CONTRACT OPPORTUNITY DLA Disposition Services Tucson Region MHE Maintenance and Repair Services
This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in Federal Acquisition Regulations (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued. The solicitation number is SP4510-23-Q-1011 and being issued as a request for quotation (RFQ).
This solicitation and incorporated provisions and clauses are in effort through Federal Acquisition Circular 2023 - 01. See attached Performance Work Statement and applicable provisions and clauses.
TIERED EVALUATIONS INCLUDING LARGE BUSINESS CONCERNS: This solicitation is being issued as tiered evaluation with the following tiers:
(1) SDVOSB concerns;
(2) small business concerns; and
(3) large business concerns.
If award cannot be made, the solicitation will be cancelled, and the requirement resolicited. This set-aside procurement is based on a tiered or cascading order of precedence for evaluating offers. Tier 1 quotes will be evaluated first. After review of Tier 1 quotes, if award can be made at a fair and reasonable price that offers best valued to the United States, no additional tiers will be reviewed. If no offers are submitted at Tier 1 or if none of the Tier 1 quotes would result in award at a fair and reasonable price that offers best value to the United States, the Government will evaluate Tier 2 quotes for award. Tier 2 quotes will be evaluated first. After review of Tier 2 quotes, if award can be made at a fair and reasonable price that offers best valued to the United States, no additional tiers will be reviewed. If no offers are submitted at Tier 2 or if none of the Tier 2 quotes would result in award at a fair and reasonable price that offers best value to the United States, the Government will evaluate Tier 3 quotes for award.
The NAICS code is 811310 with a size standard of $11,000,000.00 and the requirement will result in one (1) 12-month base period of performance plus two (2)12-month option year periods of performance for a Firm Fixed Priced IDIQ contract. The total contract length shall not exceed three (3) years.
Background: The primary mission of the Defense Logistics Agency (DLA) Disposition Services is to dispose of Department of Defense (DoD) excess and surplus property generated by the military services. This is accomplished through reutilization to other DoD activities, transfer to other Federal agencies, donation to authorized state and local organizations, sale to the public, or ultimate disposal through abandonment or destruction. DLA Disposition Services Headquarters is located in Battle Creek, Michigan, with a variety of field sites worldwide. DLA Disposition Services is responsible for managing the DoD Surplus Property Program.
In order to accomplish this mission, DLA Disposition Services is seeking to have Preventative and Remedial Repair services on Material Handling Equipment (MHE) in accordance with the attached Performance Work Statement at DLA Disposition Services DSD Tucson.
This requirement is a Firm Fixed Priced Time and Material contract. Pricing must be Fixed Price for the entirety of services quoted for scheduled preventive maintenance services. Time and materials will only be used for unscheduled maintenance services. Site locations are listed in Attachment 2 – Tucson Locations.
Offers are due at 12:00 PM Eastern Time (United States), on 6 January 2023. Email quotes to Michael.Mamaty@dla.mil and Jacob.Curtiss@dla.mil. Questions are due 23 December 2022 by 12:00 PM Eastern Time and must be submitted in writing via email to Jacob.Curtiss@dla.mil and Michael.Mamaty@dla.mil. Questions will not be answered via telephone. Questions that occur after the cut off, but are considered to be significant to the requirement, may be accepted and discussed only with those vendors that have submitted a quote.
INSTRUCTIONS TO OFFERORS:
Submit quotes by email to Michael.Mamaty@dla.mil and Jacob.Curtiss@dla.mil no later than the specified date and time. Attention should be noted to FAR 52.212-1(f), concerning late submissions. The offeror bears the risk of non- receipt of any email transmissions and should ensure that all pages of the quote have been received by the designated office before the deadline indicated. Email submissions by 5:00 pm Est. one business day prior to the due date and time are encouraged to reduce the possibility of server or other cyber-related delays that may render your response as ineligible for consideration.
