Solicitation_80GSFC18R0048.pdf
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- Automated Photoresist Tool Federal contract opportunity
- Solicitation number
- 80GSFC18R0048
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Solicitation 80GSFC18R0048
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| Attachment_A_SOW_Automated_Photoresist.docx.pdf | ||
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80GSFC18R0048
i
TABLE OF CONTENTS
Contents
SECTION A - SOLICITATION/CONTRACT FORM
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 1852.216-78 FIRM FIXED PRICE (DEC 1988)
B.2 GSFC 52.211-90 SUPPLIES AND/OR SERVICES TO BE PROVIDED (SEP 2017)
B.3 GSFC 52.232-99 MILESTONE PAYMENT SCHEDULE (FIXED PRICE) (NOV 2013) 2
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 GSFC 52.211-91 SCOPE OF WORK (FEB 2016)
C.2 GSFC 52.227-90 LIMITED RIGHTS DATA OR RESTRICTED COMPUTER
SOFTWARE (MAR 2008)
SECTION D - PACKAGING AND MARKING
D.1 1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION (SEP 2005)
D.2 1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT EQUIPMENT
(JAN 2011)
D.3 CLAUSES INCORPORATED BY REFERENCE -SECTION D
SECTION E - INSPECTION AND ACCEPTANCE
E.1 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)
E.2 52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)
E.3 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
E.4 GSFC 52.246-102 INSPECTION SYSTEM RECORDS (APR 2013)
E.5 CLAUSES INCORPORATED BY REFERENCE -SECTION E
SECTION F - DELIVERIES OR PERFORMANCE
F.1 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)
F.2 52.242-15 STOP-WORK ORDER (AUG 1989)
F.3 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
F.4 52.247-34 F.O.B. DESTINATION (NOV 1991)
F.5 1852.247-72 ADVANCE NOTICE OF SHIPMENT (OCT 1988)
F.6 GSFC 52.247-94 SHIPPING INSTRUCTIONS--CENTRAL RECEIVING (FEB 2016) .. 9
F.7 52.211-8 TIME OF DELIVERY (JUN 1997) ALTERNATE III (APR 1984)
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 1852.227-70 NEW TECHNOLOGY—OTHER THAN A SMALL BUSINESS FIRM OR
NONPROFIT ORGANIZATION (APR 2015)
G.2 1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE AND
PATENT REPRESENTATIVE (APR 2015)
ii
G.3 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (MAR 2018)
(DEVIATION)
G.4 CLAUSES INCORPORATED BY REFERENCE -SECTION G
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002)
H.2 1852.225-70 EXPORT LICENSES (FEB 2000)
H.3 1852.242-72 DENIED ACCESS TO NASA FACILITIES (OCT 2015)
H.5 GSFC 52.227-93 APPLICABILITY OF RIGHTS IN DATA – SPECIAL WORKS
(MAR 2008)
H.6 GSFC 52.227-99 RIGHTS IN DATA (JUN 2012)
H.7 CLAUSES INCORPORATED BY REFERENCE -SECTION H
SECTION I - CONTRACT CLAUSES
I.1 52.202-1 DEFINITIONS (NOV 2013)
I.2 52.203-3 GRATUITIES (APR 1984)
I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
I.4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT
(SEP 2006)
I.5 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)
I.6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR
ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
I.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
(MAY 2014)
I.8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (OCT 2010)
I.9 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)
I.10 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER
CONTENT PAPER (MAY 2011)
I.11 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER
SUBCONTRACT AWARDS (OCT 2016)
I.12 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016) . 17
I.13 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
(JUL 2016)
I.14 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS (DEC 2014)
I.15 (RESERVED)
iii
I.16 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED
FOR DEBARMENT (OCT 2015)
I.17 (RESERVED)
I.18 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS (NOV 2015)
I.19 52.211-5 MATERIAL REQUIREMENTS (AUG 2000)
I.20 52.215-2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010)
I.21 52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT
1997) 18
I.22 52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)
I.23 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)
I.24 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE
SMALL BUSINESS CONCERNS (OCT 2014)
I.25 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND
REMEDIES (JAN 2018)
I.26 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION
(JUL 2013)
I.27 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND
