10(a)(94),
insert the following clause in Section D of the solicitation and
contract:
Items requiring inspection and
acceptance of material at destination must be preserved, packaged,
and packed so that all containers are capable of being opened
and resealed. The contractor shall be responsible for ensuring
that the material being supplied under this contract is provided
adequate physical protection to prevent corrosion or damage during
shipment and storage, unless the damage or deterioration is due
to fault of the government.
5352.247-9006 Bar Code Marking.
As prescribed at 5347.305-10(a)(96),
insert the following clause in Section D of solicitations and
contracts when the government requires marking using a bar coding
system.
All deliverables shall be marked
using a bar code system meeting the following criteria:
(a) Bar code and mark containers with: (The contracting officer shall specify the elements of the marking which are to be bar coded, e.g.: unit serial number, manufacturer name(s), original equipment manufacturer (OEM) name, OEM model number(s).).
(b) Bar code format shall conform
to bar code symbology format 39.
AFMCAC 96-3
15 May 1996 52-105
5352.247-9007 Specification Commercial Packaging and Marking.
As prescribed at 5347.305-10(a)(97),
insert the following clause in Section D of solicitations and
contracts when the government requires the use of commercial packaging
and marking to the American Society for Testing and Materials
specification D3951.
Items shall be packaged and
marked in accordance with American Society for Testing and Materials
(ASTM) D3951, "Standard Practice for Commercial Packaging."
Individual shipments exceeding 150 pounds or 108 inches in length
or 130 inches in girth plus length, shall be packaged on skidded
crates or palletized to allow handling by forklift.
5352.247-9008 Contractor Commercial Packaging and Marking.
As prescribed at 5347.305-10(a)(97),
insert the following clause in Section D of solicitations and
contracts when the contractor's best commercial packaging is acceptable
by the government.
Items shall be packaged and
marked in accordance with the contractor's best commercial practice
to ensure undamaged arrival at destination. Individual shipments
exceeding 150 pounds or 108 inches in length or 130 inches in
girth plus length, shall be packaged on skidded crates or palletized
to allow handling by forklift.
5352.247-9009 Engineered or Specialized Containers.
As prescribed at 5347.305-10(a)(91),
insert the following clause substantially as written in Section
D of the solicitation and contract when new engineered or specialized
reusable containers are to be acquired.
Prior to the development of
new engineered or specialized containers, the contractor shall
consider the use of container assets or designs already in the
DoD inventory, either in their existing configuration or with
cost effective modifications. The contractor's decision shall
be based on information received from queries using DI-PACK-80683A,
"Container Design and Retrieval System (CDRS) Search Request."
If a new design is required, the contractor shall comply with
DI-PACK-80684A, "Container Design and Retrieval System (CDRS)
Data Input."
AFMCAC 96-3
15 May 1996 52-105a
5352.247-9010 Packaging and Marking of Hazardous Material.
As prescribe at 5347.305-10(a)(92),
insert the following clause substantially as written in Section
D of the solicitation and contract when items involving hazardous
materials are being acquired.
Contractor shall prepare hazardous materials for shipment in accordance with the following regulations as applicable for the individual shipment hazard, ultimate destination, and mode of transportation:
(1) Code of Federal Regulations (CFR) Title 29, Part 1910.1200;
(2) Code of Federal Regulations (CFR) Title 49;
(3) Air Force Joint Manual (AFJAM) 24-204, Preparing Hazardous Materials for Military Air Shipment;
(4) International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air; and
(5) International Maritime
Dangerous Goods (IMDG) Code.
5352.247-9011 Unilateral Amended Shipping Instructions (ASIs), F.O.B. Origin.
As prescribed at 5347.305-10(b)(90),
insert the following clause in Section F of the solicitation and
contract(s):
(a) For the purpose of this clause, an ASI is the change of the shipping instructions for one or more units or shipment lot of a contract line item shipping schedule. Multiple ASIs for multiple contract line items may be issued under one document.
(b) The contractor agrees that all unilateral ASIs, with changes only to the "Ship To and Mark For" instructions, issued 20 calendar days or more before the contract scheduled delivery date will be accepted at no change in contract price.
(c) All other ASIs, including
those requiring a change to the "Ship To and Mark For"
which are issued 19 days or less before the contract scheduled
delivery date; and those for changes to the preservation, packaging,
and packing requirements; or the f.o.b. point, will be subject
to the negotiation of an equitable adjustment under the contract.
AFMCAC 96-3
15 May 1996 52-105b
5352.290-9000 Delay and Standby Time.
As prescribed at 5390.9001(a)(1),
insert the following clause in Section I of solicitations and
contracts when transportation is FOB Destination by tank trucks
and trailers:
F.O.B. Destination--Tank Trucks
and Trailers:
No payment will be made by the
Government for delays or standby to the Contractor's trailers
or tank trucks incident to the operation or off-loading at using
activities except when such delays exceed ____hours from arrival
at using activity to departure from using activity and such delays
are directly attributable to action or non-action of the Government
or its agents. For delays which meet this criteria, the Contractor
will be reimbursed ____ per quarter hour or fraction thereof.
The delay time will start at the place of entry to the using
activity where verification may be made by operating
AFMCAC 96-3
15 May 1996 52-106
personnel. In the event the using
activity is not working on a twenty-four (24) hour basis, the
normal time of delivery will be between ____A.M. and ____P.M.
Monday through Friday. The contractor is obligated to schedule
deliveries so that trucks will arrive at using activity between
the specified hours. Unless otherwise specified in the delivery
schedule, the delay and standby time will be between the hours
stated. When vehicles are held at the convenience of the Government,
payment will be made for actual hours delayed. All charges to
the Government under this provision shall be submitted within
thirty (30) days of date(s) demurrage was incurred. A separate
invoice with supporting information is required. Invoice will
be forwarded to (INSERT ADDRESS) for certification
prior to effecting payment.
Alternate I (JUN 1996).
Use Alternate I below when transportation is FOB Destination
-- Tank Cars:
F.O.B. Destination -- Tank Cars:
No payment will be made by the
Government for delays or standby to Contractor's cars incident
to the operation of off-loading at the using activities except
when such delays exceed two (2) days excluding Saturday, Sunday,
or national holidays, from the time or arrival at using activities
to departure from using activities and such delays are directly
attributable to acts or non-acts of the Government or its agents.