Offerors shall provide the applicable CAGE code and UEI number with their price submission. The information located in FAR 52.212-3 ALT 1 (Offerors Representations and Certifications) must be current on SAM.gov at the time of quote submission.
Site Visits are not being supported for this action in advance of the response deadline.
EVALUATION:
FAR 52.212-01:
Quote SUBMISSION (FORMAT AND CONTENT): The following describes the information that must be furnished as part of the quote and the format which must be presented. Quotes which do not provide the required information in the prescribed format at the time of initial submittal may be excluded from further consideration. Offers are strongly encouraged to read Provision FAR 52.212-1, “INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS”.
FORMAT: The offeror shall submit documentation (one original electronic form, standard Microsoft based Word and / or Excel, and or .PDF files) in response to this solicitation subject to the requirements in this provision.
QUOTE SUBMISSION: The following describes the information which must be furnished as part of the quote and the format in which it must be presented. Quotes which do not provide the required information in the prescribed format shall be excluded from further consideration. Offerors shall return a filled-out Price Scheduled, Attachment 3 Price Schedule – Tucson. A quote received without filling in all parts of the attachment will not be considered for an award. All quotes shall be valid for 90 calendar days.
FORMAT: Quotes shall be submitted in distinctly severable parts consisting of the following volumes: Volume 1 and Volume 2. Quote submissions will consist of one original if submitted by facsimile or electronically; an original and two copies if submitted by mail. If multiple electronic files are submitted, each electronic file shall identify it as part of Volume 1 or 2. Any information submitted in an electronic file that does not include volume identification in its name or upon opening, shall not be considered in any evaluation being performed under FAR 52.212-2.
VOLUME 1: For Volume 1, Section I, in accordance with FAR 52.212-1(b) Submission of offers, each company providing a quote will submit a signed and dated offer that will consist of FAR 52.212-1(b)(1) thru 52.212-1(b)(11) except FAR 52.212-1(b)(10) Past Performance Information. FAR 52.212-1(b)(10) information shall be in Volume 2. Volume 1,Section II requires each offeror to submit a filled out price schedule (Attachment 3).
VOLUME 2: Past Performance Questionnaire.
Emailed quotes are to be sent to Michael.Mamaty@dla.mil and Jacob.Curtiss@dla.mil
Past Performance Questionnaire:
The offeror is required to provide any current relevant information regarding the level of performance, in terms of delivery and quality achieved under either US Government or commercial contracts for the same or similar services within the last five (5) years. The information provided should support a qualitative review of the offeror; and/or; record of performance in the areas of conforming to specifications, adherence to contract schedules, history of reasonable and cooperative behavior, commitment to customer satisfaction, and business-like concern for the interest of your customer. Additionally, if performance deficiencies were identified, what they were and what corrective action was taken.
Offerors shall submit past performance data for either the firm; and/or principal subcontractor(s); and/or key employees of the firm. For each reference provided, a valid name and telephone number, contract number, contract type, dollar value, contract award and completion dates, point of contact, description of worked performed, and e-mail address of point of contact is required. The description of work performed shall be in sufficient detail to explain how each reference relates to same or similar requirements of the instant solicitation in areas such as type of equipment maintained, performance timeframes, performance locations, managing a similar size workforce, and complexities of services (to determine the relevancy of the work).
If the offeror elects to provide principal subcontractor past performance, the offeror shall provide the principal subcontractors’ consent allowing the US Government to disclose negative past performance information to the offeror.
Reference projects and corresponding reference questionnaires are limited to three (3) projects considered by the offeror to be the most relevant to the requirements of this solicitation. If more than three projects with reference questionnaires are received, the US Government will consider the first three projects received based upon the date and time the reference questionnaire are received.
