afmcac97-7

IMMEDIATE ACTION

DEPARTMENT OF THE AIR FORCE AFMC ACQUISITION CIRCULAR 97-7

Headquarters AFMC

Wright-Patterson AFB OH 45433 26 April 01

Air Force Materiel Command Acquisition Circular (AFMCAC)

1. All items in this AFMCAC are effective as of the date of publication unless otherwise specified in the item description. They shall remain in effect until specifically cancelled or incorporated by a subsequent edition of the AFMCFARS.

2. This AFMCAC implements the following AFMC Guides:

a. AFMC FAR Council case 00-17, The AFMC Red-Yellow-Green Guide, located at https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/pkpa/ryg.htm

b. AFMC FAR Council case 00-18, Performance Based Delivery on Demand Guide, located at

https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkl/crep/pklcrep.htm

3. AFMCAC 97-7 amends the AFMCFARS as specified below (all changes are marked on the change pages by revision marks):

a. Item 1. Case # 00-11. 5301.602-3 Ratification of unauthorized commitments, paragraph (b)(3)(iii) is amended as follows:

Paragraph (A) is amended to increase the ratification authority for the COCO from $2,500 to $10,000.

Paragraph (B) is amended to increase the ratification authority for the SCCO from "$25,000 or less" to "$100,000 or less", the authority may be redelegated to a level no lower than the COCO.

Paragraph (C) is amended to indicate that a ratification greater than $100,000 is delegated to the Center Commander. The revision also allows the authority to be exercised by the Center Vice Commander or executive director.

b. Item 2. Case # 00-15. The AFMC Form 702, Amendment of Solicitation/Modification of Contract has been deleted. The following portions of the AFMCFARS are amended to reflect the deletion:

(1) 5343.102-90

(2) 5352.243-9000

(3) 5352.243-9001

(4) 5353.290

c. Item 3. Case # 00-17. The Navy's Red-Yellow-Green system has been adopted for use as a simplified past performance evaluation tool. The following changes to the AFMCFARS implements the system:

(1) 5315.209-90 is amended by adding paragraph (m).

(2) 5352.215-9017 and 5352.215-9018 are hereby added as solicitation provisions.

d. Item 4. Case # 00-18. The following changes have been made to the AFMCFARS as a result of the Performance Based Delivery on Demand (PBDoD), Contract Repair Enhancement Program (CREP) initiative:

(1) 5391.102, paragraph (m)(90) is added to prescribe the use of the clause at 5352.291-9011, Induction at Risk clause.

(2) 5347.303-5 (90) is added to prescribe the use of the clause at 5352.247-9018, Direct/On-Demand Shipment of Serviceable Items.

(3) 5347.305-13 (90) is added to prescribe the use of the clause at 5352.247-9019, Fast Transportation.

(4) The clause, Induction at Risk is added at 5352.291-9011.

(5) The clause, Direct/On-Demand Shipment of Serviceable Items is added at

5352.247-9018.

(6) The clause, Fast Transportation is added at 5352.247-9019.

e. Item 5. Case # 00-21. AFMCFARS 5307.104-91 Acquisition Strategy Panels, is amended by adding language to clarify the ASP chairperson for Other Contracting.

f. Item 6. The following administrative changes have been made:

(1) Clauses 5352.243-9001 and 5352.243-9002, are amended to change the word "AGREEMENT" to "AGREEMENTS" in the titles.

(2) 5315.406-3(a)(90), 5315-407-1(91), and 5315.606-90(a) are web link changes.

(3) Minor admin changes to 5352.216-9003, 5352.225-9002, 5352.231-9000, 5352.245-9007, 5352.247-9005, and 5352.290-9003.

No. of Printed Pages: 118

OPR: HQ AFMC/PKPA (Anthony W. Everidge)

Distribution: F

HQ USAF/LG, Wash DC 20330-5000.............4

SAF/AQCP, Wash DC 20330-5000................ 3

HQ USAF/JAC, Wash DC 20330-5000...........1

HQ AFIA/IM, Kirtland AFB NM 87117-5670....1

AUL/LDEA, Maxwell AFB AL 36112-5564...... 1

4. Filing instructions:

Page Insert changes:

Remove: Insert:

1-5 1-5

7-3 - 7-4 7-3 - 7-5

15-i & 15-ii 15-i & 15-ii

15-3 - 15-12 15-3 - 15-12

43-1 43-1

47-i 47-i

47-1 - 47-4 47-1 - 47-4

52-i - 52-v 52-i - 52-v

52-25 52-25

52-33 - 52-118 52-33 - 52-118

53-2 53-2

91-2 - 91-4 91-2 - 91-4

(iii) Other documents specifically designated in other parts of the FAR, DFARS, AFFARS, or this supplement.

(92) AFFARS 5301.601-94(d) applies to Other Contracting funding documents.

(93) Use AFFARS 5301.9005-2, as supplemented, to determine the value of a contract action for application of the legal review threshold.

(94) If legal review indicates that a proposed course of action violates statute or regulation or is otherwise determined to lack legal sufficiency, the contracting officer shall attempt to resolve the matter with the attorney. If efforts to resolve legal concerns are unsuccessful, the contracting officer shall elevate the matter through management channels.

(95) If prior legal review has been obtained, and if other than administrative changes are made to the contract document during the contract execution process, resubmit for legal review.

(91) Obtain legal review of noncompetitive contract actions before contract execution.

5301.602 Contracting officers.

5301.602-3 Ratification of unauthorized commitments.

(b)(3)(iii) Authority to ratify unauthorized commitments involving Other Contracting within AFMC is established as follows:

(A) Authority to ratify unauthorized commitments involving amounts of $10,000 or less is delegated to the COCO. (B) Authority to ratify unauthorized commitments involving amounts of $100,000 or less is delegated to the SCCO with authority to redelegate to a level no lower than the COCO, on a case-by-case basis.

(C) Authority to ratify unauthorized commitments involving amounts in excess of $100,000 is delegated to the Center Commander. This authority may also be exercised by the Center Vice Commander or executive director.

5301.603 Selection, appointment, and termination of appointment.

5301.603-2 Selection.

(90) Each field activity shall establish procedures and responsibilities for local review boards.

(91) Membership of field review boards shall be as determined by the SCCO. Board members must be of equal or higher grade than the grade of the person being considered for the warrant.

(92) The review board shall make recommendations to the appointing authority regarding each candidate and keep records of warrants issued.

(ii) In a competitive environment, fair and equitable treatment must be afforded to potential offerors to ensure no competitive advantage accrues to one or more potential offerors at the expense of the others. Therefore, if deemed in the Government's best interest and after approval by the ASP chairperson, ensure all known potential offerors have the opportunity to attend appropriate sessions. Use the most expeditious means possible, e.g., electronic notification via the WWW, to provide the notice. If it is infeasible to invite all known potential offerors, then provide industry information about specific draft acquisition strategies using the following means. Provide all potential offerors the opportunity to give confidential input on these strategies via strategy comment sites on the WWW, feedback sessions with individual potential offerors, written input from potential offerors, or through some combination of these or other methods.

(iii) Industry shall not participate in Government consensus development or decision making sessions of the ASP nor shall they be provided negotiation/competition/source selection sensitive information.

(iv) When industry is invited to the ASP, the conduct of the industry session (for both competitive and noncompetitive acquisitions) is extremely important. In order to ensure compliance with the Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2, Sections 1-15) which requires open meetings for general public attendance and public presentations and opening records for public inspection, follow these ground rules:

(A) Structure ASP industry sessions to exchange facts or information regarding requirements or business concerns. For example, participants may discuss current market conditions, technological advances, availability of commercial items, potential business risks, industry experience in similar programs/efforts, and cost as an independent variable (CAIV) (i.e., potential tradeoffs) as they may impact the proposed strategy.

(B) Do not attempt to build a group consensus or position.

(C) No collective recommendations shall be made. This does not prohibit industry representatives (individually or corporately) from separately and independently expressing views.

(D) Only Government ASP members shall be involved in decision making.

(v) Industry attendees shall wear identification which clearly identifies them as contractor personnel.

(c) Requests for ASP waivers should be coordinated with standing panel members and shall be approved by the ASP chairperson.

(90) For Other Contracting, the ASP chairperson is as follows:

*Delegable to the vice commander, executive director, SCCO, or single manager except for acquisitions involving the Air Force Source of Repair Assignment Process (SORAP). For SORAP actions, authority is delegable only to the vice commander or executive director.

^AFRL may delegate ASP Chairperson authority no lower than the COCO.

(e)(90) If deemed in the Government's best interest and after approval by the ASP chairperson, provide copies of minutes to industry at large, appropriately redacted (FAR 3.104-5 and AFI 37-131, Freedom of Information Act Program) to remove negotiation/competition sensitive or For Official Use Only or classified information. Provide information electronically where feasible.

5307.105 Contents of written acquisition plans.

Refer to AFMC Acquisition Plan Preparation Guide and Template available on the WWW (See 5301.101).

SUBPART 5307.2--PLANNING FOR THE PURCHASE OF SUPPLIES

IN ECONOMIC QUANTITIES

5307.203 Solicitation provision.

(90) For purchase requests marked "Quantity Discount," solicit quantity discounts in Section B, Supplies or Services and Prices/Costs. The quantities to be solicited may be structured as alternate quantities (alternate quantity A, B, C) or as offers A, B, or C. The contracting officer shall insert the provision at 5352.207-9000, Price Discounts Based on Quantity, in Section M.

SUBPART 5307.3--CONTRACTOR VERSUS

GOVERNMENT PERFORMANCE

5307.391 Base Level Services Contracts, AFMAN 64-108.

When AFMAN 64-108, Base Level Services Contracts, concepts are used in contracting out a Government function, the following applies:

(a) The contract shall designate an orientation period prior to the basic contract period for contractor familiarization with in-house work procedures, completion of personnel hiring, and training necessary to take over the function. AFMAN 64-108 designates "phase-in" as an initial period during the basic contract that allows a more lenient performance requirement.

(b) When the solicitation requires specific action by the contractor during the orientation period, the pricing schedule shall include a separate line item for pricing the tasks required during the orientation period. The start of the orientation period shall be the "contract start date." A surveillance plan shall be prepared for the orientation period to include performance work statement items as required.

(c) Insert the clause at 5352.207-9001, Government Performance of Services During Labor Strikes and 5352.207-9002, Rights of the Government to Perform Functions with Its Own Personnel, in Section I for contracts performed in Government facilities where an interruption of service could critically hinder the mission of the installation.

PART 5315--CONTRACTING BY NEGOTIATION

TABLE OF CONTENTS

SUBPART 5315.1-SOURCE SELECTION PROCESS AND TECHNIQUES

SUBPART 5315.2--SOLICITATION AND RECEIPT OF

PROPOSALS AND INFORMATION

SUBPART 5315.3--SOURCE SELECTION

SUBPART 5315.4--CONTRACT PRICING

SUBPART 5315.6--UNSOLICITED PROPOSALS

SUBPART 5315.90--OMBUDSMAN PROGRAM

(l) The contracting officer may insert the clause at 5352.215-9010, Training, substantially as written, in Section I when formal training sessions and materials are to be ordered and the Government will furnish facilities and equipment (See FAR Part 45).

(m) The Air Logistics Centers shall use the Navy's Red-Yellow-Green (RYG) vendor rating system for the collection of past performance information for spares acquisitions less than $5,000,000. The RYG database shall be used in the evaluation of past performance for competitive spares acquisitions equal to or below the Simplified Acquisition Threshold (SAT). The RYG database shall be used in conjunction with other sources of past performance information in competitive spares acquisitions greater than the SAT threshold but less than $5M when past performance is an evaluation factor. The RYG database may be used in conjunction with the Contractor Performance Assessment Reporting System (CPARS) at the discretion of the Contracting Officer for competitive spares acquisitions equal to or greater than $5M. RYG classifications for all applicable FSC(s) are established monthly for the contractor. The RYG database is maintained and operated by the Navy (however, AFMC provides monthly quality and delivery information on the contractor to the Navy). The contractor may address questions about the program or its FSC RYG classifications to the Naval Sea Logistics Center (NLSC) Portsmouth Detachment, Federal Building, Room 400, 80 Daniel Street, Portsmouth, NH

03801-3884, telephone 603-431-9460, ext. 464, FAX 603-431-9464. The contractor may also access its individual FSC RYG classification through the automated vendor access program. To obtain automated access, written request must be submitted on company letterhead to NLSC at the above address. The request must include the contractor's name, title, company name, address, telephone number and Contractor and Government Entity (CAGE) code. The CAGE code is mandatory. In response, NSLC will provide the contractor, without charge, an individual password and information on accessing its individual data.

(1) Insert the provision in AFMCFARS 5352.215-9011 in Section L for competitive spares solicitations that will use the Red/Yellow/Green (RYG) Program for evaluation of past performance.

(2) Insert the provision in AFMCFARS 5352.215-9012 in Section M for competitive spares solicitations for simplified acquisitions subject to the Red/Yellow/Green (RYG) Program. If any factor other than price and adjusted price based on the RYG program ratings are to be used, those factors must be stated in Section M.

(3) For programs using RYG above the Simplified Acquisition Threshold (SAT), insert the provision under AFMCFARS 5352.215-9012 Alternate 1, substantially as written, because the Technical Evaluation Adjustment is only valid for solicitations below the SAT. Tailor AFMCFARS 5352.215-9012 Alternate 1 to be consistent with the "best-value" strategy determined to be most effective by the contracting officer.

(4) For an explanation of the RYG system and guidance on the RYG process, see the AFMC Red-Yellow Green (RYG) Program Guide under:

https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkopr1.htm

SUBPART 5315.3-SOURCE SELECTION

5315.301-90 Definitions.

(c) Performance Risk Assessment Group (PRAG): See AFMC Pamphlet 64-113, Volume I, 23 Apr 99, Source Selection Activities Guide (Performance Risk Assessment Group (PRAG) Guide: http://www.afmc.wpafb.af.mil/pdl/afmc/64afmc.htm) and Interim Policy Notice 98-6 at http://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/pkpa/ ssandpp.htm#list6.

(q) Probable Cost (PC): The Government estimate of the total cost most likely to be incurred if a contract is awarded. In addition to specific contract acquisition cost, this estimate should include any other Government cost expected to be incurred. Some examples include Government furnished property, Government furnished facilities, or cost of transportation. PC is most frequently used to evaluate cost in cost reimbursement and other flexibly priced contracts.

5315.303-90 Responsibilities

(a)(5) The Source Selection Information Briefing Certificate may be used on a fiscal year basis for individuals who must have access to SSI in the performance of their official duties throughout the year, whether or not they participate as part of the actual source selection team.

(i) PRAG members may also serve as evaluators in assessing other evaluation factors. Non-government personnel (including Federally Funded Research and Development Centers (FFRDC)) shall not be PRAG members.

5315.305 Proposal evaluation.

(a)(3)(90) For S&T acquisitions, mission capability shall be evaluated using the following color ratings and definitions:

COLOR RATING DEFINITION

Blue Exceptional Exceeds technical expectations. Reflects an

innovative approach and/or superior understanding of

the technology.

Green Acceptable Meets technical expectations. Reflects a sound

approach and/or satisfactory understanding of the

technology.

Yellow Marginal Does not clearly meet technical expectations.

Reflects an uncertain approach and/or incomplete understanding of the technology.

Red Unacceptable Unawardable. Fails to meet technical expectations.

Reflects an unworkable approach and/or inferior understanding of the technology.

5315.308-90 Air Force Source Selection Documents.

(90) Document the following PRAG information for each offeror in the briefing charts or PAR if required:

(a) Sources and type of performance data gathered. Examples of types of data include percent of award fee earned, delivery rates, program specific data, test results, or cost performance data;

(b) Relevancy and significance of the data. Describe the methodology used by the PRAG to determine the relevancy of a past or present contract effort. Describe those efforts considered most relevant and provide the rationale supporting their relevance.

(c) Performance confidence assessments and supporting rationale. Cite specific examples, trend analyses, and overall judgments in support of each performance risk assessment.

(d) Mitigating circumstances (if any), such as process changes, that have resulted in improvements to previous performance problems.

SUBPART 5315.4--CONTRACT PRICING

5315.403 Obtaining cost or pricing data.

5315.403-5 Instructions for submission of cost or pricing data or information other than cost or pricing data.

(90) If adequate price competition is anticipated but may not be realized and cost or pricing data would otherwise be required under FAR 15.403-4, contracting officers should include the provision at 5352.215-9014, Submission of Cost or Pricing Data, substantially as written, in Section L to reserve the right to request the cost or pricing data at a later date. In no case shall the time period be so short as to require the offeror(s) to unnecessarily prepare a cost proposal to have on hand in case adequate price competition does not occur.

5315.404 Proposal analysis.

5315.404-1 Proposal analysis techniques.

(b)(2)(ii) A prior price which was determined reasonable solely by comparison to another prior price is not a valid comparison base unless additional price analysis is performed to ensure that it is still a valid basis for comparison. To make a valid comparison between the current buy and the historical price, review the historical contract file for differences in delivery schedule, quantity, etc. Consideration should also be given to the possibility of reduced prices caused by maturing technology.

