00_FA880723R0005_Solicitation.pdf
PDF 3 MB Posted
- Attached to
- Mobile User Objective System (MUOS) Service Life Extension (SLE) Phase 1 - Amendment 01 Federal contract opportunity
- Solicitation number
- FA880723R0005
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| A_FA880723R0005_Exhibit A - CDRL.pdf | ||
| 06_FA880723R0005_Attachment 06 - Govt Responses.pdf | ||
| B_FA880723R0005_Exhibit B - CDRL.pdf | ||
| 01_FA880723R0005_Attachment 01 - SOW.pdf | ||
| 05_FA880723R0005_Attachment 05 - MUOS SLE MA STG.pdf | ||
| 00_FA880723R0005-0001_Amendment.pdf | ||
| 00_FA880723R0005-0001_Solicitation (Conformed).pdf | ||
| 02 FA880723R0005 Attachment 02 DD254.pdf | ||
| B_FA880723R0005_Exhibit B - CDRL.pdf | ||
| 01_FA880723R0005_Attachment 01 - SOW.pdf | ||
| 04_FA880723R0005_Attachment 04 - SBPCD.pdf | ||
| 03_FA880723R0005_Attachment 03 - Intellectual Property Rights.pdf | ||
| A_FA880723R0005_Exhibit A - CDRL.pdf |
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Text version
SOLICITATION OFFER AND AWARD 1
1. ThisCon trac t isaRated Orderunder the Defense Priori tiesand A l lo cations ►
I
RATING
, , System (DPAS)-Code of Federal Regu lations-at 15 CFR 700. I
PAGE OF PAGES
1 I 29
2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER
FA880723R0005
7. ISSUED BY
SPACE SYSTEMS COMMAND
CODE I FA8807
483 N. AVIATION BLVD EL SEGUNDO, CA 90245-2808
□ SEALED BID (IFB) INVITATION FOR BID
� NEGOTIATED (RFP) REQUEST FOR
PROPOSAL 3/24/2023
8. ADDRESS OFFER TO (If other than item 7)
NOTE: In sealed bid solicitations "offer" and "offerer'' mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time (Hour) (Date)
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation
10. FOR A. NAME B. TELEPHONE (NO COLLECT CALLS) C. EMAIL ADDRESS
INFORMATION
CALL: ► KRYSTAL HUSSONG
AREA CODE
I
NUMBER
619 524-7150 I
EXTENSION
krystal.hussong@spaceforce.mil
11. TABLE OF CONTENTS
(X) SECTION DESCRIPTION PAGE(S) (X) SECTION DESCRIPTION PAGE(S)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
X A SOLICITATION/CONTRACT FORM 1 X I CONTRACT CLAUSES 13
X B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART Ill - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
X C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT 5 X J LIST OF ATTACHMENTS 29
X D PACKAGING AND MARKING 6 PART IV - REPRESENTATIONS AND INSTRUCTIONS
X E INSPECTION AND ACCEPTANCE 7 REPRESENTATIONS, CERTIFICATIONS AND OTHER
K-1
X K STATEMENTS OF OFFERORS X F DELIVERIES OR PERFORMANCE
X G CONTRACT ADMINISTRATION DATA 9 X L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS L-1
X H SPECIAL CONTRACT REQUIREMENTS 12 X M EVALUATION FACTORS FOR AWARD M-1
OFFER (Must be fully completed by offeror)
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT ► 10 CALENDAR DAYS (%)
20 CALENDAR DAYS(%) 30 CALENDAR DAYS(%)
I
CALENDAR DAYS(%)
(See Section I, Clause Number 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS AMENDMENT NUMBER DATE AMENDMENT NUMBER DATE
(The offeror acknowledges receipt of amendments to the SOL/CITATION for offerors and related documents numbered and dated):
CODE I I FACILITY I 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER
15A. NAME AND (Type or print)
ADDRESS
OF OFFEROR
15B. TELEPHONE NUMBER
□ 15C. CHECK IF REMITTANCE ADDRESS IS 17. SIGNATURE
AREA CODE
I
NUMBER
I
EXTENSION DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED
20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE 23_ SUBMIT INVOICES TO ADDRESS SHOWN IN UNITED STATES CODE AT:
(4 copies unless otherwise specified)
D 10 U.S.C. 3204(a) D 41 U.S.C. 3304(a) ( )
24. ADMINISTERED BY (If other than Item 7)
26. NAME OF CONTRACTING OFFICER (Type or print)
25. PAYMENT WILL BE MADE BY
27. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
IMPORTANT -Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
18. OFFER DATE
I
ITEM
GODEi
28. AWARD DATE
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
STANDARD FORM 33 (REV.12/2022)
Prescribed by GSA- FAR (48 CFR) 53.214 (c)
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION B FA8807-23-R-0005
Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount
Labor - Risk Reduction and Early Design - FPIF
0001 1 __________ Lot __________
Noun: RISK REDUCTION AND EARLY DESIGN - FPIF
PSC:
Start Date: 25 SEP 2023 Completion Date: 24 MAR 2023 Descriptive Data:
Labor in accordance with Statement of Work, Attachment 1.