Attachment 6 contains a past performance questionnaire that is used to evaluate an offeror’s past performance. The offeror shall provide the past performance questionnaire in Attachment 6 to the past performance reference they identify in this part of the quotes for the offeror, principal subcontractors and key personnel. The past performance reference shall independently submit the survey to the Contracting Officer prior to the closing date of the solicitation. Any completed past performance questionnaire received after closing date and time of this combined synopsis/solicitation or directly from the offeror will not be considered in the past performance evaluation. The US Government will not evaluate a reference listed in the past performance Volume 2 if no corresponding past performance questionnaire is received from a reference for that contract. This will have the effect of the offeror being given a Neutral rating for that portion of their overall evaluation, regardless of the type of experience or its similarity to this requirement. Past performance questionnaires must be received by the due date for receipt of quotes in order for the information to be considered. Offerors are cautioned that due to mail delivery times to the U.S., it is highly recommended that all contract references being asked to provide surveys be asked to scan the documents in Adobe .pdf format and email it to jacob.curtiss@dla.mil and Michael.Mamaty@dla.mil with a reference to the solicitation, SP4510-23-Q-1011 in the subject heading.
The submission of volume 2 past performance is required. If an offeror does not have any past performance references, offerors must at least identify a Volume 2 in their quote and state they do not have any past performance to provide. If the US Government only receives a past performance questionnaire from a past performance reference and there is no information in an offeror’s quotes regarding that reference (see paragraph above), the reference will not be considered. The offeror is responsible for ensuring references submit past performance questionnaire; the US Government will not be contacting references for purposes of obtaining the questionnaire.
ADDENDUM TO 52.212-2 EVALUATION – COMMERCIAL ITEMS
Evaluation Factors For Award: Trade-Off Process. Award shall be made to the responsible offeror whose quote conforms to the solicitation and is determined to be the most advantageous to the Government, past performance and price considered. The offer selected as best value will represent the best trade-off to the Government among past performance and price. Past performance will be significantly more important than price. The Government will determine best value on the basis of an assessment of the following factors:
1. Past Performance factor: The Government will evaluate past performance in accordance with the past performance questionnaire and evaluation clause in this combined synopsis/solicitation.
2. Price Factor: The Government will evaluate the offered prices for price reasonableness in accordance with the requirements of FAR 15.404-1
Evaluation of Past Performance:
Except under the circumstances notes in this combined synopsis/solicitation paragraph titled Efficiency in Competition, the US Government will evaluate the quality of the offeror’s past performance. The assessment of the offeror’s past performance will be used as a means of evaluating the probability of success of the offeror. Thus, an offeror with a higher confidence assessment rating for past performance will have a higher probability of meeting the solicitation requirements than a firm with a lower confidence assessment rating.
In investigating an offeror’s past performance, the US Government may consider information in the offeror’s quotes and information obtained from other sources, including past and present customers and their employees, other US Government agencies, including state and local agencies, consumer protection organizations and better business bureaus; former subcontractors; and others who may have useful information. Failure by the offeror to provide evidence of relevant performance on contracts of a similar nature in terms of performance timeframes and complexities of services provided will be considered by the US Government to have no relevant past performance. The offeror is responsible for ensuring references submit past performance surveys; the offeror’s reference must submit the past performance survey. The US Government will not accept past performance surveys submitted by the offeror or contact offeror references to obtain a completed survey. The US Government will evaluate past performance and experience in accordance with submission requirements of the solicitation.
Evaluation of past performance will be a subjective assessment based on a consideration of all relevant facts and circumstances. It will not be based on absolute standards of acceptable performance. The US Government is seeking to determine whether the offeror has consistently demonstrated a commitment to customer satisfaction and timely delivery of services. This is a matter of judgment. Offerors will be given an opportunity to address especially unfavorable reports of past performance, and the offeror’s response, or lack thereof, will be taken into consideration. Offerors lacking relevant past performance will not receive negative or positive consideration in the evaluation of this element as no meaningful confidence assessment rating can be reasonably assigned.
Past performance will be rated on an adjectival scale. The US Government’s conclusions about the overall quality of the offeror’s past performance and experience will be a factor in determining the relative merits of the offeror’s quotes and in selecting the offeror whose quote is considered the most advantageous to the US Government.