5315.404-4 Profit.

(c)(2)(90) The BOCO or COCO may approve written requests for the use of an Alternate Structured Approach (ASA). This authority may not be redelegated.

5315.404-70 DD Form 1547, Record of Weighted Guidelines Method Application.

5315.404-70-90 AFMC policy and procedures for DD Form 1547, Record of Weighted Guidelines Method Application, RCS:DD-A&T(Q)1751.

(a) HQ AFMC/PKPC is the command focal point for weighted guidelines reporting. Each SCCO shall establish procedures for processing and reporting profit and fee data and shall appoint a profit monitor at each geographic location. The responsibilities of the profit monitor are:

(1) Act as liaison with HQ AFMC on all matters relating to reporting profit and fee data to the designated office of the DoD-wide management information system (DFARS 215.404-75).

(2) Establish and maintain a contract file review system to ensure that all reportable transactions, including priced options when exercised, are reported.

(3) Ensure timeliness of submitted report.

(b) When preparing a DD Form 1547, the contracting officer shall:

(1) For contract actions involving multiple contract types, prepare a separate DD Form 1547 for each contract type to determine suitable profit objectives for the different line items.

(2) For time-and-materials (T&M) contracts covering a single identifiable effort where a proposal has been obtained, prepare a DD Form 1547 reflecting the objective cost elements for that effort. If a T&M ordering contract is contemplated, and a cost proposal has been obtained for a firm initial order, prepare the DD Form 1547 based on the objective position value of that order. When a firm initial order is not known, or when negotiating rates for the contract instead of obtaining a proposal specific to an order, a hypothetical scenario incorporating the objective cost position may be used with DD Form 1547 to calculate a profit objective. After award of the T&M ordering contract, preparation of a DD Form 1547 for any subsequent order is not required unless a new profit analysis is performed in negotiating a price for such order. The cost reimbursable materials portion of T&M actions should be excluded from DD Form 1547 calculations.

(3) For modifications where the basic contract profit rate will not be used (see FAR 15.404-4(c)), prepare a DD Form 1547 reflecting only the value of new (added) work to price that portion of the change proposal. Deleted work may be priced using the basic contract rate, the rate computed for added work, or a separately computed rate, as considered appropriate by the contracting officer. DD Forms 1547 should not be prepared based on aggregate or net values of the modification.

(4) Exclude nonprofit-bearing costs (e.g., reimbursables, royalties, warranty costs, or state income taxes) from DD Form 1547 calculations.

(5) Prepare separate DD Forms 1547 for priced options concurrent with the DD Form 1547 prepared for the basic contract. However, the option DD Forms1547 shall be kept in the contract file and submitted in accordance with current submission requirements when each option is exercised.

(c) Contract type risk and working capital adjustment does not apply to undefinitized long lead contract actions.

(d) Facilities capital employed. If the contractor's investments resulted from Government funded programs, a below normal value should be assigned. This is because the purpose of rewarding a contractor in the facilities capital employed area is to recognize investments made by the contractor to reduce Government acquisition costs.

5315.404-74 Fee requirements for cost-plus-award-fee contracts.

(c) When compliance with the offset policy of DFARS 215.404-73(b)(2) results in a negative base fee, subtract an amount equal to the facilities cost of capital or one percent of the estimated cost of the contract (whichever is less) from the award fee pool and use a base fee of not less than zero. The contracting officer shall document this in the PNM and cite this paragraph as the authority.

5315.404-76-90 Reporting profit and fee statistics in AFMC.

(a) DD Form 1547s shall be prepared and reported using the current version of the profit weighted guidelines desktop computer software editor and J010 conversion programs.

(b) Where multiple contract types are involved (see 5315.404-70-90(b)(1)), report only the DD Form 1547 reflecting the largest dollar amount if that DD Form 1547 meets the reporting threshold. Otherwise, reporting is not required.

(c) Report T&M actions (see 5315.404-70-90(b)(2)) only if the value of the identifiable effort or known order reflected on the DD Form 1547 meets the reporting threshold.

(d) If a modification results in a net increase to the contract value that meets the reporting threshold, report the DD Form 1547 prepared for new (added) work only.

5315.406 Documentation.

5315.406-2 Certificate of Current Cost or Pricing Data.

(90) When a contractor submits additional cost or pricing data after the date of agreement on price, but before contract award, which is current as of the date of agreement on price, the contracting officer shall:

(1) require the contractor to provide a price impact summary which separately reflects price increase and price decrease impacts on the negotiated price;

(2) allow only a downward price adjustment or a net zero adjustment (when valid price increase offsets are present); and

(3) require that the "as of" date on the Certificate of Current Cost or Pricing Data be the date of agreement on price rather than the date the additional data was submitted.

5315.406-3 Documenting the negotiation.

(a)(90) The content of a PNM will vary according to the nature of the contractual action being discussed. Guidelines for writing the PNM can be found in the HQ AFMC Price Negotiation Memorandum/Price Competition Memorandum (PNM/PCM) Guide available on the WWW (https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/pkpc/pnmpcm.htm).

5315.406-90 Specialized negotiation memoranda.

(a) For acquisitions between the micro-purchase and the simplified acquisition procedures thresholds, normally use the Specialized PNM Format in the AFMC PNM/PCM Guide. At the discretion of the contracting officer this format may be used for acquisitions between the simplified acquisitions procedures and the Truth in Negotiation Acts (TINA) thresholds. This format may also be used for commercial acquisitions less than $5,000,000. The PCO should use the AFMC PNM/PCM Guide to complete PNMs over the threshold for simplified acquisitions.

(b) For source selection pricing actions where adequate price competition does not exist, prepare a PNM compliant with FAR 15.406-3 as supplemented. If adequate price competition applies, prepare a PCM. The PCM shall address all applicable areas of Attachment B to the PCM Guide.

(c) In accordance with clearance procedures (AFFARS 5301.9007(b)(2)(ii)), noncompetitive actions require a preliminary and a final PNM. The preliminary PNM will essentially incorporate the proposed and objective positions for management approval to begin negotiations. The final PNM will include the preliminary PNM information either as an attachment or within its context, but both documents must be separately identifiable in the memorandum. The final PNM shall adequately document the proposed, the objective, and the considered negotiated position for all applicable areas of the AFMC PNM Checklist. When the briefing format is used for the preliminary PNM, it shall not be used or attached to the final PNM since it is not in narrative format as required to adequately document the acquisition.

5315.406-91 Postaward price negotiation memorandum review.

SCCO shall establish local procedures for postaward review of PNMs and PCMs. This review shall focus on the quality of the memorandums and the identification of training requirements.

5315.407 Special cost or pricing areas.

5315.407-1 Defective cost or pricing data.

(b)(7)(i)(90) Contracts or modifications entered into on or before 8 Nov 85 shall bear simple interest from the date due until paid unless paid within 30 days of becoming due in accordance with FAR 52.232-17, Interest. The interest shall be calculated using the appropriate Treasury rate(s).

https://www.afmc-mil.wpafb.af.mil/HQ-AFMC/PK/pkp/pkpc/econdata.htm.

(b)(7)(iv)(90) Modifications shall be tailored to the type of contract, status of completion, status of fund liquidation, etc. Modifications shall include, as a minimum, the full accounting classification code, unit price adjustments (if appropriate for the modification), and audit report numbers and dates (including supplements) that are settled as a result of the modification. Interest and/or penalties should be identified separately from the amount defective and shall always be received by check. The contract price shall not be reduced by the amount of the interest. The contractor shall be informed that any checks submitted shall be made payable to the "Treasurer of the United States." The contracting officer may not limit the Government's right to receive an equitable adjustment for any matter not addressed in the audit or any civil, criminal, or other administrative actions.

(c)(90) Postaward audits with findings of defective pricing from DCAA, the GAO or the DoD/IG are subject to DoD Contract Audit Follow-up Policy as stipulated in DoDD 7640.2, Policy for Follow-up on Contract Audit Reports, AFFARS 5315.491-1(a) and 5315.491 of this supplement. Unique response time requirements and procedures for handling GAO and DoD/IG defective pricing audits are outlined in DoDD 7650.3, Follow-up on General Accounting Office, DoD Inspector General and Internal Audit Reporting, and AFFARS 5315.491-10.

(d)(90) Immediately upon receipt of a defective pricing audit, the contracting officer shall provide a copy to the contract audit follow-up focal point. The focal point shall log the audit report into the local tracking system.

(91) Audit report findings shall be submitted to the contractor for concurrence or comment. Give the contractor 30 days to respond to the audit. Grant reasonable extensions for good cause. To expedite disposition, advise the contractor to submit a copy of their response to the cognizant contract auditor.

(92) The contracting officer should obtain audit review of the contractors comment and any certified offsets. DCAA auditors shall not review an offset on contracts awarded after 14 Dec 87 until the contractor provides the Government with a certificate of entitlement as required by 10 U.S.C. 2306a. When the objective has been established and an independent review of the objective accomplished (as required by AFFARS 5315.491-6(b)), resolution has occurred. Communicate the resolution date and objective amount to the audit follow-up focal point immediately upon their occurrence.

(90) Contracting officers shall:

(1) Ensure that defective pricing adjustments (excluding interest) are reflected in automated procurement history records for repetitive spares. Also, ensure that adjustments made to the record are made to all units, in each contract line item significantly impacted by the defective pricing.

(2) Inform the contract audit follow-up focal point of the receipt and current status, through disposition, of all defective pricing audits. This shall include specific notification of any changes to questioned cost agreed to by the auditor as a result of resolution and disposition.

(91) The SCCO shall consider designating a defective pricing advisor to provide counsel and training to the contracting officer on the processing, resolution and disposition of defective pricing cases, including review of resolution/disposition documentation, and the contract modification before they are finalized.

(92) No negotiated settlement agreement with a contractor shall waive the rights of the Government for future defective pricing claims or otherwise restrict the Government's rights to conduct audits under the same or other contracts. Goods and services shall not be accepted as settlement of a defective pricing case. No settlement agreement shall be made contingent upon the granting of a deferred payment agreement under FAR 32.613 or its supplements. Offsets of understated costs caused by incomplete or inaccurate cost or pricing data in the same proposal can only be applied to reduce defective pricing liability and not justify a net upward price adjustment or reopening of negotiations. The collection of interest on overpayments cannot be waived or offset. An offer to waive contractor claims on unrelated contracts shall not be accepted as consideration or as an offset against amounts due the Government for defective pricing on the instant contract.

5315.407-2 Make-or-buy programs.

(d)(2) Capacity shall include ability to support surge and mobilization needs identified by the contracting officer. Also address impact on critical and strategic materials, and critical forms and parts.

(d)(90) Insert the provision at 5352.215-9013, Make-or-Buy Program, substantially as written, in Section L when submission of a Make-or-Buy Program is required in accordance with FAR 15.407-2.

(f)(90) The contracting officer shall request administrative contracting officer comment on the prospective contractor's Make-or-Buy program.

5315.407-3 Forward pricing rate agreements.

(90) When a FPRA has not been established, use the FPRRs to the maximum extent possible. Also, when using a rate other than an established FPRR, discuss the reason with the administrative contracting officer during fact-finding, but before clearance. Address reasons for not using an FPRR in both the clearance session and the PNM.

5315.407-4 Should-cost review.

(b)(2)(90) Each contract proposal over $100M that meets the criteria in FAR 15.407-4(b)(2), as supplemented, shall be reviewed to determine if a Should-Cost Analysis is appropriate. The SCCO determines when the review should be conducted to obtain significant savings on initial production contracts, contract options, or follow-on production contracts. The following factors should also be considered.

(A) There are known problems at the contractor's facility that may contribute to increased costs (example, excess manufacturing capability or history of quality or procurement system problems).

(B) There is a large volume of Government business in a contractor facility that could benefit from the implementation of should-cost recommendations.

(C) The SCCO or designee organizes and conducts the Should-Cost Review using AFPAM 64-112, Should-Cost Review Guide.

5315.407-90 Formula pricing agreements (FPAs).

5315.407-90-4 Responsibilities.

(a)(1) The SCCO is the approval level for FPAs.

5315.407-91 Follow-up on contract audit reports.

5315.407-91-3 Responsibilities.

(b) The MAJCOM responsibilities designated in AFFARS 5315.491-3(b) are delegated to the SCCO. RCS:DD-IG(SA)1580, Policy for Follow-up on Contract Audit Reports, applies and shall be submitted through the PK Audit Reporting System.

(1) The Chief of Pricing, Finance and Specialized Policy Branch, HQ AFMC/PKPC, is the designated contract audit follow-up official responsible for managing the command's contract audit follow-up program.

5315.490 Reopener clauses.

(a) Insert in Section H a reopener (savings) clause only in unusual situations where a significant cost element or event cannot be reasonably estimated and mutually agreed upon.

(b) Consider the limited availability of expiring year funds to cover upward adjustments, along with the associated risks of a potential unfunded contingent liability and an Anti-Deficiency Act violation when drafting a reopener clause. Sufficient funds must be committed to cover the reasonably expected liability of any upward adjustable reopener clause.

(c) Ensure controls are established to track the contractor's compliance with the clause's definitization milestones and negotiate at the earliest opportunity.

SUBPART 5315.6-UNSOLICITED PROPOSALS

5315.606 Agency procedures.

5315.606-90 Air Force procedures.

(a) Procedures for receipt and disposition of unsolicited proposals are contained in AFMC Pamphlet 64-101, Unsolicited Proposal Guide, available on the WWW (https://www.afmc-mil.wpafb.af.mil/pdl/afmc/pam/64series/64_101/64-101.pdf).

SUBPART 5315.90--OMBUDSMAN PROGRAM

5315.9000 Purpose and applicability.

The primary function of the Ombudsman is to hear concerns about specific issues in acquisitions and to communicate these concerns to senior management personnel for the particular acquisition. The Ombudsman must act in a manner that does not compromise the interested party. If requested, anonymity will be maintained. The Ombudsman shall not usurp normal procurement authority (e.g., program director, contracting officer, and source selection authority). The Ombudsman must remain impartial and, therefore, shall not serve as a member of the acquisition team for source selections conducted under this part, including, but not limited to, being a member of the PRAG, SSAC, SSET or as the SSA.

5315.9001 Procedures.

(a) The Center Commander shall appoint an experienced senior official(s) as the Ombudsman. The Ombudsman will have sufficient authority to call upon other resources of the activity to accomplish the mission.

(b) The Ombudsman shall:

(1) work with acquisition personnel to resolve issues raised by interested parties;

(2) report only to the DAC, Center Commander, or PEO; and

(3) inform the commander or PEO, as required, of issues raised and actions taken.

(c) Consistent with security requirements, the Ombudsman shall have access to the appropriate offices and be allowed to collect all relevant facts to resolve issues raised by interested parties. Ombudsmen are granted access to proprietary information. Source selection information must be obtained through the contracting officer (See AFFARS 5315.207).

(d) Identify the Ombudsman in the initial Commerce Business Daily (CBD) announcement of the acquisition (e.g., Requests for Information, solicitation, Sources Sought Synopses) by including a statement similar to the one prescribed at 5305.207(f)(90). Also, either include the same statement, substantially as written, in solicitation executive summary or cover letters or include the provision at 5352.215-9016, Acquisition Ombudsman, substantially as written, in Section L.

PART 5343-CONTRACT MODIFICATIONS

SUBPART 5343.1--GENERAL

5343.102 Policy.

5343.102-90 AFMC policy.

Add all contract modification information to block 14 of the SF 30, Amendment of Solicitation/Modification of Contract. When writing contract modifications, the intended effect of the modification in relation to the contract must be easily determined. To enable correct interpretation of the change, follow the procedures as set forth below:

(a) Clearly display all changes to dollar amounts, quantities, delivery dates, delivery destinations, MILSTRIP requisition numbers, accounting classifications, and accounting classification reference numbers as a "FROM" and "TO" entry. When a modification is not issued sequentially, the modification must also identify contract modifications which have not yet been distributed. In the case of quantities and dollar amounts, show on the modification the old and new quantity or amount and the net increase/decrease.

(b) Modifications changing a delivery date expressed in the contract as ARO days must have the new schedule expressed as a specific calendar date(s). This instruction does not apply to contracts where the delivery date is contingent upon completion of an act by either party.

(c) Identify any specific changes made by the modification to the contract in the order of uniform contract format, including the face page.

5343.190 Work requests.

(a) Definitions. A Work Request is an order for supplies or services which could not be determined at the start of the contract and where failure to furnish the supplies or perform these services would not preclude the contractor from performing the basic contract task.

(b) Work requests are appropriate for use on contracts for maintenance, repair or overhaul of Government property furnished under contracts for supporting tests of equipment, including modifying support equipment undergoing RDT&E; and for modifications to correct site peculiar conditions that impede accomplishment of contracted efforts.

(c) The contracting officer shall insert the clause at 5352.243-9000, Work Requests, substantially as written, in Section I when using work requests, as defined in 5343.190(a) above.

