IFB_80MSFC18B0001.pdf
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- Attached to
- Revitalize Fire Alarm Nodes System Federal contract opportunity
- Solicitation number
- 80MSFC18B0001
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IFB 80MSFC18B0001
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| File | Type | Posted |
|---|---|---|
| Abstract_of_Bids,_IFB_80MSFC18B0001.pdf | ||
| IFB_80MSFC18B0001,_Amendment_1.pdf | ||
| Plans,_80MSFC18B0001.pdf | ||
| Bid_Instructions_for_IFB_80MSFC18B0001.pdf | ||
| Special_Notes,_80MSFC18B0001.pdf | ||
| Specifications,_FAC-M5069,_80MSFC18B0001.pdf |
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2. TYPE OF SOLICITATION
NEGOTIATED (RFP)
PAGE OF PAGES3. DATE ISSUED1. SOLICITATION NO.SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
6. PROJECT NUMBER5. REQUISITION/PURCHASE REQUEST NUMBER4. CONTRACT NO.
8. ADDRESS OFFER TO7. ISSUED BY CODE
9. FOR INFORMATION
CALL
b. TELEPHONE NO. (INCLUDE AREA CODE) (NO COLLECT CALLS)a . NAME
SOLICITATION
NOTE: IN SEALED BID SOLICITATIONS "OFFER" AND "OFFEROR" MEAN "BID" AND "BIDDER"
11. The contractor shall begin performance within calendar days and complete within calendar days after receiving
(seenotice to proceed. This performance period isaward, mandatory negotiable.
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "Yes" indicate within how many calendar days after award in item 12b.)
12b. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
NOYES
STANDARD FORM 1442 (REV. 8/2014)
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (TITLE, IDENTIFYING NO., DATE):
is, SEALED BID (IFB)
80MSFC18B0001
X
04/03/2018 1 3
BRIAN A. SPEER (256) 544-3038
10 550
X
X Ten Calendar Days after notification by Contracting Officer
1 14:00:00
05/03/2018
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
a. Sealed offers in original and local time copies to perform the work required are due at the place specified in Item 8 by (hour)
(date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
b. An offer guarantee is not required.
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
X
National Aeronautics and Space Administration George C. Marshall Space Flight Center Office of Procurement Attn: PS32/Brian A. Speer/Building 4260, Room 145 Huntsville, AL 35812
4200647205TO BE DETERMINED
X
PROJECT TITLE: Revitalize Fire Alarm Nodes System DESCRIPTION OF WORK: NASA/MSFC is issuing an Invitation for Bids (IFB) for the requirement “Revitalize Fire Alarm Fire Alarm Nodes System.” The work to be performed under this project consists of providing the labor, equipment, and materials to perform the construction for the revitalization of the MSFC emergency reporting and notification infrastructure (node system) and limited building fire suppression systems at the Marshall Space Flight Center in Huntsville, Alabama. See Attachment J-1 and Bid Schedule for complete project description.
THE BID OPENING WILL BE HELD AT NASA, MARSHALL SPACE FLIGHT CENTER (MSFC), BUILDING 4260, ROOM 157, ON THURSDAY, MAY 3, 2018, AT 2:00 P.M. CENTRAL STANDARD TIME (CST). BUILDING 4260 IS LOCATED ON RIDEOUT ROAD AND IS HIGHLIGHTED IN YELLOW ON THE MAP IN THE BID INSTRUCTIONS. If you need access to MSFC, contact Pam Davis at (256) 544-7861 for information related to accessing Marshall Space Flight Center. Her e-mail is: pamela.s.davis@nasa.gov.
It is highly recommended that you allow ample time (at least two hours) for processing through the gate at Redstone Arsenal. Offerors are informed that badging services are only available at the Redstone Arsenal Visitor’s Centers located at Gate 1 on Martin Road and Gate 9 on Rideout Road. Visitor Center personnel will require unbadged personnel to present a valid driver’s license, vehicle registration, and proof of vehicle insurance or lease agreement to obtain badges. No escorts will be provided.
