ATTACHMENT 0007 Addendum to FAR Provision 52.212-4.docx
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- Grounds Maintenance at Pine Bluff Arsenal
- Solicitation number
- W52P1J-20-R-GRND
About this file
This document contains a solicitation for grounds maintenance services at Pine Bluff Arsenal. The solicitation seeks grounds maintenance to be performed at Pine Bluff Arsenal, including tasks such as grounds maintenance, pruning, and landscaping. The required services are to be provided under a fixed-price contract awarded by the Department of the Army Materiel Command Joint Munitions Command. Offerors are instructed to review the solicitation attachments for additional details on insurance requirements, option terms, and incorporated FAR provisions and clauses. The solicitation includes standard commercial items language and provisions.
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ATTACHMENT 0007:
ADDENDUM to FAR PROVISION 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS
The following Federal Acquisition Regulation (FAR) and Department of Defense Federal Acquisition Regulation Supplement (DFARS) provisions are incorporated by full text.
FAR Provision 52.204-24, Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (DEC 2019)
The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services - Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications – Commercial Items.
(a) Definitions. As used in this provision – “Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing –
(1) A service that connects to the facilities of a third party, such as backhaul, roaming, or interconnection arrangements; or
(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packages that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(d) Representation. The offeror represents that it _____ will, _____ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract, or other contractual instrument resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services, the Offeror shall provide the following information as part of the offer –
(1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);
(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision;
(3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision)
FAR Provision 52.204-26, Covered Telecommunications Equipment or Services – Representation (DEC 2019)
(a) Definitions. As used in this provision, “covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”.
(c) Representation. The Offeror represents that it _____ does, _____ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.
FAR Provision 52.217-5, Evaluation of Options (JUL 1990)
Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the options(s).
FAR Provision 52.233-2, Service of Protest (SEPT 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (address as follows) by obtaining written and dated acknowledgement of receipt from Elizabeth.w.zaharopoulos.civ@mail.mil.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
FAR 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):
https://www.acquisition.gov http://farsite.hill.af.mil http://www.arnet.gov/far http://akss.dau.mil/jsp/default.jsp
The following FAR and DFARS clauses are incorporated by full text.
FAR Clause 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 14 calendar days prior to date of contract expiration.
(End of clause)
FAR Clause 52.217-9, Option to Extend the Term of the Contract (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day prior to contract expiration date; 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 the 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 5 years.
FAR Clause 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5 332.
This Statement is for Information Only: It is not a Wage Determination.
| Employee Class |
| Monetary Wage-Fringe Benefits |
| Laborer Grounds Maintenance |
| Hourly Rate is $11.23 |
| Pruner |
| Hourly Rate is $10.23 |
(End of Clause)
FAR Clause 52.228-5, Insurance – Work On A Government Installation (JAN 1997)
| (a) The Contractor shall, at its own expense, provide and maintain during the entire | performance of this contract, at least the kinds and minimum amounts of insurance | required in the Schedule or elsewhere in the contract. | |||
| (b) Before commencing work under this contract, the Contractor shall notify the | Contracting Officer in writing that the required insurance has been obtained. The policies | evidencing required insurance shall contain an endorsement to the effect that any | cancellation or any material change adversely affecting the Government’s interest shall | not be effective- | |
| (1) For such period as the laws of the State in which this contract is to be | performed prescribe; or | ||||
| (2) Until 30 days after the insurer or the Contractor gives written notice to the | Contracting Officer, whichever period is longer. | ||||
| (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in | subcontracts under this contract that require work on a Government installation and shall | require subcontractors to provide and maintain the insurance required in the Schedule or | elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors’ | proofs of required insurance, and shall make copies available to the Contracting Officer | upon request. |
(End of clause)
| Pursuant to paragraph (a) of FAR Clause 52.228-5, “Insurance – Work On A Government | Installation”, the Contractor shall procure and maintain the following insurance during the | entire period of performance under this contract: | ||||||||||||||||||
| TYPE | AMOUNT | |||||||||||||||||||
| Worker’s Compensation | As required by Law | |||||||||||||||||||
| Employer’s Liability | Minimum liability limit $100,000 | |||||||||||||||||||
| General Liability | Minimum bodily injury limits, $500,000 per | occurrence | ||||||||||||||||||
| Automobile Liability | Minimum liability of $200,000 per person, | $500,000 per occurrence for bodily injury, | and $20,000 per occurrence for property | damage | ||||||||||||||||
| Aircraft Public and Passenger Liability | Coverage required when contract | performance involves use of aircraft: | Minimum liability of $200,000 per person, | $500,000 per occurrence for bodily injury, | other than passenger liability, and | $200,000 per occurrence for property | damage. Passenger liability shall be at | least $200,000 multiplied by the number | of seats or number of passengers, | whichever is greater. | ||||||||||
| Vessel Collision Liability | Coverage required when contract | performance involves use of vessels: | Minimum liability of $5,000,000 or the | market value of the property being | shipped by vessel, whichever is greater. |
FAR Clause 52.232-39, Unenforceability of Unauthorized Obligations (JUN 2013)
(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(1) Any such clause is unenforceable against the Government.
