Attachment_1-Solicitation.pdf
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- Attached to
- KP LIGHTHOUSE REPAIRS Federal contract opportunity
- Solicitation number
- 140FHR24R0005
About this file
This document is a Solicitation, Offer, and Award (Standard Form 1442) for a firm fixed-price construction contract for KP Lighthouse Lantern Repairs at the Kilauea Point National Wildlife Refuge in Hawaii.
The solicitation is issued by the U.S. Fish & Wildlife Service under solicitation number 140FHR24R0005. The requirement is for a contractor to provide all labor, equipment, materials, tools, transportation, and incidental items to perform the lighthouse lantern repairs. The procurement method is a full and open competition after exclusions under FAR Part 19. The period of performance is 365 calendar days from the notice to proceed. Proposals are due by September 25, 2024. The government intends to award a single firm fixed-price contract based on the best value continuum evaluation. The North American Industry Classification Code is 237220 (Commercial and Institutional Building Construction) with a size standard of $45 million. The estimated magnitude of the project is between $1 and $5 million.
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Text version
SOLICITATION, OFFER,
AND AWARD
2. TYPE OF SOLICITATION
6. PROJECT NO. 4. CONTRACT NO. 5. REQUISITION/PURCHASE REQUEST NO.
PAGE OF PAGES
7. ISSUED BY CODE 8. ADDRESS OFFER TO
SOLICITATION
(Construction, Alteration, or Repair)
1. SOLICITATION NO. 3. DATE ISSUED
IMPORTANT -- The "offer" section on the reverse must be fully completed by offeror.
9.
INFORMATION CALL
a. NAME b. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder."
FOR
SEALED BID (IFB)
NEGOTIATED (RFP)
0040669765
FWS, Hurricane & Recovery
FWS, Hurricane & Recovery
5275 Leesburg Pike Falls Church VA 22041
FHR
joann_mallory@fws.gov
Joann Mallory 4046797274
1x 08/26/2024
140FHR24R0005
INVITATION FOR BID
REQUEST FOR PROPOSAL
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no., date)
Project Title: KP Lighthouse Lantern Repairs
Place of Performance:
Kilauea Point National Wildlife Refuge (NWR)
3500 Kilauea Rd, Kilauea, HI 96754
The General Contractor shall provide all labor, equipment, materials, tools, transportation, and incidental items for Lighthouse Lantern Repairs.
The Procurement Method:
The United States Fish & Wildlife Agency anticipate award of a Firm Fixed Price Full
& Open after Exclusions in accordance with FAR PART 19.
Basis of Award:
FAR 15.101 Best Value Continuum
Contract Type: Firm Fixed Price
Pre-Bid-Proposal Conference & Site Visit:
Continued ...
11. The Contractor shall begin performance within
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
award, notice to proceed. The performance period is mandatory negotiable. (See ________________________________________________.)
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and is not required.is, b. An offer guarantee
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.
(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.
d. Offers providing less than
12b. CALENDAR DAYSYES NO
(If "YES", indicate within how many calendar days after award in Item 12b.)
10 365 calendar days and complete it within ________________ ________________ calendar days after receiving
09/25/2024
NSN 7540-01-155-3212
x x x x copies to perform the work required are due at the place specified in Item 8 by _____________ ___________________ (hour) local time calendar days for Government acceptance after the date offers are due will not be considered and will be rejected . _________________
STANDARD FORM 1442 (Rev. 12/2022)
Prescribed by GSA
FAR(48 CFR) 53.236-1(d)
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 the Government in writing within ____________________ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in item 13d. Failure to insert any number means the offeror accepts the minimum in item 13d.)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than item 14.)
CODE FACILITY CODE
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
OFFER (Must be fully completed by offeror)
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT NO.
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)
21. ITEMS ACCEPTED:
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO THE UNITED STATES CODE AT
26. ADMINISTERED BY CODE 27. PAYMENT WILL BE MADE BY
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
(Contractor is required to sign this document 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) this 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)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA 31c. DATE
BY
2PAGE OF
FWS, Hurricane & Recovery FWS, Hurricane & Recovery
5275 Leesburg Pike Falls Church VA 22041
FHR
Tracy Gamble
28. NEGOTIATED AGREEMENT 29. AWARD
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.
copies to issuing office.) Contractor agrees to furnish
10 U.S.C. 3204(a) 41 U.S.C. 3304(a)
STANDARD FORM 1442 (REV. 12/2022) BACK
Continued...
and return
(Contractor is not required to sign this document.) Your offer on this
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
3 4
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140FHR24R0005
A Pre-Bid Proposal Conference/Site Visit will be scheduled accordingly. Offeror are encouraged to inspect the site where the work will be performed. Information on scheduling a site visit can be found in Section L.
The North American Industrial Classification Code
(NAICS) for this Acquisition is 237220
(Commercial and Institutional Building
Construction) with Size Standard of $45 Million.
Pursuant to Subpart 36.204 of the Federal
Acquisition Regulation (FAR), the estimated magnitude for the entire project is between
$1,000,000 and $5,000,000.