EQUIPMENT EXCEEDING $15,000 (MAY 2014)
I.28 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
I.29 52.222-26 EQUAL OPPORTUNITY (SEP 2016)
I.30 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
I.31 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)
I.32 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)
I.33 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION
(MAY 2011)
I.34 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING
WHILE DRIVING (AUG 2011)
I.35 (RESERVED)
I.36 (RESERVED)
I.37 52.225-1 BUY AMERICAN—SUPPLIES (MAY 2014)
I.38 52.225-8 DUTY-FREE ENTRY (OCT 2010)
I.39 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
I.40 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)
I.41 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (DEC 2007)
iv
I.42 52.227-14 RIGHTS IN DATA-GENERAL (MAY 2014) AS MODIFIED BY 52.227-14
ALT II (DEC 2007) AND ALT III (DEC 2007)
I.46 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
I.47 52.232-11 EXTRAS (APR 1984)
I.48 52.232-17 INTEREST (MAY 2014)
I.49 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
I.50 52.232-25 PROMPT PAYMENT (JAN 2017)
I.51 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR
AWARD MANAGEMENT (JUL 2013)
I.52 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
I.53 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
CONTRACTORS (DEC 2013)
I.54 52.233-1 DISPUTES (MAY 2014)
I.55 52.233-3 PROTEST AFTER AWARD (AUG 1996)
I.56 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004) . 20
I.57 52.243-1 CHANGES - FIXED-PRICE (AUG 1987)
I.58 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2017)
I.59 (RESERVED)
I.60 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-
PRICE) (SHORT FORM) (APR 1984)
I.61 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
I.62 (RESERVED)
I.63 1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER
RIGHTS (AUG 2014)
I.64 1852.215-84 OMBUDSMAN (NOV 2011)
I.65 (RESERVED)
I.66 1852.237-70 EMERGENCY EVACUATION PROCEDURES (DEC 1988)
I.67 1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)
I.68 52.209-3 FIRST ARTICLE APPROVAL--CONTRACTOR TESTING (SEP 1989)
I.69 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
I.70 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
I.71 1852.225-71 RESTRICTION ON FUNDING ACTIVITY WITH CHINA (FEB
2012)(DEVIATION)
I.72 CLAUSES INCORPORATED BY REFERENCE -SECTION I
SECTION J - LIST OF ATTACHMENTS
v
J.1 GSFC 52.211-101 LIST OF ATTACHMENTS. (FEB 2016)
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF
OFFERORS
K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)
K.2 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 2013)
K.3 52.225-18 PLACE OF MANUFACTURE (MAR 2015)
K.4 1852.225-72 RESTRICTION ON FUNDING ACTIVITY WITH CHINA--
REPRESENTATION (DEVIATION) (FEB 2012)
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFEROR
L.1 52.204-7 SYSTEMS FOR AWARD MANAGEMENT (OCT 2016)
L.2 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING
(JULY 2016)
L.3 52.204-22 ALTERNATIVE LINE ITEM PROPOSAL (JAN 2017)
L.4 52.214-34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE
(APR 1991)
L.5 52.214-35 SUBMISSION OF OFFERS IN U.S. CURRENCY (APR 1991)
L.6 52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION. (JAN
2017) 33
L.7 52.216-1 TYPE OF CONTRACT (APR 1984)
L.8 1852.227-84 PATENT RIGHTS CLAUSES (APR 2015)
L.9 1852.233-70 PROTESTS TO NASA (DEC 2015)
L.10 GSFC 52.233-2 GSFC MODIFICATION TO FAR 52.233-2 -- SERVICE OF
PROTEST (SEP 2006)
L.11 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB
1998) 34
L.12 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
L.13 GSFC 52.215-200 COMMUNICATIONS REGARDING THIS SOLICITATION (JAN
2014) 34
L.14 GSFC 52.215-201 PROPOSAL PREPARATION—GENERAL INSTRUCTIONS
(APR 2016)
L.15 GSFC 52.215-203 OFFER VOLUME (MAR 2017)
L.16 GSFC 52.215-205 PROPOSAL MARKING AND DELIVERY (SEPT 2014)
L.17 LIMITED TRADEOFF (LTO) PROPOSAL INSTRUCTIONS
L.18 EXHIBITS AND ENCLOSURES
L.19 PROVISIONS INCORPORATED BY REFERENCE -SECTION L
SECTION M - EVALUATION FACTORS FOR AWARD
vi
M.1 SOURCE SELECTION AND EVALUATION FACTORS AND TRADEOFF PROCESS
M.2 LIMITED TRADEOFF (LTO) PROPOSAL EVALUATION
M.3 GSFC 52.215-327 PRICE EVALUATION FACTOR (NOV 2016)
SECTION A - SOLICITATION/CONTRACT FORM
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 1852.216-78 FIRM FIXED PRICE (DEC 1988)
The total firm fixed price of this contract is $TBP .
