1605C1-24-Q-00133.pdf
PDF 308 KB Posted
- Attached to
- 0020 - Hazardous Waste Removal Federal contract opportunity
- Solicitation number
- 1650-DIT-24-NAT-0020
About this file
This document is a Request for Proposal (RFP) for Hazardous Waste Disposal services for the Department of Labor's Occupational Safety and Health Administration (OSHA). The contractor shall provide all personnel, equipment, tools, materials, supervision, and non-personal services in accordance with the Performance Work Statement (PWS).
The contract will be a Single Award Fixed Price contract with a base period of 8 months and four 12-month option periods. Quotes are due on September 20, 2024 at 2:00 PM EST. This requirement will be awarded using the Best Value Trade-Off Process. The set-aside status is unrestricted. Questions are due by September 16, 2024 at 2:00 PM EST and should be submitted to the specified points of contact. Wage Determination 2015-5489 Rev. 24 dated 7/22/2024 is applicable.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| A-19-Attachment 06 - OSHA WASTE DISPOSAL LIST - 09-18-2024.xlsx | XLSX spreadsheet | |
| A19-Attachment 02 - QA Log - Responses 9-18-24.xlsx | XLSX spreadsheet | |
| 1605C1-24-Q-00133-0001.pdf | ||
| A19-Attachment 04 - Subcontracting Plan Template - Hazardous Material.docx | DOCX document | |
| A19-Attachment 02 - QA Log.xlsx | XLSX spreadsheet | |
| A-19-Attachment 05 - Wage Determination 2015-5489 Rev 24.pdf | ||
| A19-Attachment 01 - PWS - Hazardous Waste Disposal - 8-24-24.docx | DOCX document | |
| A19-Attachment 03 - Evaluation Criteria - Hazardous Material.docx | DOCX document |
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Text version
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
CAS
See Schedule
OSHA UT SANDY SHIP 5 CODE 16. ADMINISTERED BYCODE
X
X
562211
SIZE STANDARD:
% FOR:SET ASIDE:UNRESTRICTED ORCAS
REQUEST FOR
PROPOSAL
(RFP)
INVITATION
FOR BID (IFB)
10. THIS ACQUISITION ISCODE
REQUEST FOR
QUOTE (RFQ)
14. METHOD OF SOLICITATION
13b. RATING
NORTH AMERICAN INDUSTRY
CLASSIFICATION STANDARD
(NAICS):
SMALL BUSINESS
09/18/2024 1400 ETMaria Britton (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
1605C1-24-Q-00133
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 39 1650-DIT-24-NAT-0020OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
TELEPHONE NO.
17a. CONTRACTOR/
SANDY UT 84070
ATTN: B. WALBECK
8660 SOUTH SANDY PARKWAY
US DEPARTMENT OF LABOR
15. DELIVER TO
Washington DC 20210 S-4307 200 Constitution Ave, NW Customer Acquisition Services
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$47
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FREE ON BOARD
(FOB) DESTINATION UNLESS
BLOCK IS MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS THIS CONTRACT IS A RATED
ORDER UNDER THE DEFENSE
PRIORITIES AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
8(A)
US Department of Labor
WOMEN-OWNED SMALL
BUSINESS (WOSB)
ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
ADMINISTERED BY:
US Department of Labor Customer Acquisition Services 200 Constitution Ave, NW S-4307 Washington DC 20210 USA The U.S. Department of Labor (DOL), Office of the Senior Procurement Executive (OSPE), Office of Acquisition Services (OAS) on behalf of Occupational Safety and Health Administration (OSHA), Directorate of Technical Support and
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Deborah W. Worrells
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Government Use Only)
OFFER
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT: REFERENCE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 11/2021) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Emergency Management (DTSEM) has a requirement for Hazardous Waste Disposal and Dangerous Goods
Shipping in accordance with the attached PWS.
This RFQ will result in a Single Award Fixed
Price Contract. The Period of Performance will be for an eight (8) month Base Period and four
(4) Twelve-Month Option Periods.
Base Period: September 20, 2024 - June 30, Option Period 01: July 01, 2025 - June 30, 2026
Option Period 02: July 01, 2026 - June 30, 2027
Option Period 03: July 01, 2027 - June 30, 2028
Option Period 04: July 01, 2028 - June 30, 2029
Wage Determination 2015-5489 Rev. 24 dated
7/22/2024 is applicable.