Period of Performance:
Construction Services-365 Calendar Days
Bonds & Insurance Requirements:
SF 24 Bid Bond (Clause FAR 52.228-1)
SF 25 Performance Bond (Clause - FAR 52.228-15)
SF 25-A Payment Bond (Clause - FAR 52.228-15)
Insurance (Clauses-FAR 52.228-5)
Proposal Due Date:
Unless changed by amendment, your proposal is due by the date and time specified in Block 13 of the
Standard Form 1442, Solicitation, Offer, and
Award. Request for clarification and questions to this solicitation submitted in writing via email to Contracting Officer, JoAnn Mallory
Joann_mallory@fws.gov no later than five (5)
Calendar Days prior to the proposal closing date.
Delivery: 03/30/2025
Delivery Location Code: 0008349183
FWS KILAUEA POINT NWR
C/O KAUAI NWR COMPLEX
P.O. BOX 1128
KILAUEA HI 96754-1128 US
00010 KP Lighthouse Lantern Repairs
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
ITEM NO.
(A)
SUPPLIES/SERVICES
(B)
QUANTITY
(C)
UNIT
(D)
UNIT PRICE
(E)
AMOUNT
(F)
NAME OF OFFEROR OR CONTRACTOR
4 4
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
140FHR24R0005
00020 Option A: Cleaning and Restoration of 2n
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
KP Lighthouse Lantern Repairs SOLICITATION NO. 140FHR24R0005
FWS
Section Title
Part I—The Schedule
A Solicitation/contract form
B Supplies or services and prices
C Description/specifications
D Packaging and marking
E Inspection and acceptance
F Deliveries or performance
G Contract administration data
H Special contract requirements
Part II—Contract Clauses
I Contract clauses
Part III—List of Documents, Exhibits, and Other Attachments
J List of documents, exhitibs, and other attachments
Part IV—Representations and Instructions
K Representations, certifications, and other statements of bidders
L Instructions, conditions, and notices to bidders
M Evaluation factors for award
SECTION A- SOLICITATON/CONTRACT FORM
SEE ATTACH STANDARD FORM 1442
SECTION B – SUPPLIES OR SERVICES AND PRICES
Name of Firm: ________________________________________________________________________
Address: ____________________________________________________________________________
City: __________________________________ State: __________ Zip Code: __________________
UEI Number: ___________________________ CAGE Code: ____________________________
Name and Title of Firm’s Point of Contact: _________________________________________________
Phone Number: ________________________ Email Address: _________________________
This requirement is for one (1) Firm Fixed Price Construction contract for KP Lighthouse Lantern Repairs in Kilauea Point National Wildlife Refuge(NWR)
BASE BID Tasks:
Task Description Amount
1 Mobilization and Verification
2 Removal and Reinstallation of 2nd Order Fresnel Lens
3 Weatherproofing of Lantern Curtain Wall Glass
4 Restore Operation of the Ventilator Ball
5 Removal and Replacement of Sill Cover Plates
6 Removal and Replacement of Service Room Wall Vents
7 Close-Out and Demobilization
Total Base Bid Tasks:
OPTION Tasks:
Task Description Amount
8 OPTION A: Cleaning/Restoration of 2nd Order Fresnel Lens
(End of Section B)
SECTION C – DESCRIPTION/SPECIFICATIONS
The Contractor shall furnish all labor, materials, equipment, and supervision required for the location described in the statement of work or as shown in the contract drawings and specifications. See Attachment(s).
(End of Section C)
SECTION D – PACKAGING AND MARKING
D.1.0 PAYMENT OF POSTAGE AND FEES
All postage and fees related to submitting information, forms, reports, etc., to the CO or the COR shall be paid by the contractor.
D.2.0 MARKINGS
All information submitted to the Contracting Officer or the Contracting Officer’s Representative shall clearly indicate the Contract Number of the contract for which the information is being submitted.
(End of Section D)
SECTION E – INSPECTION AND ACCEPTANCE
The following clauses are incorporated by reference:
52.246-12 INSPECTION OF CONSTRUCTION AUG 1996
52.246-13 INSPECTION – DISMANTLING, DEMOLITION, OR REMOVAL OF
IMPROVEMENTS
AUG 1996
(End of Section E)
SECTION F – DELIVERIES OR PERFORMANCE
52.211-13 TIME EXTENSIONS SEP 2000
52.211-18 VARIATION IN ESTIMATED QUANTITY APR 1984
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS APR 1984
52.242-14 SUSPENSION OF WORK APR 1984
F.1.0 PERIOD OF 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 180 days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.
(End of Clause)
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 10/31/2024. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
F.2.0 PROGRESS PLAN
At the prework conference, the Contractor shall provide to the COR a written "work progress plan" that details its proposed work force and schedule to provide for orderly completion of the work within the contract performance time. This work schedule must be acceptable to the Government. At a minimum, the schedule must reflect a work progress rate equal to the available amount of contract performance time.
(End of Clause)
52.211-12 – LIQUIDATED DAMAGES – CONSTRUCTION (SEPT 2000)
(a) If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the Government in the amount of Not Applicable for each calendar day of delay until the work is completed or accepted.