By past performance, the US Government means how well the offeror conformed to specifications and to standards of good workmanship; the offeror’s adherence to contract schedules, including the administrative aspects of performance; the offeror’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and the offeror’s business-like concern for the interests of the customer. By experience, the US Government means whether a contractors firm, principal subcontractor, or key personnel has performed similar work before. DLA Disposition Services will also consider the offeror’s past performance and experience on the same or similar contracts in terms of complexities of the services provided. Offerors with no past performance will be issued a Neutral rating for past performance.
Evaluation of Price: The offered price will be used in conjunction with the other factors to determine the quote, which represents the best value to the US Government. Price will not be numerically scored, but it will be fully evaluated using price analysis techniques.
Evaluation of Subcontracting Plans
(1) The evaluation of Small Business Subcontracting Plans, as required by FAR 52.219‐9 and DFARS 252.219‐7003 applies to all offerors except small businesses. This means that it will apply to Tier 3 offerors only. (2) The Small Business Subcontracting Plan will be evaluated to determine if it meets the requirements of FAR 52.219‐9 and DFARS 252.219‐7003. If the apparently successful offeror fails to negotiate a subcontracting plan acceptable to the contracting officer within the time limit prescribed by the contracting officer, the offeror will be ineligible for award. The evaluation of the Small Business Subcontracting Plan will be on the basis of total contract value (base and all options).
Efficiency Competition: Offerors are advised that the US Government may not evaluate the past performance quote of all offerors under this RFP. The US Government will review the total evaluated price of all quotes received in accordance with tiered evaluations as described in the “TIERED EVALUATIONS INCLUDING LARGE BUSINESS CONCERNS” paragraph. The past performance quotes of those offerors whose pricing is determined by the Contracting Officer to be most competitive may be reviewed prior to, or instead of, other past performance quote received. Based on the initial review of these past performance quote, the US Government may not evaluate the past performance quote of other offerors, whose total evaluated pricing was higher than that of one already evaluated and already assigned the highest possible past performance rating. This would occur when the Contracting Officer determines that any possible past performance superiority of an unevaluated (and higher priced) past performance quote, over (a lower priced) one that was already evaluated and assigned the highest possible past performance rating, would not warrant any additional price premium. This means that Tier 2 and Tier 3 quotes will not be evaluated or the efficiency in competition clause will not be applicable to their offer until the Tier 1 quotes are evaluated first. After review of Tier 1 quotes under the efficiency in competition and evaluation, if award can be made at a fair and reasonable price that offers best valued to the United States, no additional tiers will be reviewed. If no offers are submitted at Tier 1 or if none of the Tier 1 quotes would result in award at a fair and reasonable price that offers best value to the United States, the Government will evaluate Tier 2 quotes for award. At this time, Tier 2 quotes will be reviewed under the efficiency in competition and evaluation, if award can be made at a fair and reasonable price that offers best valued to the United States, no additional tiers will be reviewed. If no offers are submitted at Tier 2 or if none of the Tier 2 quotes would result in award at a fair and reasonable price that offers best value to the United States, the Government will evaluate Tier 3 quotes for award. At this time, Tier 3 quotes will be reviewed under the efficiency in competition and evaluation. Minimum/maximum for the base period is $2,500.00 and a maximum value of 150% above the total estimated value for the period. No minimum is guaranteed for the option periods.
The following provisions and clauses are applicable to this solicitation:
The provisions at 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. See attached applicable clauses for quote instructions.
Offers should include a complete copy of the provision at 52.212-3 ALT 1, Offeror Representations and Certifications --
Commercial Items, with its offer. See applicable clauses.
The clause 52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
The clause 52.212-4 Alt 1, Contract Terms and Conditions - Commercial Items, applies to this acquisition.
52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
Alternate I (Nov 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.
(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.
(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.
(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.
(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]
(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-
(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or
(B) Terminate this contract for cause.
(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.
(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-
(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or
(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.
(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.
(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.
(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.
(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-
(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.
