ASTRO Draft SECTION I February 5 2020.docx

SECTION I – CONTRACT CLAUSES

I.1. MASTER CONTRACT CLAUSES

The following clauses apply to the master contract only.

I.1.1. FAR 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 the master contract’s Notice-to-Proceed through 5 years and one (five-year) option that may extend the cumulative ordering period to 10 years.

(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)

I.1.2. FAR 52.216-19 Order Limitations (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than the Simplified Acquisition Threshold, as amended, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of : Not Applicable

(2) Any order for a combination of items in excess of : Not Applicable

(3) A series of orders from the same ordering office within 365 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor’s intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

I.1.3. FAR 52.216-22 Indefinite Quantity (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 5 years after the master contract’s 10 year ordering period expires.

(End of clause)

I.1.4. FAR 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 days.

(End of clause)

I.1.5. FAR 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed the ordering period of 10 years for task orders issued under the master contract plus 5 years after the master contract’s ordering period expires for task order performance.

I.1.6. GSAR 552.216-74 Task-Order and Delivery-Order Ombudsman (JAN 2016)

(a) GSA has designated a Task-Order and Delivery-Order Ombudsman who will review complaints from contractors and ensure that they are afforded a fair opportunity for consideration in the award of task or delivery orders under Indefinite Delivery/Indefinite Quantity (ID/IQ) contracts, consistent with the procedures in the contract. Written complaints shall be submitted to the Ombudsman, with a copy to the Contracting Officer.

(b) In the case that the contractor is not satisfied with the resolution of the complaint by the GSA Task-Order and Delivery-Order Ombudsman, the contractor may follow the procedures outlined in subpart 33.1.

(c) The GSA Ombudsman is located at the General Services Administration (GSA), Office of Government-wide Policy (OGP), Office of Acquisition Policy (MV). Contact information for the GSA Ombudsman can be found at: http://www.gsa.gov/ombudsman.

(End of Clause)

I.2. MASTER CONTRACT/TASK ORDER CLAUSES AND PROVISIONS

The following clauses and provisions apply at the master contract level and the task order level, as applicable. These clauses and provisions automatically flow down to task orders solicited and awarded under the master contract unless otherwise stated by the OCO at the task order level.

Subject to FAR 52.204-19, the Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

The OCO will be provided a copy of any Contractor’s Section K, representations and certifications, in full text, upon request. The ASTRO CO may request an updated Section K during the term of the master contract.

I.2.1. Federal Acquisition Regulation (FAR) Clauses:

I.2.2. Federal Acquisition Regulation (FAR) Provisions:

I.2.3. General Services Administration Regulation (GSAR) Clauses:

I.2.4. Defense Federal Acquisition Regulation (DFAR) Clauses:

I.2.5. Defense Federal Acquisition Regulation (DFAR) Clauses:

I.3. SPECIFIC TASK ORDER PROVISIONS AND CLAUSES

The master contracts cannot predetermine all the contract provisions/clauses for individual task order requirements due to the variety of work that may fall within the scope of the master contract.

When adding provisions and clauses that do not flow down from Section I.2., the OCO should consider those provisions and clauses that are specific to the task order’s requirements (e.g., Customer agency supplemental regulations, Cost or Pricing Data, Construction, Service Contract Labor Standards, Buy American, Trade Agreements, Insurance, Taxes, OCONUS locations, Software Licensing, Warranties, Technical Data, Inspection, Delivery, Payments, Funds, Changes, Termination, Contract Type, Etc.).

These additional provisions and clauses may require the OCO to “fill-in” applicable information within the provision or clause.

The OCO must identify in the task order solicitation whether FAR Part 12 commercial clauses/provisions apply or do not apply. If FAR Part 12 applies, the OCO must include all applicable commercial provisions and clauses in the task order solicitation.

For T&M and/or L-H task orders only, the OCO must identify one of the following provisions in the task order solicitation.

(END OF SECTION I)