NOTE 1: BIDDER MUST COMPLETE AND RETURN
ONE COPY OF STANDARD FORM 1442 WITH BID
SCHEDULE, SECTION K, BID BOND, AND
EXPERIENCE MODIFICATION RATING (EMR).
FACILITY CODECODE
15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14)
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP code)
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by Government in writing within
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT
NUMBER
DATE.
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20B. SIGNATURE 20C. OFFER DATE
AWARD (To be completed by government)
22. AMOUNT:
21. ITEMS ACCEPTED:
23. ACCOUNTING AND APPROPRIATION DATA
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 COPIES UNLESS OTHERWISE SPECIFIED)
ITEM
)10 U.S.C.2304(c) ( )41 U.S.C. 3304(a) (
27. PAYMENT WILL BE MADE BY26. ADMINISTERED BY CODE
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document) Your offer on this solicitation, is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the government solicitation and your offer, and (b) the contract award. No further contractual document is necessary.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN
(TYPE OR PRINT)
31A. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)
STANDARD FORM 1442 (REV 8/2014)
31B. UNITED STATES OF AMERICA 31C. AWARD DATE
BY
30B. SIGNATURE 30C. DATE
Block 27
X calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in requirement 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
Office of Procurement George C. Marshall Space Flight Center National Aeronautics and Space Administration Huntsville, AL 35812
NASA Shared Services Center (NSSC) Financial Management Division (FMD) Accounts Payable Bldg 1111, Jerry Hlass Road Stennis Space Center, MS 39529 E-Mail: NSSC-AccountsPayable@nasa.gov
SEE ATTACHED BID SCHEDULE ON NEXT PAGE
80MSFC18B0001
BID SCHEDULE
PROJECT: Revitalize Fire Alarm Nodes System
DESCRIPTION OF WORK
The work to be performed under this project consists of providing the labor, equipment, and materials to perform the construction for the revitalization of the MSFC emergency reporting and notification infrastructure (node system) and limited building fire suppression systems at the Marshall Space Flight Center in Huntsville, Alabama.
The work consists of reuse of existing fiber communications pathways and spare capacity where feasible to connect all fire alarm devices in all buildings at MSFC to the head end of the node system located at Building 4650 and the 911 center located in Building 4708. New fiber duct banks are to be installed as noted on the drawings.
A new addressable fire alarm system network interface shall be installed as part of this scope of work. New network equipment will be required at each building having a preexisting fire alarm system to tie-in to the campus wide fiber loop network.
The work performed under this contract will primarily be electrical work and civil work, with work in the mechanical and structural areas as needed to support the installation of new electrical equipment and duct banks.
BID ITEM AMOUNT
BASE BID
All work as noted on drawing cover sheet except for sheets FAC-NS-CF-T1 through –T25.
NOTE: Work on drawings FAC-NS-CF-T1, through –T25 to be performed by others.
B-1
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
1852.216-78 FIRM FIXED PRICE (DEC 1988)
The total firm fixed price of this contract is $ TBD.
(End of clause)
C-1
SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK
Specifications are under Attachment J-1 of this solicitation.
D-1
SECTION D - PACKAGING AND MARKING
This Section not used.
E-1
SECTION E - INSPECTION AND ACCEPTANCE
52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)
(a) The Contractor shall comply with the higher-level quality standard(s) listed below.
Title
Number
Date
Contractor Quality / Quality Control
MSFC SPEC FAC-M5069,
01/40/00
04/14/2017
(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in—
(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or
(2) When the technical requirements of a subcontract require—
(i) Control of such things as design, work operations, in-process control, testing, and inspection; or
(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.
52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
(a) Definition. Work includes, but is not limited to, materials, workmanship, and manufacture and fabrication of components.
(b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements.
The Contractor shall maintain complete inspection records and make them available to the Government. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract.
