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NAPS PART 5252



NAVY ACQUISITION PROCEDURES SUPPLEMENT

PART 5252

 

SOLICITATION PROVISIONS AND CONTRACT CLAUSES

 

SUBPART 5252.1-INSTRUCTIONS FOR USING PROVISIONS

AND CLAUSES

 

5252.101 Using part 52.

(b) Numbering.

(2)(ii) Clause numbers for provisions and clauses in this supplement, as well as standard component clauses, consist of 11 digits assigned as follows:

POSITION NUMBER EXPLANATION

1-2 52 Indicates Chapter 52 in Title 48 of the CFR

3-5 52.2 Indicates correspondence with FAR Subpart

52.2,"Texts of Provisions and Clauses".

6-7 XX- Indicates part number in FAR or DFARS

which clause implements or supplements.

8-11 9XXX Sequences clauses within part number and

indicates originating activity:

 

9000-9099 NAPS (OASN(RD&A))

9100-9199 NAVSEA

9200-9299 SPAWAR

9300-9399 NAVFAC

9400-9499 NAVSUP

9500-9599 NAVAIR

9600-9649 SPAWAR

9650-9699 MC

9700-9749 ONR

9750-9799 SSP

9800-9899 MSC

9900-9999 RESERVED

 

 

SUBPART 5252.2-TEXTS OF PROVISIONS AND CLAUSES

 

5252.200 Scope of subpart.

This subpart sets forth the texts of all NAPS provisions and clauses and for each, gives a cross-reference to the location in the NAPS that prescribes its use.

 

5252.201-9000 CIVIL WORKS--DELEGATION TO NAVAL FACILITIES

 

As prescribed in 5201.601(90)(b)(2), insert the following clause:

 

CIVIL WORKS--DELEGATION TO NAVAL FACILITIES ENGINEERING COMMAND

 

(a) The Commander, Naval Facilities Engineering Command, having cognizance of the construction of all items at privately operated establishments which would constitute Public Utilities if constructed at a Shore Establishment of the Navy (such items being hereinafter referred to as Civil Works), is hereby designated as the authorized representative of * with respect to any such Civil Works called for by this contract, said delegation including but not being limited to the performance of the following functions:

(1) Approving selection and compensation of an architect or engineer;

(2) Approving the selection and fee of a general building contractor;

(3) Consent to the placement of any subcontract for Civil Works;

(4) Approving any plans or specifications;

(5) Approving of major alterations or increased cost within the estimated cost set forth in this contract for Civil Works;

(6) Inspection, supervision, administration of the terms of the subcontract and acceptance of performance;

(7) Monitoring compliance with labor standards requirements; and

(8) Ordering or approving changes relating to the Civil Works.

(b) The   ** , acting for the

Commander, Naval Facilities Engineering Command, will have jurisdiction only over the Civil Works design, construction and installation, unless otherwise specifically provided in this contract or unless otherwise determined by mutual agreement between the contracting office and the Naval Facilities Engineering Command.

 

* identify activity

** insert name and address of cognizant NAVFACENGCOM Division

 

(End of Clause)

 

 

5252.211-9000 NOTICE TO OFFERORS - USE OF OZONE DEPLETING

 

As described in 5211.271(90), a provision substantially the same as the following may be included in solicitations:

 

NOTICE TO OFFERORS--USE OF OZONE DEPLETING SUBSTANCES (AUG 93)

 

(a) In accordance with section 326 of Pub L.102-484, the Department of Defense is prohibited from awarding any contract which includes a DoD-directed specification or standard that requires the use of a Class I ozone depleting substance (ODS) or that can be met only through the use of such a substance unless such use has been approved by a senior acquisition official (SAO). The SAO approval is based on a technical certification that no suitable substitute for the ODS is currently available.

