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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
STANDARD FORM 1449 (REV. 2/2012) BACK
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
40. PAID BY
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER
36. PAYMENT
COMPLETE PARTIAL FINAL
80KSC018R0020 NASA/KSC Refuse Collection and Disposal Services
Table of Contents
SECTION B. CONTINUATION OF SF1449
B.1 Schedule of Supplies and/or Services to be Provided B.2 1852.216-78 Firm-Fixed Price. (DEC 1988) B.3 Place of Performance B.4 Period of Performance
SECTION C – CONTRACT CLAUSES
52.252-2 Clauses Incorporated by Reference. (FEB 1998)
C.1 ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL
ITEMS (JAN 2017)
C.1.1 Contract Clauses Applicable to IDIQ CLINS 0002, 1002, 2002, 3002, 4002 C.1.1.1 Ordering C.1.1.2 Work Authorization Procedures C.1.2 52.204-9 Personal Identity Verification of Contractor Personnel. (Jan 2011) C.1.3 52.212-4 (g) Invoice (NASA Addendum) C.1.3.1 Submission of Invoices for Payment 52.216-18 Ordering. (OCT 1995) C.1.4 52.217-8 Option to Extend Services. (NOV 1999) C.1.5 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) C.1.6 52.228-5 Insurance – Work on a Government Installation. (JAN 1997) C.1.7 52.232-18 Availability of Funds. (APR 1984) C.1.8 1852.215-84 Ombudsman. (NOV 2011) C.1.9 1852.223-70 Safety and Health Measures and Mishap Reporting. (DEC 2015) C.1.10 1852.223-72 Safety and Health (Short Form). (JUL 2015) C.1.11 1852.223-75 Major Breach of Safety or Security. (FEB 2002) Alternate 1 (FEB 2006) C.1.12 1852.225-70 Export Licenses. (FEB 2000) C.1.13 1852.228-75 Minimum Insurance Coverage. (OCT 1988) C.1.14 1852.232-77 -Limitation of Funds (Fixed-Price Contract) (MAR 1989) C.1.15 1852.237-73 Release of Sensitive Information. (JUN 2005) C.1.16 1852.242-72 Denied Access to NASA Facilities. (OCT 2015) C.1.17 1852.245-71 Installation-Accountable Government Property. (JAN 2011) C.1.18 KSC 52.223-121 Reporting of Incidents Involving Workplace Violence (JUL 2008) C.1.19 KSC 52.242-90 Controls Applicable to Contractor’s Activities (JUN 2016) C.1.20 KSC 52.242-93 Contractor Workforce Report – Onsite Contractors and Subcontractors (OCT 2006)
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2018)
SECTION D. CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS
SECTION E - SOLICITATION PROVISIONS
52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)
E.1 ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS
E.1.1 Small Business Considerations E.1.2 Submission of Offers E.1.3 Communications Regarding this Solicitation E.1.4 General Proposal Guidance E.1.5 Preparation of Offer E.1.5.1 Technical Capability E.1.5.2 Price E.1.6 52.233-2 Service of Protest. (SEP 2006) E.1.7 1852.215-81 Proposal Page Limitations. (APR 2015) E.1.8 1852.233-70 Protests to NASA. (DEC 2015)
E.1.9 SOLICITATION DOCUMENTS, EXHIBITS OR ATTACHMENTS
E.2.1 ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL ITEMS (OCT 2014):
E.2.1.1 Evaluation Approach SECTION E.3. 52.212-3 Offeror Representations and Certifications—Commercial Items. (NOV 2017) Alternate 1 (OCT 2014)
SECTION B. CONTINUATION OF SF1449
B.1 Schedule of Supplies and/or Services to be Provided The Contractor shall provide all resources (except as may be expressly stated in the contract as furnished by the Government) necessary to perform the requirements set forth in the REFUSE COLLECTION AND DISPOSAL SERVICES (PWS) incorporated in Section D. Attachment 1. The total firm-fixed-price (FFP) for the services provided to NASA-KSC under this contract is specified in the Contract Value below.
TABLE B.1-1 SCHEDULE OF SERVICES
Phase-In
CLIN DESCRIPTION OF SUPPLIES/ SERVICES QTY UNIT UNIT PRICE AMOUNT
0000 Phase-In Activities 1 LT
Total for Phase-In Period (09/16/18 – 09/30/18)
Based Period
CLIN DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT
UNIT
PRICE AMOUNT
0001 Firm-fixed-price CLIN. Front Load Solid Waste
(Dumpsters and Roll-offs)
12 MO TBD TBD
0002 Indefinite Delivery Indefinite Quantity (IDIQ)
Special Events Collection as requested.