PART 5347--TRANSPORTATION

TABLE OF CONTENTS

SUBPART 5347.1--GENERAL

SUBPART 5347.3--TRANSPORTATION IN SUPPLY CONTRACTS

PART 5347--TRANSPORTATION

SUBPART 5347.1--GENERAL

5347.104 Government rate tenders under section 10721 of the Interstate Commerce Act.

5347.104-4 Contract clauses.

(90) Insert the clause at 5352.247-9000, Commercial Bill of Lading Shipments - Carrier's Rates, in Section F of all f.o.b. origin cost-reimbursement and fixed-price solicitations and contracts incorporating FAR 52.247-1, Commercial Bill of Lading Notations (see FAR 47-104.4(b)).

SUBPART 5347.3--TRANSPORTATION IN SUPPLY CONTRACTS

5347.303 Standard delivery terms and contract clauses.

5347.303-4 F.o.b. origin, freight prepaid.

(c)(90) Insert the clause at 5352.247-9001, F.o.b. Origin, Freight Prepaid, in Section F when the contracting officer and transportation office determine it is in the best interest of the Government to authorize prepaid freighting charges (e.g., origin of shipment is Canada).

(91) Insert the clause at 5352.247-9002, F.o.b. Origin, Transportation Instructions, in Section F when the transportation administration is retained by the contracting office with the concurrence of the transportation office.

5347.303-5 Direct/On-Demand Shipment of Serviceable Items.

(90) The contracting officer may insert the clause at 5352.247-9018, Direct/On-Demand Shipment of Serviceable Items, when Performance Based Delivery on Demand Contracts will be used.

5347.305 Solicitation provisions, contract clauses, and transportation factors.

5347.305-6 Shipments to ports and air terminals.

(a)(90) This subsection addresses shipments of U.S. Government material (non-FMS) originating overseas such as deliveries from foreign firms or CONUS firms with overseas operations. Insert the clause at 5352.247-9003, F.o.b. Point for U.S. Shipments Originating Outside the Continental U.S., in Section F when shipments originate outside the continental U.S. for U.S. requirements.

(91) Insert the clause at 5352.247-9004, F.o.b. Point for FMS Shipments Originating Outside the U.S., and FAR 52.247-34, F.o.b. Destination, in Section F when FMS shipments originate outside the continental U.S.

5347.305-10 Packaging, marking, and consignment instructions.

(a)(90) Use AFMC Form 158, Packaging Requirements, or similar document for all acquisitions requiring delivery of hardware items.

(91) Insert the clause at 5352.247-9005, Shipping Container Marking, substantially as written, in Section D when the Government requires marking and/or bar coding in accordance with the requirements of MIL-STD-129, Standard Practice for Military Marking. The additional bar coding requirements will be identified on the AFMC Form 158.

(92) Insert the clause at 5352.247-9006, Marking of Warranted Items, substantially as written, in Section D when the items to be delivered are covered by a warranty.

(93) Insert the clause at 5352.247-9007, Specification Commercial Packaging, in Section D when the Government requires the use of commercial packaging to the American Society for Testing and Materials (ASTM) Specification D3951. This is the preferred commercial packaging requirement. In addition to this clause, if marking and bar coding are required, use 5352.247-9005 to identify the requirements.

(94) Insert the clause at 5352.247-9008, Contractor Commercial Packaging, in Section D when other packaging requirements are not appropriate or acceptable to the offeror. In addition to this clause, if marking and bar coding are required, use 5352.247-9005, Shipping Container Marking, to identify appropriate requirements.

(95) Insert the clause at 5352.247-9009, Military Packaging and Marking, in Section D when military specification packaging and marking are required.

(96) When the contractor is to develop (design and/or manufacture) a new engineered or specialized container, the requirement must be identified as a separate line item in the purchase request, the solicitation, and the contract. The proposal shall include the proposed container cost broken into design and manufacturing elements. Approval for purchase of new containers shall be determined by AAC/WMGC, 102 West D Avenue, Suite 168, Eglin AFB FL 32542-6807 for munitions containers and AFMC LSO/LOP, 5215 Thurlow Street, Wright-Patterson AFB OH 45433-5540 for nonmunitions containers. The approval shall be provided to the contracting officer for notification to the contractor. Insert the clause at 5352.247-9010, Engineered or Specialized Containers, substantially as written, in Section D. Data items, DI-PACK-80683, Container Design and Retrieval System (CDRS) Search Request, and DI-PACK-80684, Container Design and Retrieval System (CDRS) Data Input, must be identified on the DD Form 1423, Contract Data Requirements List.

(97) Insert the clause at 5352.247-9011, Packaging and Marking of Hazardous Material, substantially as written, in Section D when an acquisition is for the delivery of commercial or military items involving hazardous material.

(98) Insert the clause at 5352.247-9012, Packaging for Inspection and Acceptance at Destination, in Section D when packaged material requires inspection at destination.

(99) Insert the clause at 5352.247-9013, Packaging Data, in Section D when the Government will purchase the rights to the packaging design and data.

(91) When the "ship to" is unknown at the time of award, shipping instructions shall be provided through contract modifications. These shipping instructions shall identify shipping destinations in accordance with the Department of Defense Activity Address Directory (DoDAAD) or Military Assistance Program Address Directory (MAPAD) codes assigned. Telephone, teletype, or telegram shipping instructions issued pursuant to FAR 47.305-10(c) shall be confirmed through a contract modification.

(92) For shipment of Foreign Military Sales (FMS) material:

(i) The following data are required on the acquisition documents and in the resulting contracts or orders:

(A)"Ship to" Military Assistance Program Address Code (MAPAC).

(B)"Mark for" MAPAC.

(C) MILSTRIP requisition number.

(D) MILSTRIP supplemental address.

(E) Issue Priority Designator.

(ii) The complete in-the-clear address for the MAPACs shall be provided to the contractor by the cognizant transportation office when the material is available for shipment. In-the-clear addresses shall not be printed in the contracts or orders for the MAPACs because they are subject to frequent change. When contracts or orders show shipping points outside of CONUS, the requiring activity shall assure that shipping instructions conform to the negotiated delivery conditions.

(93) These shipments shall include data similar to (b)(i)(A) through (b)(i)(D) of DFARS 247.305-1. The transportation office of the organization providing contract administration services shall convert the data to a transportation control number (TCN) as prescribed by DoD 4500.32-R, Military Standard Transportation and Movement Procedures, Volume I, Appendix C, and a transportation account code (TAC) as prescribed by DoD 4500.32-R, Volume II, Chapter 11.

(94) Insert the clause at 5352.247-9015, Temporary Storage of FMS Munitions Items, in Section F for FMS munitions items when it is anticipated that the clear text shipping address and transportation instructions may not be available when the units are ready for shipment at the contractor's plant.

(d)(91) (deleted).

5347.305-12 Delivery of Government-furnished property.

(a)(90) Insert the clause at 5352.247-9017, F.o.b. Point for Delivery of Government-Furnished Property, in Section F when the contract includes FAR 52.247-55, F.o.b. Point for Delivery of Government-Furnished Property, and the Government shall pay transportation costs to the f.o.b. point.

5347.305-13 Fast Transportation

(90) The contracting officer may insert the clause at 5352.247-9019, Fast Transportation, when Performance Based Delivery on Demand Contracts will be used.

5347.373-90 DD Form 1654, Evaluation of Transportation Cost Factors.

To provide a more rapid response of transportation cost evaluation data for competitive procurements, procedures as outlined below may be used.

(a) Complete applicable portions of the DD Form 1654. Enter the price difference between the two lowest bidders/offerors on the last line in Column "A".

(b) The transportation specialist shall compare the price difference with the maximum transportation cost for the item:

(1) When the computed cost is 80% or more than the price spread in Column "A," complete all remaining portions of the DD Form 1654.

(2) When the computed cost is less than 80% of the price spread in Column "A," annotate the DD Form 1654 that transportation costs are not significant in this procurement and include the maximum transportation cost figure computed above.

PART 5352--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

TABLE OF CONTENTS

SUBPART 5352.2--TEXTS OF PROVISIONS AND CLAUSES

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

________________________________________ __________

________________________________________ __________

________________________________________ __________

________________________________________ __________

(End of provision)

Alternate I (AFMC) (JUL 1997). As prescribed in 5315.209-90(e), substitute paragraph (b) below for paragraph (b) of the basic provision 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.

5352.215-9015 Reserved.

5352.215-9016 Acquisition Ombudsman.

As prescribed in 5315.9001(d), insert a provision, substantially as written, in Section L when the Ombudsman statement is not included elsewhere in the solicitation:

ACQUISITION OMBUDSMAN (AFMC) (JUL 1997)

An Ombudsman has been appointed to hear concerns from offerors or potential offerors during the proposal development phase of this acquisition. The Ombudsman does not diminish the authority of the program director or Contracting Officer, but communicates Contractor concerns, issues, disagreements, and recommendations to the appropriate Government personnel. When requested, the Ombudsman shall maintain strict confidentiality 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 (insert Ombudsman's name) at (insert Ombudsman's telephone number).

(End of provision)

5352.215-9017 NOTICE TO PROSPECTIVE SUPPLIERS

As prescribed in 5315.209-90(m)(1), insert the clause in Section L. for competitive spares solicitations that will use the Red/Yellow/Green (RYG) Program for evaluation of past performance.

NOTICE TO PROSPECTIVE SUPPLIERS (AFMC) (APR 2001)

(a) This procurement will use the Red/Yellow/Green (RYG) Program in the evaluation of past performance. The Government reserves the right to award to the supplier whose quote represents the best value to the Government. As such, the basis for award will include an evaluation of each supplier's past performance history for the Federal Supply Class of the supplies being purchased.

(b) The procedures described in the Section M provision entitled, "Additional Evaluation Factor for Consideration of Past Performance - Red/Yellow/Green Program (APR 2001)", will be used to assist in determining the best value for the Government.

(End of Provision)

5352.215-9018 ADDITIONAL EVALUATION FACTOR FOR CONSIDERATION OF PAST PERFORMANCE- RED-YELLOW-GREEN PROGRAM

As prescribed in 5315.209-90(m)(2), insert the provision in Section M for competitive spares solicitations for simplified acquisitions subject to the Red/Yellow/Green (RYG) Program. If any factor other than price and adjusted price based on the RYG program ratings are to be used, those factors must be stated in Section M.

ADDITIONAL EVALUATION FACTOR FOR CONSIDERATION OF PAST PERFORMANCE- RED-YELLOW-GREEN PROGRAM (AFMC) (APR 2001)

(a) This procurement will use the Red/Yellow/Green (RYG) Program for the evaluation of past performance. The purpose of RYG is to assist contracting personnel during source selection to determine the best value for the Government. The program uses accumulated supplier past performance data to classify each supplier's performance by Federal Supply Class(s) as either red (high risk), yellow (moderate risk), green (low risk), or neutral (no risk established). The Contracting Officer may also consider like/similar FSCs for ratings for their specific acquisition, if appropriate

(b) To assist in source selection, a monetary assessment in the form of a Technical Evaluation Adjustment (TEA) is added to each supplier's quote having a red or yellow classification for the FSC involved. The dollar amount of the red or yellow TEA assessment is based on the cost to the Government of effecting additional actions required to assure performance by a supplier with an unsatisfactory performance history for the FSCs involved. No TEA is assessed for a supplier having either a green or a neutral FSC RYG classification. For purposes of the RYG program, a neutral classification is assigned to suppliers who are first time quoters to the Government for the FSC(s) involved, suppliers otherwise having no past performance data in the RYG database for the FSC(s) involved, and suppliers whose past performance data in the RYG database for the FSC(s) involved are over three years old. After consideration of any other pertinent, price-related factors (e.g., transportation charges, first article testing, discount terms), the adjusted price becomes the basis for determining award. A supplier's FSC RYG classification may change over time as new or revised performance data becomes available.

(c) RYG classifications are summarized as follows:

(1) Green is low risk. No performance assurance actions are considered necessary. No TEA will be assessed. If the TEA ratings for an offeror with a Green rating are identical to those of an offeror with a neutral rating, the CO may consider award to the offeror with the Green rating.

(2) Yellow is moderate risk. Additional performance assuring actions are considered

necessary. A TEA will be applied to the prospective supplier's price to reflect the

Government's estimated additional costs.

(3) Red is high risk. Significant additional performance assurance requirements are considered necessary. A TEA will be applied to the prospective supplier's price to reflect the Government's estimated additional costs.

(4) Neutral is "unknown risk". No TEA is assessed; nevertheless, additional

performance assurance requirements may be considered necessary to assure

quality and on-time delivery.

(End of Provision)

Alternate 1

(a) This procurement will consider the RYG Program ratings on FSCs in the evaluation of past

performance. The Contracting Officer may also consider like/similar FSCs for ratings for their specific acquisition, if appropriate. Other sources of past and present performance information may also be used by the government in its evaluation.

(b) For purposes of the RYG program, a neutral classification is assigned to suppliers who are first time quoters to the Government for the FSC(s) involved, suppliers otherwise having no past performance data in the RYG database for the FSC(s) involved, and suppliers whose past performance data in the RYG database for the FSC(s) involved are over three years old.

(c) Cost impact of factors associated with late delivery or poor quality (e.g., transportation charges, first article testing, discount terms), may be considered as part of any best value analysis. A supplier's FSC RYG classification may change over time as new or revised performance data becomes available.

(d) RYG classifications are summarized as follows:

(1) Green is low risk. No performance assurance actions are considered necessary.

(2) Yellow is moderate risk. Additional performance assuring actions are considered

necessary.

(3) Red is high risk. Significant additional performance assurance requirements are considered necessary.

(4) Neutral is no risk established.

(End of Provision)

5352.216-9000 Economic Price Adjustment (EPA).

As prescribed in 5316.203-4(d)(2)(i), the following is a sample clause that may be inserted in Section I:

ECONOMIC PRICE ADJUSTMENT (EPA) (AFMC) (JUL 1997)

(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:

(To be proposed by the Contractor)

(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: (insert applicable index and title).

(2) The material index used for this clause is as follows: (insert applicable index and title).

(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:

(f) Determine the economic price adjustment as follows:

(1) Subtract the forecasted 12-month average index rate for labor from the actual 12-month average index rate using the same calendar year for both. Divide the difference by the projected 12-month average index rate. Then subtract the forecasted 12-month average index rate for material from the actual 12-month average index rate using the same calendar year for both. Divide the difference by the projected 12-month 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 percent, calculate the adjustment as described in the following paragraphs. If the sum is less than 2.0 percent, 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 (insert number of days) 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, 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:

(1) Round decimals to 3 decimal places;

(2) Round dollar calculations to the nearest whole dollar;

(3) Round up numbers equal to or greater than 5;

(4) Round 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.

(m) Computation worksheet:

(End of clause)

5352.216-9001 Payment of Fee.

As prescribed in 5316.307(b), insert the following clause, substantially as written, in Section B:

PAYMENT OF FEE (AFMC) (JUL 1997)

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 agree-upon period(s) for term contracts).

Estimated Cost $ __________

(insert target or fixed fee) Fee $ __________)

(End of clause)

5352.216-9002 Predetermined Indirect Cost Rates In Effect.

Pursuant to 5316.307(i)(90), insert the following clause, substantially as written, in Section B when the clause at FAR 52.216-15, Predetermined Indirect Cost Rates, is used:

PREDETERMINED INDIRECT COST RATES IN EFFECT (AFMC) (JUL 1997)

The predetermined rate agreement, (insert title of agreement and date) in effect on the date of this contract is (Contracting Officer insert either: incorporated by reference herein or attached in Section J).

(End of clause)

5352.216-9003 Award Fee.

As prescribed in 5316.406(90), insert the following clause, substantially as written, in Section I:

AWARD FEE (AFMC) (MARCH 2000)

(a) 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.

(b) 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.

(c) Award Fee Plan. 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.

(d) 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 before the start of the upcoming evaluation period. Changes affecting the current evaluation period must be by bilateral agreement.

(e) Self-Evaluation. The Contractor may submit to the Contracting Officer, within five (5) working days after the end of each award fee evaluation period, a brief written self-evaluation 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.

(f) Determination and Methodology. The determination and methodology for determining the award-fee amount are unilateral decisions made solely at the discretion of the Government.

(g) 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 Contracting Officer's authorization for payment of the earned award fee amount.

(End of clause)

5352.216-9004 Authority to Issue Orders.

As prescribed in 5316.506(90) and 5316.703-90(a), insert the following clause, substantially as written, in Section I:

AUTHORITY TO ISSUE ORDERS (AFMC) (JUL 1997)

(insert either All or Only) Contracting Officers within the (insert either DoD, Air Force, or AFMC) are authorized to issue orders hereunder.

(End of clause)

5352.216-9005 Procedures for Issuing Orders.