(c) Government inspections and tests are for the sole benefit of the Government and do not—
(1) Relieve the Contractor of responsibility for providing adequate quality control measures;
(2) Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
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(3) Constitute or imply acceptance; or
(4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) below.
(d) The presence or absence of a Government inspector does not relieve the Contractor from any contract requirement, nor is the inspector authorized to change any term or condition of the specification without the Contracting Officer’s written authorization.
(e) The Contractor shall promptly furnish, at no increase in contract price, all facilities, labor, and material reasonably needed for performing such safe and convenient inspections and tests as may be required by the Contracting Officer. The Government may charge to the Contractor any additional cost of inspection or test when work is not ready at the time specified by the Contractor for inspection or test, or when prior rejection makes reinspection or retest necessary. The Government shall perform all inspections and tests in a manner that will not unnecessarily delay the work. Special, full size, and performance tests shall be performed as described in the contract.
(f) The Contractor shall, without charge, replace or correct work found by the Government not to conform to contract requirements, unless in the public interest the Government consents to accept the work with an appropriate adjustment in contract price. The Contractor shall promptly segregate and remove rejected material from the premises.
(g) If the Contractor does not promptly replace or correct rejected work, the Government may (1) by contract or otherwise, replace or correct the work and charge the cost to the Contractor or
(2) terminate for default the Contractor’s right to proceed.
(h) If, before acceptance of the entire work, the Government decides to examine already completed work by removing it or tearing it out, the Contractor, on request, shall promptly furnish all necessary facilities, labor, and material. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction.
However, if the work is found to meet contract requirements, the Contracting Officer shall make an equitable adjustment for the additional services involved in the examination and reconstruction, including, if completion of the work was thereby delayed, an extension of time.
(i) Unless otherwise specified in the contract, the Government shall accept, as promptly as practicable after completion and inspection, all work required by the contract or that portion of the work the Contracting Officer determines can be accepted separately. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government’s rights under any warranty or guarantee.
E-3
1852.246-71 GOVERNMENT CONTRACT QUALITY ASSURANCE FUNCTIONS
(OCT 1988)
In accordance with the inspection clause of this contract, the Government intends to perform the following functions at the locations indicated:
Item Quality Assurance Function Location
1. In-Process Inspection Project Site, MSFC
2. Final Inspection Project Site, MSFC
F-1
SECTION F - DELIVERIES OR PERFORMANCE
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK
(APR 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 550. The time stated for completion shall include final cleanup of the premises.
MSFC 52.211-94 PERIOD OF PERFORMANCE (MAY 2017)
The period of performance for this contract is from MM/DD/YYYY through MM/DD/YYYY.
MSFC 52.237-91 PLACE OF PERFORMANCE (FEB 2001)
The Contractor shall perform the work under this contract at Marshall Space Flight Center, Huntsville, Alabama, and at such other locations as may be approved in writing by the Contracting Officer.
G-1
SECTION G - CONTRACT ADMINISTRATION DATA
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.
G-2
(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.
1852.232-82 SUBMISSION OF REQUESTS FOR PROGRESS PAYMENTS (MAR 1989)
The Contractor shall request progress payments in accordance with the Progress Payments clause by submitting to the Contracting Officer an original and two copies of Standard Form (SF) 1443, Contractor’s Request for Progress Payment, and the contractor’s invoice (if applicable). The Contracting Officer’s office is the designated billing office for progress payments for purposes of the Prompt Payment clause.
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G-3
MSFC 52.204-91 SECURITY AND BADGING REQUIREMENTS (NOV 2016)
Performance of this contract will require access to facilities, information technology systems, and other resources at the Marshall Space Flight Center and/or the Michoud Assembly Facility.
