DFARS 252.217-7001 Surge Option. Basic (Dec 2018)

As prescribed in 217.208-70(b), when a surge option is needed in support of industrial capability production planning, use the clause at 252.217-7001, Surge Option, in solicitations and contracts.

              (1)  Insert the percentage or quantity of increase the option represents in paragraph (a) of the clause to ensure adequate quantities are available to meet item requirements.

              (2)  Change 30 days in paragraphs (b)(2) and (d)(1) to longer periods, if appropriate.

              (3)  Change the 24-month period in paragraph (c)(3), if appropriate.
 

SURGE OPTION (DEC 2018)

      (a)  General.  The Government has the option to—

              (1)  Increase the quantity of supplies or services called for under this contract by no more than ___ percent or _______________ [insert quantity and description of services or supplies to be increased]; and/or

              (2)  Accelerate the rate of delivery called for under this contract, at a price or cost established before contract award or to be established by negotiation as provided in this clause.

      (b)  Schedule.

              (1)  When the Capabilities Analysis Plan (CAP) is included in the contract, the option delivery schedule shall be the production rate provided with the Plan.  If the Plan was negotiated before contract award, then the negotiated schedule shall be used.

              (2)  If there is no CAP in the contract, the Contractor shall, within 30 days from the date of award, furnish the Contracting Officer a delivery schedule showing the maximum sustainable rate of delivery for items in this contract.  This delivery schedule shall provide acceleration by month up to the maximum sustainable rate of delivery achievable within the Contractor's existing facilities, equipment, and subcontracting structure.

              (3)  The Contractor shall not revise the option delivery schedule without approval from the Contracting Officer.

      (c)  Exercise of option.

              (1)  The Contracting Officer may exercise this option at any time before acceptance by the Government of the final scheduled delivery.

              (2)  The Contracting Officer will provide a preliminary oral or written notice to the Contractor stating the quantities to be added or accelerated under the terms of this clause, followed by a contract modification incorporating the transmitted information and instructions.  The notice and modification will establish a not-to-exceed price equal to the highest contract unit price or cost of the added or accelerated items as of the date of the notice.

              (3)  The Contractor will not be required to deliver at a rate greater than the maximum sustainable delivery rate under paragraph (b)(2) of this clause, nor will the exercise of this option extend delivery more than 24 months beyond the scheduled final delivery.

      (d)  Price negotiation.

              (1)  Unless the option cost or price was previously agreed upon, the Contractor shall, within 30 days from the date of option exercise, submit to the Contracting Officer a cost or price proposal (including a cost breakdown) for the added or accelerated items.

              (2)  Failure to agree on a cost or price in negotiations resulting from the exercise of this option shall constitute a dispute concerning a question of fact within the meaning of the Disputes clause of this contract.  However, nothing in this clause shall excuse the Contractor from proceeding with the performance of the contract, as modified, while any resulting claim is being settled.

(End of clause)

 

NONE

Prime’s Interest;
(Applies when a surge option is needed in support of industrial capability production planning.);

52.209-1 Qualification Requirements.

52.211-14 Notice of Priority Rating for National Defense, Emergency Preparedness, and Energy Program Use.

52.211-16 Variation in Quantity.

52.212-3 Offeror Representations and Certifications—Commercial Items.

52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products.

52.225-1 Buy American—Supplies

52.225-3 Buy American—Free Trade Agreements-Israeli Trade Act.

52.225-5 Trade Agreements.

52.225-7 Waiver of Buy American Statute for Civil Aircraft and Related Articles.

52.225-8 Duty-Free Entry.

52.225-9 Buy American—Construction Materials.

52.227-19 Commercial Computer Software License.

52.227-20 Rights in Data—SBIR Program.

52.246-15 Certificate of Conformance.

52.247-36 F.a.s. Vessel, Port of Shipment.

52.247-37 F.o.b. Vessel, Port of Shipment.

52.247-38 F.o.b. Inland Carrier, Point of Exportation.

52.247-39 F.o.b. Inland Point, Country of Importation.

52.247-40 Ex Dock, Pier, or Warehouse, Port of Importation.

52.247-41 C.&F. Destination.

52.247-42 C.i.f. Destination.

52.247-43 F.o.b. Designated Air Carrier’s Terminal, Point of Exportation.