As prescribed in 5316.703-90(b), insert the following clause, substantially as written, in Section I:

PROCEDURES FOR ISSUING ORDERS (AFMC) (JUL 1997)

The parties agree that orders issued under this basic ordering agreement shall become binding contracts when:

(a) issued by the 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 Contracting Officer issues a unilateral order and the Contractor fails to reject, in writing, the order within (insert number of calendar days) days following the issuance of the order; or

(d) the Contractor indicates acceptance of the order by letter, telegraph, or signature on the contractual ordering form issued by the Contracting Officer.

(End of clause)

5352.216-9006 Procedures for Pricing Unpriced Orders.

As prescribed in 5316.703-90(c), insert the following clause, substantially as written, in Section I of those BOAs where unpriced orders will be issued:

PROCEDURES FOR PRICING UNPRICED ORDERS (AFMC) (JUL 1997)

(a) Within (insert between 30-60 days in any unpriced order

"Contractor's offer of (insert date

(1) 150 days from the issue date of the unpriced order,

(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

5352.216-9007 Obligations of Contractor Under Unpriced Orders.

As prescribed in 5316.703-90(d), insert the following clause, substantially as written, in Section I of those BOAs where unpriced orders will be issued:

OBLIGATIONS OF CONTRACTOR UNDER

UNPRICED ORDERS (AFMC) (JUL 1997)

(1) 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,

(2) identify any obsolete item ordered and withhold production of same,

(3) recommend superseding or interchangeable parts,

(4) report any errors in stock number or other discrepancies in the order.

(b) Upon receipt of the foregoing information, the parties shall negotiate to modify the order as deemed necessary.

(End of clause)

5352.216-9008 Term of Agreement.

As prescribed in 5316.703-90(e), insert the following clause, substantially as written, in Section I:

TERM OF AGREEMENT (AFMC) (JUL 1997)

(a) Orders may be issued hereunder for a period of (Contracting Officer to insert period of time not-to-exceed three years), beginning on the effective date shown on the cover page of this basic ordering agreement (BOA). 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.

(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.

(End of clause)

5352.217-9000 Reduction of Multiyear Requirement.

As prescribed in 5317.106-2(c), insert the following provision in Section L:

REDUCTION OF MULTIYEAR REQUIREMENT (AFMC) (JUL 1997)

If the Government determines before award that only the first program year requirements are needed, the Government shall evaluate offers and make award solely on the basis of offers on that first year.

(End of provision)

5352.217-9001 Cancellation Ceiling.

As prescribed in 5317.106-2(d), insert the following clause in Section I:

CANCELLATION CEILING (AFMC) (JUL 1997)

Cancellation shall occur if the Contracting Officer fails to notify the Contractor that funds are available by the respective dates indicated below. The following cancellation ceilings are established:

Second Program Year: Cancellation Ceiling -$ NTE Date/Period

Third Program Year: Cancellation Ceiling -$ NTE Date/Period

Fourth Program Year: Cancellation Ceiling -$ NTE Date/Period

Fifth Program year: Cancellation Ceiling -$ NTE Date/Period

(End of clause)

5352.217-9002 Minimum Award Under Multiyear Procedure.

As prescribed in 5317.106-2(e), insert the following provision in Section L:

MINIMUM AWARD UNDER MULTIYEAR PROCEDURE (AFMC) (JUL 1997)

Consistent with evaluation criteria established within Section M of this solicitation, award shall not be made on less than the first program year requirements.

(End of provision)

5352.217-9003 Submission of Multiyear Prices.

As prescribed in 5317.106-3(f), insert the following provision in Section L:

SUBMISSION OF MULTIYEAR PRICES (AFMC) (JUL 1997)

Offerors shall submit a response/responses priced to cover the following:

(a) Total requirements of the first program year.

(b) Total multiyear requirements (all program years).

Submissions not in accordance with above shall not be considered for award and shall 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.

(End of provision)

5352.217-9004 Multiyear Unit Prices.

MULTIYEAR UNIT PRICES (AFMC) (JUL 1997)

Unit prices submitted for each item or service in the total multiyear requirement shall be the same for all program years (level unit price).

(End of provision)

5352.217-9005 Multiyear Pricing of Option Items.

As prescribed in 5317.107, insert the following provision in Section L:

MULTIYEAR PRICING OF OPTION ITEMS (AFMC) (JUL 1997)

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 basic contract.

(End of provision)

5352.217-9006 Award of Mission Essential Quantity.

As prescribed in 5317.7590-4, insert the following provision, substantially as written, in Section M when use of the Insurance Policy is desired:

AWARD OF MISSION ESSENTIAL QUANTITY (AFMC) (AUG1998)

(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 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 shall first determine the apparent successful offeror for the complete quantity under Alternative 1. If offers 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 shall be evaluated. Once a decision has been made to progress to Alternative 2, offers under Alternative 1 shall no longer be considered (e.g. the Contracting Officer shall 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).

(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).

(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 the final proposal revision 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 15.403-1, Prohibition on obtaining cost or pricing data. 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 shall follow as necessary to determine fair and reasonable prices. Under these circumstances, any contract with the proven source would contain the clause at FAR 52.215-10, 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 shall 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.

(End of provision)

5352.217-9007 Interchangeable Part Number(s)/National Stock Number(s)

(Applicable to CLIN/SubCLIN(s)________).

As prescribed in 5317.7591(a), insert the following provision in Section K:

INTERCHANGEABLE PART NUMBER(S)/NATIONAL STOCK NUMBER(S)

(APPLICABLE TO CLIN/SUBCLIN(S)________) (AFMC) (JUL 1997)

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)

(End of provision)

5352.217-9008, Assignment of National Stock Numbers (Applicable to

CLIN/SubCLIN(s)_________).

As prescribed in 5317.7591(b), the Contracting Officer shall insert the following clause in Section D:

ASSIGNMENT OF NATIONAL STOCK NUMBERS (APPLICABLE TO CLIN/SUBCLIN(S)_________) (AFMC) (AUG 1998)

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 shipping date, the Contractor shall notify (insert responsible Government office symbol, location and phone number) and request the NSNs.

(End of clause)

5352.217-9009 Provisioning Procedures.

As prescribed in 5317.7602-1(90), insert the following clause, substantially as written, in Section I:

PROVISIONING PROCEDURES (AFMC) (AUG 1998)

(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 terms 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 required 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 increases and 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, Limitation on obligations, based on the not-to-exceed 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 increases and 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 a provisioning requirement package:

(1) Initial Provisioning Performance Specification (IPPS), with attachments, if listed in Section J of the contract, is incorporated herein and made a part hereof.

(2) AFMC Form 718, "Provisioning Performance Schedule," if listed in Section J of the contract, is incorporated herein and made a part hereof.

(3) If any of the above documents are not listed in Section J of the 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 upon request by the Prime Provisioning Activity.

(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 shall 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 submit appropriate provisioning technical documentation and estimated unit cost(s) within thirty (30) days of the 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 15.4, Contract Pricing. Pursuant to FAR 42.3, Contract Administration Office Functions, 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, Suspension or reduction of payments.

(3) 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.

(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)

(4) (insert complete Prime Provisioning Activity (PPA) mailing address)

(End of clause)

5352.217-9010 Associate Contractor Agreements.

As prescribed in 5317.9203(a), include the following clause, substantially as written, in Section I:

ASSOCIATE CONTRACTOR AGREEMENTS (AFMC) (JUL 1997)

(a) The Contractor shall enter into Associate Contractor Agreements (ACA) for any portion of the contract requiring joint participation in the accomplishment of the Government's requirement. The agreements shall include the basis for sharing information, data, technical knowledge, expertise, and/or resources essential to the integration of the (insert name of the program or project) which shall 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) ACAs shall 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 review before execution of the document by the cooperating contractors.

(d) Nothing in the foregoing shall affect compliance with the requirements of the clause at 5352.209-9002, Organizational Conflict of Interest.

(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

(End of clause)

5352.217-9011 Demonstration Milestones.

As prescribed in 5317.9301, include a clause, substantially as written, in Section I:

DEMONSTRATION MILESTONES (AFMC) (JUL 1997)

(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 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 the milestones 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 shall 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) shall 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.

(e) Government action to obligate funds under the "Limitation of Government's Obligation" clause or the "Limitation of Funds" clause shall not be interpreted to be an acceptance of the work performed by the Contractor. 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) ______________________ ___________ ________

(End of clause)

5352.219-9000 Incorporation of Subcontracting Plan.

As prescribed in 5319.705-5(a), insert the following clause, substantially as written, in Section I:

INCORPORATION OF SUBCONTRACTING PLAN (AFMC) (JUL 1997)

In accordance with FAR 52.219-9, Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan, the subcontracting plan contained in (insert proposal number or contract number) dated (insert date) is incorporated herein by reference. The small business goal is (insert goal percentage). The small disadvantaged business goal is (insert goal percentage). The women-owned small business goal is (insert goal percentage).

(End of clause)

5352.219-9001 Submission of Subcontracting Plan.

As prescribed in 5319.705-5(b), insert the following clause, substantially as written, in Section I:

SUBMISSION OF SUBCONTRACTING PLAN (AFMC) (JUL 1997)

In accordance with FAR 52.219-9, Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan, the Contractor's preliminary Subcontracting Plan (insert the number or title of the plan ) dated (insert date), has been approved and is incorporated herein by reference. The final plan meeting the minimum requirements of FAR 19.704, Subcontracting plan requirements, must be submitted in sufficient time to permit negotiations thereof within 90 days, or before definitization, whichever occurs first. (End of clause)

5352.219-9002 Small, Small Disadvantaged and Women-Owned Small

Business Subcontracting Plan (Test Program).

As prescribed in 5319.705-5(90), insert the following clause, substantially as written, in Section I:

SMALL, SMALL DISADVANTAGED AND WOMEN-OWNED SMALL BUSINESS

SUBCONTRACTING PLAN (TEST PROGRAM)(AFMC) (JUL 1997)

In accordance with DFARS 252.219-7004, Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan, the Contractor's Comprehensive Subcontracting Plan dated (insert date) and its successors is herein incorporated by reference.

(End of clause)

5352.223-9000 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:

USE OF HAZARDOUS MATERIALS IN THE PERFORMANCE OF

ON-BASE CONTRACTS (AFMC) (JUL 1997)

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

(b) The list of hazardous materials identified FAR 52.223-3, Hazardous Material Identification and Material Safety Data, and DFARS 252.223-7001, Hazard 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 (insert locally specified time period) and/or a (insert locally specified quantity of material) under this contract is hazardous based on changes in the composition of the item(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 referenced above or updates resulting from paragraph (b) of this clause 15 days prior to bringing the items on base. Update the report at least monthly (beginning no later than 30 days after the material is brought on base) until the hazardous material is removed 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).

(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.

(End of clause)

5352.223-9001 Enhanced Physical Security of Products.

As prescribed in 5323.9101 insert the following clause, substantially as written, in Section I:

ENHANCED PHYSICAL SECURITY OF PRODUCTS (AFMC) (JUL 1997)

The Contractor shall provide enhanced physical security for the products being acquired by the contract under (insert appropriate line item(s)) while the product is under the Contractor's control. Enhanced physical security for the products are described in attachment (insert attachment number).

(End of clause)

5352.225-9000 Law Covering Contracts.

As prescribed in 5325.902-90, insert the following clause in Section I:

LAW COVERING CONTRACTS (AFMC) (JUL 1997)

This contract shall be governed by and interpreted in accordance with the laws of the United States of America.

(End of clause)

5352.225-9001 English Language Requirements.

As prescribed in 5325.902-91, insert the following clause in Section I:

ENGLISH LANGUAGE REQUIREMENTS (AFMC) (JUL 1997)

(a) Deliver all documents in the English language.

(b) Provide an English language speaking person during in-plant visits, inspections, reviews, audits, and other similar activities.

(End of clause)

5352.225-9002 Special Provision Under Paragraph (d) of FAR Clause

52.229-6, Taxes - Foreign Fixed-Price Contracts.

As prescribed in 5325.7300-90, insert the following clause, substantially as written, in Section I:

SPECIAL PROVISION UNDER PARAGRAPH (d) OF FAR CLAUSE 52.229-6, TAXES - FOREIGN FIXED-PRICE CONTRACTS (AFMC) (JUL 1997)

The government of (insert name of country) has agreed not to impose certain taxes, duties, and similar charges on the Contractor and its subcontractors. Those are: (list taxes, duties and other charges).

(End of clause)

5352.227-9000 Export-Controlled Data Restrictions.

As prescribed in 5327.601(90), insert the following clause, substantially as written, in Section I:

EXPORT-CONTROLLED DATA RESTRICTIONS (AFMC) (JUL 1997)

(a) For the purpose of this clause,

(1) Foreign person is any person who is not a citizen or national of the U.S. or lawfully admitted to the U.S. for permanent residence under the Immigration and Nationality Act, and includes foreign corporations, international organizations, and foreign governments;

(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;

(3) Foreign sources are those sources (vendors, subcontractors, and suppliers) owned and controlled by a foreign person; and

(b) The Contractor shall place a clause in subcontracts containing appropriate export control restrictions, set forth in this clause.

(c) Nothing in this clause waives any requirement imposed by any other U.S. Government agency with respect to employment of foreign nationals or export controlled data and information.

(d) Equipment and technical data generated or delivered under this contract are controlled by the International Traffic in Arms Regulation (ITAR), 22 CFR Sections 121 through 128. An export license is required before assigning any foreign source to perform work under this contract or before granting access to foreign persons to any equipment and technical data generated or delivered during performance (see 22 CFR Section 125). The Contractor shall notify the Contracting Officer and obtain written approval of the Contracting Officer prior to assigning or granting access to any work, equipment, or technical data generated or delivered under this contract to foreign persons or their representatives. The notification shall include the name and country of origin of the foreign person or representative, the specific work, equipment, or data to which the person will have access, and whether the foreign person is cleared to have access to technical data (DoD 5220.22-M, National Industrial Security Program Operating Manual (NISPOM)).

(End of clause)

Alternate I (AFMC) (JUL 1997). As prescribed in 5327.601(90) add the following paragraph:

(e) If the Contractor has not complied with the ITAR, as applicable:

(1) and 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 the U.S. shall be employed to work under this contract,

(2) and is a foreign-owned, controlled, or influenced company located in the U.S., no subcontract(s) shall be awarded outside the U.S. and only U.S. citizens shall be employed to work under this contract.

5352.227-9001 Qualification of Offeror Under Export-Controlled Restricted

Solicitation.

As prescribed in 5327.9002(a), insert the following provision in Section L:

QUALIFICATION OF OFFEROR UNDER EXPORT CONTROLLED

RESTRICTED SOLICITATION (AFMC) (JUL 1997)

(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) Nothing in this notice contradicts other restrictions, identified in the synopsis notice or solicitation, regarding eligible sources.

(End of provision)

5352.227-9002 Visit Requests by Foreign-Owned or Controlled Firms.

As prescribed in 5327.9002(b), insert the following clause in Section I:

VISIT REQUESTS BY FOREIGN OWNED OR

CONTROLLED FIRMS (AFMC) (JUL 1997)

(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 submit a visit request to the security police office of the base being visited at least two weeks before the scheduled meeting.

(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.

(End of clause)

5352.228-9000 Payment and Performance Bonds Requirements for Fixed-

Price Subcontracts.

As prescribed in 5328.102-1(4)(a), insert a clause, substantially as written, in Section I:

PAYMENT AND PERFORMANCE BONDS REQUIREMENTS

FOR FIXED-PRICE SUBCONTRACTS (AFMC) (JUL 1997)

(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 is issued.

(End of clause)

5352.228-9001 Insurance Clause Implementation.

As prescribed in 5328.310(a) and 5328.311-1, insert the following clause in Section I:

INSURANCE CLAUSE IMPLEMENTATION (AFMC) (JUL 1997)

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, Liability, and contemplated by FAR 52.228-5, Insurance--Work on a Government Installation, and/or 52.228-7, Insurance--Liability to Third Persons.

(End of clause)

5352.228-9002 Ground and Flight Risk.

As prescribed in 5328.370-90, add the following paragraph(s) to DFARS 252.228-7001, Ground and Flight Risk in Section I:

GROUND AND FLIGHT RISK (AFMC) (JUL 1997)

The additional information contained in the subparagraphs below apply:

(a) In subparagraph (a)(2) of DFARS 252.228-7001, the term "Contractor's premises" means the property which comprises the facilities utilized by the Contractor at (insert geographical location of contractor's facility).

(b) In subparagraph (e) of DFARS 252.228-7001, the words "each separate event" means "each separate event per aircraft."

(End of clause)

5352.231-9000 Precontract Costs.

As prescribed in 5331.109-94, insert a clause, substantially as written, in Section I:

PRECONTRACT COSTS (AFMC) (JUL 1997)

All costs up to (insert dollar limitation) incurred by the Contractor after (insert 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.

(End of clause)

5352.231-9001 Segregation of Costs.

As prescribed in 5331.201-90, insert a clause, substantially as written, in Section I:

SEGREGATION OF COSTS (AFMC) (JUL 1997)

The Contractor shall segregate all costs associated with (insert contract line item(s)) of this contract from the costs associated with the other CLINs of this contract.