To obtain and maintain access, the Contractor shall comply with the applicable requirements from the latest revision of (1) NASA Procedural Requirements (NPR) 1600.1, “NASA Security Program Procedural Requirements,” (2) NPR 1600.4, “Identity and Credential Management,” (3) Marshall Procedural Requirements (MPR) 1600.1, “MSFC Security Program Procedural Requirements,” (4) MPR 1600.4, “MSFC Identity, Credential, and Access Management,” and (5) NASA Advisory Implementing Instruction (NAII) 1600.4, “Foreign National Access Management.”
H-1
SECTION H - SPECIAL CONTRACT REQUIREMENTS
52.236-13 ACCIDENT PREVENTION (NOV 1991) ALTERNATE I (NOV 1991)
1852.223-70 SAFETY AND HEALTH MEASURES AND MISHAP REPORTING
(DEC 2015)
1852.223-75 MAJOR BREACH OF SAFETY OR SECURITY (FEB 2002)
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 120-130, and the Export Administration Regulations (EAR), 15 CFR parts 730-799, 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 MSFC, 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.
1852.242-72 DENIED ACCESS TO NASA FACILITIES (OCT 2015)
(a)(1) The performance of this contract requires contractor employees of the prime contractor or any subcontractor, affiliate, partner, joint venture, or team member with which the contractor is associated, including consultants engaged by any of these entities, to have access to, physical entry into, and to the extent authorized, mobility within, a NASA facility.
(2) NASA may close and or deny contractor access to a NASA facility for a portion of a business day or longer due to any one of the following events:
(i) Federal public holidays for federal employees in accordance with 5 U.S.C. 6103.
H-2
(ii) Fires, floods, earthquakes, unusually severe weather to include snow storms, tornadoes and hurricanes.
(iii) Occupational safety or health hazards.
(iv) Non-appropriation of funds by Congress.
(v) Any other reason.
(3) In such events, the contractor employees may be denied access to a NASA facility, in part or in whole, to perform work required by the contract. Contractor personnel already present at a NASA facility during such events may be required to leave the facility.
(b) In all instances where contractor employees are denied access or required to vacate a NASA facility, in part or in whole, the contractor shall be responsible to ensure contractor personnel working under the contract comply. If the circumstances permit, the contracting officer will provide direction to the contractor, which could include continuing on-site performance during the NASA facility closure period. In the absence of such direction, the contractor shall exercise sound judgment to minimize unnecessary contract costs and performance impacts by, for example, performing required work off-site if possible or reassigning personnel to other activities if appropriate.
(c) The contractor shall be responsible for monitoring the local radio, television stations, NASA
Web sites, other communications channels, for example contracting officer notification, that the NASA facility is accessible. Once accessible the contractor shall resume contract performance as required by the contract.
(d) For the period that NASA facilities were not accessible to contractor employees, the contracting officer may—
(1) Adjust the contract performance or delivery schedule for a period equivalent to the period the NASA facility was not accessible;
(2) Forego the work;
(3) Reschedule the work by mutual agreement of the parties; or
(4) Consider properly documented requests for equitable adjustment, claim, or any other remedy pursuant to the terms and conditions of the contract.
(e) Notification procedures of a NASA facility closure, including contractor denial of access, as follows:
(1) The contractor shall be responsible for monitoring the local radio, television stations, NASA Web sites, other communications channels, for example contracting officer notification, for announcement of a NASA facility closure to include denial of access to the NASA facility.
H-3
The contractor shall be responsible for notification of its employees of the NASA facility closure to include denial of access to the NASA facility. The dismissal of NASA employees in accordance with statute and regulations providing for such dismissals shall not, in itself, equate to a NASA facility closure in which contractor employees are denied access.
Moreover, the leave status of NASA employees shall not be conveyed or imputed to contractor personnel. Accordingly, unless a NASA facility is closed and the contractor is denied access to the facility, the contractor shall continue performance in accordance with the contract.
(2) NASA’s Emergency Notification System (ENS). ENS is a NASA-wide Emergency
Notification and Accountability System that provides NASA the ability to send messages, both Agency-related and/or Center-related, in the event of an emergency or emerging situation at a NASA facility. Notification is provided via multiple communication devices, e.g. Email, text, cellular, home/office numbers. The ENS provides the capability to respond to notifications and provide the safety status. Contractor employees may register for these notifications at the ENS Web site:
http://www.hq.nasa.gov/office/ops/nasaonly/ENSinformation.html.