(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g. “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.
(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
FAR 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):
https://www.acquisition.gov http://farsite.hill.af.mil http://www.arnet.gov/far http://akss.dau.mil/jsp/default.jsp
DFARS 252.201-7000, Contracting Officer’s Representative (DEC 1991)
| (a) Definition. Contracting officer's representative means an individual designated in | accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation | Supplement and authorized in writing by the contracting officer to perform specific | technical or administrative functions. | |
| (b) If the Contracting Officer designates a contracting officer's representative (COR), the | Contractor will receive a copy of the written designation. It will specify the extent of the | COR's authority to act on behalf of the contracting officer. The COR is not authorized to | make any commitments or changes that will affect price, quality, quantity, delivery, or any | other term or condition of the contract. |
DFARS 252.232-7006, Wide Area Workflow Payment Instructions (DEC 2018)
(a) Definitions. As used in this clause – “Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area Workflow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by the Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall –
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this website.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed-price line items –
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer: COMBO
(iii) For customary progress payments, submit a performance based request.
(iv) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation 52.213-1 is included in the contract.
[Note: the Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
ROUTING DATA TABLE
| Field Name in WAWF | Data to be Entered in WAWF | ||
| Pay Official DoDAAC | HQ0303 | ||
| Issue By DoDAAC | W52P1J | ||
| Admin DoDAAC | W52P1J | ||
| Inspect by DoDAAC | W911RP | ||
| Ship To Code | N/A | ||
| Ship From Code | N/A | ||
| Mark For Code | N/A | ||
| Service Approver (DoDAAC) | W911RP | ||
| Service Acceptor (DoDAAC) | W911RP | ||
| Accept at Other DoDAAC | N/A | ||
| LPO DoDAAC | N/A | ||
| DCAA Auditor DoDAAC | N/A | ||
| Other DoDAAC(s) | N/A |
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(6) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact: Not applicable.
(2) Contact the WAWF helpdesk at 866-618-5988 if assistance is needed.
The following FAR provisions apply to this solicitation and are incorporated by reference.
FAR Provision 52.204-6, Unique Entity Identifier (OCT 2016)
FAR Provision 52.204-7, System for Award Management (OCT 2018)
FAR Provision 52.204-16, Commercial and Government Entity Code Reporting (JUL 2016)
FAR Provision 52.204-22, Alternative Line Item Proposal (JAN 2017)
FAR Provision 52.209-7, Information Regarding Responsibility Matters (OCT 2018)
FAR Provision 52.212-1, Instructions to Offerors – Commercial Items (JUN 2020)
FAR Provision 52.225-25, Prohibition on contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications (AUG 2018)
FAR Provision 52.252-3, Alterations in Solicitation (APR 1984)
FAR Provision 52.252-5, Authorized Deviations in Provisions (APR 1984)
DFARS Provision 252.203-7005, Representation Relating to Compensation of Former DoD Officials (NOV 2011)
DFARS Provision 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls (OCT 2016)
DFARS Provision 252.204-7016, Covered Defense Telecommunications Equipment or Services – Representation (DEC 2019)
DFARS Provision 252.204-7017, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services – Representation (DEC 2019)
DFARS Provision 252.215-7007, Notice of Intent to Resolicit (JUN 2012)
DFARS Provision 252.215-7008, Only One Offer (JUL 2019)
DFARS Provision 252.215-7009, Proposal Adequacy Checklist (JAN 2014)
DFARS Provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data – Basic (JUL 2019)
DFARS Provision 252.215-7012, Requirements for Submission of Proposals via Electronic Media (JAN 2018)
DFARS Provision 252.215-7013, Supplies and Services Provided by Nontraditional Defense Contractors (JAN 2018)
The following FAR and DFARS clauses apply to this solicitation and are incorporated by reference.
