Attachment 4 _70Z02324Q46000001_082224.pdf
PDF 3 MB Posted
- Attached to
- Automated Fuel Inventory Management - AFIM
- Solicitation number
- 70Z02324Q46000001
About this file
This document is a Request for Quote (RFQ) for the United States Coast Guard (USCG) to consider a Single Award, Indefinite-Delivery Vehicle (IDV) contract for Professional Services - Business Administrative Services to provide sustainment, maintenance, and support for previously installed Automated Fuel Inventory Management (AFIM) equipment at 15 USCG Air Stations and Air Facilities.
The contract has a period of performance of 9/26/2024 - 9/25/2029 and is a 100% small business set-aside. The RFQ covers preventative maintenance, corrective on-site and virtual maintenance support, other direct costs for replacement parts and travel, and contract administration/program support. Pricing is requested on a firm-fixed-price basis across the base year and four option years. The USCG is seeking a best value procurement in accordance with FAR 8.404.
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Other files
| File | Type | Posted |
|---|---|---|
| Attachment 3_Instructions and Evaluation Factors_082224.pdf | ||
| Attachment 2_Pricing.xlsx | XLSX spreadsheet | |
| Attachment 1_PWS.pdf | ||
| RFQ Cover Letter_082224.pdf |
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6. DELIVER BY (Date)
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
BEFORE CLOSE OF BUSINESS (Date)
IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please
2:00PM EST
This is a Request For Quote for the United States Coast Guard (USCG) to considering a Single Award, Indefinite -Delivery Vehicle (IDV), Professional Services – Business Administrative Services, Category 213112, Support Activities for Oil and Gas Operations Support Services. This is a best value procurement being conducted in accordance with the Federal Acquisition Regulations (FAR) 8.404 and is set aside 100% for small business.
POP will be 9/26/2024 - 9/25/2029
Continued
70Z02324Q46000001
Incorporated Purchase Requisition Numbers:
70098PR240017367
Item Number Base Item Number
Supplies/Services Quantity Unit
0001 CLIN 1 Preventative Maintenance
- The Contractor shall plan to perform preventive maintenance (PM) in accordance with (IAW) performance work statement
(PWS) Specific Tasks Section 2.1.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions 70098PR240017367
IDC Type: Not Applicable FSC Codes: R408 SUPPORT- PROFESSIONAL: PROGRAM MANAGEMENT/SUPPORT NAICS Code: 541611 Administrative Management and General Management Co...
Item Number Base Item Number
Supplies/Services Quantity Unit
0002 CLIN 2 Corrective Maintenance On-site Support - The Contractor shall plan to perform corrective maintenance (CM) in accordance with (IAW) performance work statement (PWS) Specific Tasks
Section 2.2. On-site
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions 70098PR240017367
IDC Type: Not Applicable FSC Codes: Z1NA MAINTENANCE OF FUEL SUPPLY FACILITIES NAICS Code: 213112 Support Activities for Oil and Gas Operations
Item Number Base Item Number
Supplies/Services Quantity Unit
0003 CLIN 3 Corrective Maintenance Virtual Support - The Contractor shall plan to perform corrective maintenance (CM) in accordance with (IAW) performance work statement (PWS) Specific Tasks Section 2.3.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions 70098PR240017367
IDC Type: Not Applicable FSC Codes: R408 SUPPORT- PROFESSIONAL: PROGRAM MANAGEMENT/SUPPORT NAICS Code: 541611 Administrative Management and General Management Co...
Item Number Base Item Number
Supplies/Services Quantity Unit
0004 CLIN 4 Other Direct Costs ODC, Travel and Replacement Parts -
The Contractor shall plan to perform replacement parts, travel and other direct costs (ODC) in accordance with (IAW) performance work statement
(PWS) Specific Tasks Section 2.4.
Contract Type:Firm Fixed Price
Unit Price Extended Price
Description:
Purchase Requisitions 70098PR240017367
IDC Type: Not Applicable
Item Number Base Item Number
Supplies/Services Quantity Unit
0005 CLIN 5 Contract Administration, Program Support - The Contractor shall plan to perform contract administration and program support in accordance with (IAW) performance work statement
(PWS) Specific Tasks Section 3.0.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions 70098PR240017367
IDC Type: Not Applicable
Item Number Base Item Number
Supplies/Services Quantity Unit
1001 CLIN 1 Preventative Maintenance
- The Contractor shall plan to perform preventive maintenance (PM) in accordance with (IAW) performance work statement
(PWS) Specific Tasks Section 2.1.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/25 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable FSC Codes: R408 SUPPORT- PROFESSIONAL: PROGRAM MANAGEMENT/SUPPORT NAICS Code: 541611 Administrative Management and General Management Co...