(End of clause)

5352.232-9000 Notice of Funding Status.

As prescribed in 5332.702-90, insert the following provision in Section L:

NOTICE OF FUNDING STATUS (AFMC) (JUL 1997)

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.

(End of provision)

5352.232-9001 Implementation of Limitation of Funds.

As prescribed in 5332.705-2(c), insert the following clause in Section B.

IMPLEMENTATION OF LIMITATION OF FUNDS (AFMC) (JUL 1997)

(a) The sum allotted to this contract and available for payment of costs under (insert contract line items) through (insert date) in accordance with the clause in Section I entitled "Limitation of Funds" is (insert dollar amount).

(b) In addition to the amount allotted under the "Limitation of Funds" clause, the additional amount of (insert dollar amount) is obligated for payment of fee for work completed under CLINs (insert contract line items).

(End of clause)

5352.232-9002 Rough Order of Magnitude (ROM) Estimate Profile.

As prescribed in 5332.791(a), insert the following provision, substantially as written, in Section L:

ROUGH ORDER OF MAGNITUDE (ROM)

ESTIMATE PROFILE (AFMC) (JUL 1997)

(a) A total Government Rough Order of Magnitude (ROM) estimate by Fiscal Year for the effort reflected in this solicitation is as follows.

FY Estimated Amount

__ _______________

(b) The offerors may consider these ROMs in developing their proposal. However, strict adherence to the funding profile incorporated herein shall 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 shall 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.

(End of provision)

5352.235-9000 Small Business Innovation Research (SBIR) Phase I and Phase II

Contract Requirements.

As prescribed in 5335.006(90), insert the following clause, substantially as written, in Section I:

SMALL BUSINESS INNOVATION RESEARCH (SBIR) PHASE I AND

PHASE II CONTRACT REQUIREMENTS (AFMC) (JUL 1997)

The following requirements of the FY (insert year) Department of Defense (DoD) solicitation for the Small Business Innovation Research (SBIR) program are incorporated herein by reference: (insert applicable requirements by paragraph number and title.)

(End of clause)

5352.235-9001 Key Positions and Minimum Qualifications.

As prescribed in 5335.007-90, insert the following clause, substantially as written, in Section I:

KEY POSITIONS AND MINIMUM QUALIFICATIONS

(AFMC) (JUL 1997)

(a) Contractor personnel holding the position titles and having the qualifications listed below are considered essential to the work being performed under this contract:

(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.

(End of clause)

5352.235-9002 Definition of Unusually Hazardous Risks.

As prescribed in 5335.070-3(90), include the following clause in Section I:

DEFINITION OF UNUSUALLY HAZARDOUS RISKS (AFMC) (JAN 1998)

For the purpose of the clauses at DFARS 252.235-7000, Indemnification Under 10 USC 2354--Fixed-Price (Dec 1991), and DFARS 252.235-7001, Indemnification Under 10 USC 2354--Cost Reimbursement (Dec 1991), it is agreed that all risks arising out of or resulting from:

(a) The burning, explosion, or detonation of propellants (liquid, solid, or gaseous), their constituent components, or their degradation products during preparation, mixing, storage, or loading;

(b) The burning, explosion, or detonation of liquid fueled rocket engines or solid fueled rocket motors during preparation, casting, storing, testing, transporting, launch preparation, or launch;

(c) The burning, explosion, or detonation of launch vehicles or their components during testing, transporting, preparation, or launch;

(d) The toxic or other unusually hazardous properties of propellants (liquid, solid or gaseous) or inert gases, their constituent ingredients, or their degradation products; (e) The flight or surface impact of launch vehicles or components or fragments thereof are "unusually hazardous risks" to the extent such risks arise out of performance of this contract.

(End of clause)

5352.235-9003 Application for Equipment Frequency Authorization.

As prescribed in 5335.071(90), insert the following clause, substantially as written, in Section I:

APPLICATION FOR EQUIPMENT FREQUENCY AUTHORIZATION (AFMC) (JUL 1997)

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 Equipment 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, Radio Frequency Spectrum Management, and on the form itself. The DD Form 1494 will be routed through the Administrative Activity Quality Control Office indicated on the cover of the form 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 DFARS 252.235-7003, Frequency Authorization.

(End of clause)

5352.236-9000 Magnitude of Construction Projects.

As prescribed in 5336.204(90), insert the following provision, substantially as written, in Section L:

MAGNITUDE OF CONSTRUCTION PROJECTS (AFMC) (JUL 1997)

The estimated price range for this project is between (insert lowest dollar value estimate) and (insert highest dollar value estimate)

(End of provision)

5352.236-9001 Preparation of Material Approval Submittals.

As prescribed in 5336.290(a) insert the following clause in Section I:

PREPARATION OF MATERIAL APPROVAL SUBMITTALS (AFMC) (JUL 1997)

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.

(End of clause)

5352.236-9002 Progress Schedules and Reports.

As prescribed in 5336.291(90), insert the following clause, substantially as written, in Section I:

PROGRESS SCHEDULES AND REPORTS (AFMC) (JUL 1997)

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.

(End of clause)

5352.236-9003 Nonpriced Items - SABER.

As prescribed in 5336.9000(a), insert the following clause, substantially as written, in Section B:

NONPRICED ITEMS - SABER (AFMC) (JUL 1997)

The Contracting Officer may negotiate and add items of work within the scope of the contract to the Unit Price Book during the contract term. Added items of work shall be incorporated by delivery order and performed at the negotiated unit price multiplied by the applicable coefficient. The Contractor shall identify nonpriced items (NPIs) separately in each proposal. Negotiate unit prices for nonpriced items and add to the Unit Price Book by supplemental agreement. Only direct costs of nonpriced 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.

(End of clause)

5352.236-9004 Offers - SABER.

As prescribed in 5336.9000(b), insert the following provision, substantially as written, in Section L:

OFFERS - SABER (AFMC) (JUL 1997)

(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 (insert 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., 1.2) 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 nonprepriced item unit prices.

(d) The Government shall not make a partial award under the terms of this solicitation.

(End of provision)

5352.236-9005 Ordering Procedures - SABER.

As prescribed in 5336.9000(c), insert the following clause, substantially as written, in Section C:

ORDERING PROCEDURES - SABER (AFMC) (JUL 1997)

(a) The Contracting Officer or the 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 authorized representative, or

(2) Establishing verbal contact with the Contracting Officer or the 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 the 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) Nonpriced work, if required, must be separately identified in the Contractor's proposal.

(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 nonpriced 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 nonpriced items and total .

(4) Delivery order price, delivery or performance date.

(5) Accounting and appropriation data.

(6) Any other pertinent data.

(End of clause)

5352.236-9006 Record Drawings - SABER.

As prescribed in 5336.9000(d), insert the following clause, substantially as written, in Section C:

RECORD DRAWINGS - SABER (AFMC) (JUL 1997)

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 percent of any progress payments to be made until such drawings are made current.

(End of clause)

5352.236-9007 Information Technology Support Requirements - SABER.

As prescribed in 5336.9000(e), insert the clause, substantially as written, in Section C:

INFORMATION TECHNOLOGY SUPPORT REQUIREMENTS - SABER

(AFMC) (JUL 1997)

(a) The Contractor is to provide and utilize for the duration of the contract computer systems as described below. Ownership of all systems will remain with the Contractor. (Insert number of systems to be provided) 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 information technology equipment for the duration of the contract.

(b) The computer system will consist of: (list information technology support equipment which the Contractor is to furnish).

(End of clause)

5352.236-9008 Model Unit Approval.

As prescribed in 5336.9100, insert the following clause, substantially as written, in Section I:

MODEL UNIT APPROVAL (AFMC) (JUL 1997)

(a) The Contractor shall complete (insert quantity) each model units(s), to be designated by the Contracting Officer, of CLIN (insert CLIN) before working on any other units of (insert 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 (insert number of days) calendar days. Total time for completion of the unit(s) shall not exceed (insert number of days) calendar days.

(b) Within (insert number of days) 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 (insert number of days) working days to correct all noncomplying items. If the Contractor fails to correct all noncomplying items within the required time, the Contractor shall be deemed to have failed to make delivery within 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 labor and material 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.

(End of clause)

Alternate I (AFMC) (JUL 1997). As prescribed in 5336.9100, if an option will be included, add the following paragraph.

(e) If an option is exercised, the Contractor shall complete (insert quantity) each model unit(s), to be designated by the Contracting Officer, of (insert CLIN) before working on any other units of (insert 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 (insert number of days) calendar days.

5352.237-9000 Employee Qualification.

As prescribed in 5337.110-90(a), insert the following clause, substantially as written, in Section I:

EMPLOYEE QUALIFICATION (AFMC) (JUL 1997)

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 for each employee performing services during the term of the contract. The resumes shall be delivered to the Contracting Officer 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 Contracting Officer determines to be appropriate. If the Contractor has already received payment, the Contracting Officer may make adjustment on the next invoice or require repayment by the Contractor.

(End of clause)

5352.237-9001 Contractor Identification.

As prescribed in 5337.110-90(b), insert the following clause, substantially as written, in Section I:

CONTRACTOR IDENTIFICATION (AFMC) (JUL 1997)

(a) Contractor personnel and their subcontractors must identify themselves as Contractors or subcontractors during meetings, 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.

(End of clause)

5352.237-9002 Contract Holidays.

As prescribed in 5337.110-90(c), insert the following clause, substantially as written, in Section G:

CONTRACT HOLIDAYS (AFMC) (JUL 1997)

(a) The prices/costs in Section B of the contract include holiday observances; 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:

(End of clause)

5352.239-9000 Discontinuance (IT Resources).

As prescribed in 5339.107-90(a), insert the following clause, substantially as written, in Section E:

DISCONTINUANCE (IT RESOURCES) (AFMC) (JUL 1997)

(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 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).

(End of clause)

5352.239-9001 Technology Insertion (IT Resources).

As prescribed in 5339.107-90(b), insert the following clause, substantially as written, in Section I:

TECHNOLOGY INSERTION (IT RESOURCES) (AFMC) (JUL 1997)

(a) As changes in technology occur, the Contractor shall 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 (insert number of days) , the Contractor shall either submit such a proposal or inform the Contracting Officer that no new items meet the above criteria.

(b) The Contractor shall 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.

(End of clause)

5352.239-9002 Replacements, Alterations and Attachments (IT Resources).

As prescribed in 5339.107-90(c), insert the following clause, substantially as written, in Section I:

REPLACEMENTS, ALTERATIONS AND ATTACHMENTS (IT RESOURCES) (AFMC) (JUL 1997)

(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 receipt of this advance notice.

(b) In the event such changes increase or decrease the cost of maintenance, parts, diagnostic software, or manuals, they 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.

(d) In the event such changes affect TEMPEST integrity, unless otherwise mutually agreed to, the Government shall assume responsibility that TEMPEST integrity is not compromised.

(End of clause)

Alternate I (AFMC) (JUL 1997). As prescribed in 5339.107-90(c), if TEMPEST is not involved delete paragraph (d) of basic clause.

5352.239-9003 Maintenance (IT Resources).

As prescribed in 5339.107-90(d), insert the following clause, substantially as written, in Section I:

MAINTENANCE (IT RESOURCES) (AFMC) (JUL 1997)

(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/or 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 (insert number of 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 at the Government request, in which case the on-call rates specified in this contract shall apply.

(4) The Government shall maintain site requirements in accordance with the environmental specifications of the equipment furnished by the Contractor.

(c) Principal Period Of Maintenance (PPM). Monthly maintenance shall be provided in accordance with the fixed monthly charges shown in the schedule and as follows:

(1) Commencement Date: (insert scheduled date of acceptance test completion)

(2) Scheduled Completion Date of the Acceptance Test: (insert date)

(3) PPM (insert days and hours)

(d) Remedial Maintenance (Outside the PPM) -- Should the Government require maintenance service outside the designated principal period of maintenance or extension thereof on an on-call basis, the 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 designated 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 of (insert time in hours)

(g) Maintenance Downtime Credits

(1) Definition: System (component) failure is that period of time when the system (component) is inoperative and no scheduled workload can be accomplished. Such failure shall 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 or component 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 (insert 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 (insert percent) or higher there is no credit due under this clause.

(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

(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 Requirements For Maintenance Of Government-Owned IT 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, shall be at Government expenses. The charges for such work authorized by the Government shall 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 commercial customers for such services. However, the reconditioning shall 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 contract.

(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 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:

(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.

(End of clause)

5352.239-9004 Task Change Proposals (IT Resources).

As prescribed in 5339.107-90(e), insert the following clause, substantially as written, in Section I:

TASK CHANGE PROPOSALS (IT RESOURCES) (AFMC) (AUG 1998)

(a) The Contracting Officer may at any time, in writing, request the Contractor to prepare and submit a Task Change Proposal (TCP) per data line item (insert TCP CDRL number) of the CDRL.

(b) Any Contractor TCP shall set forth a "not to exceed" price and delivery adjustment or a "not less than" price and delivery adjustment. If ordered, the equitable increase shall not exceed, nor shall the equitable decrease be less than, the "not to exceed" or "not less than" amounts. At the time of agreement upon the price of the TCP, the Contractor shall submit a signed Certificate of Current Cost or Pricing Data if cost or pricing data is required.

(c) The TCP shall be submitted within 30 days after receipt of the written request.

(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.

(End of clause)

5352.239-9005 Liquidated Damages Hardware/Software (IT Resources).

As prescribed in 5339.107-90(f), insert the following clause, substantially as written, in Section I:

LIQUIDATED DAMAGES HARDWARE/SOFTWARE (IT RESOURCES)

(AFMC) (JUL 1997)

(a) As an alternative remedy to FAR 52.249-8, Default (Fixed-Price Supply and Service), it is agreed the fixed rates specified below may be assessed as damages by the Government for Contractor's failure to install 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 owed to the Contractor. 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 hardware may be used to avoid liquidated damages if that is acceptable to the order issuing Contracting Officer. In such event, no price adjustments are contemplated, except when less costly substitute hardware is used longer than the number of days specified in paragraph (a) above. Nonetheless, failure to include all special features and accessories with substitute hardware, 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, Default (Fixed-Price Supply and Service).

(End of clause)

5352.239-9006 Contractor Furnished Software (IT Resources).

As prescribed in 5339.107-90(g), insert the following clause, substantially as written, in Section I:

CONTRACTOR FURNISHED SOFTWARE (IT RESOURCES)

(AFMC) (JUL 1997)

(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 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 shall 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.

(End of clause)

5352.239-9007 Contractor Sponsored Modifications (IT Resources).

As prescribed in 5339.107-90(h), insert the following clause, substantially as written, in Section I:

CONTRACTOR SPONSORED MODIFICATIONS (IT RESOURCES)

(AFMC) (JUL 1997)

(a) The Government shall have the option to have all Contractor or Original Equipment Manufacturer (OEM) sponsored Engineering Change Authorizations 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. 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 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 (insert number of days) days for Contractor sponsored modifications(s) after being notified by the Contractor that the modification is ready to be made.

(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 (IT Resources).

As prescribed in 5339.107-90(i), insert the following clause, substantially as written, in Section I:

CONTRACTOR SITE PREPARATION (IT RESOURCES) (AFMC) (JUL 1997)

(a) The Contractor shall prepare the designated site for equipment installation in accordance with the Site Preparation Plan Exhibit (insert exhibit number), CDRL (insert CDRL number), 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. 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 at 5352.239-9005, Liquidated Damages Hardware/Software (IT) Resources.

(End of clause)

5352.239-9009 Government Site Preparation (IT Resources).

As prescribed in 5339.107-90(j) insert the following clause, substantially as written, in Section I:

GOVERNMENT SITE PREPARATION (IT RESOURCES) (AFMC) (JUL 1997)

(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 from the Government that the site preparation is completed.

(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 (IT Resources).

As prescribed in 5339.107-90(k) insert the following clause, substantially as written, in Section I:

COMPUTATION OF FRACTIONAL CHARGES (IT RESOURCES) (AFMC)

(JUL 1997)

(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 (IT Resources).

As prescribed in 5339.107-90(l) insert the following clause, substantially as written, in Section I:

PROGRAMMING AIDS (IT RESOURCES) (AFMC) (JUL 1997)

The Contractor shall make available to the Government, without added charge, any programming aids for the equipment supplied under this contract that is furnished to other customers without charge. The programming aids shall be delivered with the associated equipment.

(End of clause)

5352.243-9000 Work Requests.

As prescribed in 5343.190(c), insert the following clause, substantially as written, in Section I:

WORK REQUESTS (AFMC) (APR 2001)

(a) The following procedure shall be used to order additional work of the type covered by (insert contract line item(s)) of the contract. Such work shall 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, the Contracting Officer 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 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, Amendment of Solicitation/Modification

of Contract;

(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.

(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 "Disputes" clause. Modifications to work requests may be issued subject to the same conditions as the original work request. The term "work" includes both supplies and services covered by the referenced CLIN(s).