1852.243-72 EQUITABLE ADJUSTMENTS (APR 1998)
(a) The provisions of all other clauses contained in this contract which provide for an equitable adjustment, including those clauses incorporated by reference with the exception of the “Suspension of Work” clause (FAR 52.242-14), are supplemented as follows:
Upon written request, the Contractor shall submit a proposal for review by the Government.
The proposal shall be submitted to the contracting officer within the time limit indicated in the request or any extension thereto subsequently granted. The proposal shall provide an itemized breakdown of all increases and decreases in the contract for the Contractor and each subcontractor in at least the following detail: material quantities and costs; direct labor hours and rates for each trade; the associated FICA, FUTA, SUTA, and Workmen’s Compensation Insurance; and equipment hours and rates.
(b) The overhead percentage cited below shall be considered to include all indirect costs including, but not limited to, field and office supervisors and assistants, incidental job burdens, small tools, and general overhead allocations. “Commission” is defined as profit on work performed by others. The percentages for overhead, profit, and commission are negotiable according to the nature, extent, and complexity of the work involved, but in no case shall they exceed the following ceilings:
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H-4
Overhead (percent)
Profit (percent) Commission
To Contractor on work performed by other than its own forces
— — 10
To first tier subcontractor on work performed by its subcontractors
— — 10
To Contractor and/or subcontractors on work performed with their own forces
10 10 —
(c) Not more than four percentages for overhead, profit, and commission shall be allowed regardless of the number of subcontractor tiers.
(d) The Contractor or subcontractor shall not be allowed overhead or commission on the overhead, profit, and/or commission received by its subcontractors.
(e) Equitable adjustments for deleted work shall include credits, limited to the same percentages for overhead, profit, and commission in paragraph (b) of this clause.
(f) On proposals covering both increases and decreases in the amount of the contract, the application of the overhead, profit, and commission shall be on the net change in direct costs for the Contractor or the subcontractor performing the work.
(g) After receipt of the Contractor’s proposal, the contracting officer shall act within a reasonable period, provided that when the necessity to proceed with a change does not permit time to properly check the proposal, or in the event of a failure to reach an agreement on a proposal, the contracting officer may order the Contractor to proceed on the basis of the price being determined at the earliest practicable date. In such a case, the price shall not be more than the increase or less than the decrease proposed.
MSFC 52.223-90 ASBESTOS MATERIAL (AUG 2015)
During performance of this contract, Contractor personnel performing work in MSFC buildings may come in contact with materials containing asbestos. MSFC Buildings 4200, 4201, and 4663 are of special concern since they are known to contain a sprayed on fire insulation on or above the ceiling, usually located on the metal or concrete structure of the buildings. Examples of asbestos-containing material are floor tile, pipe and lagging insulation, exterior siding, roofing felt, and many other building materials. To facilitate communication, MSFC has established a website where the inventory of asbestos-containing material, their condition and approximate location are provided. The URL for this website is http://ais.ndc.nasa.gov/default.aspx. If the Contractor is unable to access this URL, they may contact the Contracting Officer or MSFC’s Environmental Engineering and Occupational Health (EEOH) Office (organization code AS10) for assistance. Prior to performing tasks which may disturb building material containing asbestos
H-5 or suspected asbestos, the Contractor shall notify MSFC’s EEOH Office for assistance. The Contractor shall also be responsible for ensuring that all Contractor personnel working onsite are made aware of and comply with the requirements of this clause.
MSFC 52.223-91 HAZARDOUS MATERIAL REPORTING (FEB 2016)
(a) If during the performance of this contract, the Contractor transports or accepts delivery of any hazardous materials (hazardous as defined under the latest version of Federal Standard No.