(End of clause)
B.2 GSFC 52.211-90 SUPPLIES AND/OR SERVICES TO BE PROVIDED (SEP 2017)
The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to deliver and/or perform the items below in accordance with the Statement of Work (SOW), incorporated as Attachment A.
Item Description Reference Schedule Delivery
Method/Addressee(s)
Services and
Deliverables in accordance with
Attachment A, SOW
As Defined in
Attachment A, SOW
As Defined in
Attachment A, SOW
As Defined in Attachment A, SOW
Equal Opportunity
Reports
Section I
FAR 52.222-26
As Specified by
FAR 52.222-26
Electronic Format/CO &
Code 120
B.3 GSFC 52.232-99 MILESTONE PAYMENT SCHEDULE (FIXED PRICE) (NOV
2013)
(a) Subject to other limitations and conditions specified in this contract, milestone payment shall be made to the Contractor upon delivery and acceptance of the milestone events described under paragraph (b).
(b) The payment schedule amount shall be calculated by the application of the contract percentage established per milestone event to the total fixed price amount indicated under
Section B contract clause NFS 1852.216-78, Firm-Fixed Price.
Event Qty Contract
Value %
Unit
Price
Total
Amount Completion Determination
Schedule 1 25 TBP TBP
Provide a schedule for the build of the tool and acquisition of the parts list
Update 1 25 TBP TBP
Provide an update against the schedule to show how the work is progressing
(c) The Contractor may submit requests for payment not more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the
Contracting Officer, all milestone payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled.
(d) The Contractor shall not be entitled to payment of a request for milestones payment prior to successful accomplishment and acceptance by the Government of the milestone event. The
Contracting Officer shall determine whether the milestone event or performance criterion for which payment is requested has been successfully accomplished and accepted by the
Government 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.
Complete build 1 25 TBP TBP completed the build and assembly of the tool. The technical representative will visit the vendor facility to operate the tool to produce initial baseline samples and accept the tool. If the technical representative is unable to visit the vendor facility, the vendor shall demonstrate tool functionality to the GSFC technical representative prior to shipping the tool to
GSFC. The vendor shall provide photographs of the tool, screen captures of the functioning software, copies of data logs, and other information and details as requested by the GSFC technical representative.
Tool Delivery and install
1 25 TBP TBP
Install the tool at GSFC and train GSFC personnel on the tool.
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
C.1 GSFC 52.211-91 SCOPE OF WORK (FEB 2016)
The Contractor shall provide the personnel, materials, and facilities, except as otherwise specified in this contract, necessary to perform the work and to furnish the items specified in the
Supplies and/or Services To Be Provided clause of this contract in accordance with the Statement of Work, Attachment A.
C.2 GSFC 52.227-90 LIMITED RIGHTS DATA OR RESTRICTED COMPUTER
SOFTWARE (MAR 2008)
In accordance with the delivery requirements of this contract, all software data rights shall be delivered in accordance with the Rights in Data – General clause, specified elsewhere in this contract, except for the following:
NONE
SECTION D - PACKAGING AND MARKING
D.1 1852.211-70 PACKAGING, HANDLING, AND TRANSPORTATION (SEP 2005)
D.2 1852.245-74 IDENTIFICATION AND MARKING OF GOVERNMENT
EQUIPMENT (JAN 2011)
(a) The Contractor shall identify all equipment to be delivered to the Government using NASA
Technical Handbook (NASA-HDBK) 6003, Application of Data Matrix Identification
Symbols to Aerospace Parts Using Direct Part Marking Methods/Techniques, and NASA
Standard (NASA-STD) 6002, Applying Data Matrix Identification Symbols on Aerospace
Parts or through the use of commercial marking techniques that: (1) are sufficiently durable to remain intact through the typical lifespan of the property: and, (2) contain the data and data format required by the standards. This requirement includes deliverable equipment listed in the schedule and other equipment when no longer required for contract performance and
NASA directs physical transfer to NASA or a third party. The Contractor shall identify property in both machine and human readable form unless the use of a machine readable-only format is approved by the NASA Industrial Property Officer.
(b) Equipment shall be marked in a location that will be human readable, without disassembly or movement of the equipment, when the items are placed in service unless such placement would have a deleterious effect on safety or on the item’s operation.
(c) Concurrent with equipment delivery or transfer, the Contractor shall provide the following data in an electronic spreadsheet format:
(1) Item Description.
(2) Unique Identification Number (License Tag).
(3) Unit Price.
(4) An explanation of the data used to make the unique identification number.