For delays which meet this criteria the Contractor will be paid
in accordance with the current provisions of B.B. Maurer, Agent,
Freight Tariff 4-I or any revision thereof. All charges to the
Government under this provision must be submitted within thirty
(30) days of date(s) demurrage was incurred. A separate invoice
with supporting information will be forwarded to (INSERT
ADDRESS) through the applicable AFAFFO for certification
prior to effecting payment.
Alternate II (JUN 1996).
Use Alternate II below when transportation is FOB Origin:
F.O.B. Origin:
Contractor will complete GBLs
and schedule carriers in for loading. Detention charges at origin
for delay of carriers' equipment in excess of carriers' tariff/tender
allowable free time will be the responsibility of the Contractor.
5352.290-9001 Measurement and Computation.
As prescribed at 5390.9001(a)(2),
insert the following clause in Section I of solicitations and
contracts:
Quantity of product delivered
will be determined by the difference between the gross weight
of the transport unit immediately before unloading and the weight
of the same transport unit immediately after unloading. When
practicable, both weights shall be measured using the same scales
at the delivery point. When Government or user's scales are not
available or are inoperative, product will be weighed on certified
scales located within ____ miles of destination. Certified weight
tickets shall be furnished by the Contractor to the receiving
agent.
AFMCAC 96-3
15 May 1996 52-107
5352.290-9002 Measurement and Computation--Cryogenic Liquids.
As prescribed at 5390.9001(a)(3),
insert the following clause in Section I of solicitations and
contracts:
Dewars will be weighed on certified
scales before and after filling at the contractor's fill plant.
The gross, tare and net weights of product will be reflected
on the Material Inspection and Receiving Report (DD Form
250). The quantity of product delivered will be determined by
the difference between the gross and tare weights. Contractor
will furnish certified weight tickets to the receiving agent at
the place of delivery to substantiate quantity delivered.
5352.290-9003 Dewar Rental.
As prescribed at 5390.9001(a)(4),
insert the following clause in Section I of solicitations and
contracts:
(a) Dewars will remain the property of the Contractor.
(b) Dewar rental charge shall be based on a (INSERT NUMBER OF DAYS) -day rent free period. A "credit day period" for this rent free period will automatically accrue to the Government for each dewar delivered to destination. A "debit day" will accrue for each day the dewar is retained at destination after delivery. These "debit days" shall begin with the date delivered and end the date notice is given to the Contractor that the dewar is available for pickup. "Credit days" remaining in the rent free period will not be lost if dewar is returned prior to the expiration of that period. They will be accumulated and balanced against the "debit days." (See sample Dewar Register.)
(c) At the end of each month,
only the "debit days" and "credit days" of
dewars returned during that month will be used to determine billing.
If the total "credit days" exceed the total "debit
days," the difference will not be charged to the contractor
nor will they be carried over to the next month. The end of the
month computation can be made in dollars if different size dewars
and rental rates are combined for billing. The Government shall
pay the Contractor the following rates:
_____ - liter dewar _____ per _____
_____ - liter dewar _____ per
_____
(d) Contractor shall compute rental charge and submit an invoice monthly to (INSERT ADDRESS) , for validation and submission to (INSERT PAYING OFFICE ADDRESS) for payment. Contractor will prepare a copy of the attached sample form or a contractor developed form containing contract number, dewar serial number, size, date shipped and date contractor was notified to pick up empty dewar. All necessary supporting data will be attached to the dewar invoice.
AFMCAC 96-3
15 May 1996 52-108
(e) Any dewars lost or damaged by government personnel while in the Government's possession will be settled subject to an equitable adjustment considering the replacement value less the allocable rental paid therefor. Such dewars become the property of the government. Any lost dewars located within one year after payment by the Government may be returned to the Contractor and the Contractor shall pay the Government an amount equal to the replacement value. Claims for lost or damaged dewars must have detailed supporting data attached describing circumstances under which the loss or damage occurred and establishing culpability of Government personnel.
(f) For the purposes of this
clause, the replacement value of subject dewars is hereby established
as follows: (Contractor to insert the replacement value below)
500 liter dewar replacement value __________
250 liter dewar replacement value __________
100 liter dewar replacement value __________
60 liter dewar replacement value __________
30 liter dewar replacement value
__________
(g) No rental shall accrue to the contractor in excess of the replacement value of dewars specified in para (f) above.
(h) The Government will not
be responsible for dewars, or for rental on dewars, which remain
in the possession of using facilities 90- days or more beyond
the expiration of the contract period.
5352.290-9004 Contractor Seals Requirement.
As prescribed at 5390.9001(a)(5),
insert the following clause in Section I of solicitations and
contracts:
The Contractor shall furnish serially
numbered seals and seal all shipping containers prior to shipment.
The seal numbers on: (1) the seals and (2) the corresponding
shipping container, will be indicated on all DD Forms 250 and
other shipping documents.
5352.290-9005 Inspection and Acceptance--Propellants.
As prescribed at 5390.9001(b)(1),
insert the following clause in Section E of solicitations and
contracts:
(a) Quality inspection shall be at fill point(s).
(b) Quantity inspection and
final acceptance shall be at destination(s).
AFMCAC 96-3
15 May 1996 52-109
5352.290-9006 Inspection and Calibration Procedures.
As prescribed at 5390.9001(b)(2),
insert the following clause in Section I of solicitations and
contracts:
(a) The Contractor shall have written procedures for the following:
(1) Inspection of shipping containers for cleanliness and suitability,
(2) Sampling and testing of product from shipping containers,
(3) Handling, packing, marking, and shipping of containers.
(b) The Contractor shall calibrate
test equipment in accordance with MIL-STD-45662 or an equivalent
commercial guide.
5352.290-9007 Fill Point(s).
As prescribed at 5390.9001(c)(1),
insert the following clause in Section F of solicitations and
contracts:
(a) Location of all fill point(s)
contemplated for use where performance of any contract resulting
from this solicitation will be accomplished:
Name: ________________________________________________________
Location: _____________________________________________________
(b) List contact point(s) for
each location:
Name/Location/Telephone Nr. ________________________________________________________________________
________________________________________________________________________
If more than one location is shown,
indicate which location involves the largest dollar amount.
5352.290-9008 Delivery Schedule.
As prescribed at 5390.9001(c)(2),
insert the following clause in Section F of solicitations and
contracts:
(a) Item(s) shall be delivered as scheduled by the activity(s) set forth in (b) below during the period covered by Delivery Order(s) issued hereunder.