313, including revisions adopted during the term of the contract) on-site to Marshall Space Flight Center, the hazardous material shall be processed through MSFC Central Receiving to be bar-coded for inventory. Alternative receiving points may be designated if approval is granted in accordance with MWI 8550.5, “Hazardous Material Management.” Chemical containers shall be managed in accordance with the provisions of MWI 8550.5. The Contractor shall be responsible for ensuring that all Contractor/subcontractor personnel are made aware of and comply with this clause.
(b) Nothing contained in this clause shall relieve the Contractor from complying with applicable
Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material; or with clauses regarding hazardous materials, which may be contained in the contract and/or order.
MSFC 52.223-92 ENVIRONMENTAL - GENERAL CLAUSE (AUG 2010)
Contractors performing on-site shall comply with all applicable Environmental policies and procedures including, but not limited to, MPD 8500.1, “MSFC Environmental Management Policy” and MPR 8500.1, “MSFC Environmental Engineering and Occupational Health Program.” MSFC contractors performing on-site activities that could potentially impact the environment shall be responsible for following all established NASA/MSFC environmental procedures. These procedures and other applicable policies and procedures are available by contacting the NASA/MSFC Environmental Engineering & Occupational Health Office. Failure to comply with environmental policies and procedures, may result in damage to the environment, and could potentially result in regulatory penalties against NASA and/or the Contractor, and Contractor loss of access to NASA/MSFC facilities.
MSFC 52.223-95 PREVENTION OF AND RESPONSE TO THREATENING OR
VIOLENT BEHAVIOR IN THE WORKPLACE (MAR 2017)
The Contractor shall comply with all applicable Contractor responsibilities set forth in Marshall Procedural Requirements (MPR) 1600.2, “Prevention of and Response to Threatening or Violent Behavior in the Workplace”. (End of clause)
H-6
MSFC 52.223-96 MEDICAL SERVICES (APRIL 2016)
Applicable for onsite performance at MSFC:
In accordance with MWI 1800.1, “MSFC Occupational Medicine” and MWI 3410.1, “Personnel Certification Program,” the Contractor shall utilize the medical services provided by the MSFC Medical Center for MSFC job-required medical certification health examinations. The MSFC Medical Center is located in Building 4249 and is generally open between 7:00 a.m. and 3:30 p.m., Monday through Friday (closed on Government holidays), telephone 256-544-2390.
Additionally, the Contractor shall utilize the MSFC emergency medical services system for any incident that occurs at MSFC and which requires emergency medical treatment by dialing 911.
Additional emergency contact numbers are accessible from the MSFC “Safety, Health and Environmental - SHE” Web site located on the ExplorNet Web page https://explornet.msfc.nasa.gov/groups/safety-health-and-environmental-she.
Applicable for onsite performance at MAF:
In accordance with MAF Organizational Issuance (AS60-OI-034), the Contractor shall utilize the medical services provided by the MAF Medical Clinic for Michoud Assembly Facility (MAF) job-required medical certification health examinations. The MAF Medical Clinic is located in Building 320 and is generally open between 7:00 am and 4:00 pm Monday through Friday (closed on Government holidays), telephone (504) 257-4663. Additionally, the Contractor shall utilize the MAF Emergency Medical Services system for any incident that occurs at MAF, and which requires emergency medical treatment, by dialing 911 or (504) 257-2333.
MSFC 52.223-97 MANDATORY AND REQUIRED TRAINING (JUNE 2016)
All Contractor personnel performing work onsite at MSFC or MAF shall complete, in a timely manner, all applicable mandatory and required training courses listed below, as well as any other current or future training requirements specified in the Statement of Work, Performance Work Statement, Specifications, Applicable Documents (including NASA, MSFC and Organizational level directives), Data Requirements Descriptions, other contract clauses and/or the System for Administration, Training, and Educational Resources for NASA (SATERN). SATERN provides web-based access to many required training courses. Contractor employees may be provided access to SATERN. The Contractor shall maintain training records for each employee, documenting the completion of this and any other required training. A list of the mandatory and required training including their titles, delivery method, frequency and target audience is accessible from the MSFC ExplorNet Web page at: https://explornet.msfc.nasa.gov/docs/DOC- 15683. The content of the list and the training itself are subject to change without notice.