Item Number Base Item Number
Supplies/Services Quantity Unit
1002 CLIN 2 Corrective Maintenance On-site Support - The Contractor shall plan to perform corrective maintenance (CM) in accordance with (IAW) performance work statement (PWS) Specific Tasks
Section 2.2. On-site
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/25 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable FSC Codes: Z1NA MAINTENANCE OF FUEL SUPPLY FACILITIES NAICS Code: 213112 Support Activities for Oil and Gas Operations
Item Number Base Item Number
Supplies/Services Quantity Unit
1003 CLIN 3 Corrective Maintenance Virtual Support - The Contractor shall plan to perform corrective maintenance (CM) in accordance with (IAW) performance work statement (PWS) Specific Tasks Section 2.3.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/25 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable FSC Codes: R408 SUPPORT- PROFESSIONAL: PROGRAM MANAGEMENT/SUPPORT NAICS Code: 541611 Administrative Management and General Management Co...
Item Number Base Item Number
Supplies/Services Quantity Unit
1004 CLIN 4 Other Direct Costs ODC, Travel and Replacement Parts -
The Contractor shall plan to perform replacement parts, travel and other direct costs (ODC) in accordance with (IAW) performance work statement
(PWS) Specific Tasks Section 2.4.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/25 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable
Item Number Base Item Number
Supplies/Services Quantity Unit
1005 CLIN 5 Contract Administration, Program Support - The Contractor shall plan to perform contract administration and program support in accordance with (IAW) performance work statement
(PWS) Specific Tasks Section 3.0.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/25 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable
Item Number Base Item Number
Supplies/Services Quantity Unit
2001 CLIN 1 Preventative Maintenance
- The Contractor shall plan to perform preventive maintenance (PM) in accordance with (IAW) performance work statement
(PWS) Specific Tasks Section 2.1.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/26 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable FSC Codes: R408 SUPPORT- PROFESSIONAL: PROGRAM MANAGEMENT/SUPPORT NAICS Code: 541611 Administrative Management and General Management Co...
Item Number Base Item Number
Supplies/Services Quantity Unit
2002 CLIN 2 Corrective Maintenance On-site Support - The Contractor shall plan to perform corrective maintenance (CM) in accordance with (IAW) performance work statement (PWS) Specific Tasks
Section 2.2. On-site
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/26 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable FSC Codes: Z1NA MAINTENANCE OF FUEL SUPPLY FACILITIES NAICS Code: 213112 Support Activities for Oil and Gas Operations
Item Number Base Item Number
Supplies/Services Quantity Unit
2003 CLIN 3 Corrective Maintenance Virtual Support - The Contractor shall plan to perform corrective maintenance (CM) in accordance with (IAW) performance work statement (PWS) Specific Tasks Section 2.3.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/26 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable FSC Codes: R408 SUPPORT- PROFESSIONAL: PROGRAM MANAGEMENT/SUPPORT NAICS Code: 541611 Administrative Management and General Management Co...
Item Number Base Item Number
Supplies/Services Quantity Unit
2004 CLIN 4 Other Direct Costs ODC, Travel and Replacement Parts -
The Contractor shall plan to perform replacement parts, travel and other direct costs (ODC) in accordance with (IAW) performance work statement
(PWS) Specific Tasks Section 2.4.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/26 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable
Item Number Base Item Number
Supplies/Services Quantity Unit
2005 CLIN 5 Contract Administration, Program Support - The Contractor shall plan to perform contract administration and program support in accordance with (IAW) performance work statement
(PWS) Specific Tasks Section 3.0.
Contract Type:Firm Fixed Price
Unit Price Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/26
Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable
Item Number Base Item Number
Supplies/Services Quantity Unit
3001 CLIN 1 Preventative Maintenance
- The Contractor shall plan to perform preventive maintenance (PM) in accordance with (IAW) performance work statement
(PWS) Specific Tasks Section 2.1.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/27 Option Time Duration: 365 Option Time Units: Days IDC Type: Not Applicable FSC Codes: R408 SUPPORT- PROFESSIONAL: PROGRAM MANAGEMENT/SUPPORT NAICS Code: 541611 Administrative Management and General Management Co...