This requirement will be awarded using the Best
Value Trade-Off Process.
Questions pertaining to this RFQ are due by
02:00PM EST on September 16, 2024. Quote is due on September 20, 2024, at 02:00PM EST on this form. Please email all questions and quotes to
Maria Britton at britton.maria.m@dol.gov with a cc to Deborah Worrells at worrells.deborah@dol.gov.
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
39 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 39
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
1605C1-24-Q-00133
Delivery: 30 Days After Award
Period of Performance: 09/20/2024 to 06/30/2025
0001 Hazardous Waste Removal from OSHA Technical Center
Product/Service Code: 9999
The contractor shall provide all supplies and services in accordance with the attached PWS.
1001 Hazardous Waste Removal from OSHA Technical Center
(Option Line Item)
(Anticipated Option Exercise Date) 05/30/2025
Product/Service Code: 9999
Period of Performance: 07/01/2025 to 06/30/2026
The contractor shall provide all supplies and services in accordance with the attached PWS.
2001 Hazardous Waste Removal from OSHA Technical Center
(Option Line Item)
(Anticipated Option Exercise Date) 05/30/2026
Product/Service Code: 9999
Period of Performance: 07/01/2026 to 06/30/2027
The contractor shall provide all supplies and services in accordance with the attached PWS.
3001 Hazardous Waste Removal from OSHA Technical Center
(Option Line Item)
(Anticipated Option Exercise Date) 05/30/2027
Product/Service Code: 9999
Period of Performance: 07/01/2027 to 06/30/2028
The contractor shall provide all supplies and services in accordance with the attached PWS.
4001 Hazardous Waste Removal from OSHA Technical Center
(Option Line Item)
(Anticipated Option Exercise Date) 0
Product/Service Code: 9999
The contractor shall provide all supplies and
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
4 39
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
1605C1-24-Q-00133 services in accordance with the attached PWS.
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
A - Solicitation/Contract Form B - Supplies or Services/Prices C - Description/Specifications D - Packaging and Marking E - Inspection and Acceptance F - Deliveries or Performance G - Contract Administration Data H - Special Contract Requirements I - Contract Clauses J - List of Documents, Exhibits and Other Attachments K - Representations, Certifications, and Other Statements of Bidders L - Instructions, Conditions, and Notices to Bidders M - Evaluation Factors for Award
A - Solicitation/Contract Form
N/A.
B - Supplies or Services/Prices
Please see the below detailed price chart and CLIN table below. Both pricing tables shall be completed by offerors:
Description Unit Price Unit of Measure
Transportation of Hazardous Waste Materials from VSQG to disposal sites (2-4 times per year at OSHA
SLTC)
Chemist Time and Services
Manifest Fees
State and Federal Hazardous Waste transportation and disposal fees.
Labpack Acid & Acid Compatibles for Incineration (2-4 times per year at OSHA SLTC)
Labpack Basic & Basic Compatibles for Incineration (2-4 times per year at OSHA SLTC)
Labpack Mercury Salts And Solutions For Incineration (2-4 times per year at OSHA SLTC)
Labpack Organics for Incineration (2-4 times per year at OSHA SLTC)
Labpack Required To Be Packaged Alone Per DOT (2-4 times per year at OSHA SLTC)
Labpack Boxes various sizes packing and disposal services (2-4 times per year at OSHA SLTC)
Polymer and metal drums of various sizes packing and disposal services
Vermiculite and other sorbents
Utilized and exhausted electrochemical Dragersonsors ™
Utilized and exhausted sealed oxygen sensors that contain lead and metal acetates
Lithium-Ion Batteries
Mercury containing bulbs (2-4 times per year at OSHA SLTC)
D-List Waste removal (2-4 times per year at OSHA SLTC)
P-List Waste removal (2-4 times per year at OSHA SLTC)
U-List Waste removal (2-4 times per year at OSHA SLTC)
Dispose of batteries and electronics. (2-4 times per year at OSHA SLTC)
Dispose of old escape respirators (KO2 for example) (2-4 times per year at OSHA SLTC)
Item Number Description Quantity Unit Unit Price Amount
Item Number Description Quantity Unit Unit Price Amount
Hazardous Waste Removal from OSHA Technical Center Product/Service Code: 9999
Hazardous Waste Removal from OSHA Technical Center
(Option Line Item)
(Anticipated Option Exercise Date) 05/30/2025 Product/Service Code: 9999
Hazardous Waste Removal from OSHA Technical Center
(Option Line Item)
(Anticipated Option Exercise Date) 05/30/2026 Product/Service Code: 9999
Hazardous Waste Removal from OSHA Technical Center
(Option Line Item)
(Anticipated Option Exercise Date) 05/30/2027 Product/Service Code: 9999
Hazardous Waste Removal from OSHA Technical Center
(Option Line Item)
(Anticipated Option Exercise Date) 0 Product/Service Code: 9999
C - Description/Specifications
The Performance Work Statement (PWS) is located in Attachment 01.