Target Cost: TBD Target Profit: TBD Target Price: TBD
Ceiling Price = Target Price Sharing Arrangement: 100/0 (Government/Contractor) underrun; 0/100 (Government/Contractor) overrun
CDRLs, DD Form 1423, Exhibit A
0002 1 __________ Lot __________
Noun: CONTRACT DATA REQUIREMENTS LIST (CDRL)
PSC:
DD1423 is Exhibit: A Start Date: 25 SEP 2023 Completion Date: 24 SEP 2024 Descriptive Data:
Data in accordance with Contract Data Requirements List (CDRL) Exhibit A.
DD Form 1423 Not Separately Priced (NSP) - applicable to and Included in the price of
CLIN 0001.
Data Rights
0003 1 __________ Lot __________
Noun: DATA RIGHTS
PSC:
DD1423 is Exhibit: A Start Date: 25 SEP 2023 Completion Date: 24 SEP 2024 Descriptive Data:
Data in accordance with Contract Data Requirements List (CDRL) Exhibit A.
DD Form 1423 Not Separately Priced (NSP) - applicable to and Included in the price of
CLIN 0001.
SECTION B FA8807-23-R-0005
Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount
Labor - Risk Reduction and Early Design - Option
1001 1 __________ Lot __________ Noun: RISK REDUCTION AND EARLY DESIGN - FPIF - OPTION
PSC:
Start Date: ASREQ Completion Date: 16 MAR 2023 Descriptive Data:
Labor in accordance with Statement of Work, Attachment 1.
Target Cost: TBD Target Profit: TBD Target Price: TBD
Ceiling Price = Target Price Sharing Arrangement: 100/0 (Government/Contractor) underrun; 0/100 (Government/Contractor) overrun
1002 CDRLs, DD Form 1423, Exhibit B - Option
1002 1 __________ Lot __________ Noun: CONTRACT DATA REQUIREMENTS LIST (CDRL) - OPTION
PSC:
DD1423 is Exhibit: B Start Date: ASREQ Completion Date: ASREQ Descriptive Data:
Data in accordance with Contract Data Requirements List (CDRL) Exhibit B.
CLIN 1001.
Data Rights - Option
1003 1 __________ Lot __________ Noun: DATA RIGHTS - OPTION
PSC:
Start Date: ASREQ Completion Date: ASREQ Descriptive Data:
Data in accordance with Contract Data Requirements List (CDRL) Exhibit B.
CLIN 1001.