(b) If the Government terminates the Contractor’s right to proceed, liquidated damages will continue to accrue until the work is completed. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of Section F)
SECTION G – CONTRACT ADMINISTRATION DATA
Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (February 2021)
Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
1. Invoice billed according to contract line items and rates.
2. Certified payrolls and Statement of Compliance in accordance with clause 52.222-8.
3. If the partial payment is billed and the invoice states a lump sum, the invoice shall include an itemized breakdown and narrative progress summary of the work performed during this invoice period.
4. If final payment is billed, the last invoice shall state “FINAL”.
5. Contractor’s Release of Claims shall be submitted with the final invoice.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone
(866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation.
(End of Local Clause) (End of Section G) https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H.1.0 WORK HOURS
Unless otherwise specified in Section C, Specifications, work hours under this contract shall be limited to the time between one-half hour before sunrise to one-half hour after sunset each day. No work will be done on Saturday, Sunday, or Federal holidays unless authorized by the COR. Unless approved by the Facilities Manager and or on-site management team, work hours are Monday thru Friday, from 7:30 am until 4:30 pm except for federal holidays. Work shall be performed during these hours unless alternate hours are prearranged with the Project Leader and Facilities Manager. Contractor shall notify the Facility Manager a minimum of seven (7) days prior to arrival on-site and/or needing access to any of the buildings.
H.2.0 ENVIRONMENTAL INTERRUPTION OF WORK
H.2.1 Environmental - The Contracting Officer, by issuance of a suspend work order, may direct the Contractor to shut down any work that may be subject to damage due to weather conditions, fire danger, or because it is impracticable to work during the winter season. The Contractor will be given a resume work order which will document the date the work suspension ends. The Contractor will not be entitled to additional monetary compensation for such suspensions regardless of duration.
H.2.2 Endangered Species - The Government may direct the Contractor to discontinue all operations in the event that listed or proposed threatened or endangered plants or animals protected under the Endangered Species Act of 1973, as amended, are discovered to be present in or adjacent to the project area.
H.3.0 DRAWINGS
H.3.1 Reduced Size Drawings. Drawings appearing in this package may be photographically reduced in size. Accordingly, measurements and dimensions should not be taken or be based on any numerical scales shown. The Contractor may request full-size drawings from the COR.
H.4.0 PRESERVATION OF HISTORICAL AND ARCHEOLOGICAL DATA
H.4.1 Public Law 93-291, May 24, 1974, provides for the preservation of scientific, prehistorical, and archeological data (including relics and specimens) which might otherwise be lost due to alteration of the terrain as a result of any Federal construction project.
H.4.2 The Contractor agrees that should any contractor employee, in the performance of this contract, discover evidence of possible scientific, prehistorical, historical, or archeological data the contractor will notify the Contracting Officer immediately in writing giving the location and nature of the findings.
H.4.3 Where appropriate by reason of discovery, the Contracting Officer may order delays in the time of performance and/or changes in the work. If such delays and/or changes are ordered, the time of performance and contract price shall be adjusted in accordance with the applicable clauses in the Contract Clauses Section of this contract.
H.4.4 The Contractor agrees to insert this requirement in all subcontracts which involve the performance of work on the terrain of the site.
H.5.0 SUBSTITUTION – PROCESSION OF WORK
Any proposed key personnel, minimum qualifications for incoming or replacement key personnel, subcontractors, processes, procedures or materials included in the quotation are hereby incorporated into the contract. Performance shall be limited to the personnel, qualifications, firms, procedures, and materials that were specifically identified in the RFQ response. The Contractor shall obtain the Contracting Officer’s written consent before making any substitutions or changes. All substitutions or replacements shall comply with the terms and conditions of the contract.
H.6.0 ENVIRONMENTAL IMPACT
All waste materials generated by any work under the contract performed on a Government installation shall at all times be handled, transported, stored, and disposed of by the contractor and by his subcontractors in accordance with all applicable Federal, state, and local laws, ordinances, regulations, court orders, and other types of rulings having the effect of the law, including, but not limited to Executive Order 12088, 13 October 1978, Federal Compliance with Pollution Control Standards; the Federal Water Pollution Control Act, as amended (33 U.S.C.
1251 ET SEQ); the Clean Air Act as amended (42 U.S.C. Sec 7401 ET SEQ); the Endangered Species Act, as amended (16 U.S.C. Sec 1531, ET SEQ); the Toxic Substances Control Act, as amended (15 U.S.C. Sec 2601, ET SEQ); the National Historic Preservation Act, as amended (16 U.S.C. Sec 470, ET SEQ); the Solid Waste Disposal Act, as amended (42 U.S.C. 6901 ET SEQ); and the Archaeological and Historic Preservation Act, as amended (16 U.S.C. Sec 469, ET SEQ).
Should the United States Government be held liable for any neglect or improper actions by the contractor or any subcontractor regarding removal or disposal of any hazardous waste, the contractor shall reimburse the Government for all such liability.