(PWS 1.5) This CLIN is separately priced when performed.
YR NTE $2,000.00
Total for Base Period (10/01/18 – 09/30/19)
Option Year 1
CLIN DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT
UNIT
PRICE AMOUNT
1001 Firm-fixed-price CLIN. Front Load Solid Waste (Dumpsters and Roll-offs)
12 MO TBD TBD
1002 IDIQ/Special Events Collection as requested.
(PWS 1.5) This CLIN is separately priced when performed.
YR NTE $2,000.00
Total for Option Period 1 (10/01/19 – 09/30/20)
Option Year 2
CLIN DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT
UNIT
PRICE AMOUNT
2001 Firm-fixed-price CLIN. Front Load Solid Waste (Dumpsters and Roll-offs)
12 MO TBD TBD
2002 IDIQ/Special Events Collection as requested.
(PWS 1.5) This CLIN is separately priced when performed.
YR NTE $2,000.00
Total for Option Period 2 (10/01/20 – 09/30/21)
Option Year 3
CLIN DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT
UNIT
PRICE AMOUNT
3001 Firm-fixed-price CLIN. Front Load Solid Waste (Dumpsters and Roll-offs)
12 MO TBD TBD
3002 IDIQ/Special Events Collection as requested.
(PWS 1.5) This CLIN is separately priced when performed.
YR NTE $2,000.00
Total for Option Period 3 (10/01/21 – 09/30/22)
Option Year 4
CLIN DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT
UNIT
PRICE AMOUNT
4001 Firm-fixed-price CLIN. Front Load Solid Waste (Dumpsters and Roll-offs)
12 MO TBD TBD
4002 IDIQ/Special Events Collection as requested.
(PWS 1.5) This CLIN is separately priced when performed.
YR NTE $2,000.00
Total for Option Period 4 (10/01/22 – 09/30/23)
Total Price for Phase-In, Base Period and 4 Option Periods: $_____________________ (must correspond to Total Price on SF 1449)
TABLE B.1-2 IDIQ/FIRM-FIXED-PRICE RATES
Unit prices in this table are firm-fixed prices that will be used to price quantity changes and to price special events requirements as identified in Section B, Contract Line Items 0002, 1002, 2002, 3002, 4002 of Table B.1-1 Schedule of Services.
IDIQ
FFP
Rates
KENNEDY SPACE
CENTER
Base Option 1 Option 2 Option 3 Option 4
01 2 CY REGULATED
FOOD CONTAINER
EA
02 4 CY SOLID WASTE
DUMPSTER
EA
03 6 CY SOLID WASTE
DUMPSTER
EA
04 8 CY SOLID WASTE
DUMPSTER
EA
05 30 CY ROLLOFF EA
06 40 CY ROLLOFF EA
B.2 1852.216-78 Firm-Fixed Price. (DEC 1988) The total firm-fixed-price of this contract is $[Insert the appropriate amount].
(End of clause)
B.3 Place of Performance John F. Kennedy Space Center, Florida at locations as designated in Attachment 1 PWS, Appendix B.
B.4 Period of Performance Phase-In: September 16, 2018 – September 30, 2018 Base Period: October 1, 2018 – September 30, 2019 Option 1: October 1, 2019 – September 30, 2020 Option 2: October 1, 2020 – September 30, 2021 Option 3: October 1, 2021 – September 30, 2022 Option 4: October 1, 2022 – September 30, 2023
[END OF SECTION]
SECTION C – CONTRACT CLAUSES
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):
For Federal Acquisition Regulation (FAR) clauses, see:
https://www.acquisition.gov/far/index.html
For NASA FAR Supplement (NFS) clauses, see:
http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm
(End of clause)
C.1 ADDENDUM TO 52.212-4, CONTRACT TERMS AND CONDITIONS –
COMMERCIAL ITEMS (JAN 2017)
C.1.1 Contract Clauses Applicable to IDIQ CLINS 0002, 1002, 2002, 3002, 4002
C.1.1.1 Ordering
(a) Any non-recurring services to be furnished under this contract shall be ordered by issuance of work authorizations by the individuals or activities designated in B.5.2.