Item Number Base Item Number
Supplies/Services Quantity Unit
3002 CLIN 2 Corrective Maintenance On-site Support - The Contractor shall plan to perform corrective maintenance (CM) in accordance with (IAW) performance work statement (PWS) Specific Tasks
Section 2.2. On-site
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/27 Option Time Duration: 365 Option Time Units: Days IDC Type: Not Applicable FSC Codes: Z1NA MAINTENANCE OF FUEL SUPPLY FACILITIES
NAICS Code: 213112 Support Activities for Oil and Gas Operations
Item Number Base Item Number
Supplies/Services Quantity Unit
3003 CLIN 3 Corrective Maintenance Virtual Support - The Contractor shall plan to perform corrective maintenance (CM) in accordance with (IAW) performance work statement (PWS) Specific Tasks Section 2.3.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/27 Option Time Duration: 365 Option Time Units: Days IDC Type: Not Applicable FSC Codes: R408 SUPPORT- PROFESSIONAL: PROGRAM MANAGEMENT/SUPPORT NAICS Code: 541611 Administrative Management and General Management Co...
Item Number Base Item Number
Supplies/Services Quantity Unit
3004 CLIN 4 Other Direct Costs ODC, Travel and Replacement Parts -
The Contractor shall plan to perform replacement parts, travel and other direct costs (ODC) in accordance with (IAW) performance work statement
(PWS) Specific Tasks Section 2.4.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/27 Option Time Duration: 365 Option Time Units: Days IDC Type: Not Applicable
Item Number Base Item Number
Supplies/Services Quantity Unit
3005 CLIN 5 Contract Administration, Program Support - The Contractor shall plan to perform contract administration and program support in accordance with (IAW) performance work statement
(PWS) Specific Tasks Section 3.0.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/27 Option Time Duration: 365 Option Time Units: Days IDC Type: Not Applicable
Item Number Base Item Number
Supplies/Services Quantity Unit
4001 CLIN 1 Preventative Maintenance
- The Contractor shall plan to perform preventive maintenance (PM) in accordance with (IAW) performance work statement
(PWS) Specific Tasks Section 2.1.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/29 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable FSC Codes: R408 SUPPORT- PROFESSIONAL: PROGRAM MANAGEMENT/SUPPORT NAICS Code: 541611 Administrative Management and General Management Co...
Item Number Base Item Number
Supplies/Services Quantity Unit
4002 CLIN 2 Corrective Maintenance On-site Support - The Contractor shall plan to perform corrective maintenance (CM) in accordance with (IAW) performance work statement (PWS) Specific Tasks
Section 2.2. On-site
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/28 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable FSC Codes: Z1NA MAINTENANCE OF FUEL SUPPLY FACILITIES NAICS Code: 213112 Support Activities for Oil and Gas Operations
Item Number Base Item Number
Supplies/Services Quantity Unit
4003 CLIN 3 Corrective Maintenance Virtual Support - The Contractor shall plan to perform corrective maintenance (CM) in accordance with (IAW) performance work statement (PWS) Specific Tasks Section 2.3.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/28 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable FSC Codes: R408 SUPPORT- PROFESSIONAL: PROGRAM MANAGEMENT/SUPPORT NAICS Code: 541611 Administrative Management and General Management Co...
Item Number Base Item Number
Supplies/Services Quantity Unit
4004 CLIN 4 Other Direct Costs ODC, Travel and Replacement Parts -
The Contractor shall plan to perform replacement parts, travel and other direct costs (ODC) in accordance with (IAW) performance work statement
(PWS) Specific Tasks Section 2.4.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/28 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable
Item Number Base Item Number
Supplies/Services Quantity Unit
4005 CLIN 5 Contract Administration, Program Support - The Contractor shall plan to perform contract administration and program support in accordance with (IAW) performance work statement
(PWS) Specific Tasks Section 3.0.