(b) All Delivery Schedules for supplies shall be issued by (INSERT OFFICE AND ADDRESS) . Delivery Schedule(s) shall normally be in writing, dated and
AFMCAC 96-3
15 May 1996 52-110
serially numbered, however, telephone request(s) may be made in an emergency and shall be confirmed in writing, within twenty-four (24) hours. The Delivery Schedule shall contain as a minimum:
(1) item number(s) being scheduled,
(2) quantity of each item being scheduled,
(3) unit price and total price of each item being scheduled,
(4) accounting an appropriation data,
(5) contract and order number,
(6) destination of each item,
(7) required delivery date(s),
(8) and when required, the applicable program, project, or weapon system shall be cited.
(c) Contractor will advise (INSERT ADDRESS) and using activity of the following:
(1) List of personnel available on a 24-hour a day basis who are authorized to receive delivery schedules. The list will be updated upon change and include full name, office telephone number, home telephone number, TWX number and direct distance dialing number.
(2) When shipment departs from the Contractor's plant, the Contractor shall advise the using activity, __________, by telephone, TWX or telegram within four (4) hours from time of departure, the following information (if fill plant(s) is within four (4) hours of destination, notification may be provided upon departure.)
(i) delivery schedule number
(ii) tank truck, tank trailer, tank car number and/or container number (as applicable)
(iii) amount in ___________and item number
(iv) departure time and date
(v) destination
(vi) estimated time and date of arrival
(d) An order is considered returned in accordance with the provision entitled "Delivery Order Limitations" if the contracting officer is informed by telephone and written confirmation is received within five (5) work days after Contractor's receipt of the order.
(e) (This paragraph is applicable
to Dewar Shipments only) When shipments depart before _____A.M.
or after _____P.M. local time Monday through Friday inclusive,
or during Federal holiday periods, notice of shipment may be delayed
until the next normal work day.
AFMCAC 96-3
15 May 1996 52-111
5352.290-9009 Special Distribution Instruction for Material Inspection and Receiving Reports (DD Forms 250) (Fuels)
As prescribed at 5390.9001(b)(3),
insert the following clause in Section E of solicitations and
contracts:
(a) Two purchasing office copies
of the DD 250s, as required by the clause of this contract entitled
"Material Inspection and Receiving Report," plus the
original and one copy of the invoice shall be forwarded to the
following address:
________________________________________
(b) One additional copy of
the DD Form 250 shall be provided to:
_________________________________________
(c) These special instructions will be included in any subcontract hereunder where the items produced by the subcontractor are to be shipped directly to the Government. When multiple deliveries are reported on a single DD Form 250, Material Inspection and Receiving Report, all applicable supporting invoices shall be consolidated and submitted at one time to preclude delay in payment of contractor's vouchers.
(d) The quantity received in block 17 of DD Form 250 must be indicated in ____________.
(e) For FOB Destination shipments, Block 21B of the DD Form 250 must be signed by a representative of the receiving activity in order for the invoice to be acceptable for payment purpose. __________ is/are authorized to sign in Block 21B for receipt of product.
(f) For FOB Origin shipments,
Block 21A of DD Form 250 must be signed by the cognizant Government
Quality Assurance Representative.
5352.290-9010 Blanket Delivery Order
As prescribed at 5390.9001(d)(1),
insert the following clause in Section I of solicitations and
contracts:
(a) The Blanket Delivery Order is for supplies or services covered by Contract _____________ to be delivered as may be scheduled by authorized individuals of the (INSERT OFFICE) during the period established by paragraph (a) of the basic contract clause entitled "Ordering."
(b) The Propellant Delivery
Schedules that may be issued under this Blanket Delivery Order:
AFMCAC 96-3
15 May 1996 52-112
(1) shall not exceed, either individually or in the aggregate, the amount of funds obligated by this Order as may be increased or decreased by subsequent unilateral modifications of this Order; and
(2) shall not call for deliveries or performance by the Contractor beyond the date or period established by paragraph (f) of the basic contract clause entitled "Requirements."
(c) A listing of the names
of individuals within the (INSERT OFFICE) who are authorized
to schedule deliveries and the dollar limitations per call for
each individual, if any, shall be furnished to the Contractor
as an attachment to the initial Propellant Delivery Schedule issued
hereunder and with each schedule thereafter as changes in individuals
requires.
5352.290-9011 Implementation of Economic Price Adjustments
As prescribed at 5390.9001(d)(2),
insert the following clause in Section I of solicitations and
contracts:
In order to clearly establish the basis of the Contractor's applicable "established price" as contemplated by the clause hereof entitled "Economic Price Adjustment--Standard Supplies" (FAR 52.216-2), the Contractor shall set forth below the established price for the items in Section B hereof. The established price may be set forth in actual dollar amount(s) or by specific reference to a price list or other supporting documentation which shall be attached to the offer. (Offerors are placed on notice that actual adjustments, if any, will be in strict accordance with FAR 52.216-2 above).
___________________________________________________
___________________________________________________
5352.290-9012 Contract Ordering Period
As prescribed at 5390.9001(d)(3),
insert the following provision in Section L of solicitations:
The contract ordering period,
as contemplated by provisions of paragraph (a) of the "Ordering"
clause is anticipated to begin _____; however, in no event shall
the ordering period begin later than _____. The effective date
will be stated at time of award and will be a date on or between
the aforementioned dates. If this contract contains economic
price adjustment provisions, such provisions will become effective
upon contract award mailing date as shown on the face of the contract,
irrespective of the date the contract ordering period becomes
effective.
AFMCAC 96-3
15 May 1996 52-113
5352.290-9013 Gas Standard Certificate of Traceability
As prescribed at 5390.9001(d)(4),
insert the following clause in Section I of solicitations and
contracts:
(a) The Gas Standard shall comply with Calibration System Requirements, Military Standard, MIL-STD-45662(A), Section 5, paragraph 5.1 through 5.13 and Evaluation of Contractor's Calibration System, Military Handbook, MIL-HDBK-52(B), Section 5, paragraph 5.1 through 5.11 to the extent necessary to comply with paragraph 2b and 2c as written below.
(b) Every unit shall be packaged with a Certificate of Traceability. The Certificate shall state the following:
(1) The manufacturer shall provide the method of preparation: Gravimetric, Volumetric, etc., and method of analysis: Electrochemical cell, Gas Chromatography, etc.
(2) The manufacturer shall specify the actual and nominal value of the gas constituents in: percent by volume, percent by mass, or PPM mass or volume.
(3) The manufacturer shall provide
an uncertainty statement as to the accuracy of the actual and
specified nominal values and number of measurement standard/National
Institute of Standards and Technology (NIST) number used to establish
traceability to NIST.