SECTION B FA8807-23-R-0005
NO CLAUSES OR PROVISIONS IN THIS SECTION
SECTION C - DESCRIPTION/SPECS./WORK STATEMENT
SECTION C FA8807-23-R-0005
See Attachment 1 - Statement of Work for Mobile User Objective System (MUOS) Service Life Extension (SLE)
NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
SECTION D - PACKAGING AND MARKING
SECTION D FA8807-23-R-0005
SECTION E - INSPECTION AND ACCEPTANCE
SECTION E FA8807-23-R-0005
NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.246-04 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)
SECTION F - DELIVERIES OR PERFORMANCE
SECTION F FA8807-23-R-0005
SHIP MARK TRANS
ITEM SUPPLIES SCHEDULE DATA QTY TO FOR PRI DATE
0001 1 FA8807 24 Mar 2023
Noun: RISK REDUCTION AND EARLY DESIGN - FPIF
0002 1 FA8807 24 Sep 2024
Noun: CONTRACT DATA REQUIREMENTS LIST (CDRL)
0003 1 FA8807 24 Sep 2024
Noun: DATA RIGHTS
1001 1 FA8807 16 Mar 2023
Noun: RISK REDUCTION AND EARLY DESIGN - FPIF -
OPTION
1002 1 FA8807 ASREQ
Noun: CONTRACT DATA REQUIREMENTS LIST (CDRL) -
OPTION
1003 1 FA8807 ASREQ
Noun: DATA RIGHTS - OPTION
NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.242-15 STOP-WORK ORDER (AUG 1989)
52.247-34 F.O.B. DESTINATION (NOV 1991)
SECTION G - CONTRACT ADMINISTRATION DATA
SECTION G FA8807-23-R-0005
NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause-unit, activity, or organization.
Area WorkFlow (WAWF).
certification is done external to the entitlement system.
-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through
WAWF.
https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
SECTION G FA8807-23-R-0005
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
_____ (Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table* Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC FA8807 Issue By DoDAAC FA8807 Admin DoDAAC FA8807 Inspect By DoDAAC FA8807 Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) FA8807 Service Acceptor (DoDAAC) FA8807 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
SECTION G FA8807-23-R-0005
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the
N/A
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
SECTION H FA8807-23-R-0005
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
SECTION I FA8807-23-R-0005
Contract Clauses in this section are from the FAR, Defense FAR Sup, Air Force FAR Sup, and the Air Force Materiel Command FAR Sup, and are current through the following updates:
Database_Version: 7.7.x.2600; Issued: 3/2/2023; FAR: FAC 2023-01; DFAR: DPN20230131; DL.: DL 98-021;
Class Deviations: CD 2023-O0004; AFFAR: 2002 Edition; AFAC: AFAC 2022-0502; IPN: 98-009
I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.202-01 DEFINITIONS (JUN 2020)
52.203-03 GRATUITIES (APR 1984)
52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN 2020)
52.203-07 ANTI-KICKBACK PROCEDURES (JUN 2020)
52.203-08 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR
IMPROPER ACTIVITY (MAY 2014)
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS
(JUN 2020)
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (NOV 2021)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (JUN 2020)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS (JAN 2017)
52.204-02 SECURITY REQUIREMENTS (MAR 2021)
52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT
PAPER (MAY 2011)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (JUN 2020)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
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)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
(NOV 2021)
52.209-09 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY
MATTERS (OCT 2018)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(NOV 2015)
52.210-01 MARKET RESEARCH (NOV 2021)
52.215-08 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER
THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (NOV 2021) -
ALTERNATE III (OCT 1997)
SECTION I FA8807-23-R-0005
Alt III, Para (c), Submit the cost portion of the proposal via the following electronic media:
'Section L Instructions to Offerors, paragraph 2.3 Electronic Offers'
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER
THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (NOV 2021) -
ALTERNATE IV (OCT 2010)
Alt IV, (b), Description of the information and the format that are required: 'TBD'
52.216-16 INCENTIVE PRICE REVISION -- FIRM TARGET (JAN 2022)
Para (a), Line Item numbers: 'TBD' Para (a), In no event shall the total final price of these items exceed the ceiling price of:
'See Section B for Ceiling Price' Para (c)(1), Number of days: '45' Para (d)(2)(ii), Percent: '100' Para (d)(2)(iii), Percent: '0'
52.219-04 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS
CONCERNS (OCT 2022)
Para (b). C.O. selects if the offeror elects to waive the evaluation preference. '__'
52.219-16 LIQUIDATED DAMAGES -- SUBCONTRACTING PLAN (SEP 2021)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (OCT 2022)
52.222-03 CONVICT LABOR (JUN 2003)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