(b) All Work Authorizations are subject to the terms and conditions of this contract.
(c) If mailed, a Work Authorization is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods.
(End of clause)
C.1.1.2 Work Authorization Procedures
(a) The Contracting Officer (CO), or the Contracting Officer’s Representative (COR) (up to the value of $3,500.00) will issue written Work Authorizations for the IDIQ CLINS via mail, electronic mail, or facsimile, and will include:
(1) Estimated quantity of hours to perform the task. The contractor shall not perform more than this quantity without the prior approval of the CO or the COR.
(2) Contract Number, Work Authorization Number, and applicable CLIN(s).
(3) Period of performance for order.
(4) The cumulative Work Authorization value.
(b) Amendments to Work Authorizations will be issued in writing, in the same manner as original authorizations. In emergencies or special situations, the Contracting Officer or the COR may issue Work Authorizations orally. The Contracting Officer or the COR will promptly execute a written Work Authorization to confirm all oral Work Authorizations. Either party, CO or COR, is authorized to terminate a Work Authorization.
C.1.2 52.204-9 Personal Identity Verification of Contractor Personnel. (Jan 2011)
C.1.3 52.212-4 (g) Invoice (NASA Addendum) C.1.3.1 Submission of Invoices for Payment
(a) The Contractor shall submit all 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.
(b) Improper invoices. The NSSC Payment Office will notify the contractor of any apparent error, defect, or impropriety in an 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 (a) of this section.
(c) In the event that amounts are withheld from payment in accordance with provisions of this award, a separate payment request for the amount withheld will be required before payment for that amount may be made.
52.216-18 Ordering. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from October 1, 2018 through September
30, 2023 (if all options are exercised).
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered “issued” when the
Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(End of clause)
C.1.4 52.217-8 Option to Extend Services. (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days.
(End of clause)
C.1.5 52.217-9 Option to Extend the Term of the Contract. (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 66 months, (5 years plus six month extension period).
(End of clause)
C.1.6 52.228-5 Insurance – Work on a Government Installation. (JAN 1997)
C.1.7 52.232-18 Availability of Funds. (APR 1984)
C.1.8 1852.215-84 Ombudsman. (NOV 2011)
C.1.9 1852.223-70 Safety and Health Measures and Mishap Reporting. (DEC 2015)
C.1.10 1852.223-72 Safety and Health (Short Form). (JUL 2015)
C.1.11 1852.223-75 Major Breach of Safety or Security. (FEB 2002) Alternate 1 (FEB 2006)
C.1.12 1852.225-70 Export Licenses. (FEB 2000)
(a) The Contractor shall comply with all U.S. export control laws and regulations, including the International Traffic in Arms Regulations (ITAR), 22 CFR Parts 120 through 130, and the Export Administration Regulations (EAR), 15 CFR Parts 730 through 799, in the performance of this contract. In the absence of available license exemptions/exceptions, the Contractor shall be responsible for obtaining the appropriate licenses or other approvals, if required, for exports of hardware, technical data, and software, or for the provision of technical assistance.
(b) The Contractor shall be responsible for obtaining export licenses, if required, before utilizing foreign persons in the performance of this contract, including instances where the work is to be performed on-site at NASA John F. Kennedy Space Center, where the foreign person will have access to export-controlled technical data or software.
(c) The Contractor shall be responsible for all regulatory record keeping requirements associated with the use of licenses and license exemptions/exceptions.
(d) The Contractor shall be responsible for ensuring that the provisions of this clause apply to its subcontractors.
(End of clause)
C.1.13 1852.228-75 Minimum Insurance Coverage. (OCT 1988) The Contractor shall obtain and maintain insurance coverage as follows for the performance of this contract:
(a) Worker's compensation and employer's liability insurance as required by applicable Federal and state workers' compensation and occupational disease statutes.
If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with the Contractor's commercial operations that it would not be practical. The employer's liability coverage shall be at least $100,000, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.
(b) Comprehensive general (bodily injury) liability insurance of at least $500,000 per occurrence.
(c) Motor vehicle liability insurance written on the comprehensive form of policy which provides for bodily injury and property damage liability covering the operation of all motor vehicles used in connection with performing the contract. Policies covering motor vehicles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury liability and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.
(d) Comprehensive general and motor vehicle liability policies shall contain a provision worded as follows:
"The insurance company waives any right of subrogation against the United States of America which may arise by reason of any payment under the policy."