D - Packaging and Marking
N/A
E - Inspection and Acceptance
N/A
F - Deliveries or Performance
52.242-17 Government Delay of Work. (APR 1984)
G - Contract Administration Data
N/A.
H - Special Contract Requirements
N/A.
I - Contract Clauses
52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (JUN 2020)
52.204-13 System for Award Management Maintenance. (OCT 2018)
52.204-14 Service Contract Reporting Requirements. (OCT 2016)
52.204-18 Commercial and Government Entity Code Maintenance. (AUG 2020)
52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014)
52.212-4 Contract Terms and Conditions - Commercial Products and Commercial Services. (NOV 2023)
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Products and Commercial Services. (MAY 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ] (4) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-
282) (31 U.S.C. 6101 note).
[ ] (6) [Reserved]
[ ] (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L.
111-117, section 743 of Div. C).
[X] (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub.
L. 117-328).
[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (DEC 2023) (Pub. L. 115-390, title II).
[ ] (11)(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders- Prohibition. (DEC 2023) (Pub. L. 115- 390, title II).
[ ] (ii) Alternate I (DEC 2023) of 52.204-30.
[ ] (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) (31 U.S.C. 6101 note).
[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) (41 U.S.C. 2313).
[ ] (14) [Reserved]
[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) (15 U.S.C. 657a).
[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (17) [Reserved]
[ ] (18)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (MAR 2020) of 52.219-6.
[ ] (19)(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (MAR 2020) of 52.219-7.
[ ] (20) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)).
[ ] (21)(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (NOV 2016) of 52.219-9.
[ ] (iii) Alternate II (NOV 2016) of 52.219-9.
[ ] (iv) Alternate III (JUN 2020) of 52.219-9.
[ ] (v) Alternate IV (SEP 2023) of 52.219-9.
[ ] (22)(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-13.
[ ] (23) 52.219-14, Limitations on Subcontracting (OCT 2022) (15 U.S.C. 657s).
[ ] (24) 52.219-16, Liquidated Damages- Subcontracting Plan (SEP 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (FEB 2024) (15 U.S.C. 657f).
[ ] (26)(i) 52.219-28, Post-Award Small Business Program Rerepresentation (FEB 2024) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-28.
[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) (15 U.S.C. 637(m)).
[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) (15 U.S.C. 637(m)).
[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
[ ] (30) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15 U.S.C. 657s).
[X] (31) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
[X] (32) 52.222-19, Child Labor- Cooperation with Authorities and Remedies (FEB 2024) (E.O. 13126).
[X] (33) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
[X] (34)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
[ ] (ii) Alternate I (FEB 1999) of 52.222-26.
[X] (35)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (JULY 2014) of 52.222-35.
[X] (36)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (JULY 2014) of 52.222-36.
[X] (37) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O.
13496).
[X] (39)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (ii) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (40) 52.222-54, Employment Eligibility Verification (MAY 2022). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[ ] (41)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (MAY 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (MAY 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (MAY 2024) (42 U.S.C. 7671, et seq.).
[X] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (44) 52.223-20, Aerosols (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (45) 52.223-21, Foams (MAY 2024) (42 U.S.C. 7671, et seq.).
[ ] (46) 52.223-23, Sustainable Products and Services (MAY 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C. 7671l).
[ ] (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
[ ] (ii) Alternate I (JAN 2017) of 52.224-3.
[ ] (48)(i) 52.225-1, Buy American- Supplies (OCT 2022)) (41 U.S.C. chapter 83).
[ ] (ii) Alternate I (OCT 2022) of 52.225-1.
[ ] (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[ ] (ii) Alternate I [Reserved].
[ ] (iii) Alternate II (DEC 2022) of 52.225-3.
[ ] (iv) Alternate III (FEB 2024) of 52.225-3.