DO
Contract Type:Firm Fixed Price Unit Price
Extended Price
Description:
Purchase Requisitions
Option:
Option Time Date: 9/26/28 Option Time Duration: 364 Option Time Units: Days IDC Type: Not Applicable
Clauses incorporated by reference
None
Clauses incorporated by full text
None
Clauses incorporated by reference
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Clauses incorporated by full text
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None
Clauses incorporated by reference
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Clauses incorporated by full text
None
None
Clauses incorporated by reference
Article Number Reference Text
52.246-4 52.246-4 INSPECTION OF SERVICES-FIXED-PRICE (AUG 1996)
Clauses incorporated by full text
None
Clauses incorporated by reference
None
Clauses incorporated by full text
None
Requesting Office Address
70098 COMMANDANT (CG-83)
HEADQUARTERS USCG
2703 MARTIN LUTHER KING JR AVE SE
MS 7202
WASHINGTON DC 20593
Phone: Fax:
Contact Details:
Issuing Office Address
70Z023 CG-9124
2703 Martin Luther King Ave, SE Washington DC 20593 Phone: Fax:
Contact Details:
HALL, Ms. TRINITA D Trinita.Hall@uscg.mil
Clauses incorporated by reference
None
Clauses incorporated by full text
None
Clauses incorporated by reference
None
Clauses incorporated by full text
Clauses incorporated by reference
Article Number Reference Text
52.202-1 52.202-1 DEFINITIONS (JUN 2020)
52.203-5 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
52.203-6 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUN
2020)
52.203-7 52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)
52.203-19 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS (JAN 2017)
52.204-12 52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE (OCT 2016)
52.204-13 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-15 52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-
DELIVERY CONTRACTS (OCT 2016)
52.204-18 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.204-19 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS (DEC 2014)
52.204-23 52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND
SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED
ENTITIES(NOV 2021)
52.209-6 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING
WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
(NOV 2021)
52.209-9 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING
RESPONSIBILITY MATTERS (OCT 2018)
52.209-10 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS (NOV 2015)
52.209-14 52.209-14 RESERVE OFFICER TRAINING CORPS AND MILITARY RECRUITING ON
CAMPUS (NOV 2021)
52.210-1 52.210-1 MARKET RESEARCH (NOV 2021)
52.219-3 52.219-3 NOTICE OF HUBZONE SET-ASIDE OR SOLE-SOURCE AWARD (OCT 2022)
52.219-4 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL
BUSINESS CONCERNS (OCT 2022)
52.219-6 52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2020)
52.219-9 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (SEP 2023)
52.219-16 52.219-16 LIQUIDATED DAMAGES-SUBCONTRACTING PLAN (SEP 2021)
52.219-28 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REPRESENTATION (FEB 2024)
52.219-30 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)
52.222-4 52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS-OVERTIME
COMPENSATION (MAY 2018)
52.222-26 52.222-26 EQUAL OPPORTUNITY (SEP 2016)
52.222-40 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR
RELATIONS ACT (DEC 2010)
52.222-50 52.222-50 COMBATING TRAFFICKING IN PERSONS (NOV 2021)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (MAY 2022)
52.223-10 52.223-10 WASTE REDUCTION PROGRAM (MAY 2024)
52.223-11 52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING
POTENTIAL HYDROFLUOROCARBONS (MAY 2024)
52.223-12 52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION
EQUIPMENT AND AIR CONDITIONERS (MAY 2024)
52.223-20 52.223-20 AEROSOLS (MAY 2024)
52.223-21 52.223-21 FOAMS (MAY 2024)
52.223-23 52.223-23 SUSTAINABLE PRODUCTS AND SERVICES (MAY 2024)
52.224-2 52.224-2 PRIVACY ACT (APR 1984)
52.225-1 52.225-1 Buy American-Supplies (OCT 2022)
52.232-1 52.232-1 PAYMENTS (APR 1984)
52.232-3 52.232-3 PAYMENTS UNDER PERSONAL SERVICES CONTRACTS (APR 1984)
52.232-8 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
52.232-9 52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS (APR 1984)
52.232-11 52.232-11 EXTRAS (APR 1984)
52.232-16 52.232-16 PROGRESS PAYMENTS (NOV 2021)
52.232-23 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
52.232-30 52.232-30 INSTALLMENT PAYMENTS FOR COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES (NOV 2021)
52.232-33 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER-SYSTEM FOR AWARD
MANAGEMENT (OCT 2018)
52.232-37 52.232-37 MULTIPLE PAYMENT ARRANGEMENTS (MAY 1999)
52.232-39 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
52.232-40 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (MAR 2023)
52.233-1 52.233-1 DISPUTES (MAY 2014)
52.233-3 52.233-3 PROTEST AFTER AWARD (AUG 1996)
52.233-4 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.239-1 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)
52.245-9 52.245-9 USE AND CHARGES (APR 2012)
52.246-25 52.246-25 LIMITATION OF LIABILITY--SERVICES (FEB 1997)
52.249-1 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
(SHORT FORM) (APR 1984)
52.249-2 52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE)
(APR 2012)
52.251-1 52.251-1 GOVERNMENT SUPPLY SOURCES (APR 2012)
Clauses incorporated by full text
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (NOV 2023)
(a) This contract and employees working on this contract will be subject to the whistleblower rights and remedies established at 41 U.S.C. 4712 and Federal Acquisition Regulation (FAR) 3.900 through 3.905.