(e) When aircraft are used in connection with performing the contract, aircraft public and passenger liability insurance of at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
(End of clause)
C.1.14 1852.232-77 -Limitation of Funds (Fixed-Price Contract) (MAR 1989)
(a) Of the total price of items TBD through TBD, the sum of $ TBD 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 items is allotted:
SCHEDULE FOR ALLOTMENT OF FUNDS
Date - TBD Amounts - TBD
(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 TBD .
(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 estimate 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) of this clause.
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.
(End of clause)
C.1.15 1852.237-73 Release of Sensitive Information. (JUN 2005)
C.1.16 1852.242-72 Denied Access to NASA Facilities. (OCT 2015)
C.1.17 1852.245-71 Installation-Accountable Government Property. (JAN 2011)
(a) The Government property described in paragraph (c) of this clause may be made available to the Contractor on a no-charge basis for use in performance of this contract. This property shall be utilized only within the physical confines of the NASA installation that provided the property unless authorized by the Contracting Officer under (b)(1)(iv). Under this clause, the Government retains accountability for, and title to, the property, and the Contractor shall comply with the following:
NASA Procedural Requirements (NPR) 4100.1, NASA Materials Inventory Management Manual;
NASA Procedural Requirements (NPR) 4200.1, NASA Equipment Management Procedural Requirements;
NASA Procedural Requirement (NPR) 4300.1, NASA Personal Property Disposal Procedural Requirements;
Property not recorded in NASA property systems must be managed in accordance with the requirements of the clause at FAR 52.245-1, as incorporated in this contract.
The Contractor shall establish and adhere to a system of written procedures to assure continued, effective management control and compliance with these user responsibilities. In accordance with FAR 52.245-1(h)(1) the contractor shall be liable for property lost, damaged, destroyed or stolen by the contractor or their employees when determined responsible by a NASA Property Survey Board, in accordance with the NASA guidance in this clause.
(b) (1)The official accountable recordkeeping, financial control, and reporting of the property subject to this clause shall be retained by the Government and accomplished within NASA management information systems prescribed by the installation Supply and Equipment Management Officer (SEMO) and Financial Management Officer. If this contract provides for the Contractor to acquire property, title to which will vest in the Government, the following additional procedures apply:
(i) The Contractor's purchase order shall require the vendor to deliver the property to the installation central receiving area.
(ii) The Contractor shall furnish a copy of each purchase order, prior to delivery by the vendor, to the installation central receiving area.
(iii) The Contractor shall establish a record for Government titled property as required by FAR 52.245-1, as incorporated in this contract, and shall maintain that record until accountability is accepted by the Government.
(iv) Contractor use of Government property at an off-site location and off-site subcontractor use requires advance approval of the Contracting Officer and notification of the Industrial Property Officer. The property shall be considered Government furnished and the Contractor shall assume accountability and financial reporting responsibility. The Contractor shall establish records and property control procedures and maintain the property in accordance with the requirements of FAR 52.245-1, Government Property (as incorporated in this contract), until its return to the installation.
NASA Procedural Requirements related to property loans shall not apply to offsite use of property by contractors.
(2) After transfer of accountability to the Government, the Contractor shall continue to maintain such internal records as are necessary to execute the user responsibilities identified in paragraph (a) of this clause and document the acquisition, billing, and disposition of the property. These records and supporting documentation shall be made available, upon request, to the SEMO and any other authorized representatives of the Contracting Officer.
(c) The following property and services are provided if checked:
(1) Office space, work area space, and utilities. Government telephones are available for official purposes only.
(2) Office furniture.
(3) Property listed in
(i) If the Contractor acquires property, title to which vests in the Government pursuant to other provisions of this contract, this property also shall become accountable to the Government upon its entry into Government records.
(ii) The Contractor shall not bring to the installation for use under this contract any property owned or leased by the Contractor, or other property that the Contractor is accountable for under any other Government contract, without the Contracting Officer's prior written approval.
(4) Supplies from stores stock.
(5) Publications and blank forms stocked by the installation.
(6) Safety and fire protection for Contractor personnel and facilities.
(7) Installation service facilities: None
(8) Medical treatment of a first-aid nature for Contractor personnel injuries or illnesses sustained during on-site duty.
(9) Cafeteria privileges for Contractor employees during normal operating hours.
(10) Building maintenance for facilities occupied by Contractor personnel.