(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-
(A) Performed by the contractor;
(B) Performed by the subcontractors; or
(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.
(iii) "Materials" means-
(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;
(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;
(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);
(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and
(E) Indirect costs specifically provided for in this clause.
(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.
(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:
(i) Hourly rate.
(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.
(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.
(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.
(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.
(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.
(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.
(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.
(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.
(ii) Materials.
(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor’s established catalog or market price, adjusted to reflect the-
(1) Quantities being acquired; and
(2) Any modifications necessary because of contract requirements.
(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-
(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or
(2) Makes these payments within 30 days of the submission of the Contractor’s payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.
(C) To the extent able, the Contractor shall-
(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and
(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.
(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.
(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: NONE
(2) Indirect Costs (Material Handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: NONE
(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.
(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.
(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):
(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;
(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-
(A) The original timecards (paper-based or electronic);
(B) The Contractor’s timekeeping procedures;
(C) Contractor records that show the distribution of labor between jobs or contracts; and
(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.
(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-
(A) Any invoices or subcontract agreements substantiating material costs; and
(B) Any documents supporting payment of those invoices.
(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor’s payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if-
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion.
(7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions.
(i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor.
(ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier.
(iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents.
(8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.
(9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(10) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
See attached clauses.
The clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items, applies to this acquisition. The additional FAR clauses cited in the clause are applicable to the acquisition.
The provision at FAR 52.212-1 (Instructions to Offerors -- Commercial) applies to this procurement.
52.216-18 Ordering NOV 2021
Ordering (Nov 2021)
Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued within 12 months after award.
All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
A delivery order or task order is considered "issued" when—
If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
If sent by fax, the Government transmits the order to the Contractor's fax number; or
If sent electronically, the Government either—
Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
Distributes the delivery order or task order via email to the Contractor's email address.
Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of clause)
52.216-19 Order Limitations OCT 1995
Order Limitations (Oct 1995)
Minimum order. When the Government requires supplies or services covered by this contract in an amount of__$2,500.00__________ the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
Maximum order. The Contractor is not obligated to honor-
Any order for a single item in excess of _N/A____________;
Any order for a combination of items in excess of __150%____________ ; or
A series of orders from the same ordering office within _N/A____________ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within __3_calendar__ days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
52.216-22 Indefinite Quantity OCT 1995
Indefinite Quantity (Oct 1995)
This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after _12 months after award.
(End of clause)
52.217-5 Evaluation of Options.
Evaluation of Options (July 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The total evaluated price will be for the base period and any option periods. Evaluation of options will not obligate the Government to exercise the option(s). The government may determine that an offer is unacceptable if the option prices are significantly unbalanced.
(End of provision)
52.217-9 Option to Extend the Term of the Contract.
Option to Extend the Term of the Contract (Mar 2000)
The Government may extend the term of this contract by written notice to the Contractor within _7 calendar days____]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __14 calendar_ days before the contract expires. The preliminary notice does not commit the Government to an extension.
If the Government exercises this option, the extended contract shall be considered to include this option clause.
The total duration of this contract, including the exercise of any options under this clause, shall not exceed __3 years_________.