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)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (DEC 2010)
52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING (JUN 2020)
52.225-01 BUY AMERICAN - SUPPLIES (OCT 2022)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2021)
52.227-01 AUTHORIZATION AND CONSENT (JUN 2020)
52.227-01 AUTHORIZATION AND CONSENT (JUN 2020) - ALTERNATE I (APR 1984)
52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (JUN 2020)
52.229-03 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
52.229-12 TAX ON CERTAIN FOREIGN PROCUREMENTS (FEB 2021)
52.232-01 PAYMENTS (APR 1984)
52.232-08 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
52.232-11 EXTRAS (APR 1984)
52.232-16 PROGRESS PAYMENTS (NOV 2021)
52.232-17 INTEREST (MAY 2014)
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
52.232-25 PROMPT PAYMENT (JAN 2017)
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)
52.233-01 DISPUTES (MAY 2014)
52.233-03 PROTEST AFTER AWARD (AUG 1996)
52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.237-03 CONTINUITY OF SERVICES (JAN 1991)
52.242-01 NOTICE OF INTENT TO DISALLOW COSTS (APR 1984)
52.242-03 PENALTIES FOR UNALLOWABLE COSTS (SEP 2021)
SECTION I FA8807-23-R-0005
52.242-05 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (JAN 2017)
52.242-13 BANKRUPTCY (JUL 1995)
52.243-01 CHANGES -- FIXED-PRICE (AUG 1987) - ALTERNATE I (APR 1984)
52.244-05 COMPETITION IN SUBCONTRACTING (DEC 1996)
52.244-06 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
(OCT 2022)
52.246-25 LIMITATION OF LIABILITY -- SERVICES (FEB 1997)
52.249-02 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR
2012)
52.249-08 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)
B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS
(SEP 2011)
252.203-7001 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-
CONTRACT-RELATED FELONIES (DEC 2008)
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP
2013)
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (AUG 2019)
252.203-7004 DISPLAY OF HOTLINE POSTERS (AUG 2019)
252.204-7000 DISCLOSURE OF INFORMATION (OCT 2016)
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION TO LITIGATION
SUPPORT (MAY 2016)
252.204-7018 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE
TELECOMMUNICATIONS EQUIPMENT OR SERVICES (JAN 2021)
252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS (DEC
1991)
252.209-7004 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE
GOVERNMENT OF A COUNTRY THAT IS A STATE SPONSOR OF TERRORISM
(MAY 2019)
252.209-7009 ORGANIZATIONAL CONFLICT OF INTEREST--MAJOR DEFENSE ACQUISITION
PROGRAM (MAY 2019)
252.222-7006 RESTRICTIONS ON THE USE OF MANDATORY ARBITRATION AGREEMENTS (DEC
2010)
252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)
252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR
HAZARDOUS MATERIALS - BASIC (SEP 2014)
252.225-7004 REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND
CANADA--SUBMISSION AFTER AWARD (OCT 2020)
252.225-7048 EXPORT-CONTROLLED ITEMS (JUN 2013)
252.225-7056 PROHIBITION REGARDING BUSINESS OPERATIONS WITH THE MADURO REGIME
(MAY 2022)
252.225-7058 POSTAWARD DISCLOSURE OF EMPLOYMENT OF INDIVIDUALS WHO WORK IN
252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS (APR 2019)
252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (FEB 2014)
252.227-7014 RIGHTS IN NONCOMMERCIAL COMPUTER SOFTWARE AND NONCOMMERCIAL
COMPUTER SOFTWARE DOCUMENTATION (FEB 2014)
252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS (FEB 2014)
252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION (JAN 2011)
252.227-7019 VALIDATION OF ASSERTED RESTRICTIONS--COMPUTER SOFTWARE (SEP 2016)
SECTION I FA8807-23-R-0005
252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED
INFORMATION MARKED WITH RESTRICTIVE LEGENDS (MAY 2013)
252.227-7027 DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE (APR
1988)
252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT (MAR 2000)
252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA (APR 2022)
252.227-7038 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (LARGE BUSINESS) (JUN
2012)
252.231-7000 SUPPLEMENTAL COST PRINCIPLES (DEC 1991)
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(DEC 2018)
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
252.234-7004 COST AND SOFTWARE DATA REPORTING SYSTEM - BASIC (NOV 2014)
252.242-7004 MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (MAY 2011)
252.242-7005 CONTRACTOR BUSINESS SYSTEMS (FEB 2012)
252.242-7006 ACCOUNTING SYSTEM ADMINISTRATION (FEB 2012)
252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)
252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS (JAN 2021)
252.249-7002 NOTIFICATION OF ANTICIPATED CONTRACT TERMINATION OR REDUCTION (JUN
2020)
C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
5352.201-9101 OMBUDSMAN (OCT 2019)
Para (c). Ombudsmen names, addresses, phone numbers, fax, and email addresses.