 

(b) To comply with this statute, the Navy has screened the specifications and standards associated with this solicitation. To the extent that ODS requirements were revealed by this review they are identified below:

 

Class I ODS Identified Specification/Standard

 

 

 

 

(c) If offerors possess knowledge about any other Class I ODS required directly or indirectly by the specification or standards, the Navy would appreciate such information in your response to this solicitation. Offerors are under no obligation to comply with this request and no compensation can be provided for doing so.

(End of Notice)

 

 

 

5252.223-9000 DoN ADDITIONAL SAFETY REQUIREMENTS APPLICABLE TO SPECIFIED GOVERNMENT FURNISHED AMMUNITION AND EXPLOSIVES

As prescribed at 5223.370-5, insert the following clause in the schedule of the contract:

DoN ADDITIONAL SAFETY REQUIREMENTS APPLICABLE TO SPECIFIED GOVERNMENT FURNISHED AMMUNITION AND EXPLOSIVES (OCT 1997)

The following additional safety requirements apply to Government Furnished Material (GFM) Ammunition and Explosives (A&E) containing nitrocellulose-based propellants and/or nitrate ester-based materials (such as nitroglycerin,) or such other similar A&E provided as GFM and designated by the Contracting Officer which have a tendency to become chemically unstable over time:

(a) The Contractor shall maintain inventory control records of potentially unstable GFM A&E by National Stock Number (NSN) or part number, lot number, nomenclature, storage location, quantity and date of receipt.

(b) The Contractor shall comply with any Government notice concerning any restrictions, suspensions and limitations imposed by the cognizant Government component on GFM A&E to ensure that the materials are safe for continued storage.

(c) Upon receipt of a notice from the Government of reclassification actions taken by the Government that render GFM A&E unserviceable, suspended or restricted, the Contractor shall immediately follow the instructions contained within the notice.

(d) When directed by the Government, the Contractor shall ship samples of GFM A&E in its possession to Government testing facilities. GFM A&E samples will be shipped with the Contract Number, NSN or part number, lot number, nomenclature and quantity clearly marked on the Bill of Lading. Failure to comply may result in rejection and/or disposal of the material at the destination at the expense of the Contractor. Any costs associated with the rejection and/or disposal of non-compliant or unauthorized shipments shall be borne by the Contractor.

(e) Within 30 days of completion or termination of the contract, the Contractor shall request disposition instructions from the Contracting Officer for any residual, unserviceable, suspended or restricted GFM A&E. The Contracting Officer shall provide disposition instructions to the Contractor not later than 90 days after they are requested.

(f) If disposition instructions direct shipment to a Government disposal or storage activity, the Contractor shall obtain verification of the contents and marking by the contract administration office Quality Assurance Representative prior to shipment. Additionally, the Contractor shall notify the receiving activity 30 days prior to shipment and provide a detailed list of GFM A&E being returned. Returned materials will be shipped with the Contract Number, NSN or part number, lot number, nomenclature and quantity clearly marked. Failure to comply may result in rejection and/or disposal of the material at the destination at the expense of the Contractor. Any costs associated with the rejection and/or disposal of non-compliant or unauthorized shipments shall be borne by the Contractor.

(g) If the Contractor has the capability to dispose of these materials at its facility and has been instructed to do so through disposition instructions, the Contractor shall provide written notice to the Contracting Officer identifying the materials it is disposing of by the Contract Number, NSN or part number, lot number, nomenclature and quantity, and the date the disposition of the materials was accomplished.

(h) If direction issued under this clause causes an increase in the cost of performance under this contract, the Contracting Officer shall make an equitable adjustment in the contract price.

(End of clause)

 

 

 

 

5252.232-9000 SUBMISSION OF INVOICES (FIXED PRICE)

As prescribed at 5232.908(a), insert the following clause:

 

SUBMISSION OF INVOICES (FIXED PRICE) (JUL 1992)

 

(a) "Invoice" as used in this clause does not include contractor requests for progress payments.