H.7.0 HAZARDOUS MATERIALS
Any material suspected of being hazardous that is encountered during performance of a project shall immediately be brought to the attention of the Contracting Officer, at which time a determination will be made as to whether hazardous material testing shall be performed. If the Contracting Officer directs the contractor to perform tests, and/or the material is found to be of a hazardous nature requiring additional protective measures, a contract modification may be required, subject to equitable adjustment under the terms of the contract. The contractor is advised that friable and/or non-friable asbestos-containing material may be encountered in project areas. Friable asbestos-containing material is any material that contains more than one percent asbestos by weight, and that hand pressure can crumble, pulverize or reduce to powder when dry. Non-friable asbestos containing materials are materials in which asbestos fibers are bound by a matrix material, saturation, impregnation or coating.
Non-friable asbestos-containing materials do not normally release airborne asbestos fiber during routine handling and end-use. However, excessive fiber concentrations may be produced during uncontrolled abrading, sanding, drilling, cutting, machining, removal, demolition, or other similar activities. 29 CFR 1910.1001 shall be referenced in the event asbestos-containing materials are encountered. Friable asbestos-containing materials are not authorized for use in new construction or maintenance projects.
H.8.0 GREEN PROCUREMENT REQUIREMENTS
In the performance of this service or construction contract, the Contractor shall make maximum use of products identified on the mandatory environmental purchasing list at the following links, if applicable:
• U.S. EPA Comprehensive Procurement Guidelines published at www.epa.gov/cpg/products.htm.
• USDA Biobased product listings published at www.biopreferred.gov.
• Energy Star® product listings published at www.energystar.gov/products.
• FEMP Low Standby Power product listings published at http://energy.gov/eere/femp/covered-product-categories
Contractor shall comply with all reporting requirements of the following clauses when applicable (See Clause section):
• 52.223-1 Biobased Product Certification
• 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts
• 52.223-4 Recovered Material Certification
• 52.223-9 Estimate of Percentage of Recovered Material Content for EPA Designated Items
H.9.0 UNAUTHORIZED PERSONNEL
The contractor shall inform all personnel working under his jurisdiction (including subcontractor and visiting supplier personnel) that access to restricted areas outside of the immediate work area; excluding direct haul and access routes, contracting and Civil Engineering offices and points of supply and storage; is prohibited. Circulation of said personnel will be limited to official business only. Persons in violation of the above will be apprehended and appropriately disciplined.
H.10.0 DAVIS-BACON WAGE RATES APPLICABLE TO TRUCK DRIVERS
29 CFR 5.2(j) limits coverage of construction contractor or subcontractor employees performing as truck drivers under the Davis-Bacon Act (FAR 52.222-6) to only their time spent directly upon the "site of the work" or when hauling between the site of the work and a facility which is dedicated to and located in the proximity of the actual construction location. Other transportation of materials or supplies to or from the site of work by employees of the construction contractor or subcontractor is not “construction” at the site of work and accordingly is not subject to the Davis-Bacon Act.
http://www.epa.gov/cpg/products.htm http://www.bioprefferd.gov/ http://www.energystar.gov/products http://energy.gov/eere/femp/covered-product-categories
H.11.0 FIRE DANGER SEASON
If the COR allows the Contractor to continue work during periods of declared fire danger or season, the Contractor shall comply with all applicable state laws relating to fire prevention and with all special conditions of work as directed by the COR.
CONTRACTOR PERSONNEL SECURITY AND SUITABILITY REQUIREMENTS (DEC 2009)
Performance of this contract requires contractor personnel to have a Federal government-issued Personal Identify Verification (PIV) credential before being allowed unsupervised access to a DOI [facility and/or information system]. The Contracting Officer’s Representative (COR) or Contracting Officer’s Technical Representative (COR) will be the requesting official, and will make arrangements through a DOI Access Card Sponsor for personal identity verification and DOI Access Card issuance.
At least two weeks before start of contract performance, the Contractor must identify all contractor and subcontractor personnel who will require [physical and/or logical] access for performance of work under this contract. Physical Access means routine, unescorted or unmonitored access to non-public areas of a Federally-controlled facility. Logical Access means routine, unsupervised access to a Level 3 or 4 Federally controlled information system. The Contractor must make their personnel available at the place and time specified by the COR/COTR or DOI Access Card Sponsor in order to initiate screening and background investigations. The following forms and inquiries, or their equivalent, will be used to initiate the credentialing process:
• OPM Standard Form 85 or 85P
• OF 306
• National Criminal History Check (NCHC) (local procedures may require the fingerprinting to be done at a police station; in that case, any charges are to be borne by the contractor)
• Release to Obtain Credit Information
• PIV card application (web-based)
Before starting work under this contract, a National Criminal History Check (NCHC) will be initiated to verify the identity of the individual applying for clearance and to determine the individual’s suitability for the position. If the NCHC adjudication is favorable, a DOI Access Card will be issued for that individual. If the adjudication is unfavorable, the credentials will not be issued and the contractor must make other arrangements for performance of the work. In the event of a disagreement between the Contractor and the Government concerning the suitability of an individual to perform work under this contract, DOI shall have the right of final determination.