(d) For equipment no longer needed for contract performance and physically transferred under paragraph (a) of this clause, the following additional data is required:
(1) Date originally placed in service.
(2) Item condition.
(e) The data required in paragraphs (c) and (d) of this clause shall be delivered to the NASA center receiving activity listed below:
NASA Goddard Space Flight Center, Building 11, Code 553, Greenbelt, MD 20771
Marked for: James A. Chevernak (Contracting Officer’s Representative), Code 553
(f) The contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts that require delivery of equipment.
D.3 CLAUSES INCORPORATED BY REFERENCE -SECTION D
Clause(s) D.1 at the beginning of this Section is incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, Clauses Incorporated by Reference, of this contract
SECTION E - INSPECTION AND ACCEPTANCE
E.1 52.246-2 INSPECTION OF SUPPLIES--FIXED-PRICE (AUG 1996)
E.2 52.246-15 CERTIFICATE OF CONFORMANCE (APR 1984)
E.3 52.246-16 RESPONSIBILITY FOR SUPPLIES (APR 1984)
(a) Title to supplies furnished under this contract shall pass to the Government upon formal acceptance, regardless of when or where the Government takes physical possession, unless the contract specifically provides for earlier passage of title.
(b) Unless the contract specifically provides otherwise, risk of loss of or damage to supplies shall remain with the Contractor until, and shall pass to the Government upon—
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Acceptance by the Government or delivery of the supplies to the Government at the destination specified in the contract, whichever is later, if transportation is f.o.b.
destination.
(c) Paragraph (b) above shall not apply to supplies that so fail to conform to contract requirements as to give a right of rejection. The risk of loss of or damage to such nonconforming supplies remains with the Contractor until cure or acceptance. After cure or acceptance, paragraph (b) above shall apply.
(d) Under paragraph (b) above, the Contractor shall not be liable for loss of or damage to supplies caused by the negligence of officers, agents, or employees of the Government acting within the scope of their employment.
E.4 GSFC 52.246-102 INSPECTION SYSTEM RECORDS (APR 2013)
The Contractor shall maintain records evidencing inspections in accordance with the Inspection clause of this contract for six (6) years after delivery of all items and/or completion of all services called for by the contract.
E.5 CLAUSES INCORPORATED BY REFERENCE -SECTION E
Clause(s) E.1 - E.2 at the beginning of this Section are incorporated by reference, with the same force and effect as if they were given in full text. Clauses incorporated by reference which require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses contained in clause 52.252-2, Clauses Incorporated by Reference, of this contract.
(End of text)
SECTION F - DELIVERIES OR PERFORMANCE
F.1 52.211-17 DELIVERY OF EXCESS QUANTITIES (SEP 1989)
F.2 52.242-15 STOP-WORK ORDER (AUG 1989)
F.3 52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
F.4 52.247-34 F.O.B. DESTINATION (NOV 1991)
F.5 1852.247-72 ADVANCE NOTICE OF SHIPMENT (OCT 1988)
Fifteen (15) work days prior to shipping item(s) the Contractor shall furnish the anticipated shipment date, bill of lading number (if applicable), and carrier identity to James A Chervenak and to the Contracting Officer.
F.6 GSFC 52.247-94 SHIPPING INSTRUCTIONS--CENTRAL RECEIVING (FEB
2016)
Shipments of the items required under this contract shall be to:
Receiving Officer
Goddard Space Flight Center
Building 35, Code 279
Greenbelt, Maryland 20771
Marked for:
Technical Officer: James A Chervenak, Code 553
Building: 11
Room: E009
Contract No.: TBD
Item(s) No.: TBD
Compliance with this clause is necessary to assure verification of delivery and acceptance and prompt payment.
If this is a fixed price type contract, delivery—for purposes of the Prompt Payment Act—must be through the above shipping address unless another location has been authorized by the
Contracting Officer. If delivery is made to other than the Receiving Officer listed above and shipment to that other location has not been authorized by the Contracting Officer, a delivery for the purposes of the Prompt Payment Act has not occurred and no interest penalty under the Act shall result. Shipment to other than Receiving Officer listed above will be construed as contract noncompliance.
F.7 52.211-8 TIME OF DELIVERY (JUN 1997) ALTERNATE III (APR 1984)
(a) The Government requires delivery to be made according to the following schedule:
REQUIRED DELIVERY SCHEDULE
ITEM NO. QUANTITY WITHIN DAYS AFTER DATE OF
CONTRACT
Automated Photoresist
System
1 9 months
The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.