(End of clause)

5352.243-9001 Advance Change Adjustment Agreements.

As prescribed in 5343.205(90), insert the following clause, substantially as written, in Section I:

ADVANCE CHANGE ADJUSTMENT AGREEMENTS (AFMC) (APR 2001)

(a) Purpose. This clause establishes a procedure by which the parties agree to change this contract per the Changes clause of this contract without an equitable adjustment to the contract price. The parties agree that each change not exceeding (insert dollar amount), which also does not affect the contract delivery or performance schedules or any other contract clause, term or condition 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 (insert dollar amount) 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 shall require no equitable adjustment as contemplated by paragraph (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 a unilateral modification using an SF Form 30, Amendment of Solicitation/Modification of Contract. The modification shall (1) be issued under the Changes clause; (2) cite this clause; (3) reference the Contractor's proposal or offer; and (4) 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.

(End of clause)

5352.243-9002 Not-To-Exceed/Not-Less-Than Agreements.

As prescribed in AFMCFARS 5343.205(91), insert the following clause, substantially as written, in Section I:

NOT-TO-EXCEED/NOT-LESS-THAN AGREEMENTS (AFMC) (APR 2001)

(a) Prior to the issuance of a change order under this firm-fixed-price 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 shall also solicit such agreement on limitations to the adjustments or to any other contract requirements 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.

(End of clause)

Alternate I (AFMC) (JUL 1997). As prescribed in 5343.205(91), if a fixed-price-incentive (firm target) 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 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 (AFMC) (JUL 1997). As prescribed in 5343.205(91), if a cost-plus-incentive-fee 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 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 (AFMC) (JUL 1997). As prescribed in 5343.205(91), if a cost-plus-fixed-fee 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 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 (AFMC) (JUL 1997). As prescribed in 5343.205(91), if a cost-plus-award-fee 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 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.

5352.244-9000 Deletion of Advance Notification/Consent Requirement for

Subcontracts.

As prescribed in 5344.204(90) insert the following clause, substantially as written, in Section I:

DELETION OF ADVANCE NOTIFICATION/CONSENT

REQUIREMENT FOR SUBCONTRACTS (AFMC) (JUL 1997)

Paragraphs (a) and (b) of FAR 52.244-2, Subcontracts (Cost-Reimbursement and Letter Contracts), do not apply to the following subcontracts, which were evaluated during negotiations: (insert approved 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.

(End of clause)

5352.244-9001 Request for Deletion of Advance Notification/Consent

Requirement for Subcontracts.

As prescribed in 5344.204(91) insert the following provision, substantially as written, in Section L:

REQUEST FOR DELETION OF ADVANCE NOTIFICATION/CONSENT

REQUIREMENT FOR SUBCONTRACTS (AFMC) (JUL 1997)

(a) Indicate in your proposal transmittal letter if a waiver from Contracting Officer consent to subcontract is desired at time of contract award for those subcontracts that require award within 90 days after prime contract award. Provide in your cost proposal for each proposed subcontract requiring consent any required subcontractor cost or pricing data, the information listed in FAR 52.244-2, Subcontracts (Cost-Reimbursement and Letter Contracts), paragraph (b)(2), (regardless of contract type) and the following information for any cost-reimbursement, time-and-materials, or labor hour contracts.

(1) Justify the need for early Contracting Officer 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.

(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 Administrative Contracting Officer approved purchasing system?

(b) Following review of the technical proposal and the above requested information, the Government will determine if Contracting Officer 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 Contracting Officer consent to subcontract, award will be made without a waiver for consent to subcontract and the consent will be processed through the Administrative Contracting Officer.

(End of provision)

5352.245-9000 Government-Furnished Property (GFP).

As prescribed in 5345.106(91), insert the following contract clause, substantially as written, in Section I:

GOVERNMENT-FURNISHED PROPERTY (GFP) (AFMC) (JUL 1997)

Pursuant to the Government Property clause herein, the Government shall furnish the item(s) of property listed below as Government-Furnished Property (GFP) to the Contractor, f.o.b. (insert origin or destination as appropriate), for use in performance of this contract. Upon completion of the contract, the Contractor shall 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

(End of clause)

5352.245-9001 Government-Furnished Property/Contractor Requisitioning.

As prescribed in 5345.106(92), insert the following clause, substantially as written, in Section I:

GOVERNMENT-FURNISHED PROPERTY/CONTRACTOR REQUISITIONING (AFMC) (JUL 1997)

Pursuant to the Government Property clause herein, the Government shall 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

(End of clause)

5352.245-9002 Maintenance of Government-Furnished Property.

As prescribed in 5345.106(93), insert the following clause, substantially as written, in Section I:

MAINTENANCE OF GOVERNMENT-FURNISHED PROPERTY

(AFMC) (JUL 1997)

(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:

(List)

(b) The Contractor's authorization to use the MILSTRIP system shall terminate on (insert date). The Contractor shall requisition only those items necessary for performance of this contract and shall return all excess items using normal MILSTRIP return procedures unless other instructions are provided by the Government.

(c) The Contractor shall enter (insert code) 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 (insert code) as the advice code in columns 65-66; (insert code) as the signal code in column 51; and (insert code) 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 requirements 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 shall 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.

(End of clause)

5352.245-9003 Disposition Of Residual Government Property.

As prescribed in 5345.106(94), insert the following clause, substantially as written, in Section I:

DISPOSITION OF RESIDUAL GOVERNMENT PROPERTY (AFMC) (JUL 1997)

The contract prices for (insert line item(s)) include(s) a minimum lot charge for the following components:

NOUN NSN P/N MIN. LOT SIZE

Prior to final Government inspection/acceptance of (insert line item(s)) the Contractor shall identify to the Administrative Contracting Officer material remaining from these minimum lot size buys not fully consumed by production of (insert 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.

(End of clause)

5352.245-9004 Base Support.

As prescribed in 5345.106-90(a), insert the following clause, substantially as written, in Section I:

BASE SUPPORT (AFMC) (JUL 1997)

Base support shall be provided by the Government to the Contractor in accordance with this clause. Failure by the Contractor to comply with the requirements of this clause shall 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 requirements of this clause, an equitable adjustment shall 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 shall be performed. All Government property in the possession of the Contractor, provided through the base support clause, shall be used and managed in accordance with the Government Property clauses.

(b) The Air Force installations providing the support shall be listed in subparagraph (e), and the Government support to be furnished by each installation under this contract shall be listed in subparagraph (f)

(c) Unless otherwise stipulated in the contract schedule, support shall be provided on a no-charge-for-use basis and the value shall 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 shall be fulfilled (e.g., purchase, rental, lease, GFP, etc.). Facilities shall not be purchased under this clause. Additionally, the Contractor (or authorized representative) shall 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 (insert list of installations).

(f) The Government support to be furnished under this contract is (insert list of 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.

(End of clause)

Alternate I (AFMC) (JUL 1997). 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-materials, 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 shall be performed. Only the prior written approval of the Contracting Officer can relieve the Contractor from this restriction.

Alternate II (AFMC) (JUL 1997). As prescribed in 5345.106-90(c), substitute the following paragraph (f) for paragraph (f) of the basic clause:

(f) The Contractor agrees to request written authorization from the Contracting Officer for 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 shall issue timely written authorization in response to a Contractor's request. Concurrently send support authorization to the Administrative Contracting Officer or to the contract administration office if redelegated to the Air Force installation where the support is provided.

5352.245-9005 Elimination of Competitive Advantage in the Use of

Government Property.

As prescribed in 5345.205-90, insert the following provision in Section L:

ELIMINATION OF COMPETITIVE ADVANTAGE IN THE USE OF

GOVERNMENT PROPERTY (AFMC) (JUL 1997)

(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 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, Providing Government Property to Contractors. To use existing Government property in the performance of this proposed contract, a copy of the cognizant Contracting 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, Evaluation procedures, 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.

(End of provision)

5352.245-9006 Authorization for the Acquisition or Fabrication of Facilities.

As prescribed in 5345.302-6(90), insert the following clause in Section I:

AUTHORIZATION FOR THE ACQUISITION OR FABRICATION OF FACILITIES

(AFMC) (JUL 1997)

The facilities listed below are hereby authorized for acquisition or fabrication by the Contractor for use under this contract without further approval, provided that the Contractor furnishes 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.

(End of clause)

5352.245-9007 Use Of Special Tooling/Special Test Equipment on a

Non-Interference Basis.

As prescribed in 5345.306-5(90), insert the following clause, substantially as written, in Section I:

USE OF SPECIAL TOOLING/SPECIAL TEST EQUIPMENT ON A

NON-INTERFERENCE BASIS (AFMC) (JUL 1997)

The Contractor is authorized to use during the performance of this contract on a rent-free, noninterference basis, the special tooling and special test equipment identified (______*_____). Noninterference 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 contract number under which the items are accountable.

(End of clause)

5352.245-9008 Special Tooling/Special Test Equipment List.

As prescribed in 5345.306-5(91), insert the following clause, substantially as written, in Section I:

SPECIAL TOOLING/SPECIAL TEST EQUIPMENT LIST (AFMC) (JUL 1997)

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 (insert attachment number). 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 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 (insert number of days) 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.

(End of clause)

5352.245-9009 Government-Furnished Tooling.

As prescribed in 5345.306-5(92), insert the following clause, substantially as written, in Section I:

GOVERNMENT-FURNISHED TOOLING (AFMC) (JUL 1997)

(a) Pursuant to the Government property clause herein, the Government shall 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) designated in the tooling/test equipment list.

(b) Requisitioning documentation for the tooling shall be prepared by the Government. The tools shall 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 (insert days) after award. Day for day adjustments to the contract delivery schedule shall 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 nonreceipt 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 days after the last item on the contract has been shipped. A copy of the request shall be provided to: (insert name of System Program Office or System Program Director).

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.

(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)

(End of clause)

5352.245-9010 Special Test Equipment.

As prescribed in 5345.307-3, insert the following clause, substantially as written, in Section I:

SPECIAL TEST EQUIPMENT (AFMC) (JUL 1997)

The contract (insert appropriate term--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 identified in Attachment (insert attachment number--or list special test equipment to be fabricated or acquired).

(End of clause)

5352.245-9011 Rental Use and Charges of Government-Owned Property.

As prescribed in 5345.403-90, insert the following clause in Section I:

RENTAL USE AND CHARGES OF GOVERNMENT-OWNED PROPERTY

(AFMC) (JUL 1997)

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 FAR 52.245-9, Use and Charges.

ITEM PERIOD AVAILABLE____________

_____________________________________________________

_____________________________________________________

(End of clause)

5352.245-9012 Rent-Free Use of Government-Owned Property.

As prescribed in 5345.404-90, insert the following clause in Section I:

RENT-FREE USE OF GOVERNMENT-OWNED PROPERTY (AFMC)

(JUL 1997)

The Contractor is authorized to use in the performance of this contract on a rent-free, noninterference basis the Government-owned property identified below, made available during the periods set forth below.

ITEM PERIOD AVAILABLE_____________

_____________________________________________________

_____________________________________________________

(End of clause)

5352.246-9000 Material Inspection and Receiving Report (OMB No.

0704-0248).

As prescribed in 5346.370(90), insert language, substantially as written, in Section E. Addresses for paragraphs (1), (2), and (3) shall be included in individual orders if needed. When there are no additional distribution requirements for paragraph (3), "not applicable" is to be inserted in the fill-in-space.

MATERIAL INSPECTION AND RECEIVING REPORT

(OMB NO. 0704-0248) (AFMC) (JUL 1997)

(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: (insert organization/address).

(2) For shipments involving Military Assistance Program (MAP), Grant Aid (GA), or Foreign Military Sales (FMS) requirements, an additional copy shall be sent to: (insert address).

(3) Additional distribution of DD Forms 250 is to be made to the following address(es): (insert address(es) or not applicable).

(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, Material Inspection and Receiving Report, Special Distribution, shall be forwarded to the "ship to" address designated in the contract.

(End of clause)

5352.246-9001 Inspection and Acceptance.

As prescribed in 5346.401(90), insert the following clause in Section E:

INSPECTION AND ACCEPTANCE (AFMC) (JUL 1997)

(a) In accordance with FAR 46.401(b) and 46.503, Place of acceptance, Government Contract Quality Assurance 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).

(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 shall be at the office designated as the "Technical Office."

(End of clause)

5352.246-9002 Correction of Supplies Accepted with Deficiencies.

As prescribed in 5346.407(90), insert the following clause, substantially as written, in Section E:

CORRECTION OF SUPPLIES ACCEPTED WITH DEFICIENCIES (AFMC)

(JUL 1997)

The Contracting Officer may opt to accept supplies which are not fully compliant with the contract (which includes but is not limited to deviations, waivers, shortages, or unincorporated Engineering Change Proposals (ECP)) or for which full compliance has not been determined by the successful completion of all required tests or inspections. In this case, the Contractor shall deliver said supplies at the direction of the Contracting Officer in accordance with the following:

(a) The Contractor shall correct such deviations, waivers, shortages, or un-incorporated ECPs as are listed in the Contracting Officer's notification or if contract compliance has not been established before delivery, correct any deficiencies revealed by the later completion of the required tests or inspections.

(b) If at the time of delivery the method of correction has not been determined, the Contractor shall determine the required corrective action and submit to the Government for approval. Upon approval, the Contractor shall proceed to comply therewith. If the Contracting Officer determines that the items shall not be returned to the Contractor's plant but that corrections shall be accomplished at a Government facility, the Contracting Officer may elect to have Government personnel in lieu of Contractor personnel make the corrections using Contractor-furnished materials (kits and/or raw material). In this event, an equitable adjustment in the contract price for the work not accomplished shall be negotiated.

(c) If deliveries are made before completion of all tests or inspections, the Contractor shall notify the Contracting Officer, in writing, upon completion of the tests or inspections of changes required to the delivered items and propose method(s), date(s) and location(s) for accomplishing all rework and/or parts replacement.

(d) An amount determined appropriate by the Contracting Officer shall be withheld pending completion of all required actions. In determining this amount the Contracting Officer shall consider, as appropriate:

(1) The cost to the Contractor to correct the noted deficiencies and to satisfactorily complete testing;

(2) Any loss of value to the Government due to reduced item reliability, increased life cycle cost, or reduced availability;

(3) Consideration for extending delivery schedules; and

(4) Any other factors which may impact Government use or cost of ownership of the affected items.

(e) A revised contract delivery schedule shall be established in those instances where return of reworked items to the Government is required. Additional transportation costs resulting from reworking items shall be borne by the Contractor unless the contract provides otherwise.

(End of clause)

5352.247-9000 Commercial Bill of Lading Shipments - Carrier's Rates.

As prescribed in 5347.104-4(90), insert the following clause in Section F:

COMMERCIAL BILL OF LADING SHIPMENTS -

CARRIER'S RATES (AFMC) (JUL 1997)

The Contractor shall ensure that proposed carrier's rates are equal to or better than rates available to the Government. 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. 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.

(End of clause)

5352.247-9001 F.o.b. Origin, Freight Prepaid.

As prescribed in 5347.303-4(c)(90) insert the following clause in Section F:

F.O.B. ORIGIN, FREIGHT PREPAID (AFMC) (JUL 1997)

(a) In accordance with FAR 52.247-32, F.o.b. Origin, Freight Prepaid, the specified f.o.b. point is:

ITEM F.O.B. POINT

________ ____________________________

________ ____________________________

________ ____________________________

(b) Shipment(s) shall be made with freight transportation costs prepaid by the Contractor, who shall verify with the freight shipment company that rates for this/these shipment(s) are equal to or lower than those used for U.S. Government shipments. If rates are not equal to or lower than 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. Failure to properly annotate the invoice and provide a copy of the carrier's bill may result in those costs being disallowed.

(End of clause)

5352.247-9002 F.o.b. Origin, Transportation Instructions.

As prescribed in 5347.303-4(c)(91), insert the following clause in Section F:

F.O.B. ORIGIN, TRANSPORTATION INSTRUCTIONS (AFMC) (JUL 1997)

(a) General:

(1) Failure to comply with these transportation instructions or those provided by the Cognizant Transportation Officer (CTO) may result in shipping charges not being fully reimbursed.

(2) Freight/shipping charges are subject to verification before reimbursement. List freight/shipping charges as a separate item on the invoice and include a copy of the carrier's freight/shipping bill or pickup report.

(3) Shipments shall not be insured at Government expense unless directed by the CTO.

(4) Shipments shall not be divided in order to meet small package criteria.

(b) Specific:

(1) APO Shipments. Mail prepaid through the United States Postal Service (USPS). The Contractor/shipper is required to contact the CTO, (insert CTO name), at (insert area code/phone number), if the shipment exceeds size and weight limitations for the USPS. 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.

(3) 0 - 70 Pounds and Not Within Size Limitations or 71 - 999 Pounds. Contractor/shipper is required to contact the CTO to obtain the low cost carrier information. The Contractor shall provide the following information: (i) number of packages, (ii) dimensions, (iii) gross weight per package, (iv) 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 at least 5 working days prior to shipment on less-than-truckload size shipments (less than 10,000 pounds) and 15 working days prior to shipment on truckload shipments (10,000 pounds and over). The Contractor shall 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.