Training for its employees and subcontractors shall be the responsibility of the Contractor.
Some certification courses are offered to the Contractor on a limited space available basis, and MSFC makes no obligation to provide this training to Contractor personnel. MSFC Contractors
H-7 may develop their own training for those courses not provided, or obtain it from a qualified outside vendor – this does not give rise to an equitable adjustment to contract value. The course material to be used for certification courses developed by a Contractor and/or verification of certification by an outside vendor, shall be submitted to the MSFC Industrial Safety Branch/SHE Training Subcommittee for approval and the training is subject to audit by the Government.
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SECTION I - CONTRACT CLAUSES
52.202-1 DEFINITIONS (NOV 2013)
52.203-3 GRATUITIES (APR 1984)
52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT
(SEP 2006)
52.203-7 ANTI-KICKBACK PROCEDURES (MAY 2014)
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR
ILLEGAL OR IMPROPER ACTIVITY (MAY 2014)
52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
(MAY 2014)
52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS (OCT 2010)
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL
CONFIDENTIALITY AGREEMENTS OR STATEMENTS (JAN 2017)
52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER
CONTENT PAPER (MAY 2011)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL
(JAN 2011)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER
SUBCONTRACT AWARDS (OCT 2016)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)
52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR
PROPOSED FOR DEBARMENT (OCT 2015)
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52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS (NOV 2015)
52.210-1 MARKET RESEARCH (APR 2011)
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)
52.214-26 AUDIT AND RECORDS—SEALED BIDDING (OCT 2010)
52.214-27 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING
DATA—MODIFICATIONS—SEALED BIDDING (AUG 2011)
52.214-28 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA—
MODIFICATIONS—SEALED BIDDING (OCT 2010)
52.214-29 ORDER OF PRECEDENCE—SEALED BIDDING (JAN 1986)
52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT (OCT 1997)
52.215-17 WAIVER OF FACILITIES CAPITAL COST OF MONEY (OCT 1997)
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS (NOV 2016)
52.219-14 LIMITATIONS ON SUBCONTRACTING (JAN 2017)
52.222-1 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)
52.222-3 CONVICT LABOR (JUN 2003)
52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)
52.222-7 WITHHOLDING OF FUNDS (MAY 2014)
52.222-8 PAYROLLS AND BASIC RECORDS (MAY 2014)
52.222-9 APPRENTICES AND TRAINEES (JUL 2005)
52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)
52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)
52.222-12 CONTRACT TERMINATION—DEBARMENT (MAY 2014)
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52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS
AND RELATED REGULATIONS (MAY 2014)
52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
52.222-26 EQUAL OPPORTUNITY (SEP 2016)
52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR
CONSTRUCTION (APR 2015)
52.222-37 EMPLOYMENT REPORTS ON VETERANS (FEB 2016)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL
LABOR RELATIONS ACT (DEC 2010)
52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)
52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2015)
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 (JAN 2017)
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY
DATA (JAN 1997) ALTERNATE I (JUL 1995)
52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY
2011)
52.223-6 DRUG-FREE WORKPLACE (MAY 2001)
52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION
EQUIPMENT AND AIR CONDITIONERS (JUN 2016)
52.223-15 ENERGY EFFICIENCY IN ENERGY-CONSUMING PRODUCTS (DEC 2007)
52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN
SERVICE AND CONSTRUCTION CONTRACTS (MAY 2008)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING
WHILE DRIVING (AUG 2011)
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52.223-20 AEROSOLS (JUN 2016)
52.223-21 FOAMS (JUN 2016)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
52.227-1 AUTHORIZATION AND CONSENT (DEC 2007)
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (DEC 2007)
52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTS (DEC 2007)
52.228-2 ADDITIONAL BOND SECURITY (OCT 1997)
52.228-5 INSURANCE-WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.228-11 PLEDGES OF ASSETS (JAN 2012)
52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)
52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)
52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION (OCT 2010)
52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