(b) The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in FAR 3.900 through 3.905.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts.
(End of clause)
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (NOV
2021)
(a) Definitions. As used in this clause
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 websites) 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.
(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.
(End of clause)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (NOV 2021)
(a) Definitions As used in this clause
Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network ( , connecting cell phones/towers to the core telephone network). Backhaul can be wireless (e.g., microwave) or wired ( , fiber optic, coaxial cable, Ethernet).
Covered foreign country means The People's Republic of China.
Covered telecommunications equipment or services means
(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);
(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);
(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or
(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
Critical technology means
(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;
(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-
(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or
(ii) For reasons relating to regional stability or surreptitious listening;
(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);
(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);
(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or
(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).
Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered ( , connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.
Roaming means cellular communications services ( , voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.
Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.
(b) .
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-
232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.
(c) This clause does not prohibit contractors from providing
(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements ; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(d) Reporting requirement.
(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.
(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause
(i) Within one business day from the date of such identification or notification: the contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
(e) The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial products or commercial services.
(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 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 60 months
(End of clause)
52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012)
(a) . Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract's description of the basis for payment.
(b) . The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor's request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.
(c) Approval and payment of requests.
(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.
(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the _________ day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification.
The payment period will not begin until the Contracting Officer approves the request.
(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.
(d) Liquidation of performance-based payments.
(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage.
(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments.
(e) . The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:
(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).
(2) Performance of this contract is endangered by the Contractor's-
(i) Failure to make progress; or
(ii) Unsatisfactory financial condition.
(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.
(f) Title.
(1) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date.
Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.
(2) "Property," as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:
(i) Parts, materials, inventories, and work in process;
(ii) Special tooling and special test equipment to which the Government is to acquire title;
(iii) Nondurable ( noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under paragraph (f)(2)(ii) of this clause; and
(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of this contract.
(3) Although title to property is in the Government under this clause, other applicable clauses of this contract ( the termination clauses) shall determine the handling and disposition of the property.
(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer's approval, provided that any significant reduction in the value of the property to which the Government has title under this clause is reported in writing to the Contracting Officer.
(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor shall obtain the Contracting Officer's advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.
(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not-
(i) Delivered to, and accepted by, the Government under this contract; or
(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.
(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.
(g) . Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which vests in the Government under this clause, except to the extent the Government expressly assumes the risk.
If any property is lost (see 45.101), the basis of payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.
(h) . The Contractor shall maintain records and controls adequate for administration of this clause. The Contractor shall have no entitlement to performance-based payments during any time the Contractor's records or controls are determined by the Contracting Officer to be inadequate for administration of this clause.
(i) . The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent information requested by the Contracting Officer for the administration of this clause and to determine that an event or other criterion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's records and to examine and verify the Contractor's performance of this contract for administration of this clause.
(j) . If this contract is terminated under the Default clause, (1) the Contractor shall, on demand, repay to the Government the amount of unliquidated performance-based payments, and (2) title shall vest in the Contractor, on full liquidation of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract. The Government shall be liable for no payment except as provided by the Default clause.
(k) Reservation of rights.
(1) No payment or vesting of title under this clause shall-
(i) Excuse the Contractor from performance of obligations under this contract; or
(ii) Constitute a waiver of any of the rights or remedies of the parties under the contract.
(2) The Government's rights and remedies under this clause-
(i) Shall not be exclusive, but rather shall be in addition to any other rights and remedies provided by law or this contract; and
(ii) Shall not be affected by delayed, partial, or omitted exercise of any right, remedy, power, or privilege, nor shall such exercise or any single exercise preclude or impair any further exercise under this clause or the exercise of any other right, power, or privilege of the Government.
(l) . The Contractor's request for performance-based payment shall contain the following:
(1) The name and address of the Contractor;
(2) The date of the request for performance-based payment;
(3) The contract number and/or other identifier of the contract or order under which the request is made;
(4) Such information and documentation as is required by the contract's description of the basis for payment; and
(5) A certification by a Contractor official authorized to bind the Contractor, as specified in paragraph (m) of this clause.