[ ] (v) Alternate IV (OCT 2022) of 52.225-3.
[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[ ] (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (NOV 2007) (42 U.S.C. 5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (NOV 2007) (42 U.S.C.
5150).
[ ] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV 2021) (41 U.S.C.4505, 10 U.S.C. 3805).
[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT 2018) (31 U.S.C.
3332).
[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (JUL 2013) (31 U.S.C. 3332).
[ ] (61) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
[ ] (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).
[ ] (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(13)).
[ ] (64)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[ ] (ii) Alternate I (Apr 2003) of 52.247-64.
[ ] (iii) Alternate II (NOV 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.]
[X] (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C.
chapter 67).
[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
[ ] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records - Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (NOV 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (DEC 2023) (Pub.
L. 115-390, title II).
(B) Alternate I (DEC 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (FEB 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x) 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
(xi) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).
(xvi) [X] (A) 52.222-50, Combating Trafficking in Persons (NOV 2021) (22 U.S.C. chapter 78 and E.O.
13627).
[ ] (B) Alternate I (MAR 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (MAY 2022) (E. O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
(xxi) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xxii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN 2020) (42 U.S.C.
1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) (46 U.S.C.
55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247- 64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-8 Option To Extend Services. (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 Days.
(End of clause)
52.217-9 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 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15days 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 66 months.
(End of clause)
52.232-1 Payments. (APR 1984)
52.232-8 Discounts for Prompt Payment. (FEB 2002)
52.232-11 Extras. (APR 1984)
52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (MAR 2023)
DOL 2023-03 Submission of Invoices (July 2023)
DOL 2023-03
Submission of Invoices (July 2023)
A. Applicability
Contracting Officers shall insert this clause in all solicitations and awards. For existing awards, the Contracting Officer will determine whether the contract action should be modified to incorporate the clause.
B. Definitions
None
C. Requirements
1. Electronic Invoice Submittal
Invoices for the services/goods provided under this award shall be submitted through the Department of Treasury's Invoice Processing Platform (IPP) or through the Department of Labor (DOL) Quickpay email system, as directed by the Contracting Officer. IPP is a Federal Government owned and operated website accessible to contractors free of charge. Information about IPP, including enrollment instructions, are available and should be obtained by the enrolled contractors directly from the Department of Treasury after award at, https://www.ipp.gov.
Per TFM Vol 1, part 4A, Chapter 200: Section 2055—Electronic Invoicing, Invoice Processing Platform (IPP)
Federal entities should consider using electronic systems and processes to streamline and improve efficiencies in government invoicing. IPP is a secure web-based electronic invoicing and payment information system provided by Fiscal Service. IPP allows federal entities to transform their existing paper-based order-to-pay processes into a streamlined electronic flow.
IPP provides a centralized location to view all transactions in the purchase-to-pay process. It transforms paper-based processes into an electronic process for both federal entities and their suppliers. IPP’s modular design allows federal entities to implement functionality in phases, according to their business needs. Federal entities use IPP to send electronic purchase orders to vendors, to receive electronic invoices from vendors, and for invoice routing and approval workflow. IPP uploads payment remittance information from Treasury and non-Treasury disbursed federal entities, allowing federal entities and their suppliers to view and download payment information.
A. The following instructions apply to Invoices submitted through IPP.Gov or the DOL Quickpay email system:
IPP invoice attachments SHALL NOT exceed the size limit of 10 megabytes (MB) each. However, you may submit multiple attachments of less than 10MB each with the invoices.
(i) DO NOT submit an invoice or attachment that uses shading or color.
a. An emailed Portable Document Format (PDF) image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.
b. An emailed Tagged Image File Format (TIFF) image must be black and white.
(ii) Quickpay users SHALL: provide a copy of the invoice and any attachments via email to the Contracting Officer's Representative (COR) at the address specified in the contract.
(iii) Quickpay users SHALL NOT: submit more than one attachment per invoice and the attachment shall not exceed 10MB. Any additional attachments will not be recognized.
(iv) DO NOT submit more than one invoice at a time.
(v) DO NOT attempt to use the Recall or Resend email message feature.
B. Electronic invoices shall be in PDF or TIFF format.
2. Paper Invoices shall be submitted via fax or U.S. mail.
Paper invoices may be sent via fax to: (202) 693-2862.