52.232-5 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS
(MAY 2014)
52.232-17 INTEREST (MAY 2014)
52.232-18 AVAILABILITY OF FUNDS (APR 1984)
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JAN 2017)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD
MANAGEMENT (JUL 2013)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
CONTRACTORS (DEC 2013)
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52.233-1 DISPUTES (MAY 2014) ALTERNATE I (DEC 1991)
52.233-3 PROTEST AFTER AWARD (AUG 1996)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.236-2 DIFFERING SITE CONDITIONS (APR 1984)
52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK
(APR 1984)
52.236-5 MATERIAL AND WORKMANSHIP (APR 1984)
52.236-6 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)
52.236-7 PERMITS AND RESPONSIBILITIES (NOV 1991)
52.236-8 OTHER CONTRACTS (APR 1984)
52.236-9 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT,
UTILITIES, AND IMPROVEMENTS (APR 1984)
52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)
52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)
52.236-12 CLEANING UP (APR 1984)
52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)
52.236-17 LAYOUT OF WORK (APR 1984)
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)
ALTERNATE I (APR 1984)
52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)
52.242-13 BANKRUPTCY (JUL 1995)
52.242-14 SUSPENSION OF WORK (APR 1984)
52.243-4 CHANGES (JUN 2007)
52.243-5 CHANGES AND CHANGED CONDITIONS (APR 1984)
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52.244-6 SUBCONTRACTS FOR COMMERCIAL ITEMS (NOV 2017)
52.246-21 WARRANTY OF CONSTRUCTION (APR 1984)
52.248-3 VALUE ENGINEERING—CONSTRUCTION (OCT 2015)
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-
PRICE) (APR 2012) ALTERNATE I (SEP 1996)
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (APR 1984)
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
1852.203-71 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER
RIGHTS (AUG 2014)
1852.228-75 MINIMUM INSURANCE COVERAGE (OCT 1988)
1852.232-79 PAYMENT FOR ON-SITE PREPARATORY COSTS (SEP 1987)
1852.237-70 EMERGENCY EVACUATION PROCEDURES (DEC 1988)
1852.237-73 RELEASE OF SENSITIVE INFORMATION (JUN 2005)
1852.243-71 SHARED SAVINGS (MAR 1997)
52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)
(a) Definition.
United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)—
(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites—
(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
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(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.
(3) Any required posters may be obtained as follows:
Poster(s)
Obtain from
NASA Office of Inspector General Fraud Hotline Poster.
http//:oig.nasa.gov/hotline.html
(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million, except when the subcontract—
(1) Is for the acquisition of a commercial item; or
(2) Is performed entirely outside the United States.
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING
RESPONSIBILITY MATTERS (JUL 2013)
(a) The Contractor shall update the information in the Federal Awardee Performance and
Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov
(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-
212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments—
(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by—
(i) Government personnel and authorized users performing business on behalf of the Government; or
(ii) The Contractor, when viewing data on itself; and
(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for—
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(i) Past performance reviews required by subpart 42.15;
(ii) Information that was entered prior to April 15, 2011; or
(iii) Information that is withdrawn during the 14-calendar-day waiting period by the
Government official who posted it in accordance with paragraph (c)(1) of this clause.
(c) The Contractor will receive notification when the Government posts new information to the Contractor’s record.
(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.
(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.
(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.
(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION
(JUL 2013)
(a) Definitions. As used in this clause—
Long-term contract means a contract of more than five years in duration, including options.
However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size
I-9 standard in paragraph (c) of this clause. Such a concern is “not dominant in its field of operation” when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts—
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor’s current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
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(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the…
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