Contractor employees must give, and authorize others to give, full, frank, and truthful answers to relevant and material questions needed to reach a suitability determination. Refusal or failure to furnish or authorize provision of information may constitute grounds for denial or revocation of credentials. Government personnel may contact the contractor personnel being screened or investigated in person, by telephone or in writing, and the Contractor must ensure they are available for such contact.
Alternatively, if an individual has already been credentialed by another agency through OPM, and that credential has not yet expired, further investigation may not be necessary. In that case, the contractor must provide the COR/COTR with documentation that supports the individual’s credentialed status.
Contractor employees who have been successfully adjudicated will be issued DOI Access Cards, which must be activated as a USAccess Credentialing Center. Those Contractor employees not located within a reasonable travel time of a USAccess Credentialing Center will be screened and issued alternate credentials, such as temporary access badges.
During performance of the contract, the Contractor must keep the COR/COTR apprised of changes in personnel to ensure that performance is not delayed by compliance with credentialing processes. Cards that have been lost, damaged, or stolen must be reported to the COR/COTR and Issuing Office within 24 hours. If reissuance of expired credentials is needed, it must be coordinated through the COR/COTR.
At the end of contract performance, or when a contractor employee is no longer working under this contract, the Contractor must ensure that all identification cards are returned to the COR/COTR.
This requirement must be incorporated into any subcontracts that require subcontractor personnel to have routine unsupervised access to a Federally controlled facility for more than 180 calendar days or any unsupervised access to a Federally controlled Level 3 or 4 information system.
(End of clause)
(End of Section H)
SECTION I – 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):
Federal Acquisition Regulation (FAR) Clauses: https://www.acquisition.gov/browse/index/far (FAR clauses begin with 52)
Clause Title Date
52.202-1 DEFINITIONS JUN 2020
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 JUN 2020
52.203-7 ANTI-KICKBACK PROCEDURES JUN 2020
52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR
ILLEGAL OR IMPROPER ACTIVITY
MAY 2014
https://www.acquisition.gov/browse/index/far
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
JUN 2020
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT NOV 2021
52.203-14 DISPLAY OF HOTLINE POSTER(S) NOV 2021
52.203-15 WHISTLEBLOWER PROTECTIONS UNDER THE AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009
JUN 2010
52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST JUN 2020
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS NOV 2023
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS
JAN 2017
52.204-1 APPROVAL OF CONTRACT DEC 1989
52.204-2 SECURITY REQUIREMENTS--Alternate II MAR 2021
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER
SUBCONTRACT AWARDS
JUN 2020
52.204-12 UNIQUE ENTITY IDENTIFIER MAINTENANCE OCT 2016
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT 2018
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS OCT 2016
52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-
DELIVERY CONTRACTS
OCT 2016
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE AUG 2020
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND
CERTIFICATIONS
DEC 2014
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION
SYSTEMS
NOV 2021
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND
SERVICES DEVELOPED OR PROVIDED BY KAPERSKY LAB COVERED
ENTITIES
DEC 2023
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR
EQUIPMENT
NOV 2021
52.204-27 PROHIBITION ON A BYTEDANCE COVERED APPLICATION JUN 2023
52.204-29 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDER ACT
ORDERS—REPRESENTATION AND DISCLOSURES
DEC 2023
52.204-30 FEDERAL ACQUISITION SUPPLY CHAIN SECURITY ACT ORDERS-
PROHIBITION
DEC 2023
52.207-3 RIGHT OF FIRST REFUSAL OF EMPLOYMENT MAY 2006
52.207-5 OPTION TO PURCHASE EQUIPMENT FEB 1995
52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,
OR PROPOSED FOR DEBARMENT
NOV 2021
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING
RESPONSIBILITY MATTERS
OCT 2018
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC
CORPORATIONS
NOV 2015
52.210-1 MARKET RESEARCH NOV 2021
52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS APR 2008
52.215-2 AUDIT AND RECORDS—NEGOTIATION JUN 2020
52.215-8 ORDER OF PRECEDENCE—UNIFORM CONTRACT FORMAT OCT 1997
52.215-10 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING
DATA
AUG 2011
52.215-11 PRICE REDUCTION FOR DEFECTIVE CERTIFIED COST OR PRICING
DATA—MODIFICATIONS
JUN 2020
52.215-12 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA JUN 2020
52.215-13 SUBCONTRACTOR CERTIFIED COST OR PRICING DATA—
MODIFICATIONS
JUN 2020
52.216-4 ECONOMIC PRICE ADJUSTMENT—LABOR AND MATERIAL JAN 2017