Mail paper invoices to:
Department of Labor
Office of Chief Financial Officer (OCFO)/Division of Business Process Improvement (DBPI)
200 Constitution Avenue, N.W. Room S-5526
Washington, DC 20210
3. General Information
Payment due date is to be calculated from the date the invoice is received in accordance with FAR 32.905 and the instructions above.
Inquiries regarding invoices must be emailed to OCFOinvoiceinquiries@dol.gov. The relevant invoice must be attached to the inquiry email and the subject line of the email must state INQUIRY, as shown in the following example:
INQUIRY: Contractor Name, DOL Agency, Contract Number, BPA Call or Order Number, Invoice Number, Invoice Amount
The contractor SHALL NOT use the DOL electronic invoicing email address for inquiries about any invoice.
Questions
All questions regarding Electronic Invoicing shall be sent to the DOL Office of the Chief Financial Officer (OCFO) at OCFOinvoiceinquiries@dol.gov.
DOL 2020-02 Contractor Responsibility to Report Theft of Government Property (FEB 2020)
A. Applicability
Contracting Officers (CO) shall insert this clause in all new solicitations and awards that contain Federal Acquisition Regulation (FAR) clause 52.245-1, Government Property.
B. Definitions
'Government property' and 'Loss of Government property' is defined at FAR 52.245-1, Government Property.
'Theft of Government property' is defined as crime to embezzle, steal, or knowingly convert with intent for one’s own personal gain, or without authority to sell, convey or dispose of any record, voucher, money, or thing of value issued by a department of the United States government.
C. Requirements
Upon the Contractor becoming aware of theft of Government property by its employee(s), including theft that occurs at subcontractor or alternate site locations, the Contractor shall report the theft of Government the property to the Contracting Officer’s Representative or CO of record.
(End of clause)
DOL 2020-01 Contractor Personnel Telework (October 2021)
A. Prescription/Applicability
Contracting Officers shall insert this clause in all solicitations and awards for services, including construction.
B. Definitions
'Telework' means a work arrangement that allows contractor personnel to perform contract work, at an approved alternative worksite (e.g., home, telework center, remote site, etc.)
'United States' means the fifty states, the District of Columbia, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands.
C. Requirements
Contractor Personnel Telework:
1. Telework for contractor personnel may be authorized on an ad-hoc or routine basis, at the discretion of the Government, in accordance with the contract action terms and conditions, coordination between the contracting officer’s representative (COR), the contractor’s company point of contact, and written approval by the COR. All telework for contractor personnel is authorized at the discretion of the Government.
2. When authorized to telework, the following shall apply:
a. Contractor personnel authorized to telework within the United States will be provided the Department of Labor (DOL) equipment for secure, authenticated access. No other equipment is authorized for use when teleworking.
b. Contractor personnel must employ appropriate safeguards and comply with all applicable DOL and Federal policies, specification/requirements, and procedures related to security, network, data, communications, and Personally Identifiable Information.
c. Contractor personnel shall not telework from an alternate worksite outside of the United States without prior written approval from the COR.
d. Contractor personnel shall be responsible for obtaining internet connectivity or/and other utilities related to telework.
e. The Government shall not provide or reimburse the contractor for internet connectivity or/and other utilities related to telework.
3. Contractors Teleworking in Foreign Locations
a. Contractor personnel conducting official U.S. Government business in foreign locations are subject to the Department of State’s (DoS) Chief of Mission (COM) authority.
b. Contractor personnel have no authorization to telework from a foreign location without an approval from the DoS COM.
c. Contractor personnel presence at an overseas post must be pre-approved via a National Security Decision process that includes DoS Country Clearances (eCC).
d. If approved for travel, contractor personnel requesting to telework overseas may be required to successfully complete one of two required DoS training courses (which may have costs associated). If approved to telework overseas for 90 days or less, the contractor may be required to successfully complete the DoS Counter Threat Awareness Training; if approved to telework overseas for 91 or more cumulative days in a calendar year, the contractor applicant may be required to successfully complete the DoS Foreign Affairs Counter Threat (FACT) Training. Visit https://fsitraining.state.gov/ for additional information.
(End of clause)
DOL 2018-02 DOL MANDATORY TRAINING REQUIREMENTS FOR CONTRACTOR EMPLOYEES (AUGUST 2018)
A. Applicability
Contracting Officers shall insert this clause in all solicitations and awards for services, including construction.