5352.291-9000 New Manufactured Material.
As prescribed at 5391.302(a)(1),
insert the following clause substantially as written in Section
C of solicitations and contracts:
New manufactured material, as defined in Part 5391.101 of the AFMC FAR Supplement, is solicited in satisfaction of the requirement set forth herein. This solicitation does not contemplate surplus material. In the event surplus material is offered and it is the apparent low offer, a determination will be made as to its acceptability. The urgency of the instant action and the time necessary for evaluation may preclude consideration of surplus material for this award, however. In the event surplus material is determined to be
acceptable and time will allow, the solicitation will be amended announcing any supplemental inspection requirements and revising the due date for receipt of proposals. This statement applies to Contract Line Item(s) ______________.
AFMCAC 96-3
15 May 1996 52-114
5352.291-9001 New Manufactured Material - Surplus Not Acceptable.
As prescribed at 5391.302(a)(2),
insert the following clause substantially as written in Section
C of solicitations and contracts:
Only new manufactured material,
as defined in Part 5391.101 of the AFMC FAR Supplement, will be
acceptable in satisfaction of the requirement as set forth herein.
It has been determined that surplus material is not acceptable
and surplus offers will not be considered for award. This statement
applies to Contract Line Item(s) .
5352.291-9002 New Manufactured Material And Government Surplus Only.
As prescribed at 5391.302(a)(3), insert the following clause substantially as written in Section C of solicitations and contracts:
Both new manufactured material
as well as government surplus material as defined in Part 5391.101
of the AFMC FAR Supplement, and as set forth below will be considered
to be acceptable in satisfaction of this requirement. Inspection
and acceptance criteria for the surplus material are set forth
in Section E hereof. The categories of surplus acceptable and
the Contract Line Item(s) to which this statement applies are:
CLIN CATEGORY
____ ________
5352.291-9003 New Manufactured Material and Government or Commercial Surplus Material Acceptable.
As prescribed at 5391.302(a)(4),
insert the following clause substantially as written in Section
C of solicitations and contracts:
New manufactured as well as government surplus or commercial surplus material as defined in Part 5391.101 of the AFMC FAR Supplement, and as indicated below will be considered to be acceptable in satisfaction of this requirement. Inspection and acceptance criteria for the surplus material are set forth in Section E hereof. The categories of surplus material and the Contract Line Item(s) to which this statement applies are:
CLIN CATEGORY
____ _________
AFMCAC 96-3
15 May 1996 52-115
5352.291-9004 Listing of Surplus Material.
As prescribed in 5391.302(d),
insert the following provision in Section L of solicitations contemplating
acquisition of surplus material to obtain the information required
by FAR 52.211-6:
Submission of the following
information for each item of Surplus Material included in the
offeror's proposal is required to comply with the terms and conditions
of FAR 52.211-6, Listing of Used or Reconditioned Material, Residual
Inventory, and Former Government Surplus Property. Information
must be adequate to provide the basis for determinations required
by AFMC FAR Supplement Part 5391.
a. SURPLUS ITEM IDENTIFICATION
NSN:
NOUN:
PN:
DRAWING REVISION LETTER:
MANUFACTURER:
b. FEDERAL SUPPLY CODE FOR MANUFACTURE (FSCM) MARKED ON ITEMS PER MIL-STD-
130.
c. QUANTITY AVAILABLE FOR VERIFICATION AT DEALER'S FACILITY
d. ORIGINAL MANUFACTURER, GOVERNMENT CONTRACT NUMBER
e. MATERIAL WAS SUBSEQUENTLY PURCHASED AS SURPLUS FROM
(Manufacturer or Agency)
f. DLA SALE NUMBER AND DATE OF SALE BY GOVERNMENT
g. DO YOU HAVE THE DRAWINGS FOR THIS ITEM? IF YES, WHAT IS THE REVISION LETTER/NUMBER AND THE DATE OF THE LAST REVISION OF THE DRAWINGS?
h. HISTORY OF ITEMS SINCE INITIALLY SOLD AS SURPLUS BY GOVERNMENT OR MANUFACTURER: (Storage Location, Packaging, Rework, Reconditioning, Repair, etc.)
i. ARE ITEMS BEING OFFERED IN ORIGINAL UNBROKEN CONTAINERS?
j. DATE OF MANUFACTURE OR PACKAGING
k. MATERIAL OFFERED IS WARRANTED BY THE CONTRACTOR FOR A PERIOD OF MONTHS AS CONTEMPLATED BY FAR 52.246Ä17. (12 Months is presumed unless otherwise specified. If surplus is purchased, warranty may or may not be included in the award.)
l. THE SURPLUS ITEMS OFFERED FIT THE CONDITIONAL DEFINITION INDICATED BELOW: (Check the appropriate definition and provide requested information. Use additional paper if more space is necessary. NOTE: Dates, Technical Order compliance, quality considerations, and component sources are essential information for categories (2), (3), and (4) below.)
[ ] (1) NEW/UNUSED: MATERIAL
NOT HAVING BEEN PREVIOUSLY INSTALLED AND NOT SHOWING RUST, CORROSION
OR OTHER EVIDENCE OF DETERIORATION FROM AGE, IMPROPER PACKAGING
OR PRESERVATION, NOR EVIDENCE OF DISASSEMBLY OR REASSEMBLY, NOR
ANY EVIDENCE OF RECONDITIONING IN ANY MANNER.
AFMCAC 96-3
15 May 1996 52-116
[ ] (2) NEW AND RECONDITIONED: MATERIAL NOT HAVING BEEN PREVIOUSLY INSTALLED AND NOT SHOWING RUST, CORROSION OR OTHER EVIDENCE OF DETERIORATION FROM AGE, IMPROPER PACKAGING, OR PRESERVATION. MATERIAL MAY ONLY BE RECONDITIONED TO THE EXTENT THAT GASKETS, SEALS, OÄRINGS, ETC. ARE REPLACED.
SOURCE OF RECONDITIONING:
SUMMARY OF RECONDITIONING:
[ ] (3) NEW AND MODIFIED: MATERIAL NOT HAVING BEEN PREVIOUSLY INSTALLED AND NOT SHOWING RUST, CORROSION OR OTHER EVIDENCE OF DETERIORATION FROM AGE, IMPROPER PACKAGING OR PRESERVATION. MATERIAL MAY BE REPLACED IN ACCORDANCE WITH THE APPLICABLE TECHNICAL ORDERS OR SPECIFICATIONS SET FORTH ELSEWHERE HEREIN FOR PURPOSE OF CONFIGURATION UPDATE AND/OR MODIFICATION.