52.216-6 PRICE REDETERMINATION—RETROACTIVE JAN 2022
52.216-7 ALLOWABLE COST AND PAYMENT--ALTERNATE I FEB 1997
52.217-8 OPTION TO EXTEND SERVICES NOV 1999
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL
BUSINESS CONCERNS
OCT 2022
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE NOV 2020
52.219-7 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE NOV 2020
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS FEB 2024
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN SEP 2023
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN--ALTERNATE II NOV 2016
52.219--9 SMALL BUSINESS SUBCONTRACTING PLAN--ALTERNATE IV SEP 2023
52.219-14 LIMITATIONS ON SUBCONTRACTING OCT 2022
52.219-16 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN SEP 2021
52.219-27 NOTICE OF SET-ASIDE FOR, OR SOLE-SOURCE AWARD TO, SERVICE-
DISABLED VETERAN-OWNED SMALL BUSINESS (SDVOSB) CONCERNS
ELIGIBLE UNDER THE SDVOSB PROGRAM
FEB 2024
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION FEB 2024
52.219-29 NOTICE OF SET-ASIDE FOR ECONOMICALLY DISADVANTAGED
WOMEN-OWNED SMALL BUSINESS CONCERNS
OCT 2022
52.219-30 NOTICE OF SET-ASIDE FOR WOMEN-OWNED SMALL BUSINESS
CONCERNS ELIGIBLE UNDER THE WOMEN-OWNED SMALL BUSINESS
PROGRAM
OCT 2022
52.219-33 NON-MANUFACTURER RULE SEP 2021
52.222-3 CONVICT LABOR JUN 2003
52.222-4 CONTRACT WORK HOURS AND SAFETY STANDARDS – OVERTIME
COMPENSATION
MAY 2018
52.222-6 CONSTRUCTION WAGE RATE REQUIREMENTS AUG 2018
52.222-7 WITHHOLDING OF FUNDS MAY 2014
52.222-8 PAYROLLS AND BASIC RECORDS JUL 2021
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
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
52.222-30 CONSTRUCTION WAGE RATE REQUIREMENTS – PRICE ADJUSTMENT
(NONE OR SEPARATELY SPECIFIED PRICING METHOD
AUG 2018
52.222-31 CONSTRUCTION WAGE RATE REQUIREMENTS – PRICE ADJUSTMENT
(PERCENTAGE METHOD)
AUG 2018
52.222-32 CONSTRUCTION WAGE RATE REQUIREMENTS – PRICE ADJUSTMENT
(ACTUAL METHOD)
AUG 2018
52.222-34 PROJECT LABOR AGREEMENT JAN 2024
52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUN 2020
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUN 2020
52.222-37 EMPLOYMENT REPORTS ON VETERANS JUN 2020
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR
RELATIONS ACT
DEC 2010
52.222-50 COMBATING TRAFFICKING IN PERSONS NOV 2021
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION MAY 2022
52.222-55 MINIMUM WAGES FOR CONTRACTOR WORKERS UNDER EXECUTIVE
ORDER 14026
JAN 2022
52.222-62 PAID SICK LEAVE UNDER EXECUTIVE ORDER 13706 JAN 2022
52.223-2 REPORTING OF BIOBASED PRODUCTS UNDER SERVICE AND
CONSTRUCTION CONTRACTS
MAY 2024
52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY
DATA--ALTERNATE I
JUL 1995
52.223-5 POLLUTION PREVENTION & RIGHT-TO-KNOW INFORMATION MAY 2024
52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING
POTENTIAL HYDROFLUOROCARBONS
MAY 2024
52.223-12 MAINTENANCE, SERVICE, REPAIR, OR DISPOSAL OF REFRIGERATION
EQUIPMENT AND AIR CONDITIONERS
MAY 2024
52.223-19 COMPLIANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS MAY 2011
52.223-20 AEROSOLS MAY 2024
52.223-21 FOAMS MAY 2024
52.225-9 BUY AMERICAN—CONSTRUCTION MATERIALS OCT 2022
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB 2021
52.226-1 UTILIZATION OF INDIAN ORGANIZATIONS AND INDIAN-OWNED
ECONOMIC ENTERPRISES
JUN 2000
52.227-1 AUTHORIZATION AND CONSENT JUN 2020
52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT
JUN 2020
52.227-4 PATENT INDEMNITY-CONSTRUCTION CONTRACTS DEC 2007
52.228-2 ADDITIONAL BOND SECURITY OCT 1997
52.228-5 INSURANGE-WORK ON A GOVERNMENT INSTALLATION JAN 1997
52.228-11 INDIVIDUAL SURETY—PLEDGES OF ASSETS FEB 2021
52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS DEC 2022
52.228-14 IRREVOCABLE LETTER OF CREDIT NOV 2014
52.228-15 PERFORMANCE AND PAYMENT BONDS—CONSTRUCTION JUN 2020
52.229-2 NORTH CAROLINE STATE AND LOCAL SALES AND USE TAX APR 1984
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
OCT 2018
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN 2013
52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSNIESS
SUBCONTRACTORS
MAR 2023
52.233-1 DISPUTES MAY 2014
52.233-1 DISPUTES--ALTERNATE 1 DEC 1991
52.233-3 PROTEST AFTER AWARD AUG 1996
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004
52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR APR 1984
52.236-2 DIFFERING SITE CONDITIONS APR 1984
52.236-3 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK APR 1984
52.236-4 PHYSICAL DATA 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
52.236-13 ACCIDENT PREVENTION NOV 1991
52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES APR 1984
52.236-16 QUANTITY SURVEYS APR 1984
52.236-16 QUANTITY SURVEYS--ALTERNATE I APR 1984
52.236-17 LAYOUT OF WORK APR 1984
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION FEB 1997
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION – ALTERNATE
I
APR 1984
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION – ALTERNATE
II
APR 1984
52.236-26 PRECONSTRUCTION CONFERENCE FEB 1995
52.237-4 PAYMENT BY GOVERNMENT TO CONTRACTOR APR 1984
52.237-4 PAYMENT BY GOVERNMENT TO CONTRACTOR - ALTERNATE I APR 1984