'(a) The SSC ombudsman for unclassified programs is:
Name: Mr. Brian Ucciardi Phone: (310) 653-1785 Email: brian.ucciardi.1@spaceforce.mil Address: SSC/AC PK Attn: Mr. Brian Ucciardi 483 N. Aviation Blvd El Segundo, CA 90245-2808
The SSC alternate ombudsman and ombudsman for classified programs is:
Name: Ms. Melissa Duong Phone: (310) 653-1792 Email: melissa.duong@spaceforce.mil Address: SSC/AC PKF Attn: Ms. Melissa Duong 483 N. Aviation Blvd El Segundo, CA 90245-2808'
II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV
2021)
(a) Definitions. As used in this clause--
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Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
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(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)
This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR 700).
52.217-09 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within one (1); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least one (1) days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 18.
52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/dfars https://www.acquisition.gov/affars
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52.252-04 ALTERATIONS IN CONTRACT (APR 1984)
Portions of this contract are altered as follows: N/A
52.252-06 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter
1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (DEC 2019)
(a) Definitions. As used in this clause probability of loss, misuse, or unauthorized access to, or modification of information.
policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
or for, a contractor and that processes, stores, or transmits covered defense information.
litary or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
for, a contractor and that processes, stores, or transmits covered defense information.
mation, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies, and is
(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or
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(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.
or an actual or potentially adverse effect on an information system and/or the information residing therein.
-related data for investigative purposes in a manner that maintains the integrity of the data.
processing, maintenance, use, sharing, dissemination, or disposition of information.
orm an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.
airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
re, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems. To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:
(1) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government, the following security requirements apply:
(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.
(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.
(2) For covered contractor information systems that are not part of an IT service of system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:
(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-
SECTION I FA8807-23-R-0005
http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.
(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.
(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.
indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.
(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.
(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.
(c) Cyber incident reporting requirement.
(1) When the Contractor discovers a cyber incident that affects a covered contractor ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contrac, the Contractor shall
(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part been accessed as a result of the incident in order to identify compromised covered defense information,
(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved
SECTION I FA8807-23-R-0005
medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.
(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the Contracting Officer.
(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.
(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.
(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.
(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.
(i) Use and release of contractor attributional/proprietary information not created by or for DoD.
Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD
(1) To entities with missions that may be affected by such information;
(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
(3) To Government entities that conduct counterintelligence or law enforcement investigations;
(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236);
or activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
(j) Use and release of contractor attributional/proprietary information created by or for DoD.
Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph
(c) of this clause) is authorized to be used and released outside of DoD for purposes and activities
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authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, release of such information.
(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.
(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.
(m) Subcontracts. The Contractor shall
(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and
(2) Require subcontractors to
(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and
(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.
252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)
(a) Contract line item(s) TBD is/are incrementally funded. For this/these item (s), the sum of TBD of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state
(1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of
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funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or (e) of this clause.
(h) Nothing in this clause affects the rights of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract TBD
TBD TBD
TBD TBD
TBD TBD
OTHER CONTRACT CLAUSES IN FULL TEXT
SMC--I001 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (DEVIATION 2023-O0002)
(DEC 2022). (DEC 2022)
(a) Definitions. As used in this contract
HUBZone small business concern means a small business concern that meets the requirements described in 13 CFR 126.200, certified by the Small Business Administration (SBA) and designated by SBA as a HUBZone small business concern in the Dynamic Small Business Search (DSBS) and SAM.
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Service-disabled veteran-owned small business concern
(1) Means a small business concern-
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C.101 (2), with a disability that is service-connected, as defined in 38 U.S.C.101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation and qualified as a small business under the criteria and size standards in 13 CFR part 121, including the size standard that corresponds to the NAICS code assigned to the contract or subcontract.
Small disadvantaged business concern, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that-
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $850,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106)…
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