(b) The contractor shall submit original invoices with copies to the address identified in the solicitation/ contract award form (SF 26-Block 10; SF 33-Block 23; SF 1447-Block 14), unless delivery orders are applicable, in which case invoices will be segregated by individual order and submitted to the address specified in the order (DD 1155-Block 13 or SF 26-Block 10).

(c) The use of copies of the Material Inspection and Receiving Report (MIRR),

DD Form 250, as an invoice is encouraged. DFARS Appendix F-306 provides

instructions for such use. Copies of the MIRR used as an invoice are in addition to the standard distribution stated in DFARS F-401.

(d) In addition to the requirements of the Prompt Payment clause of this contract, the contractor shall cite on each invoice the contract line item number (CLIN); the contract subline item number (SLIN), if applicable; the accounting

classification reference number (ACRN) as identified on the financial accounting data sheets, and the payment terms.

(e) The contractor shall prepare:

* a separate invoice for each activity designated to receive the supplies or services.

* a consolidated invoice covering all shipments delivered under an individual order.

* either of the above.

 

(f) If acceptance is at origin, the contractor shall submit the MIRR or other

acceptance verification directly to the designated payment office. If acceptance is at destination, the consignee will forward acceptance verification to the designated payment office.

* Check applicable procedure.

(End of clause)

 

 

Alternate I (JUL 1992). As prescribed at 5232.908(a), add the following

paragraph (g) to the basic clause:

 

(g) Submit invoices monthly to the Government representative named

in the contract for approval of hours actually expended.

 

 

5252.232-9001 SUBMISSION OF INVOICES (COST-REIMBURSEMENT, TIME-

AND-MATERIALS, LABOR-HOUR, OR FIXED PRICE INCENTIVE)

As prescribed at 5232.908(b), insert the following clause:

 

SUBMISSION OF INVOICES (COST-REIMBURSEMENT, TIME-AND-MATERIALS,

LABOR-HOUR, OR FIXED PRICE INCENTIVE) (JUL 1992)

 

(a) "Invoice" as used in this clause includes contractor requests for interim

payments using public vouchers (SF 1034) but does not include contractor requests for progress payments under fixed price incentive contracts.

 

(b) The Contractor shall submit invoices and any necessary supporting documentation, in an original and ____ copies, to the contract auditor* at the following address:

_____________________________________________________________________

_____________________________________________________________________

_____________________________________________________________________

unless delivery orders are applicable, in which case invoices will be segregated

by individual order and submitted to the address specified in the order. In addition,

an information copy shall be submitted to _________________________________ .

Following verification, the contract auditor* will forward the invoice to the designated payment office for payment in the amount determined to be owing, in accordance with the applicable payment (and fee) clause(s) of this contract.

(c) Invoices requesting interim payments shall be submitted no more than once every two weeks, unless another time period is specified in the Payments clause of this contract. For indefinite delivery type contracts, interim payment invoices shall be submitted no more than once every two weeks for each delivery order. There shall be a lapse of no more than ______ calendar days between performance and submission of an interim payment invoice.

(d) In addition to the information identified in the Prompt Payment clause herein, each invoice shall contain the following information, as applicable:

(1) Contract line item number (CLIN)

(2) Subline item number (SLIN)

(3) Accounting Classification Reference Number (ACRN)

(4) Payment terms

(5) Procuring activity

(6) Date supplies provided or services performed

(7) Costs incurred and allowable under the contract

(8) Vessel (e.g., ship, submarine or other craft) or system for which supply/service is provided

(e) A DD Form 250, "Material Inspection and Receiving Report",

is required with each invoice submittal.

is required only with the final invoice.

is not required.

(f) A Certificate of Performance

** shall be provided with each invoice submittal.

** is not required.

(g) The Contractor's final invoice shall be identified as such, and shall list all

other invoices (if any) previously tendered under this contract.