(End of clause)

5352.247-9003 F.o.b. Point for U.S. Shipments Originating Outside the Continental U.S.

As prescribed in 5347.305-6(a)(90), insert the following clause in Section F:

F.O.B. POINT FOR U.S. SHIPMENTS ORIGINATING OUTSIDE

THE CONTINENTAL U.S. (AFMC) (JUL 1997)

(a) F.o.b. point means the U.S. Aerial Port/Water Port of Embarkation (APOE/WPOE). The current APOE and WPOE for a particular location is available from the Contractor's area U.S. contract administration office.

(b) The Contractor shall specify the APOE and WPOE which is nearest the Contractor's facility for contract item deliveries. The APOE/WPOE for delivery of items shall be the nearest accessible APOE/WPOE to the Contractor's facility. If the user activity is in the Contractor's own country the f.o.b. point will be the user activity. The Contractor shall pay for transportation costs to the APOE/WPOE or user activity for the contract items to be delivered. Movement or closure of the designated APOE/WPOE will be subject to the negotiation of an equitable adjustment under the contract.

(1) The Contractor designated APOE for this contract is (insert name and location of APOE)

(2) The Contractor designated WPOE for this contract is (insert name and location of WPOE).

(c) The Government designated mode of shipment is (the Contracting Officer shall identify APOE or WPOE at the time of award).

(End of clause)

5352.247-9004 F.o.b. Point for FMS Shipments Originating Outside the

U.S.

As prescribed in 5347.305-6(a)(91), insert the following clause in Section F:

F.O.B. POINT FOR FMS SHIPMENTS ORIGINATING

OUTSIDE THE U.S. (AFMC) (JUL 1997)

(a) The f.o.b. point for FMS shipments originating outside the continental U.S. shall be the country's freight forwarder as identified below.

(b) The Contractor shall pay transportation costs to the f.o.b. point(s) and identify the transportation costs for each line item as provided below. When more than one f.o.b. point is shown for a single contract line item (i.e., freight forwarder is on CONUS east and west coasts), the point of delivery shall be the f.o.b. point nearest to the Contractor's facility. Contractor assures exportability to the f.o.b. point(s) listed below:

F.o.b Point Contractor

Contract Line Item(s) (City and State) Transportation Cost

_________________ ________________ _____________________

_________________ ________________ _____________________

_________________ ________________ _____________________

(c) The Contractor transportation cost shall be used in the negotiation of an equitable adjustment if the f.o.b. point is changed.

(End of clause)

5352.247-9005 Shipping Container Marking.

As prescribed in 5347.305-10(a)(91), insert the following clause, substantially as written, in Section D:

SHIPPING CONTAINER MARKING (AFMC) (JAN 2000)

All shipping containers shall be marked meeting the following criteria:

(a) MIL-STD-129N, Standard Practice for Military Marking.

(b) Bar code format shall conform to bar code symbology Format 3 of 9, Code 39 as specified in MIL-STD-129N.

(c) Additional marking and/or bar coding requirements exceeding those of MIL-STD-129N, e.g., unit serial numbers, original equipment manufacturer's (OEM) name, or OEM model number, as specified on the AFMC Form 158: (insert here).

(End of clause)

5352.247-9006 Marking of Warranted Items.

As prescribed in 5347.305-10(a)(92), insert the clause, substantially as written, in Section D:

MARKING OF WARRANTED ITEMS (AFMC) (JUL 1997)

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 items are defective in accordance with FAR 46.706(b)(5), Warranty terms and conditions.

(End of clause)

5352.247-9007 Specification Commercial Packaging.

As prescribed in 5347.305-10(a)(93), insert the following clause in Section D:

SPECIFICATION COMMERCIAL PACKAGING

(AFMC) (JAN 2000)

(a) Items shall be packaged in accordance with American Society for Testing and Materials (ASTM) Specification D3951-98, Standard Practice for Commercial Packaging. Individual shipments exceeding 150 pounds, 108 inches in length, or 130 inches in girth plus length shall be packaged on skidded crates or palletized to allow handling by forklift.

(b) The exterior container shall be marked (readable from 24 inches): "ASTM D 3951 - NOT FOR OUTSIDE STORAGE."

(End of clause)

5352.247-9008 Contractor Commercial Packaging.

As prescribed in 5347.305-10(a)(94), insert the following clause in Section D:

CONTRACTOR COMMERCIAL PACKAGING

(AFMC) (SEP 1998)

(a) Items shall be packaged in accordance with the Contractor's commercial best practice to ensure undamaged arrival at destination. Individual shipments exceeding 150 pounds, 108 inches in length, or 130 inches in girth plus length shall be packaged on skidded crates or palletized to allow handling by forklift.

(b) The exterior container shall be marked (readable from 24 inches): "NOT FOR OUTSIDE STORAGE."

(End of clause)

5352.247-9009 Military Packaging and Marking.

As prescribed in 5347.305-10(a)(95), insert the following clause in Section D:

MILITARY PACKAGING AND MARKING (AFMC) (SEP 1998)

Items shall be packaged in accordance with MIL-STD-2073-1C, Standard Practice for Military Packaging. Shipping and storage markings shall be in accordance with MIL-STD-129N, Standard Practice for Military Marking.

(End of clause)

5352.247-9010 Engineered or Specialized Containers.

As prescribed in 5347.305-10(a)(96), insert the following clause, substantially as written, in Section D:

ENGINEERED OR SPECIALIZED CONTAINERS (AFMC) (SEP 1998)

(a) Existing containers or designs already in the DoD inventory shall be evaluated for use or adaptation prior to the development of new containers (MIL-STD-2073-1C, Standard Practice for Military Packaging). Modification of existing containers or designs are an acceptable alternative to new containers when approved by the Government. The Contractor's recommendation shall be based on information received from queries using DI-PACK-80683A, Container Design and Retrieval System (CDRS) Search Request

(b) Air Force acceptance of proposed new engineered or specialized containers shall be by written notice from the Contracting Officer and identify each container accepted. Considerations for acceptance include life-cycle cost, capability to interface with DoD distribution systems (storage and transportation), ability to meet operational requirements, and qualification testing requirements.

(c) When accepted, the Contractor shall comply with DI-PACK-80684A, Container Design and Retrieval System (CDRS) Data Input.

(End of clause)

5352.247-9011 Packaging and Marking of Hazardous Material.

As prescribed in 5347.305-10(a)(97), insert the following clause, substantially as written, in Section D:

PACKAGING AND MARKING OF HAZARDOUS MATERIAL

(AFMC) (SEP 1998)

Hazardous materials shall be prepared for shipment in accordance with the following applicable regulations for the individual shipment hazard, ultimate destination, and mode of transportation:

(a) Code of Federal Regulations (CFR) Title 29, Part 1910.1200;

(b) Code of Federal Regulations (CFR) Title 49;

(c) Air Force Joint Manual (AFJMAN) 24-204, Preparing Hazardous Materials for Military Air Shipment;

(d) International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air; and

(e) International Maritime Dangerous Goods (IMDG) Code.

(End of clause)

5352.247-9012 Packaging for Inspection and Acceptance at Destination.

As prescribed in 5347.305-10(a)(98), insert the following clause in Section D:

PACKAGING FOR INSPECTION AND

ACCEPTANCE AT DESTINATION (AFMC) (JUL 1997)

Items requiring inspection and acceptance of material at destination shall be preserved, packaged, and packed so that all containers are capable of being opened and resealed. The Contractor is responsible for ensuring that delivered items are 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.

(End of clause)

5352.247-9013 Packaging Data.

As prescribed in 5347.305-10(a)(99), insert the following clause in Section D:

PACKAGING DATA (AFMC) (SEP 1998)

The Contractor shall provide packaging data in accordance with DD Form 2326, Preservation and Packing Data, and/or DD Form 2169, Special Packaging Instructions. MIL-STD-2073-1C, Standard Practice for Military Packaging, identifies the applicable data elements. DI-PACK-80120B, Preservation and Packing Data, and DI-PACK-80121B, Special Packaging Instructions, apply.

(End of clause)

5352.247-9014 Unilateral Amended Shipping Instructions (ASIs), F.o.b.

Origin.

As prescribed in 5347.305-10(b)(90), insert the following clause in Section F:

UNILATERAL AMENDED SHIPPING INSTRUCTIONS (ASIs),

F.O.B. ORIGIN (AFMC) (JUL 1997)

(a) An ASI is a change to the shipping instructions of one or more units or shipment lots of a contract line item. Multiple ASIs for multiple contract line items may be issued under one document.

(b) 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, shall be accepted by the Contractor 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, shall be subject to the negotiation of an equitable adjustment under the contract.

(End of clause)

5352.247-9015 Temporary Storage of FMS Munitions Items.

As prescribed in 5347.305-10(b)(94), insert the following clause in Section F:

TEMPORARY STORAGE OF FMS MUNITIONS ITEMS

(AFMC) (JUL 1997)

The Contracting Officer may authorize the Contractor to ship in place, store in a bonded storage area, and upon submission of proper invoice or DD Form 250, Material Inspection and Receiving Report, receive payment for units shipped when the clear text shipping address and transportation instructions are not available at the time that deliveries are accepted by the U.S. Government on behalf of the FMS customer. The requirement for "Evidence of Shipment" shall be postponed until after receipt of the clear text shipping instructions. The Contractor shall store and safeguard the units in bonded storage at no change in contract price while waiting for shipping instructions.

(End of clause)

5352.247-9016 Reserved.

5352.247-9017 F.o.b. Point for Delivery of Government-Furnished

Property.

As prescribed in 5347.305-12(a)(90), insert the following clause in Section F:

F.O.B. POINT FOR DELIVERY OF

GOVERNMENT-FURNISHED PROPERTY (AFMC) (SEP 1998)

The f.o.b. point for delivery of Government-furnished property, as defined in FAR 52.247-55, F.o.b. Point for Delivery of Government-Furnished Property, shall be: (contractor insert f.o.b. point of delivery).

(End of clause)

5352.247-9018 Direct/On-Demand Shipment of Serviceable Items

As prescribed in 5347.303-5, insert the following clause in Section F.

DIRECT/ON-DEMAND SHIPMENT OF SERVICEABLE ITEMS (AFMC) (APR 2001)

Completed serviceable items shall be direct shipped from the contractor's facility to designated user destinations identified by the Materiel Release Order (MRO) received in G009 (Government Furnished Materiel and End Item Transaction Reporting System) through D035A (Materiel Manager Wholesale Requisition Process). Although the MRO is the primary source for disposition instructions for shipment, they may also be provided by the government via facsimile or other electronic means.

(end of clause)

5352.247-9019 Fast Transportation

As prescribed in 5347.305-13, insert the following clause in Section F.

FAST TRANSPORTATION (AFMC) (APR 2001)

(a) Domestic shipments - use door-to-door carriers for all shipments regardless of weight.

(b) Export shipments - use worldwide Express for all shipments of 150 pounds or less. Only carriers providing door-to-door and customs clearance services shall be used for shipments over 150 pounds. Contact the Cognizant Transportation Officer (CTO) if commercial service is not available.

(c) Foreign Military Sales (FMS) shipments are excluded from these requirements.

(end of clause)

5352.290-9000 Delay and Standby Time.

As prescribed in 5390.9000(a)(1), insert the following clause, substantially as written, in Section I:

DELAY AND STANDBY TIME (AFMC) (JUL 1997)

F.o.b. Destination--Tank Trucks and Trailers:

No payment shall 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 (insert number of hours) hours from arrival at using activity to departure from using activity and such delays are directly attributable to action or nonaction of the Government or its agents. For delays which meet this criteria, the Contractor shall be reimbursed (insert amount) per quarter hour or fraction thereof. The delay time shall start at the place of entry to the using activity where verification may be made by operating 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 (insert hour) a.m. and (insert hour) 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 clause shall be submitted within thirty (30) days of date(s) demurrage was incurred. A separate invoice with supporting information is required. The invoice will be forwarded to (insert address) for certification prior to effecting payment.

(End of clause)

Alternate I (AFMC) (JUL 1997). Use Alternate I below when transportation is f.o.b. Destination -- Tank Cars:

F.o.b. Destination -- Tank Cars:

No payment shall 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 of arrival at using activities to departure from using activities and such delays are directly attributable to acts or nonacts of the Government or its agents. For delays which meet this criteria the Contractor shall 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 clause 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) for certification prior to effecting payment.

Alternate II (AFMC) (JUL 1997). Use Alternate II below when transportation is f.o.b. Origin:

F.o.b. Origin:

The Contractor shall 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 in 5390.9000(a)(2), insert the following clause in Section I:

MEASUREMENT AND COMPUTATION (AFMC) (JUL 1997)

The quantity of product delivered shall 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 (insert number of miles) miles of destination. Certified weight tickets shall be furnished by the Contractor to the receiving agent.

(End of clause)

5352.290-9002 Measurement and Computation--Cryogenic Liquids.

As prescribed in 5390.9000(a)(3), insert the following clause in Section I:

MEASUREMENT AND COMPUTATION -- CRYOGENIC LIQUIDS (AFMC)

(JUL 1997)

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 DD Form 250, Material Inspection and Receiving Report. The quantity of product delivered will be determined by the difference between the gross and tare weights. The contractor shall furnish certified weight tickets to the receiving agent at the place of delivery to substantiate quantity delivered.

(End of clause)

5352.290-9003 Dewar Rental.

As prescribed in 5390.9000(a)(4), insert the following clause in Section I:

DEWAR RENTAL (AFMC) (JUL 1997)

(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 shall automatically accrue to the Government for each dewar delivered to destination. A "debit day" shall 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 shall 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 may 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) The Contractor shall compute rental charge and submit an invoice monthly to (insert address), for validation and submission to (insert paying office address) for payment. The Contractor shall 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 shall be attached to the dewar invoice.

(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 (____________________)

(h) The Government shall 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.

(End of clause)

5352.290-9004 Contractor Seals Requirement.

As prescribed in 5390.9000(a)(5), insert the following clause in Section I:

CONTRACTOR SEALS REQUIREMENT (AFMC) (JUL 1997)

The Contractor shall furnish serially numbered seals and seal all shipping containers prior to shipment. The seal numbers on the seals and the corresponding shipping container shall be indicated on all DD Forms 250, Material Inspection and Receiving Report, and other shipping documents.

(End of clause)

5352.290-9005 Inspection and Acceptance--Propellants.

As prescribed in 5390.9000(b)(1), insert the following clause in Section E:

INSPECTION AND ACCEPTANCE--PROPELLANTS (AFMC) (JUL 1997)

(a) Quality inspection shall be at fill point(s).

(b) Quantity inspection and final acceptance shall be at destination(s).

(End of clause)

5352.290-9006 Inspection and Calibration Procedures.

As prescribed in 5390.9000(b)(2), insert the following clause in Section I:

INSPECTION AND CALIBRATION PROCEDURES (AFMC) (JUL 1997)

(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.

(End of clause)

5352.290-9007 Special Distribution Instruction for Material Inspection and

As prescribed in 5390.9000(b)(3), insert the following clause in Section E:

SPECIAL DISTRIBUTION INSTRUCTIONS FOR MATERIAL INSPECTION AND RECEIVING REPORTS (DD FORMS 250) (FUELS) (AFMC) (JUL 1997)

(a) Two purchasing office copies of the DD 250s, Material Inspection and Receiving Report, 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:

(insert address).

(b) One additional copy of the DD Form 250 shall be provided to: (insert address).

(c) These special instructions shall 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, 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 (insert unit of issue as reflected on contract schedule).

(e) For f.o.b. 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. (Insert name, title and organization of receiving activity represented) is/are authorized to sign in Block 21B for receipt of product.

(f) For f.o.b. Origin shipments, Block 21A of DD Form 250 must be signed by the cognizant Government Quality Assurance Representative.

(End of clause)

5352.290-9008 Fill Point(s).

As prescribed in 5390.9000(c)(1), insert the following clause in Section F:

FILL POINT(S) (AFMC) (JUL 1997)

(a) Location of fill point(s) contemplated for use where performance of any contract resulting from this solicitation will be accomplished: (insert name),

(insert location)

(b) List contact point(s) for each location: (insert name/location/telephone number)

If more than one location is shown, indicate which location involves the largest dollar amount.

(End of clause)

5352.290-9009 Delivery Schedule.

As prescribed in 5390.9000(c)(2), insert the following clause in Section F:

DELIVERY SCHEDULE (AFMC) (JUL 1997)

(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 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 and appropriation data.

(5) Contract and order number.

(6) Destination of each item.

(7) Required delivery date(s).

(8) Identification of applicable program, project, or weapon system, as required.

(c) The Contractor shall advise (insert address) and the 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 shall 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 provide (insert 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 (insert unit of issue) 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 clause 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 (insert hour) a.m. or after (insert hour) 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.

(End of clause)

5352.290-9010 Blanket Delivery Order.