52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS JAN 2017
52.242-13 BANKRUPTCY JUL 1995
52.243-4 CHANGES JUN 2007
52.244-2 SUBCONTRACTS JUN 2020
52.244-5 COMPETITION IN SUBCONTRACTING DEC 1996
52.244-6 SUBCONTRACTS FOR COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
FEB 2024
52.245-1 GOVERNMENT PROPERTY – Alternate I APR 2012
52.245-9 USE AND CHARGES APR 2012
52.246-21 WARRANTY OF CONSTRUCTION MAR 1994
52.246-21 WARRANTY OF CONSTRUCTION--ALTERNATE I APR 1984
52.248-3 VALUE ENGINEERING—CONSTRUCTION OCT 2020
52.249-2 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-
PRICE)--ALTERNATE I
SEP 1996
52.249-3 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
(DISMANTLING, DEMOLITION, OR REMOVAL OF IMPROVEMENTS)
APR 2012
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) APR 1984
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION)--ALTERNATE I APR 1984
52.253-1 COMPUTER GENERATED FORMS JAN 1991
The following clauses are provided in full text:
52.204-30 Federal Acquisition Supply Chain Security Act Orders—Prohibition (Dec 2023). As prescribed in 4.2306(c).
(a) Definitions. As used in this clause—
Covered article, as defined in 41 U.S.C. 4713(k), means— https://www.govinfo.gov/link/uscode/41/4713
(1) Information technology, as defined in 40 U.S.C. 11101, including cloud computing services of all types;
(2) Telecommunications equipment or telecommunications service, as those terms are defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153);
(3) The processing of information on a Federal or non-Federal information system, subject to the requirements of the Controlled Unclassified Information program (see 32 CFR part 2002); or
(4) Hardware, systems, devices, software, or services that include embedded or incidental information technology.
FASCSA order means any of the following orders issued under the Federal Acquisition Supply Chain Security Act (FASCSA) requiring the removal of covered articles from executive agency information systems or the exclusion of one or more named sources or named covered articles from executive agency procurement actions, as described in 41 CFR 201–1.303(d) and (e):
(1) The Secretary of Homeland Security may issue FASCSA orders applicable to civilian agencies, to the extent not covered by paragraph (2) or (3) of this definition. This type of FASCSA order may be referred to as a Department of Homeland Security (DHS) FASCSA order.
(2) The Secretary of Defense may issue FASCSA orders applicable to the Department of Defense (DoD) and national security systems other than sensitive compartmented information systems. This type of FASCSA order may be referred to as a DoD FASCSA order.
(3) The Director of National Intelligence (DNI) may issue FASCSA orders applicable to the intelligence community and sensitive compartmented information systems, to the extent not covered by paragraph (2) of this definition. This type of FASCSA order may be referred to as a DNI FASCSA order.
Intelligence community, as defined by 50 U.S.C. 3003(4), means the following—
(1) The Office of the Director of National Intelligence;
(2) The Central Intelligence Agency;
(3) The National Security Agency;
(4) The Defense Intelligence Agency;
(5) The National Geospatial-Intelligence Agency;
(6) The National Reconnaissance Office;
(7) Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs;
https://www.govinfo.gov/link/uscode/40/11101 https://www.govinfo.gov/link/uscode/47/153 https://www.ecfr.gov/current/title-32/part-2002 https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(d) https://www.ecfr.gov/current/title-41/section-201-1.303#p-201-1.303(e) https://www.govinfo.gov/link/uscode/50/3003
(8) The intelligence elements of the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Department of Energy;
(9) The Bureau of Intelligence and Research of the Department of State;
(10) The Office of Intelligence and Analysis of the Department of the Treasury;
(11) The Office of Intelligence and Analysis of the Department of Homeland Security; or
(12) Such other elements of any department or agency as may be designated by the President, or designated jointly by the Director of National Intelligence and the head of the department or agency concerned, as an element of the intelligence community.
National security system, as defined in 44 U.S.C. 3552, means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency—
(1) The function, operation, or use of which involves intelligence activities; involves cryptologic activities related to national security; involves command and control of military forces; involves equipment that is an integral part of a weapon or weapons system; or is critical to the direct fulfillment of military or intelligence missions, but does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications); or
(2) Is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy.
Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of any covered articles, or any products or services produced or provided by a source.
This applies when the covered article or the source is subject to an applicable FASCSA order.