(m) . As required in paragraph (l)(5) of this clause, the Contractor shall make the following certification in each request for performance-based payment:
I certify to the best of my knowledge and belief that-
(1) This request for performance-based payment is true and correct; this request (and attachments) has been prepared from the books and records of the Contractor, in accordance with the contract and the instructions of the Contracting Officer;
(2) (Except as reported in writing on __________), all payments to subcontractors and suppliers under this contract have been paid, or will be paid, currently, when due in the ordinary course of business;
(3) There are no encumbrances (except as reported in writing on _________) against the property acquired or produced for, and allocated or properly chargeable to, the contract which would affect or impair the Government's title;
(4) There has been no materially adverse change in the financial condition of the Contractor since the submission by the Contractor to the Government of the most recent written information dated _____________; and
(5) After the making of this requested performance-based payment, the amount of all payments for each deliverable item for which performance-based payments have been requested will not exceed any limitation in the contract, and the amount of all payments under the contract will not exceed any limitation in the contract.
(End of clause)
52.246-19 WARRANTY OF SYSTEMS AND EQUIPMENT UNDER PERFORMANCE SPECIFICATIONS
OR DESIGN CRITERIA (MAY 2001)
(a) Definitions. As used in this clause-
"Acceptance" means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.
"Defect" means any condition or characteristic in any supplies or services furnished by the Contractor under the contract that is not in compliance with the requirements of the contract.
"Supplies" means the end items furnished by the Contractor and related services required under this contract. Except when this contract includes the clause entitled Warranty of Data, supplies also mean "data."
(b) Contractor's obligations.
(1) The Contractor's warranties under this clause shall apply only to those defects discovered by either the Government or the
Contractor _________.
(2) If the Contractor becomes aware at any time before acceptance by the Government (whether before or after tender to the Government) that a defect exists in any supplies or services, the Contractor shall-
(i) Promptly correct the defect; or
(ii) Promptly notify the Contracting Officer, in writing, of the defect, using the same procedures prescribed in paragraph (b)(3) of this clause.
(3) If the Contracting Officer determines that a defect exists in any of the supplies or services accepted by the Government under this contract, the Contracting Officer shall promptly notify the Contractor of the defect, in writing, within _________.
Upon timely notification of the existence of a defect, or if the Contractor independently discovers a defect in accepted supplies or services, the Contractor shall submit to the Contracting Officer, in writing, within _________ a recommendation for corrective actions, together with supporting information in sufficient detail for the Contracting Officer to determine what corrective action, if any, shall be undertaken.
(4) The Contractor shall promptly comply with any timely written direction from the Contracting Officer to correct or partially correct a defect, at no increase in the contract price.
(5) The Contractor shall also prepare and furnish to the Contracting Officer data and reports applicable to any correction required under this clause (including revision and updating of all other affected data called for under this contract) at no increase in the contract price.
(6) In the event of timely notice of a decision not to correct or only to partially correct, the Contractor shall submit a technical and cost proposal within _________ to amend the contract to permit acceptance of the affected supplies or services in accordance with the revised requirement, and an equitable reduction in the contract price shall promptly be negotiated by the parties and be reflected in a supplemental agreement to this contract.
(7) Any supplies or parts thereof corrected or furnished in replacement and any services reperformed shall also be subject to the conditions of this clause to the same extent as supplies or services initially accepted. The warranty, with respect to these supplies, parts, or services, shall be equal in duration to that set forth in paragraph (b)(1) of this clause, and shall run from the date of delivery of the corrected or replaced supplies.
(8) The Contractor shall not be responsible under this clause for the correction of defects in Government-furnished property, except for defects in installation, unless the Contractor performs, or is obligated to perform, any modifications or other work on such property. In that event, the Contractor shall be responsible for correction of defects that result from the modifications or other work.
(9) If the Government returns supplies to the Contractor for correction or replacement under this clause, the Contractor shall be liable for transportation charges up to an amount equal to the cost of transportation by the usual commercial method of shipment from the place of delivery specified in this contract (irrespective of the f.o.b. point or the point of acceptance) to the Contractor's plant and return to the place of delivery specified in this contract. The Contractor shall also bear the responsibility for the supplies while in transit.
(10) All implied warranties of merchantability and "fitness for a particular purpose" are excluded from any obligation under this contract.
(c) Remedies available to the Government.
(1) The rights and remedies of the Government provided in this clause-
(i) Shall not be affected in any way by any terms or conditions of this contract concerning the…
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