52.247-44 F.o.b. Designated Air Carrier’s Terminal, Point of Importation.

52.247-51 Evaluation of Export Offers.

252.208-7000 Intent to Furnish Precious Metals as Government-Furnished Material.

252.217-7026 Identification of Sources of Supply.

252.225-7001 Buy American and Balance of Payments Program.

252.225-7013 Duty-Free Entry.

252.225-7018 Photovoltaic Devices—Certificate.

252.225-7038 Restriction on Acquisition of Air Circuit Breakers.

252.225-7044 Balance of Payments Program--Construction Material.

252.225-7045 Balance of Payments Program--Construction Material Under Trade Agreements.

252.229-7001 Tax Relief.

252.229-7002 Customs Exemptions (Germany).

252.247-7021 Returnable Containers Other Than Cylinders.

252.225-7021 Trade Agreements.

252.225-7036 Buy American—Free Trade Agreements--Balance of Payments

1852.225-8 Duty-Free Entry of Space Articles.

1852.235-73 Final Scientific and Technical Reports.

1852.242-73 NASA Contractor Financial Management Reporting.

1852.245-73 Financial reporting of NASA property in the custody of contractors.

1852.247-73 Bills of Lading.

5252.211-9507 PERIOD OF PERFORMANCE (NAVAIR)

5252.216-9506 MINIMUM AND MAXIMUM QUANTITIES (NAVAIR)(MAR 1999)

5252.247-9505 TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995)

5252.247-9517 PACKAGING REQUIREMENTS FOR SHIPMENTS CONTAINING NON-MANUFACTURED WOOD PACKING MATERIALS (NAVAIR) (FEB 2002)

5252.204-9501 National Stock Numbers (NAVAIR) (Mar 2007)

5252.247-9507 Packaging and Marking of Reports (NAVAIR)

5252.247-9508 Prohibited Packing Materials (NAVAIR)

5252.247-9509 Preservation, Packaging, Packing, and Marking (NAVAIR) (Jul 1998)

5252.247-9510 Preservation, Packaging, Packing, and Marking for Foreign Military Sales (FMS) Requirements (NAVAIR) (Oct 2005)

5252.247-9514 Technical Data Packing Instructions (NAVAIR)

5252.225-9506 VERIFICATION OF "SHIP TO" AND/OR "NOTICE OF AVAILABILITY" ADDRESS (NAVAIR)

5252.246-9517 CONSTRUCTIVE ACCEPTANCE PERIOD (NAVAIR)

5252.232-9522 TRANSPORTATION ACCOUNT CODES (NAVAIR)

5352.217-9000 Long Lead Limitation of Government Liability

5152.225-5914 Commodity Shipping Instructions

5152.236-5900 Electrical and Structural Building Standards for Construction Projects

5152.247-5900 Inbound/Outbound Cargo and Contractor Equipment Census

552.211-73 Marking.

552.211-75 Preservation, Packaging and Packing.

552.211-76 Charges for Packaging , Packing, and Marking.

552.211-77 Packing List.

552.211-80 Age on Delivery.

552.211-81 Time of Shipment.

552.211-83 Availability for Inspection, Testing, and Shipment/Delivery.

552.211-85 Consistent Pack and Package Requirements.

552.211-86 Maximum Weight per Shipping Container.

552.211-87 Export Packing.

552.211-88 Vehicle Export Preparation.

552.211-89 Non-Manufactured Wood Packaging Material for Export.

552.211-90 Small Parts.

552.211-91 Vehicle Decals, Stickers, and Data Plates.

552.211-92 Radio Frequency Identification (RFID) Using Passive Tags.

552.211-94 Time of Delivery.

552.242-70 Status Report of Orders and Shipments.

552.246-70 Source Inspection by Quality Approved Manufacturer.

552.246-71 Source Inspection by Government.

552.246-72 Final Inspection and Tests.

552.246-77 Additional Contract Warranty Provisions for Supplies of a Noncomplex Nature.

552.246-78 Inspection at Destination.

652.247-70 Notice of Shipments.

652.247-71 Shipping Instructions

752.247-70 Preference for privately owned U.S.-flag commercial vessels.

952.211-70 Priorities and allocations for energy programs (solicitations).

952.211-71 Priorities and allocations for energy programs (contracts).

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