OFFEROR’S PROPOSED DELIVERY SCHEDULE
ITEM NO. QUANTITY WITHIN DAYS AFTER DATE OF CONTRACT
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding
(1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term working day excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 1852.227-70 NEW TECHNOLOGY—OTHER THAN A SMALL BUSINESS FIRM
OR NONPROFIT ORGANIZATION (APR 2015)
G.2 1852.227-72 DESIGNATION OF NEW TECHNOLOGY REPRESENTATIVE
AND PATENT REPRESENTATIVE (APR 2015)
G.3 1852.232-80 SUBMISSION OF VOUCHERS/INVOICES FOR PAYMENT (MAR
2018) (DEVIATION)
(a) The designated payment office is the NASA Shared Services Center (NSSC) located at FMD
Accounts Payable, Bldg. 1111, Jerry Hlass Road, Stennis Space Center, MS 39529.
(b) Except for classified vouchers, the Contractor shall submit all vouchers and invoices using the steps described at NSSC’s Vendor Payment information web site at:
https://www.nssc.nasa.gov/vendorpayment. Please contact the NSSC Customer Contact
Center at 1-877-NSSC123 (1-877-677-2123) with any additional questions or comments.
(c) Payment requests.
(1) The payment periods are stipulated in the payment clause(s) contained in this contract.
(2) Vouchers submitted under cost-type contracts and invoices submitted under fixed-price contracts shall include the items delineated in FAR 32.905(b) supported by relevant back-up documentation. Back-up documentation shall include at a minimum, the following information:
(i) Vouchers.
(A) Breakdown of billed labor costs and associated contractor generated supporting documentation for billed direct labor costs to include rates used and number of hours incurred.
(B) Breakdown of billed other direct costs (ODCs) and associated contractor generated supporting documentation for billed ODCs.
(C) Indirect rate(s) used to calculate the amount of billed indirect expenses.
(D) Progress reports, as required.
(ii) Invoices.
(A) Description of goods and services delivered as part of the contract’s terms and conditions, including the dates of delivery/performance.
(B) Progress reports, as required.
(C) Date goods and services were performed.
(iii) Fee vouchers.
(A) Listing of all provisionally-billed fee by period or date earned since contract award.
(B) A reconciliation of all billed and earned fee.
(C) A clear explanation of the fee calculations.
(d) Non-electronic payment requests. The Contractor may submit a non-electronic voucher/invoice using the steps for non-electronic payment requests described at https://www.nssc.nasa.gov/vendorpayment, when any of the following conditions are met:
(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor.
(2) The contract includes provisions allowing the contractor to submit vouchers or invoices using the steps for non-electronic payment requests. In such instances the Contractor agrees to submit non-electronic payment requests using the method or methods specified in
Section G of the contract.
(e) Improper vouchers/invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in a voucher/invoices within seven calendar days of receipt by the NSSC Payment Office. Inquiries regarding requests for payment should be directed to the NSSC as specified in paragraph (b) of this section.
(f) Other payment clauses. In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.
(g) In the event that amounts are withheld from payment in accordance with provisions of this contract, a separate payment request for the amount withheld will be required before payment for that amount may be made.
G.4 CLAUSES INCORPORATED BY REFERENCE -SECTION G
Clause(s) G.1 - G.2 at the beginning of this Section are incorporated by reference, with the same
(End of Section G)
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002)
H.2 1852.225-70 EXPORT LICENSES (FEB 2000)
H.3 1852.242-72 DENIED ACCESS TO NASA FACILITIES (OCT 2015)
H.4 1852.232-77 LIMITATION OF FUNDS (FIXED-PRICE CONTRACT).
(a) Of the total price of the total price of the basic effort, the sum of $ TO BE DETERMINED is presently available for payment and allotted to this contract. It is anticipated that from time to time additional funds will be allocated to the contract in accordance with the following schedule, until the total price of said item is allotted:
SCHEDULE FOR ALLOTMENT OF FUNDS
Date Amounts
UPON AVAILABILITY OF FUNDS
(b) The Contractor agrees to perform or have performed work on the items specified in paragraph (a) of this clause up to the point at which, if this contract is terminated pursuant to the
Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause would, in the exercise of reasonable judgment by the
Contractor, approximate the total amount at the time allotted to the contract. The Contractor is not obligated to continue performance of the work beyond that point. The Government is not obligated in any event to pay or reimburse the Contractor more than the amount from time to time allotted to the contract, anything to the contrary in the Termination for Convenience of the
Government clause notwithstanding.