(h) Costs of performance shall be segregated, accumulated and invoiced to the

appropriate ACRN categories to the extent possible. When such segregation of costs by ACRN is not possible for invoices submitted with CLINS/SLINS with more than one ACRN, an allocation ratio shall be established in the same ratio as the obligations cited in the accounting data so that costs are allocated on a proportional basis.

 

* In contracts with the Canadian Commercial Corporation, substitute

"Administrative Contracting Officer" for "contract auditor".

** Check appropriate requirements.

 

(End of clause)

 

 

Alternate I (JUL 1992). As prescribed at 5232.908(b), add the following paragraph

(i) to the basic clause:

 

(i) When a vendor invoice for a foreign currency is provided as supporting documentation, the Contractor shall identify the foreign currency and indicate on the vendor invoice the rate of exchange on the date of payment by the Contractor. The Contractor shall also attach a copy of the bank draft or other suitable documents showing the rate of exchange. The contractor shall provide an English translation if the vendor invoice is written in a foreign language.

 

(End of Clause)

 

 

Alternate II (DEC 1996). As prescribed at 5232.908(b), substitute the following paragraph (b) for paragraph (b) of the basic clause:

 

A copy of every invoice shall also be provided to the individual listed below, at the address shown (if completed by the contracting officer):
____________________________________________________________
____________________________________________________________
____________________________________________________________
In addition, a copy of the final invoice shall be provided to the Administrative Contracting Officer (ACO).
(ii) Upon written notification to the contractor, DCAA may rescind its authorization for the contractor to submit interim invoices directly to the paying offices. Upon receipt of such written notice the contractor shall immediately begin to submit all invoices to the contract auditor at the above address.

(iii) Notwithstanding (i) and (ii), when delivery orders are applicable, invoices shall be segregated by individual order and submitted to the address(es) specified in the order.

 

5252.232-9002 INVOICES FOR CLASSIFIED CONTRACTS

As prescribed at 5232.908(c), insert the following clause:

 

INVOICES FOR CLASSIFIED CONTRACTS (JUL 1992)

 

To prevent disclosure of classified information, invoices submitted under this contract shall be so prepared that the supplies or services covered thereby can be identified only by reference to the contract. For example, the invoices may state "Contract N _ Item 0001, 100 EA @$1.00 = $100.00" The security classification shown on the contract shall not appear on the invoice.

 

(End of clause)

 

 

5252.232-9003 SUBMISSION OF INVOICES IN CONTRACTS FOR LEASE, RENTAL

As prescribed at 5232.908(d), insert the following clause:

 

SUBMISSION OF INVOICES IN CONTRACTS FOR LEASE, RENTAL AND/OR MAINTENANCE SERVICES (JUN 1993)

 

(a) The Contractor shall submit original invoices with three (3) copies to the address identified on the solicitation/contract award form (SF 26 - Block 10; SF 33 - Block 23; SF 1447 - Block 14) unless delivery orders are applicable, in which case invoices will be segregated by individual order and submitted to the address specified in the delivery order, including a named individual if applicable, for certification prior to payment.

 

(b) In addition to the information identified in the clause entitled "Prompt Payment" herein, invoices shall include the following information:

 

(1) Contract line item number (CLIN).

(2) Contract subline item number (SLIN), if applicable

(3) Accounting classification reference number (ACRN)

(4) Payment terms.

(5) Name and serial number of equipment provided or serviced.

(6) Total charges and, if applicable, the prompt payment discount.

 

(c) The Contractor shall submit invoices for basic monthly charges in the month following the month for which the charges accrue and not more than on a monthly basis. Payment for rental or services of less than one month's duration shall be pro-rated at 1/30th of the basic monthly charges for each calendar day.

 

(d) If maintenance credits apply, the procedures indicated below are applicable:

 

__________ The Government will request in writing that the applicable credits

__________ The Government will deduct the credits from the monthly invoice

(End of clause)

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