SOURCE OF MODIFICATION:
SUMMARY OF MODIFICATION:
[ ] (4) USED AND OVERHAULED: MATERIAL WHICH HAS BEEN PREVIOUSLY INSTALLED IN OPERATIONAL EQUIPMENT BUT HAS BEEN OR WILL BE COMPLETELY OVERHAULED AND RECONDITIONED TO THE APPLICABLE TECHNICAL ORDERS SET FORTH ELSEWHERE HEREIN.
SOURCE OF OVERHAUL:
OVERHAUL TECHNICAL ORDER:
5352.291-9005 New and Unused Surplus Material is Acceptable.
As prescribed in 5391.302(b),
insert the following clause substantially as written in Section
E of solicitations and contracts if new and unused surplus material
is acceptable:
NEW AND UNUSED SURPLUS MATERIAL IS ACCEPTABLE (JUL 1992)
New and unused material is material that has not been previously installed in equipment and shows no evidence of rust, corrosion or other deterioration from age, improper packaging or preservation, nor evidence of any disassembly or
reassembly, nor evidence of any
reconditioning. This statement applies to Contract Line Item(s)
.
5352.291-9006 New and Reconditioned Surplus Material is Acceptable.
As prescribed in 5391.302(b),
insert the following clause substantially as written in Section
E of solicitations and contracts if new and reconditioned surplus
material is acceptable:
NEW AND RECONDITIONED SURPLUS
MATERIAL IS ACCEPTABLE (JUL 1992)
New and reconditioned material is material that has not previously been installed in equipment and shows no evidence of rust, corrosion, or other deterioration from age, improper packaging or preservation. Material may be
AFMCAC 96-3
15 May 1996 52-117
reconditioned to the extent that
gaskets, seals, OÄrings, etc., are replaced in accordance
with applicable USAF technical orders and specifications. This
statement applies to Contract Line Item(s) .
5352.291-9007 New and Modified Surplus Material is Acceptable.
As prescribed in 5391.302(b),
insert the following clause substantially as written in Section
E of solicitations and contracts if new and modified surplus material
is acceptable:
New and modified material is
material that has not previously been installed in equipment and
shows no evidence of rust, corrosion or other deterioration from
age, improper packaging or preservation. Components may have
been replaced in accordance with the applicable technical orders
or specifications for purposes of configuration update and/or
modification. This statement applies to Contract Line Item(s)
.
5352.291-9008 Used and Overhauled Surplus Material is Acceptable.
As prescribed in 5391.302(b),
insert the following clause substantially as written in Section
E of solicitations and contracts if used and overhauled surplus
material is acceptable:
Used and overhauled material is material which was previously installed in
operational equipment but has
been completely overhauled and reconditioned to the applicable
technical orders and specifications. This statement applies to
Contract Line Item(s) .
5352.291-9009 Overhaul and Certification by an FAA Licensed Facility.
As prescribed at 5391.302(b)(6),
insert the following clause substantially as written in Section
E of solicitations and contracts:
Items must have been overhauled
and certified by a Federal Aviation Administration licensed facility.
This clause applies to Contract Line Item(s)
.
(End of Clause)
AFMCAC 96-3
15 May 1996 52-118
5352.291-9010 Part Number Verification.
As prescribed in 5391.302(b)(6),
insert the following clause substantially as written in Section
E of solicitations and contracts if part number verification is
needed:
Items must be of the correct
part number, (ENTER PART NUMBER), and must have been manufactured
by (ENTER MANUFACTURER'S NAME/MFC APPEARING ON CONTRACTOR'S CERTIFICATE).
This statement applies to Contract Line Item(s).
5352.291-9011 Verifiable Dimensions.
As prescribed in 5391.302(b)(6),
insert the following clause substantially as written in Section
E of solicitations and contracts if material with verifiable dimensions
is desired:
Items furnished must meet all
dimensions verifiable without disassembly of (ENTER MANUFACTURER'S
NAME, DRAWING NUMBER ). This statement
applies to Contract Line Item(s) .
5352.291-9012 Test and Verification.
As prescribed in 5391.302(b)(6),
insert the following clause substantially as written in Section
E of solicitations and contracts for material requiring test and
verification requirements:
Items will be subjected to test
and verification by subjecting items to all physical, verifiable
dimensional and performance requirements of Technical Order
. This statement applies to Contract Line
Item(s).
5352.291-9013 Initial Acceptability Items.
As prescribed at 5391.302(b)(6),
insert the following clause substantially as written in Section
E of solicitations and contracts:
The Initial Acceptability Items
(IAIs) will be inspected to determine if they comply with all
verifiable dimensional and material requirements for the items
identified below. If acceptable, the IAIs will be returned to
the Contract Administration Office to be used to inspect the remaining
items. This clause applies to Contract Line Item(s)
.
AFMCAC 96-3
15 May 1996 52-119
5352.291-9014 Location of Inspection Testing.
As prescribed at 5391.302(b)(6),
insert the following clause substantially as written in Section
E of solicitations and contracts:
The inspection/testing must
be performed at a facility selected by the contractor and approved
by the Contract Administration Office. This clause applies to
Contract Line Item(s) .
5352.291-9015 Prior Government Ownership of Items.
As prescribed in 5391.302(b)(6),
insert the following clause substantially as written in Section
E of solicitations and contracts if items were previously government
owned:
Items that were previously owned
by the Government must be evidenced by the item marking contained
on the original shipping containers or name plate. This statement
applies to Contract Line Item(s) .
5352.291-9016 100 Percent End Item Inspection.
As prescribed at 5391.302(b)(6),
insert the following clause substantially as written in Section
E of solicitations and contracts:
A 100 percent end item inspection
is required for Contract Line Item(s).
5352.291-9017 Evaluation of Used and/or Overhauled Surplus Material.
As prescribed at 5391.303-2(b),
insert the following provision in Section M of solicitations:
For the purpose of price evaluation when comparing proposed prices for used and/or overhauled material with new material, the following shall be added to the proposed price for used and/or overhauled surplus material:
(a) The government cost incurred, if any, to inspect the used and/or overhauled surplus material for acceptability/serviceability, by the equipment specialist/engineer.
(b) A percentage factor, if appropriate, of the lowest proposed price for new material, if fully justified by the equipment specialist/engineer in
AFMCAC 96-3
15 May 1996 52-120
consideration of reduced service life, reliability, and/or surplus condition. If the necessity for such percentage factor addition becomes known during negotiations, the percentage to be added shall be made known in writing to the offeror(s) at the time best and final offers are requested. Such amount shall then be added to the proposed price for such material.