A reasonable inquiry excludes the need to include an internal or third-party audit.
Sensitive compartmented information means classified information concerning or derived from intelligence sources, methods, or analytical processes, which is required to be handled within formal access control systems established by the Director of National Intelligence.
Sensitive compartmented information system means a national security system authorized to process or store sensitive compartmented information.
Source means a non-Federal supplier, or potential supplier, of products or services, at any tier.
(b) Prohibition.
https://www.govinfo.gov/link/uscode/44/3552
(1) Unless an applicable waiver has been issued by the issuing official, Contractors shall not provide or use as part of the performance of the contract any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA orders as follows:
(i) For solicitations and contracts awarded by a Department of Defense contracting office, DoD FASCSA orders apply.
(ii) For all other solicitations and contracts DHS FASCSA orders apply.
(2) The Contractor shall search for the phrase “FASCSA order” in the System for Award Management (SAM) at https://www.sam.gov to locate applicable FASCSA orders identified in paragraph (b)(1).
(3) The Government may identify in the solicitation additional FASCSA orders that are not in SAM, which are effective and apply to the solicitation and resultant contract.
(4) A FASCSA order issued after the date of solicitation applies to this contract only if added by an amendment to the solicitation or modification to the contract (see FAR 4.2304(c)). However, see paragraph (c) of this clause.
(5) (i) If the contractor wishes to ask for a waiver of the requirements of a new FASCSA order being applied through modification, then the Contractor shall disclose the following:
(A) Name of the product or service provided to the Government;
(B) Name of the covered article or source subject to a FASCSA order;
(C) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied or supplies the covered article or the product or service to the Offeror;
(D) Brand;
(E) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(F) Item description;
(G) Reason why the applicable covered article or the product or service is being provided or used;
(ii) Executive agency review of disclosures. The contracting officer will review disclosures provided in paragraph (b)(5)(i) to determine if any waiver is warranted. A contracting officer may choose https://www.sam.gov/ https://www.acquisition.gov/far/4.2304#FAR_4_2304 not to pursue a waiver for covered articles or sources otherwise covered by a FASCSA order and to instead pursue other appropriate action.
(c) Notice and reporting requirement.
(1) During contract performance, the Contractor shall review SAM.gov at least once every three months, or as advised by the Contracting Officer, to check for covered articles subject to FASCSA order(s), or for products or services produced by a source subject to FASCSA order(s) not currently identified under paragraph (b) of this clause.
(2) If the Contractor identifies a new FASCSA order(s) that could impact their supply chain, then the Contractor shall conduct a reasonable inquiry to identify whether a covered article or product or service produced or provided by a source subject to the FASCSA order(s) was provided to the Government or used during contract performance.
(3) (i) The Contractor shall submit a report to the contracting office as identified in paragraph (c)(3)(ii) of this clause, if the Contractor identifies, including through any notification by a subcontractor at any tier, that a covered article or product or service produced or provided by a source was provided to the Government or used during contract performance and is subject to a FASCSA order(s) identified in paragraph (b) of this clause, or a new FASCSA order identified in paragraph (c)(2) of this clause. For indefinite delivery contracts, the Contractor shall report to both the contracting office for the indefinite delivery contract and the contracting office for any affected order.
(ii) If a report is required to be submitted to a contracting office under (c)(3)(i) of this clause, the Contractor shall submit the report as follows:
(A) If a Department of Defense contracting office, the Contractor shall report to the website at https://dibnet.dod.mil.
(B) For all other contracting offices, the Contractor shall report to the Contracting Officer.
(4) The Contractor shall report the following information for each covered article or each product or service produced or provided by a source, where the covered article or source is subject to a FASCSA order, pursuant to paragraph (c)(3)(i) of this clause:
(i) Within 3 business days from the date of such identification or notification:
(A) Contract number;
(B) Order number(s), if applicable;
(C) Name of the product or service provided to the Government or used during performance of the contract;
https://dibnet.dod.mil/
(D) Name of the covered article or source subject to a FASCSA order;
(E) If applicable, name of the vendor, including the Commercial and Government Entity code and unique entity identifier (if known), that supplied the covered article or the product or service to the Contractor;
(F) Brand;
(G) Model number (original equipment manufacturer number, manufacturer part number, or wholesaler number);
(H) Item description; and
(I) Any readily available information about mitigation actions undertaken or recommended.
(ii) Within 10 business days of submitting the information in paragraph (c)(4)(i) of this clause:
(A) Any further available information about mitigation actions undertaken or recommended.
(B) In addition, the Contractor shall describe the efforts it undertook to prevent submission or use of the covered article or the product or service produced or provided by a source subject to an applicable FASCSA order, and any additional efforts that will be incorporated to prevent future submission or use of the covered article or the product or service produced or provided by a source that is subject to an applicable FASCSA order.
(d) Removal. For Federal Supply Schedules, Governmentwide acquisition contracts, multi-agency contracts or any other procurement instrument intended for use by multiple agencies, upon notification from the Contracting Officer, during the performance of the contract, the Contractor shall promptly make any necessary…
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