End of clause
52.202-1 Definitions (JUN 2020
52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020)
52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions SEP 2007
52.203-12 Limitation on Payments to Influence Certain Federal Transactions JUN 2020
52.204-7 System for Award Management OCT 2018
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018
52.204-15 Service Contract Reporting Requirements for Indefinite-Delivery Contracts OCT 2016
52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.204-17 Ownership or Control of Offeror AUG 2020
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-19 Incorporation by Reference of Representations and Certifications: (DEC 2014)
52.204-20 Predecessor of Offeror AUG 2020
52.204-21 Basic Safeguarding of Covered Contractor Information Systems NOV 2021
52.204-22 Alternative Line Item Proposal JAN 2017
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities NOV 2021
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment NOV 2021
52.204-25 Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment NOV 2021
52.204-26 Covered Telecommunications Equipment or Services--Representation OCT 2020
52.209-5 Certification Regarding Responsibility Matters (AUG 2020)
52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment NOV 2021
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations NOV 2015
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or Felony Conviction under any Federal Law FEB 2016
52.216-1 Type of Contract APR 1984
52.216-19 Order Limitations OCT 1995
52.217-8 Option to Extend Services NOV 1999
52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns SEP 2021
52.219-6 Notice of Total Small Business Set-Aside NOV 2020
52.219-14 Limitations on Subcontracting SEP 2021
52.203-3 Gratuities APR 1984
52.219-8 Utilization of Small Business Concerns OCT 2018
52.219-9 Small Business Subcontracting Plan NOV 2021
252.219-7003 Small Business Subcontracting Plan (DoD Contracts)--Basic DEC 2019
52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside SEP 2021
52.219-28 Post-Award Small Business Program Rerepresentation SEP 2021
52.222-3 Convict Labor JUNE 2003
52.222-21 Prohibition of Segregated Facilities APR 2015
52.222-22 Previous Contracts and Compliance Reports FEB 1999
52.222-25 Affirmative Action Compliance APR 1984
52.222-26 Equal Opportunity SEP 2016
52.222-35 Equal Opportunity for Veterans JUN 2020
52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020
52.222-37 Employment Reports on Veterans JUN 2020
52.222-41 Service Contract Labor Standards AUG 2018
52.222-42 Statement of Equivalent Rates for Federal Hires MAY 2014
52.222-43 Fair Labor Standards Act and Service Contract Labor Standards – Price Adjustment (Multiple Year and Option Contracts) AUG 2018
52.222-50 Combating Trafficking in Persons NOV 2021
52.222-54 Employment Eligibility Verification MAY 52.212-
52.222-55 Minimum Wages Under Executive Order 13658 JAN 2022
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022
52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving JUN 2020
52.224-3 Privacy Training JAN 2017
52.225-1 Buy American Act – Supplies NOV 2021
52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications JUN 2020
52.232-33 Payment by Electronic Funds Transfer—System for Award Management OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors NOV 2021
52.233-1 Disputes MAY 2014
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection of Government Buildings, Equipment, and Vegetation APR 1984
52.245-1 Government Property SEP 2021
52.245-9 Use and Charges APR 2012
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2022
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7005 Representation Relating to Compensation of Former DoD Officials SEP 2022
252.204-7003 Control of Government Personnel Work Product APR 1992
252.204-7004 DoD Antiterrorism Awareness Training for Contractors FEB 2019
252.204-7008 Compliance with Safeguarding Covered Defense Information Controls OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support MAY 2016
252.204-7016 Covered Defense Telecommunications Equipment or Services--Representation DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services--Representation MAY 2021
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services JAN 2021
252.204-7019 Notice of NIST SP 800-171 DoD Assessment Requirements. MAR 2022
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. MAR 2022
252.204-7022 Expediting Contract Closeout MAY 2021
252.211-7007 Reporting of Government-Furnished Property AUG 2012
252.225-7048 Export-Controlled Items JUNE 2013
252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006
252.244-7000 Subcontracts for Commercial Items JAN 2021
252.246-7003 Notification of Potential Safety Issues JUN 2013
52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners JUN 2016
52.252-6 Authorized Deviations in Clauses NOV 2020
252.211-7003 Item Unique Identification and Valuation MAR 2022
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7055 Representation Regarding Business Operations with the Maduro Regime MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime MAY 2022
5452.233-9001 Disputes – Agreement to Use Alternative Dispute Resolution (ADR) (JUN 2020)
C02 Manufacturing Phase-Out or Discontinuation of Production, Diminishing Sources, and Obsolete Materials or Components (DEC 2016)
C03 Contractor Retention of Supply Chain Traceability Documentation (JUN 2020)
L09 Reverse Auction (OCT 2016)
SP451023Q1011 Defense Logistics Agency
12/8/22, 2:59 PM