(c) (1) It is contemplated that funds presently allotted to this contract will cover the work to be performed until To Be Determined.
(2) If funds allotted are considered by the Contractor to be inadequate to cover the work to be performed until that date, or an agreed date substituted for it, the Contractor shall notify the
Contracting Officer in writing when within the next 60 days the work will reach a point at which, if the contract is terminated pursuant to the Termination for Convenience of the Government clause of this contract, the total amount payable by the Government (including amounts payable for subcontracts and settlement costs) pursuant to paragraphs (f) and (g) of that clause will approximate 75 percent of the total amount then allotted to the contract.
(3) (i) The notice shall state the estimated date when the point referred to in paragraph (c)(2) of this clause will be reached and the estimated amount of additional funds required to continue performance to the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it.
(ii) The Contractor shall, 60 days in advance of the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, advise the Contracting Officer in writing as to the estimated amount of additional funds required for the timely performance of the contract for a further period as may be specified in the contract or otherwise agreed to by the parties.
(4) If, after the notification referred to in paragraph (c)(3)(ii) of this clause, additional funds are not allotted by the date specified in paragraph (c)(1) of this clause, or an agreed date substituted for it, the Contracting Officer shall, upon the Contractor's written request, terminate this contract on that date or on the date set forth in the request, whichever is later, pursuant to the Termination for Convenience of the Government clause.
(d) When additional funds are allotted from time to time for continued performance of the work under this contract, the parties shall agree on the applicable period of contract performance to be covered by these funds. The provisions of paragraphs (b) and (c) of this clause shall apply to these additional allotted funds and the substituted date pertaining to them, and the contract shall be modified accordingly.
(e) If, solely by reason of the Government's failure to allot additional funds in amounts sufficient for the timely performance of this contract, 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 shall be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the items to be delivered, or in the time of delivery, or both.
(f) The Government may at any time before termination, and, with the consent of the Contractor, after notice of termination, allot additional funds for this contract.
(g) The provisions of this clause with respect to termination shall in no way be deemed to limit the rights of the Government under the default clause of this contract. The provisions of this
Limitation of Funds clause are limited to the work on and allotment of funds for the items set forth in paragraph (a). This clause shall become inoperative upon the allotment of funds for the total price of said work except for rights and obligations then existing under this clause.
(h) Nothing in this clause shall affect the right of the Government to terminate this contract pursuant to the Termination for Convenience of the Government clause of this contract.
*Funds are currently committed for this award. Initial funds for this award will be obligated via the issuance of the first modification to this contract. Contract performance shall not begin until such time as these funds are obligated.
H.5 GSFC 52.227-93 APPLICABILITY OF RIGHTS IN DATA – SPECIAL WORKS
(MAR 2008)
The "Rights in Data - Special Works" clause of this contract applies to the following aspects (or items):
Any data negotiated by the parties to be delivered with unlimited rights.
H.6 GSFC 52.227-99 RIGHTS IN DATA (JUN 2012)
The default Data Rights clause under this contract is FAR 52.227-14 RIGHTS IN DATA-
GENERAL—Alternate II and Alternate III as modified by NASA FAR Supplement 1852.227-14 and GSFC 52.227-90. Any exceptions to this clause will be covered by FAR 52.227-17
RIGHTS IN DATA--SPECIAL WORKS as modified by NASA FAR Supplement 1852.227-17, if applicable, and GSFC 52.227-93.