(11) Moving and hauling for office moves, movement of large equipment, and delivery of supplies. Moving services may be provided on-site, as approved by the Contracting Officer.
(End of Clause)
C.1.18 KSC 52.223-121 Reporting of Incidents Involving Workplace Violence (JUL 2008) The contractor shall conduct training on and develop procedures for recognizing, managing and responding to incidents and threats of workplace violence as defined in NASA Policy Directive (NPD) 1600.3. Contractors shall also promptly report all incidents involving workplace violence to the Protective Services Office. If the NASA Workplace Violence Prevention and Response (WVPR) Team Chair and Cochair determine it is appropriate for the committee to meet, the contractor shall participate in the meeting. The contractor is also responsible for reporting disposition of the incident reported to the NASA WVPR Team.
This requirement shall flow down to the subcontractors, however the subcontractors shall report up through the prime contractor.
(End of Clause)
C.1.19 KSC 52.242-90 Controls Applicable to Contractor’s Activities (JUN 2016) The Contractor shall comply with the publications below, and subsequent revision thereof, that the Contracting Officer has indicated as being incorporated in this contract by reference. These publications prescribe regulatory and procedural criteria which are applicable to this contract. The contractor shall promptly take corrective action upon notice of noncompliance from the Contracting Officer or his/her authorized representative(s) with any provision of the publications listed below.
The following compliance documents may be found at:
http://procurement.ksc.nasa.gov/PPD/documents
KNPR 8715.2, Comprehensive Emergency Management Plan
KNPR 1600.1, KSC Security Procedural Requirements KNPR 8500.1, KSC Environmental Management KNPR 8715.3, KSC Safety Practices Procedural Requirements
Check if applicable:
[ ] KNPD 1810.1 KSC Occupational Medicine Program [ ] KNPR 1860.1 KSC Ionizing Radiation Protection Program [ ] KNPR 1860.2 KSC Nonionizing Radiation Protection Program [ X] KNPR 1820.3 KSC Hearing Loss Prevention Program [ X] KNPR 1820.4 KSC Respiratory Protection Program [ X] KNPR 1840.19 KSC Industrial Hygiene Programs [ ] 45SWI40-201 45th Space Wing Instruction 40-201 Radiation Protection Program [ ] KNPD 1840.1 KSC Hazard Communication Program [ X] KNPR 1870.1 KSC Sanitation Program [ ] KNPR 2570.1 KSC Radio Frequency Spectrum Management Procedural
Requirements [ ] KNPR 4000.1 Supply and Equipment System Manual [ ] KNPR 6000.1 Transportation Support System [ ] KNPR 8715.7 KSC Construction Contractor Safety and Health Practices Procedural
Requirements [ ] KNPR 8830.1 Facilities and Real Property Management Procedural Requirements
(End of clause)
C.1.20 KSC 52.242-93 Contractor Workforce Report – Onsite Contractors and Subcontractors (OCT 2006) The Contractor shall submit, on a quarterly basis, a manpower report delineating information about its workforce. The report shall include: the contract number, the contractor's total on-site workforce, total on-site union represented employees by bargaining unit, total on-site non-union represented employees, and total off-site workforce performing on the contract. The Contractor shall provide this information no later than 10 days after the close of each reporting period which end March 31st, June 30th, September 30th, and December 31st. The report shall be submitted to the Contracting Officer with copies to Workforce Planning and Analysis Office, (Code BA- D) and Industrial Labor Relations Office (Code OP-AM).
C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS
(JAN 2018)
(a) The Contractor shall comply with the following Federal Acquisition Regulation
(FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and
Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations
(Nov 2015).
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public
Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the
Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept
2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41
U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and
Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract
Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
_X_ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L.
111-117, section 743 of Div. C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery
Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C.
6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding
Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
__ (10) [Reserved].
_X_ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov
2011) (15 U.S.C. 657a).
__ (ii) Alternate I (Nov 2011) of 52.219-3.
__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small
Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (ii) Alternate I (JAN 2011) of 52.219-4.
__ (13) [Reserved]
__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15
U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15
U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.
637(d)(2) and (3)).
__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C.
637(d)(4)).
__ (ii) Alternate I (Nov 2016) of 52.219-9.
__ (iii) Alternate II (Nov 2016) of 52.219-9.
__ (iv) Alternate III (Nov 2016) of 52.219-9.
__ (v) Alternate IV (Nov 2016) of 52.219-9.
_X_ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
_X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.