FAR Clause 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (APR 2014)
FAR Clause 52.204-4, Printed or Copied Double-Sided on Post-Consumer Fiber Content Paper (MAY 2011)
FAR Clause 52.204-12, Unique Entity Identifier Maintenance (OCT 2016)
FAR Clause 52.204-13, System for Award Management Maintenance (OCT 2018)
FAR Clause 52.204-18, Commercial and Government Entity Code Maintenance (JUL 2016)
FAR Clause 52.204-19, Incorporation by Reference of Representations and Certifications (DEC 2014)
FAR Clause 52.211-11, Liquidated Damages – Supplies, Services, or Research and Development (SEP 2000) ???
FAR Clause 52.223-5, Pollution Prevention & Right-to-Know Information (MAY 2011)
FAR Clause 52.223-6, Drug-Free Workplace (MAY 2001)
FAR Clause 52.228-11, Pledges of Assets (Deviation 2020-O0016)
FAR Clause 52.229-3, Federal, State, and Local Taxes (FEB 2013)
FAR Clause 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (DEC 2013)
FAR Clause 52.237-1, Site Visit (APR 1984)
FAR Clause 52.237-2, Protection of Government Buildings, Equipment and Vegetation (APR 1984)
FAR Clause 52.237-3, Continuity of Services (JAN 1991)
FAR Clause 52.243-1 Alternate I, Changes – Fixed-Price (AUG 1987)
FAR Clause 52.242-13, Bankruptcy (JUL 1995)
FAR Clause 52.247-34, F.O.B. Destination (NOV 1991)
FAR Clause 52.252-4, Alterations in Contract (APR 1984)
FAR Clause 52.252-6, Authorized Deviations in Clauses (APR 1984)
DFARS Clause 252.203-7000 – Requirements Relating to Compensation of Former DOD Officials (SEPT 2011)
DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (SEP 2011)
DFARS 252.203-7001, Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies (DEC 2008)
DFARS 252.203-7002, Requirement to Inform Employees of Whistleblower Rights (SEP 2013)
DFARS 252.232-7003, Agency Office of the Inspector General (AUG 2019)
DFARS 252.203-7005, Representation Relating to Compensation of Former DoD Officials (NOV 2011)
DFARS 252.204-7003, Control of Government Personnel Work Product (APR 1992)
DFARS 252.204-7004, DoD Antiterrorism Awareness Training for Contractors (FEB 2019)
DFARS 252.204-7018, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services (DEC 2019)
DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders (DEC 1991)
DFARS 252.209-7004, Subcontracting with Firms That Are Owned or Controlled by the Government of a Country That is a State Sponsor of Terrorism (MAY 2019)
DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports (DEC 2018)
DFARS 252.232-7004, DoD Progress Payment Rates (OCT 2014)
DFARS 252.223-7006, Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials – Basic (SEP 2014)
DFARS 252.223-7008, Prohibition of Hexavalent Chromium (JUN 2013)
DFARS 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (APR 2019)
DFARS 252.232-7010, Levies on Contract Payments (DEC 2006)
DFARS 252.243-7001, Pricing of Contract Modifications (DEC 1991)
UNCLASSIFIED
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