H.7 CLAUSES INCORPORATED BY REFERENCE -SECTION H
Clause(s) H.1 - H.3 at the beginning of this Section are incorporated by reference, with the same require a fill-in by the Government include the text of the affected paragraph(s) only. This does not limit the clause to the affected paragraph(s). The Contractor is responsible for understanding and complying with the entire clause. The full text of the clause is available at the addresses
(End of Section H)
SECTION I - CONTRACT CLAUSES
I.1 52.202-1 DEFINITIONS (NOV 2013)
I.2 52.203-3 GRATUITIES (APR 1984)
I.3 52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
I.4 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
GOVERNMENT (SEP 2006)
I.5 52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)
I.6 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR
ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
I.7 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER
ACTIVITY (MAY 2014)
I.8 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS (OCT 2010)
I.9 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)
I.10 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER
CONTENT PAPER (MAY 2011)
I.11 52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER
SUBCONTRACT AWARDS (OCT 2016)
I.12 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)
I.13 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE (JUL 2016)
I.14 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS (DEC 2014)
I.15 (RESERVED)
I.16 52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR
PROPOSED FOR DEBARMENT (OCT 2015)
I.17 (RESERVED)
I.18 52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS (NOV 2015)
I.19 52.211-5 MATERIAL REQUIREMENTS (AUG 2000)
I.20 52.215-2 AUDIT AND RECORDS—NEGOTIATION (OCT 2010)
I.21 52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT
1997)
I.22 52.215-14 INTEGRITY OF UNIT PRICES (OCT 2010)
I.23 52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)
I.24 52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE
SMALL BUSINESS CONCERNS (OCT 2014)
I.25 52.222-19 CHILD LABOR—COOPERATION WITH AUTHORITIES AND
REMEDIES (JAN 2018)
I.26 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM
REREPRESENTATION (JUL 2013)
I.27 52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, AND
EQUIPMENT EXCEEDING $15,000 (MAY 2014)
I.28 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
I.29 52.222-26 EQUAL OPPORTUNITY (SEP 2016)
I.30 52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
I.31 52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)
I.32 52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)
I.33 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION
(MAY 2011)
I.34 52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT
MESSAGING WHILE DRIVING (AUG 2011)
I.35 (RESERVED)
I.36 (RESERVED)
I.37 52.225-1 BUY AMERICAN—SUPPLIES (MAY 2014)
I.38 52.225-8 DUTY-FREE ENTRY (OCT 2010)
I.39 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
I.40 52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)
I.41 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND
COPYRIGHT INFRINGEMENT (DEC 2007)
I.42 52.227-14 RIGHTS IN DATA-GENERAL (MAY 2014) AS MODIFIED BY
52.227-14 ALT II (DEC 2007) AND ALT III (DEC 2007)
I.43 52.227-17 RIGHTS IN DATA -- SPECIAL WORKS (DEC 2007) AS MODIFIED
BY 1852.227-17 (JUL 1997)
I.44 52.227-23 RIGHTS TO PROPOSAL DATA (TECHINCAL) (JUN 1987)
I.45 52.232-1 PAYMENTS (APR 1984)
I.46 52.232-8 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
I.47 52.232-11 EXTRAS (APR 1984)
I.48 52.232-17 INTEREST (MAY 2014)
I.49 52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
I.50 52.232-25 PROMPT PAYMENT (JAN 2017)
I.51 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR
AWARD MANAGEMENT (JUL 2013)
I.52 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN
I.53 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
CONTRACTORS (DEC 2013)
I.54 52.233-1 DISPUTES (MAY 2014)
I.55 52.233-3 PROTEST AFTER AWARD (AUG 1996)
I.56 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT
2004)
I.57 52.243-1 CHANGES - FIXED-PRICE (AUG 1987)
I.58 52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2017)
I.59 (RESERVED)
I.60 52.249-1 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
(FIXED-PRICE) (SHORT FORM) (APR 1984)
I.61 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
I.62 (RESERVED)
I.63 1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF
WHISTLEBLOWER RIGHTS (AUG 2014)
I.64 1852.215-84 OMBUDSMAN (NOV 2011)
I.65 (RESERVED)
I.66 1852.237-70 EMERGENCY EVACUATION PROCEDURES (DEC 1988)
I.67 1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)
I.68 52.209-3 FIRST ARTICLE APPROVAL--CONTRACTOR TESTING (SEP 1989)
[Contracting Officer shall insert details]
(a) The Contractor shall test unit(s) of Lot/Item as specified in this contract. At least calendar days before the beginning of first article tests, the Contractor shall notify the Contracting
Officer, in writing, of the time and location of the testing so that the Government may witness the tests.
(b) The Contractor shall submit the first article test report within calendar days from the date of this contract to [insert address of the Government activity to receive the report] marked
"FIRST ARTICLE TEST REPORT: Contract No. _______, Lot/Item No. _______ ." Within calendar days after the Government receives the test report, the Contracting Officer shall notify the Contractor, in writing, of the conditional approval, approval, or disapproval of the first article. The notice of conditional approval or approval shall not relieve the Contractor from complying with all requirements of the specifications and all other terms and conditions of this contract. A notice of conditional approval shall state any further action required of the
Contractor. A notice of disapproval shall cite reasons for the disapproval.
(c) If the first article is disapproved, the Contractor, upon Government request, shall repeat any or all first article tests. After each request for additional tests, the Contractor shall make any necessary changes, modifications, or repairs to the first article or select another first article for testing. All costs related to these tests are to be borne by the Contractor, including any and all costs for additional tests following a disapproval. The Contractor shall then conduct the tests and deliver another report to the Government under the terms and conditions and within the time specified by the Government. The Government shall take action on this report within the time specified in paragraph (b) of this subsection. The Government reserves the right to require an equitable adjustment of the contract price for any extension of the delivery schedule, or for any additional costs to the Government related to these tests.