(c) If the items are unserviceable,
the estimated cost for any government rework, repair, modification,
reconditioning or overhaul from the provision at 5352.291-9018,
"Evaluation of Items Requiring Reconditioning, Modification,
Repair or Overhaul by the Government." After the addition
of the foregoing, the resulting sum will be directly compared
to the lowest responsive, responsible, proposed price for new
material. This provision applies to Contract Line Item(s)
.
5352.291-9018 Evaluation of Items Requiring Reconditioning, Modification, Repair or Overhaul by the Government.
As prescribed at 5391.303-2(d)
insert the following provision in Section M of solicitations:
For the purpose of price evaluation
when comparing proposed prices for unserviceable material (which
the Government may elect to purchase and recondition, modify,
or repair to serviceable condition) with new manufactured material,
the following shall be added to the proposed price for the surplus
material . This value represents the additional
cost to the Government which will be required for reconditioning,
modifying or overhauling such material in order to make the items
serviceable. This provision applies to Contract Line Item(s)
.
5352.2929000 Over and above work procedures.
As prescribed at 5392.103(a)
and/or 5392.411, insert the following clause in Section H of solicitations
and contracts:
(a) Written authorization to proceed on items (insert correct CLIN) must be received from the Administrative Contracting Officer (ACO) before performance. This authorization to proceed shall be provided by work requests issued by the ACO.
(b) The Contractor shall prepare work request proposals for necessary over and above work items in the format and detail prescribed by the ACO, and submit them to the designated Government Quality Assurance Representative. As a minimum, proposals must be identified to the contract, be serially numbered, and specify related changes, if any, to the contract delivery schedule. When applicable to aircraft, they shall be consecutively numbered in a separate
AFMCAC 96-3
15 May 1996 52-121
series for each aircraft. Upon request of the ACO, the Contractor shall also prepare consolidated work request proposals covering previously approved over and above items. Negotiations will be completed prior to commencement of work whenever practicable, but in no case later than the time of completion of 40% of the work. Failure to agree upon a reasonable price shall be considered a question of fact subject to the "Disputes" clause of the contract. Work request proposals shall be definitized by the use of Standard Form 30.
(c) The prices for over and above fixedprice items do not include any payment for Contractor furnished direct parts and materials which are priced in accordance with (insert correct Section B reference).
(d) FixedPrice Items: Payment shall be at the fixedprice listed for each item.
(e) Fixed Hourly Rate Items: The price negotiated by the ACO shall be based on "hands on" labor hours multiplied by the contract fixed hourly rate. The number of "hands on" labor hours required shall be negotiated between the Contractor and the ACO. "Hands on" labor hours to be used in negotiating fixed hourly rate items are restricted to those defined in paragraph (g) below. The fixed hourly rate includes charges for: "hands on" labor cost; any labor cost not included in the definition of "hands on" labor for which the Contractor accounts as direct labor; burdens; general and administration expenses; and other allowable costs and profit. The fixed hourly rate does not include direct parts and materials.
(f) At any time during contract performance, when sufficient data becomes available on a repetitive task being performed in the fixed hourly rate category, either the Contractor or the Procuring Contracting Officer (PCO) may request a negotiation to establish a firm fixedprice (fixedprice item) for
that item for the remaining life of the contract. The ACO shall advise the PCO of all such agreements in order that changes can be incorporated in periodic contract modifications.
(g) For the purposes of negotiating prices for the Fixed Hourly Rate Items, the "hands on" labor hours to which the fixed hourly rate is applied, are limited to only that labor performed by personnel actually engaged in the direct performance of work required. "Hands on" labor shall not include any
labor performed by support or
supervisory type personnel, such as, but not limited to: timekeepers,
payroll clerks, purchasing, materials handling, quality control,
storing and issuing personnel. Quality control personnel are
considered as those personnel who apply standards to finished
work/products to determine that finished production work is serviceable
in all respects.
5352.292-9001 Reserved.
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5352.292-9002 Excess inventory - disposition of government property.
As prescribed at 5392.103(c),
insert the following clause in Section H of solicitations and
contracts:
(a) The Contractor shall dispose of any excess Government property generated during contract performance or at contract completion in accordance with the contract Appendix B, Supply Information.
(b) Work involved in packing, crating and preparing excess Government property for shipment, either during contract performance or at contract completion, shall be authorized under the over and above provisions of the contract, unless such excess inventory exceeds the stock level limits as defined in Appendix B.
(c) If the ACO determines that the excess Government property exceeds the stock level limits authorized in accordance with Appendix B, the Contractor shall bear the cost of packing, crating and preparing the unauthorized excess inventory for shipment, provided that such excess is not the result of decreased production requirements directed by the PCO.
(d) Transportation costs for
excess inventory defined in paragraph (c) hereof, which are borne
by the Government in accordance with the Government property provisions
of the contract, will be deducted from payments due under the
contract.
5352.2929003 Reserved.
5352.2929004 Maintenance acceleration/compression.
As prescribed at 5392.103(e),
insert the following clause in Section H of solicitations and
contracts:
The parties hereto recognize that an emergency situation could occur which would require availability of a method for amending the contract in an expeditious action. If and when such a situation occurs, the Contracting Officer shall issue a directive which will make Supplement , dated to Appendix "A" attached hereto operative. When said directive is issued, Supplement to Appendix "A" shall become applicable as a work specification. Price, delivery and other terms and conditions shall be negotiated and reflected in an amendment to the contract in the event this
paragraph becomes operative.
Said directive shall, if time is available, be in writing. If
sufficient time is not available to issue a written directive,
it may be issued verbally, by telephone or otherwise. Any
such verbal directive shall be confirmed at the earliest possible
date, in writing.
AFMCAC 96-3
15 May 1996 52-123
5352.2929005 Maintenance of governmentowned equipment in possession of overseas contractors.
As prescribed at 5392.103(f),
insert the following clause in Section H of solicitations and
contracts:
When normal maintenance of the
Governmentowned facilities provided hereunder or used in
the performance hereof requires parts not available in local markets,
the Contractor may requisition any of such parts as are available
through the Government supply system after written approval is
obtained from the Contracting Officer for each such requisition.
The Contractor agrees, upon receipt of such parts, to credit this
contract therefore at prices specified in current federal supply
catalogs. Such credits will be deducted by the Contractor
from the invoices submitted under this contract.