As prescribed in 5390.9000(d)(1), insert the following clause, substantially as written, in Section I:

BLANKET DELIVERY ORDER (AFMC) (JUL 1997)

(a) The Blanket Delivery Order is for supplies or services covered by Contract (insert contract number) 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:

(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.

(End of clause)

5352.290-9011 Implementation of Economic Price Adjustments.

As prescribed in 5390.9000(d)(2), insert the following clause in Section I:

IMPLEMENTATION OF ECONOMIC PRICE ADJUSTMENTS (AFMC)

(JUL 1997)

In order to clearly establish the basis of the Contractor's applicable "established price" as contemplated by the clause herein entitled "Economic Price Adjustment--Standard Supplies" (FAR 52.216-2), the Contractor shall set forth the established price for the items in Section B as follows: (insert established prices). 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. Actual adjustments, if any, will be in strict accordance with FAR 52.216-2 above.

(End of clause)

5352.290-9012 Contract Ordering Period.

As prescribed in 5390.9000(d)(3), insert the following provision in Section L:

CONTRACT ORDERING PERIOD (AFMC) (JUL 1997)

The contract ordering period, as contemplated by provisions of paragraph (a) of the "Ordering" clause is anticipated to begin (insert date); however, in no event shall the ordering period begin later than (insert date). The effective date shall be stated at time of award and shall be a date on or between the aforementioned dates. If this contract contains an economic price adjustment clause such clause shall 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.

(End of provision)

5352.290-9013 Gas Standard Certificate of Traceability.

As prescribed in 5390.9000(d)(4), insert the following clause in Section I:

GAS STANDARD CERTIFICATE OF TRACEABILITY (AFMC) (JUL 1997)

(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 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.

(End of clause)

5352.291-9000 Additional Over and Above Work Procedures.

As prescribed in 5391.102(d), insert the following clause in Section I:

ADDITIONAL OVER AND ABOVE WORK PROCEDURES

(AFMC) (JUL 1997)

(a) Negotiations on proposed over and above work should be completed prior to commencement of work, but in no case later than the time when 40 percent of the work is completed.

(b) For fixed hourly rate items, the price negotiated by the Administrative Contracting Officer shall be based on "hands on" labor hours multiplied by the contract hourly rate. The number of "hands on" labor hours required shall be negotiated by the Contractor and Administrative Contracting Officer. The fixed hourly rate includes charges for "hands on" labor, any labor cost which is not considered "hands on" for which the Contractor accounts as direct labor, burdens, general and administrative expenses, and other allowable costs and profit.

(c) 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 may request a negotiation to establish a firm-fixed-price for that item for the remaining life of the contract. The Administrative Contracting Officer shall advise the Procuring Contracting Officer of all such agreements in order that changes can be incorporated in periodic contract modifications.

(End of clause)

5352.291-9001 Excess Inventory - Disposition of Government Property.

As prescribed in 5391.102(f), insert the following clause in Section I:

EXCESS INVENTORY - DISPOSITION OF GOVERNMENT PROPERTY (AFMC) (JUL 1997)

(a) The Contractor shall dispose of any excess Government property generated during contract performance or at contract completion in accordance with the Government Property Management Attachment.

(b) The over and above clause of the contract authorizes work involved in packing, crating and preparing excess Government property for shipment, either during contract performance or at contract completion, unless such excess inventory exceeds the stock level limits as defined in Government Property Management Attachment.

(c) If the Administrative Contracting Officer determines excess Government property exceeds the stock level limits authorized in accordance with Government Property Management Attachment, the Contractor shall bear the cost of packing, crating and preparing the unauthorized excess inventory for shipment, provided such excess is not the result of decreased production requirements directed by the Procuring Contracting Officer.

(d) The Government shall deduct transportation costs for excess inventory, which are borne by the Government in accordance with the Government property clauses of the contract, from payments due under the contract.

(End of clause)

5352.291-9002 Maintenance Acceleration/Compression.

As prescribed in 5391.102(g), insert the following clause in Section I:

MAINTENANCE ACCELERATION/COMPRESSION (AFMC) (JUL 1997)

The parties hereto recognize that an emergency situation could occur which would require immediate availability of aircraft, engines, or end items. As such, a need exists for a method of 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 (insert number) dated (insert date) hereto operative. When the directive is issued, Supplement (insert number

(End of clause)

5352.291-9003 Maintenance of Government-Owned Equipment in

Possession of Overseas Contractors.

As prescribed in 5391.102(h), insert the following clause in Section I:

MAINTENANCE OF GOVERNMENT-OWNED EQUIPMENT

IN POSSESSION OF OVERSEAS CONTRACTORS (AFMC) (JUL 1997)

(End of clause)

5352.291-9004 Drop-In Maintenance.

As prescribed in 5391.102(i), insert the following clause in Section I:

(a) From time to time, the Government may request to drop in additional (insert the Model Design Series (MDS)) aircraft for emergency repair and maintenance under (insert 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. The Contractor shall obtain prior authority for such inputs from the Administrative Contracting Officer. The Administrative Contracting Officer 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 the Procuring Contracting Officer grants authorization for completion of the work, the Administrative Contracting Officer 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.

(b) Should such work interrupt the normal PDM aircraft flow through the Contractor's facility, the Contractor shall immediately notify the Administrative Contracting Officer. The Administrative Contracting Officer shall immediately contact the Procuring Contracting Officer for advice. If the Procuring Contracting Officer approves the interruption, the Administrative Contracting Officer shall negotiate an equitable adjustment.

(End of clause)

5352.291-9005 End Items Beyond Economical Repair.

As prescribed in 5391.102(j), insert the following clause in Section I:

END ITEMS BEYOND ECONOMICAL REPAIR (AFMC) (JUL 1997)

(a) "Economically Reparable End Items" are defined as end items which can be restored to a serviceable condition, in accordance with applicable requirements, when costs of repair will not exceed (Insert percentage) of the Stock List Price specified in the contract. If the Contractor estimates the total cost of the repair and/or overhaul of any end item received will exceed the above percentage of the Stock List Price, the Contractor shall promptly notify the Administrative Contracting Officer in writing and shall not perform further services on any such items except at the direction of the Administrative Contracting Officer. Upon receipt of the written notification that a particular item is not

reparable, the Contractor shall dispose of the unit in the manner directed by the Administrative Contracting Officer

(b) The Procuring Contracting Officer may authorize the Contractor, through the Administrative Contracting Officer, to exceed the percentage of the Stock List Price in subparagraph (a) above when an item is in critical supply status.

(End of clause)

5352.291-9006 Delay of Aircraft Input.

As prescribed in 5391.102(k), insert the following clause in Section F:

DELAY OF AIRCRAFT INPUT (AFMC) (JUL 1997)

If for any reason the output of aircraft from maintenance/modification is delayed beyond the scheduled period for 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 requirements or contract clauses. In such case, the Contracting Officer shall issue a contract modification changing scheduled input and output months, but preserving the original contract flow days for the specific aircraft model/type.

(End of clause)

5352.291-9007 Evaluation of Over and Above Work.

As prescribed in 5391.202(a), insert the following provision, substantially as written, in Section M:

EVALUATION OF OVER AND ABOVE WORK (AFMC) (JUL 1997)

For evaluation purposes, the estimated "Over and Above" hours applicable to Section B of the Schedule entitled "Over and Above Work" is (insert number of hours) hours. The estimated over and above hours shall 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.

(End of provision)

5352.291-9008 Evaluation of Offers.

As prescribed in 5391.203-90(a), insert the following provision, substantially as written, in Section M:

+

EVALUATION OF OFFERS (AFMC) (JUL 1997)

Offers shall be evaluated on the basis of the unit prices offered for the quantity designated as the best estimated quantity in the schedule for (insert item(s)) by multiplying the proposed price(s) by the best estimated quantity(s)

(End of provision)

5352.291-9009 Evaluation of Offers - Movement of Government-Furnished

Property.

As prescribed in 5391.203-90(b), insert the following provision, substantially as written, in Section M:

EVALUATION OF OFFERS - MOVEMENT OF GOVERNMENT-FURNISHED PROPERTY (AFMC) (JUL 1997)

(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 incumbent's. 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 (insert dollar amount), plus cost of transportation to the recipient Contractor's facility.

(b) Transportation costs for any additional Government-furnished property not resident at the incumbent Contractor's facility shall be evaluated based on the estimated cost of transportation from the applicable prime Air Logistics Center(s) to the Contractor's facility.

(End of provision)

5352.291-9010 Evaluation of Offers-Transportation Cost.

As prescribed in 5391.203(c), insert the following provision, substantially as written, in Section M:

EVALUATION OF OFFERS-TRANSPORTATION COST (AFMC) (JUL 1997)

For evaluation purposes the Government shall add a cost factor for transportation to all offers based on the distances between point(s) of destination as follows:

(a) Transportation cost for (insert 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 (insert 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).

5352.291-9011 Induction at Risk

As prescribed in 5391.102(m), insert the following clause in Section I.

INDUCTION AT RISK (AFMC) (APR 2001)

The government and the contractor agree that, in the sole exercise of the contractor's business judgment, the contractor may choose to induct reparable assets into the contractor's repair process in advance of receipt of a funded delivery order and Materiel Release Order (MRO). It is recognized by both parties that the purpose of the funded delivery order is to establish estimated quantities for each National Stock Number (NSN) and provide a vehicle that the contractor shall use to bill against. However, the contractor shall not bill for nor will the government pay for any repaired items until the government directs shipment via a MRO. The MRO shall be passed to the contractor from D035A (Materiel Manager Wholesale Requisition Process) through G009 (Government Furnished Materiel Transaction Reporting System). This is the contractor's authority to ship and bill against the funded delivery order. It is expressly recognized by the contractor that:

(a) Any such induction in advance of receipt of a funded delivery order and MRO is at the contractor's own risk and for the contractor's benefit;

(b) The contractor shall not submit an invoice for the specific item, and the government will have no obligation to pay the contractor until the government issues the MRO authorizing shipment; and

(c) If the contract is terminated and the government has not issued a MRO for the items that the contractor had inducted into the repair process, the contractor shall return all reparable assets (inducted or not) without any charge to the government for costs associated with repairs to such items.

(d) The contractor shall not be entitled to a claim against the government for not issuing a MRO.

(e) Assuming the contract has not been terminated, in the last quarter of the contract, the government agrees to either repair the quantities on the funded delivery order or pay the contractor up to 75% of those inducted items.

(end of clause)

Identical numbers may be entered in Items B5F and B5G if contractor certified the same number for itself and its parent.

(d) Part D of DD Form 350.

(5)(viii) Block D8, Subcontracting Plan for SB, SDB or HBCU/MI. If reporting a modification or order for which no new subcontracting plan was required, but for which coverage exists in an existing plan, use Code C or D, as applicable. Enter Code D, Plan Required, Incentive Included, whenever DFARS 252.219-7005 is in the award, whether or not Alternate I is specified.

(90) Coding Subsequent Actions. Subsequent orders will generally be coded the same as the first order. Provisioning orders will be coded the same as the document authorizing the provisioning. Contract modifications will be coded the same as the original award, except for the following items: A2 Report Number, B2 Mod Order or Other ID Number, B3 Action Date, B7 Type Obligation, B8 Total Dollars, B11 Total Multiyear Value and B13 Kind of Contracting Action. To determine if previous coding is still applicable, each form must be reviewed for compliance with current policies and procedures.

5353.290 AFMC forms.

The forms prescribed by this AFMCFARS are listed in numerical order, with title and corresponding AFMC FAR Supplement paragraph reference. All MAJCOM forms are authorized for computer generation.

(f) If the contract contains both over and above work procedures and Government-furnished material, the contracting officer shall insert the clause at 5352.291-9001, Excess Inventory Disposition of Government Property, in Section I.

(g) When the SOW or Statement of Objectives includes supplements for potential acceleration and/or compression, the contracting officer shall insert the clause at 5352.291-9002, Maintenance Acceleration/Compression, in Section I.

(h) When contractors performing maintenance, overhaul, and modification on Air Force equipment in overseas locations are unable to obtain replacement parts through purchase in local markets, the contracting officer shall insert the clause at 5352.291-9003, Maintenance of Government-Owned Equipment in Possession of Overseas Contractors, in Section I. Use of this clause is required for Depot Maintenance Activity Group (DMAG) contracts containing a requirement for a GFM report (GFM reporting may be by either the manual report on AF Form 412, Report of Government Furnished Material, or the mechanized GFM Transaction Reporting System, G009). In order to cancel the charge made to DMAG when the Contractor requisitions parts, the consideration should be equivalent to the cost of those parts. Ensure contractor requests for permission to requisition replacements parts contain the quantity and unit price of each item requisitioned, as specified in current Federal Supply Catalogs.

(i) When the Statement of Objectives, SOW or purchase request require drop-in maintenance, use the clause at 5352.291-9004, Drop-In Maintenance, in Section I of aircraft PDM contracts. Establish an over and above line item to facilitate this work.

(j) The contracting officer shall insert the clause at 5352.291-9005, End Items Beyond Economical Repair, in Section I.

(k) When appropriate to delay input of aircraft because output of aircraft is delayed, the contracting officer may insert the clause at 5352.291-9006, Delay of Aircraft Input, Section F.

(l) Use FAR 52.211-11, Liquidated Damages - Supplies, Services, or Research and Development, in all aircraft maintenance, overhaul, and modification and engine overhaul contracts unless using an incentive type contract which offers delivery incentives.

(m)(90) The contracting officer may insert the clause at 5352.291-9011, Induction at Risk, when Performance Based Delivery on Demand Contracts will be used.

SUBPART 5391.2--SOLICITATION EVALUATION PROCEDURES

5391.201 General.

This subpart describes procedures for use of an "over and above" factor in the evaluation of maintenance, overhaul, and modification proposals.

5391.202 Application.

(a) Insert the provision at 5352.291-9007, Evaluation of Over and Above Work, substantially as written, in Section M of all solicitations for maintenance, overhaul, and modification effort which include work request provisions for "over and above" effort on other than a fixed-price basis.

(b) The requirements office shall determine the man-hour estimates used for evaluation, based on estimates of all factors including previous organic and contractor experience.

5391.203 Provisions and clauses.

(a) The contracting officer may include the provision at 5352.291-9008, Evaluation of Offers, substantially as written, in Section M for maintenance, overhaul, and modification indefinite quantity and requirements solicitations that include a Best Estimated Quantity (BEQ).

(b) The contracting officer may include the provision at 5352.291-9009, Evaluation of Offers - Movement of Government Furnished Property, substantially as written, in Section M when the Government shall evaluate the cost associated with relocating GFP from the incumbent contractor's facility.

(c) The contracting officer may include the provision at 5352.291-9010, Evaluation of Offers - Transportation Cost, substantially as written, in Section M when the Government shall evaluate transportation cost based on multiple points of generation.

SUBPART 5391.3--CONTRACT FIELD TEAM

(CFT) PROGRAM

5391.301 General.

AFMCR 66-33, Contract Field Team (CFT) Program, establishes policy and procedures for the utilization of CFTs for maintenance, overhaul, and modification of aircraft (including simulators), aerospace equipment, communications, electronics and meteorological, ADP and cryptologic equipment, and missile weapon systems and support equipment.

5391.302 CFT contracting procedures.

5391.302-1 Orders placed against the basic CFT contracts.

(a) In determining whether to use a firm-fixed-price or time-and-materials order, the contracting officer shall consider the following:

(1) A requirement is of unusual and compelling urgency and requires an immediate CFT contractor response.

(2) The requirement is at multiple sites and the size and number of teams cannot be readily determined.

(3) The host base cannot assure the contracting officer that support furnished by the base or command, such as facilities, equipment, administrative resources, Government-furnished material, depot supply support (in accordance with AFM 67-1, Volume III, Part I, Chapter 5), tooling and support equipment, and the assignment of a project officer and Quality Assurance Representative, shall remain stable in accordance with the CFT workload agreement.

(4) Input/output schedules for the equipment cannot be fixed for the specified performance period.

(5) Multiple requirements are anticipated (i.e., installation of two or more kits concurrently on a piece of equipment).

(6) A requirement is not expected to exceed 90-180 days in duration and the start date does not allow sufficient time to complete pricing.

(b) The Government shall not issue a combination of firm-fixed-price orders and time-and-materials orders concurrently to the same contractor for work on the same equipment at the same location(s), unless the contracting officer makes a determination that such action is in the best interest of the Government. Additionally, the contracting officer shall ensure there are sufficient safeguards to prevent the contractor from commingling firm-fixed-price and time-and-materials effort.

(c) When time-and-materials orders are initialized, the contracting officer shall:

(1) Prepare a time-and-materials determination in accordance with FAR 16.601(c)(1) and 5391.302-1(a).

(2) Establish a ceiling price in accordance with FAR 16.601(c)(2).

(3) Review after 180 days performance for possible conversion to firm-fixed-price.

5391.302-2 Basic CFT contracts.

Use additional clauses, prescribed in Subpart 5391.1, in CFT contracts as necessary.