(d) If the Contractor fails to deliver any first article report on time, or the Contracting Officer disapproves any first article, the Contractor shall be deemed to have failed to make delivery within the meaning of the Default clause of this contract.
(e) Unless otherwise provided in the contract, and if the approved first article is not consumed or destroyed in testing, the Contractor may deliver the approved first article as part of the contract quantity if it meets all contract requirements for acceptance.
(f) If the Government does not act within the time specified in paragraph (b) or (c) above, the
Contracting Officer shall, upon timely written request from the Contractor, equitably adjust under the Changes clause of this contract the delivery or performance dates and/or the contract price, and any other contractual term affected by the delay.
(g) Before first article approval, the acquisition of materials or components for, or the commencement of production of, the balance of the contract quantity is at the sole risk of the
Contractor. Before first article approval, the costs thereof shall not be allocable to this contract for (1) progress payments, or (2) termination settlements if the contract is terminated for the convenience of the Government.
(h) The Government may waive the requirement for first article approval test where supplies identical or similar to those called for in the schedule have been previously furnished by the offeror/contractor and have been accepted by the Government. The offeror/contractor may request a waiver.
I.69 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.ecfr.gov
I.70 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR
Chapter 1) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the date of the clause.
(b) The use in this solicitation or contract of any NASA FAR Supplement (48 CFR 18) clause with an authorized deviation is indicated by the addition of (DEVIATION) after the name of the regulation.
I.71 1852.225-71 RESTRICTION ON FUNDING ACTIVITY WITH CHINA (FEB
2012)(DEVIATION)
(a) Definition - “China” or “Chinese-owned company” means the People’s Republic of China, any company owned by the People’s Republic of China or any company incorporated under the laws of the People’s Republic of China.
(b) Public Laws 112-10, Section 1340(a) and 112-55, Section 539, restrict NASA from contracting to participate, collaborate, coordinate bilaterally in any way with China or a
Chinese-owned company using funds appropriated on or after April 25, 2011. Contracts for commercial and non developmental items are exempted from the prohibition because they constitute purchase of goods or services that would not involve participation, collaboration, or coordination between the parties.
(c) This contract may use restricted funding that was appropriated on or after April 25, 2011.
The contractor shall not contract with China or Chinese-owned companies for any effort related to this contract except for acquisition of commercial and non-developmental items. If the contractor anticipates making an award to China or Chinese-owned companies, the contractor must contact the contracting officer to determine if funding on this contract can be used for that purpose.
(d) Subcontracts - The contractor shall include the substance of this clause in all subcontracts made hereunder.
I.72 CLAUSES INCORPORATED BY REFERENCE -SECTION I
Clause(s) I.1 – I.67 at the beginning of this Section are incorporated by reference, with the same
SECTION J - LIST OF ATTACHMENTS
J.1 GSFC 52.211-101 LIST OF ATTACHMENTS. (FEB 2016)
The following documents are attached hereto and made a part of this contract:
Attachment Description Date
No. of
Pages
(including the cover page)
A Statement of Work 07/07/2017 10
TBS = To Be Submitted
TBP = To Be Proposed
*TBS within 30 days of the contract effective date
**TBS with proposal
***TBS within 30 days of contract award
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER
STATEMENTS OF OFFERORS
K.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 238990.
(2) The small business size standard is $15m average annual receipts.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 15m average annual receipts.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
___ (i) Paragraph (d) applies.
___ (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless-
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to
Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require
Certain Internal Confidentiality Agreements or Statements-Representation.
This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include provision at 52.204-7, System for Award
Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that-
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic
Corporations-Representation.
(vii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent
Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic &
Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting
Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws
(Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through
April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.
Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative
Procurement of Biobased Products Under Service and Construction
Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and
Reduction Goals-Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act
Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than
$50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than
$77,533, the provision with its Alternate II applies.
(D) If the acquisition value is $77,533 or more but is less than
$100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business
Operations in Sudan-Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in
Certain Activities or Transactions Relating to Iran-Representation and
Certifications. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority
Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[X] (i) 52.204-17, Ownership or Control of Offeror.
[X] (ii) 52.204-20, Predecessor of Offeror.
[] (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for
Listed End Products.
[] (iv) 52.222-48, Exemption from Application of the Service Contract
Labor Standards to Contracts for Maintenance, Calibration, or Repair of
Certain Equipment-Certification.
[] (v)…
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