B. Definitions
None
C. Requirements
(1) Where required and applicable, contractor employees, including employees of subcontractors at any tier, shall complete any DOL designated and hosted training, that the Contracting Officer's Representative (COR) identifies as mandatory. Training shall be completed in a timeframe specified by the COR.
(2) Time spent on training shall be counted as regular hours worked.
D. Flowdown of requirements to subcontractors
(1) The Contractor shall ensure this clause is incorporated in all subcontracts, at any tier.
(End of Clause)
DOLAR 2952.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) CLAUSE
(a) A Contracting Officer's Representative (COR) will be delegated upon award. A copy of the delegation memorandum will be provided to the COR and a delegation letter sent to the vendor.
(b) The COR is responsible, as applicable, for receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.
(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.
(End Clause)
DOL 2012-02 CONTRACTOR'S OBLIGATION TO NOTIFY THE CONTRACTING OFFICER OF A REQUEST TO
CHANGE THE CONTRACT SCOPE (CONTRACTOR'S OBLIGATION CLAUSE)
'(a) Except for changes identified in writing and signed by the Contracting Officer, the Contractor is required to notify, within five working days of receipt or knowledge, any request for changes to this contract (including actions, inactions, and written or oral communications) that the Contractor regards as exceeding the scope of the contract. On the basis of the most accurate information available to the Contractor, the notice shall state:
(1) The date, nature, and circumstances of the conduct regarded as a change in scope;
(2) The name, function, and activity of each Government individual and Contractor official or employee involved in, or knowledgeable about, such conduct;
(3) The identification of any documents and substance of any oral communication involved in such conduct;
(b) Following submission of this notice, the Contractor shall continue performance in accordance with the contract terms and conditions, unless notified otherwise by the Contracting Officer.
(c) The Contracting Officer shall promptly, within 5 business days after receipt of notice from the Contractor, respond to the notice in writing. In responding, the Contracting Officer shall either:
(1) Confirm that the Contractor’s notice identifies a change in the scope of the contract and directs the Contractor to stop work, completely or in part, in accordance with the Stop Work provisions of the contract;
(2) Deny that the Contractor’s notice identifies a change in scope and instruct the Contractor to continue performance under the contract; or
(3) In the event the Contractor’s notice does not provide sufficient information to make a decision, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.
(End of clause)
DOL 2014-04 LIMITATION OF GOVERNMENT'S OBLIGATION (LoGO) - (JULY 2014)
(a) Contract line item(s) ($ to be determined at the exercise of each option) through ($ to be determined at the exercise of each option) are incrementally funded. For these item(s), the sum of ($ to be determined at the exercise of each option) 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 thirty 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 80 percent of the total amount presently 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 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.' In no event shall the equitable adjustment be more than the contract line item(s) price(s) in question.
(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) and (e) of this clause.
(h) Nothing in this clause affects the right 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 $ ________*
(month) (day), (year) $ ________*
(month) (day), (year) $ ________*
(month) (day), (year) $ ________*
* To be inserted after negotiation.
(End of clause)
ALTERNATE I (JULY 2014).
If only one line item will be incrementally funded, substitute the following paragraph (a) for paragraph (a) of the basic clause:
(a) Contract line item ______ is incrementally funded. The sum of $ * is presently available for payment and allotted to this contract. An allotment schedule is contained in paragraph (j) of this clause.
* To be inserted after negotiation.
DOL 2014-02 EMERGENCY CONTINUATION OF ESSENTIAL SERVICES
CLAUSE
Emergency Continuation of Essential Services
a) Essential Services. The Department of Labor has identified certain services under this agreement (contract, BPA, BOA, task/delivery order or other vehicle, hereinafter 'requirement') as being essential to the Department’s missions and operations. Such essential services must continue to be performed, even if an event occurs (or is threatened to occur) that would disrupt or interfere with operations at, or access to, facilities where services ordinarily take place. Such an event may include, but is not limited to, emergencies that may be natural (e.g., earthquake, flood, hurricane, tornado, public health emergencies including pandemic influenza), man-made (e.g., civil unrest, chemical spill, cyber or terrorist threats or attacks), or technological (e.g., building fire, utility outage), and which may affect one or more facilities or locations, including federal facilities, where the Contractor normally performs services hereunder.
b) Contingency Plans. Unless already included in the requirement, within 30 days of the commencement of performance (or the bi-lateral incorporation of this clause), the Contractor shall submit the following contingency plans to the Contracting Officer (CO) and the Contracting…
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