5352.2929006 Five Year Policy.
As prescribed at 5392.411, insert
the following clause in Section H of solicitations and contracts:
(a) Subsequent procurement of services of the type herein described may be accomplished in accordance with the AFMC Five Year Policy at the sole determination of the Government. Under said policy, the Contractor may be retained for one to four additional oneyear periods, provided:
(1) The Contractor has satisfactorily performed the services called for during the previous period.
(2) A valid requirement exists for the continuation of the services.
(3) The Contractor has the capability to perform such followon options.
(b) The Government does not
hereby commit itself or undertake any obligation to apply the
Five Year Policy to any subsequent procurement of the same or
similar services or to continue said policy for the full fiveyear
period.
5352.2929007 Five year policy pricing agreement.
As prescribed at 5392.411, insert
the following clause in Section H of solicitations and contracts:
(a) To the extent that firm prices are established for followon requirements (option items) at the time of initial contract award, exercise of these options will be at the prices set forth in the contract.
(b) For followon requirements for which NotToExceed (NTE) ceiling prices are set forth, the Contractor shall submit, within 30 days after request of the Contracting Officer, a price proposal for work to be performed for the
AFMCAC 96-3
15 May 1996 52-124
ensuing year. Proposals will be submitted with SF 1411, "Contract Pricing Proposal," supported by detailed schedules as required, for the purpose of negotiating firm prices for this followon effort.
(c) The Contractor agrees that
in no event shall the fixed prices negotiated for the followon
option period, including related materials and services, exceed
the prices and rates established herein, which are set forth below:
THIRD YEAR (insert NTEs) _
FOURTH YEAR (insert NTEs) _
FIFTH YEAR
(insert NTEs) _
(d) The Government may exercise an option for a followon requirement before the definitization of the NTE ceiling prices, and if the parties fail to reach agreement in subsequent firm price negotiations, the failure to agree shall be resolved in accordance with the Disputes clause of this contract. Pending settlement of such dispute, the Contracting Officer shall establish prices and delivery schedules which he or she determines to be fair and
reasonable and shall set forth such prices and delivery schedules in
a priced modification to the contract. The modification shall indicate that such prices are billing prices pending outcome of the dispute. Such billing prices shall be paid for all work accepted by the Government pending final decision.
(e) The Contractor agrees to
maintain essentially the same accounting system during the period
of this contract and all subsequent years exercised pursuant to
this policy.
5352.2929008 Dropin maintenance.
As prescribed at 5392.103(g),
insert the following clause in Section H of solicitations and
contracts:
(a) From timetotime, the Government may request to drop in additional (specify Model Design Series (MDS)) aircraft for emergency repair and maintenance under contract line item (specify the applicable over and above contract line item). To the extent feasible, based on contractor's facilities and experience, the contractor shall accept such aircraft for repair and maintenance. Prior authority for such inputs shall be obtained from the Administrative Contracting Officer (ACO). The ACO shall, provided funds are available, authorize such preliminary work sufficient for the contractor to develop and submit an estimate for completion of the required repairs or maintenance. When sufficient funding is available and authorization for completion of the work is received from the Procuring Contracting Officer
(PCO), the ACO shall authorize completion of the work by issuance of a funded over and above work request. The over and above rates of the contract shall apply to all such work.
AFMCAC 96-3
15 May 1996 52-125
(b) Should such work interrupt
the normal PDM aircraft flow through the contractor's facility,
the contractor will immediately notify the ACO. The ACO shall
immediately contact the PCO for advice. If the interruption is
approved, an equitable adjustment under the contract shall be
negotiated by the ACO and incorporated by modification to the
contract.
5352.292-9009 Evaulation of over and above work.
As prescribed in 5392.202(a),
insert the following provision in solicitations, substantially
as written in Section M.
For evaluation purposes, the estimated
"Over and Above" hours applicable to Section B of the
Schedule entitled "Over and Above Work is (Fill in hours)
hours. The estimated over and above hours will be multiplied
by the proposed hourly rate for evaluation. These estimated hour
figures are furnished for evaluation purposes only and are not
intended to guarantee that the number of hours used for evaluation
will actually be experienced or that the hour figure represents
maximum or minimum hours for any resultant contract. Offerors
are required to submit the proposed fixed hourly rate to be inserted
into Section B of the resultant contract.
5352.292-9010 End Items Beyond Economical Repair
As prescribed at 5392.103(h),
insert the following clause in Section I of solicitations and
contracts:
(a) "Economically Reparable End Items" are defined as end items which can be restored to a serviceable condition in accordance with the applicable requirements, when costs of repair will not exceed (insert percentage) of the Stock List Price specified in the contract. Whenever the Contractor estimates that the total cost of the repair of any end item received for repair and/or overhaul will exceed the above percentage of the Stock List Price, the Contractor shall, in writing, promptly notify the ACO to that effect and shall not perform further services on any such items except at the direction of the ACO. Upon receipt by the Contractor of a written determination by the ACO that a particular item is not reparable, the Contractor shall make disposition of the unit in the manner directed by the ACO.
(b) The contractor may be authorized
by the procuring contracting officer, through the ACO, to exceed
the percentage of the Stock List Price in subparagraph (a) above
when an item is in critical supply status.
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5352.292-9011 Delay of Aircraft Input
As prescribed at 5392.103(i),
insert the following clause in Section F of solicitations and
contracts:
If, for any reason, the output of aircraft from maintenance/modification is delayed beyond the scheduled period for output delivery, the government reserves the right to delay scheduled input of corresponding model/type aircraft at no change in cost or performance under the contract. This does not preclude the government from seeking additional consideration for delinquent deliveries or taking other appropriate action in accordance with special contract provisions or contract clauses. In such case the contracting officer will issue a contract modification changing scheduled input and output months, but preserving the original contract flow days for the specific aircraft model/type.
5352.292-9012 Evaluation Of Offers.
As prescribed in 5392.203-90(a),
insert the following provision substantially as written in Section
M of the solicitation.
Offers shall be evaluated on the
basis of the unit prices offered for the quantity designated as
the BEQ in the schedule for item(s) ____ by multiplying the proposed
price(s) by the BEQ(s).
5352.292-9013 Evaluation Of Offers - Movement of Government Furnished Property.
As prescribed in 5392.203-90(b),
insert the following provision substantially as written in Section
M of the solicitation.