637(a)(14)).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15
U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-
Aside (Nov 2011) (15 U.S.C. 657 f).
_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul
2013) (15 U.S.C. 632(a)(2)).
__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C.
637(m)).
__ (24) 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 (Dec 2015) (15 U.S.C. 637(m)).
_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
_X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan
2018) (E.O. 13126).
_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
_X_ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
_X_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29
U.S.C. 793).
_X_ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C.
4212).
_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor
Relations Act (Dec 2010) (E.O. 13496).
_X_ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.
chapter 78 and E.O. 13627).
__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O.
13627).
_X_ (34) 52.222-54, Employment Eligibility Verification (OCT 2015). (Executive
Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for
EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons (JUN 2016) (E.O. 13693).
__ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration
Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (38)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN
2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Oct 2015) of 52.223-13.
__ (39)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014)
(E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-14.
__ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)
(42 U.S.C. 8259b).
__ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer
Products (OCT 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While
Driving (AUG 2011) (E.O. 13513).
__ (43) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (44) 52.223-21, Foams (JUN 2016) (E.O. 13693).
__ (45)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (46) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).
__ (47)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act
(May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.
3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
__ (ii) Alternate I (May 2014) of 52.225-3.
__ (iii) Alternate II (May 2014) of 52.225-3.
__ (iv) Alternate III (May 2014) of 52.225-3.
__ (48) 52.225-5, Trade Agreements (OCT 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.
3301 note).
_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the
Department of the Treasury).
__ (50) 52.225-26, Contractors Performing Private Security Functions Outside the
United States (Oct 2016) (Section 862, as amended, of the National Defense
Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42
U.S.C. 5150).
__ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency
Area (Nov 2007) (42 U.S.C. 5150).
__ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb
2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41
U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (55) 52.232-33, Payment by Electronic Funds Transfer—System for Award
Management (Jul 2013) (31 U.S.C. 3332).
__ (56) 52.232-34, Payment by Electronic Funds Transfer—Other than System for
Award Management (Jul 2013) (31 U.S.C. 3332).
__ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (59) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C.
637(d)(12)).
__ (60)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
_X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O.
13495).
_X_ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C.
chapter 67).
_X_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29
U.S.C. 206 and 41 U.S.C. chapter 67).
_X_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-
Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and
41 U.S.C. chapter 67).
__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—
Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (6) 52.222-51, Exemption from Application of the Service Contract Labor
Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—
Requirements (May 2014) (41 U.S.C. chapter 67).
__ (7) 52.222-53, Exemption from Application of the Service Contract Labor
Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C.
chapter 67).
_X_ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
_X_ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017)
(E.O. 13706).
__ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations
(May 2014) (42 U.S.C. 1792).
__ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C.
5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at
52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the
Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement.
Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and
(d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41
U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the
Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C.
637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)
(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29
U.S.C. 793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212)
(x) 52.222-40, Notification of Employee Rights Under the National Labor
Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xi) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter
67).
(xii)
52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).
(xiii) 52.222-51, Exemption from Application of the Service Contract Labor
Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-
Requirements (May 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-53, Exemption from Application of the Service Contract Labor
Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter
67).
(xv) 52.222-54, Employment Eligibility Verification (OCT 2015) (E.O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O.
13706).
(xviii)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xix) 52.225-26, Contractors Performing Private Security Functions Outside the
United States (Oct 2016) (Section 862, as amended, of the National Defense
Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xx) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations
(May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of
FAR clause 52.226-6.
(xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels
(Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
SECTION D. CONTRACT DOCUMENTS, EXHIBITS OR ATTACHMENTS
The following documents are attached hereto and made a part of this contract:
ATTACH.
NUMBER TITLE DATE PAGES
Performance Work Statement (PWS) and Appendices 05/22/2018 20
Determination No.: 2015-4555 Revision No.:5 01/10/2018 11
3 Data Requirement List/DRD’s 05/22/2018 6
(End of Clause)
SECTION E - SOLICITATION PROVISIONS
52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):
For Federal Acquisition Regulation (FAR) clauses, see:
https://www.acquisition.gov/far/index.html
For NASA FAR Supplement (NFS) clauses, see:
http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm
(End of clause)
E.1 ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS –
COMMERCIAL ITEMS
E.1.1 Small Business Considerations In accordance with FAR 52.219-3, this acquisition is a total HUBZone set-aside and in accordance with FAR 52.219-6, this acquisition is a total small business set-aside.
As this procurement has been set aside for small business pursuant to 15…
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