(a) A cost factor which represents the estimated cost to the government for packaging, packing, preservation and transportation of government furnished property from the incumbent contractor's facilities to a new contractor's facility shall be added to all offers except the incumbents. This government furnished property represents the residual inventory of government furnished material and any special tooling which may have been furnished. For evaluation purposes, this cost is estimated to be $________, plus cost of transportation to the recipient contractor's facility.
AFMCAC 96-3
15 May 1996 52-127
(b) Transportation costs for
any additional government furnished property not resident at the
incumbent contractor's facility will be evaluated based on input
from the various prime Air Logistics Centers to the contractor's
facility.
5352.292-9014 Evaluation Of Offers-Transportation Cost.
As prescribed in 5392.203-90(c),
insert the following provision substantially as written in Section
M of the solicitation.
For evaluation purposes a cost factor for transportation shall be added to all offers based on the distances between point(s) of destination as follows:
(a) Transportation cost for item(s)__________will be evaluated on the basis of estimates of probable points of generation in the field, to the contractor's facilities and return to the point(s) of generation and;
(b) Transportation cost for
item(s)__________ will be evaluated on the basis of estimates
of probable points of generation in the field, to the contractor's
facilities and return to (e.g. Kelly AFB).
5352.293-9000 Foreign Disclosure Review Notice
As prescribed in 5393.004(a)
insert the following in Section L of solicitations.
(a) This solicitation may involve classified or unclassified, export controlled or limited unclassified information. The technical information has not been reviewed for foreign disclosure. If the review determines that foreign disclosure is involved, only those requests from offerors with clearance for receipt of the data will be provided copies of the solicitation and any accompanying information. See the provision, AFMC FARS 5352.9001, Qualification of Offeror Under Export Control Restriction Solicitation.
(b) MOU country sources must contact the contracting officer within 15 calendar days from the date of the synopsis to receive a copy of the solicitation package at the time it is initially issued. When the solicitation has not been synopsized, MOU country sources must contact the contracting officer within 15 calendar days of the date of this solicitation issuance to receive a copy of the solicitation. Issuance of the solicitation will not be delayed to review requests from MOU country sources received after the 15 calendar day time period or from non-MOU country sources.
(c) Nothing in this notice
contradicts other restrictions, identified in the synopsis notice
or solicitation, regarding eligible sources.
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15 May 1996 52-128
5352.293-9001 Qualification of Offeror Under Export Controlled Restricted Solicitation
As prescribed in 5393.004(b),
insert the following in Section L of all solicitations.
(a) This acquisition involves technology that has a military or space application. Only U.S. contractors who are registered and certified with the Defense Logistics Services Center (DLSC), Federal Center, Battle Creek MI 49017-3084 (1-800-352-3572) and have a legitimate business purpose may participate in this solicitation. If you are registered and certified with DLSC, you must submit a copy of the approved DD Form 2345, Military Critical Technical Data Agreement, with your request for the solicitation. The solicitation package will be mailed to the data custodian identified in Block 3 of the DD Form 2345.
(b) MOU country sources must contact the contracting officer within 15 calendar days from the date of the synopsis to receive a copy of the solicitation package at the time it is initially issued. When the solicitation has not been synopsized, MOU country sources must contact the contracting officer within 15 calendar days of the date of this solicitation issuance to receive a copy of the solicitation. Issuance of the solicitation will not be delayed to review requests from MOU country sources received after the 15 calendar day time period or from non-MOU country sources.
(c) Nothing in this notice
contradicts other restrictions, identified in the synopsis notice
or solicitation, regarding eligible sources.
5352.293-9002 Foreign Nationals-Foreign Sources
As prescribed in 5393.004(c),
insert the following in Section I of the solicitation and contract.
(a) For the purpose of this clause,
(1) Foreign nationals are those persons not citizens of, not nationals of, or resident/immigrant aliens to, the United States;
(2) Foreign representative is anyone, regardless of nationality or citizenship, acting as an agent, representative, official, or employee of a foreign government, a foreign-owned or influenced firm, corporation or person; and
(3) Foreign sources are those sources (vendors, subcontractors, and suppliers) not owned and controlled by citizens or immigrant aliens of the United States.
(b) Nothing in this clause
is intended to waive any requirement imposed by any other U.S.
Government agency with respect to employment of foreign nationals
or export controlled data and information.
AFMCAC 96-3
15 May 1996 52-129
(c) The Contractor acknowledges
that equipment and technical data generated or delivered in performance
of this contract is controlled by the International Traffic in
Arms Regulation (ITAR), 22 CFR Sections 121 through 128, and require
an export license before assigning any foreign national to perform
work under this contract or before granting access to foreign
nationals to any equipment and technical data generated or delivered
in performance of this contract (see 22 CFR Section 125). The
Contractor agrees to notify and obtain the written approval of
the Contracting Officer (CO) prior to assigning or granting access
to any work, equipment, or technical data generated or delivered
in performance of this contract to foreign nationals or their
representatives. This notification shall include the name and
country of origin of the foreign national or representative, the
specific work, equipment, or data to which the person will have
access, and whether the foreign national is cleared to have access
to technical data (DoD 5220.22-M, National Industrial Security
Program Operating Manual (NISPOM)).
Alternate I (Dec 1995). As prescribed at 5393.004(c) add the following paragraph (d) to the basic clause in solicitations and contracts:
(d) The following paragraphs apply if the Contractor has not complied with the ITAR, as applicable:
(1) If the Contractor is a foreign company located in its own country, no subcontract(s) shall be awarded outside that foreign country and only citizens of its country or U.S. citizens shall be employed to work under this contract.
(2) If the Contractor is a foreign-owned, controlled, or influenced company located in the
U.S., no subcontract(s) shall
be awarded outside the United States and only U.S. citizens shall
be employed to work under this contract.
5352.293-9003 Visit Requests by Foreign-Owned or Controlled Firms
As prescribed in 5393.004(d),
insert the following in Section I of the solicitation and resultant
contract.
(a) Prime contractors which are foreign-owned or controlled and require access to a U.S. Government installation shall submit visit requests through their foreign embassy in Washington, D.C. at least 30 days prior to the proposed visit date.
(b) Subcontractors which are foreign-owned or controlled and require access to a U.S. Government installation shall have their prime contractor sponsor their visit by submitting a visit request to the security police office of the base being visited at least two weeks before the scheduled meeting.
AFMCAC 96-3
15 May 1996 52-130
(c) Canadian Contractors and
Canadian Government Employees may directly arrange visits by having
their security office submit a visit request to the security policy
office of the base being visited at least two weeks before the
scheduled meeting.
