DOE NNSA Solicitation 89233120RNA000078.pdf
PDF 387 KB Posted
- Attached to
- Security Services
- Solicitation number
- 89233120RNA000078
About this file
This is a solicitation for security services. The scope of work includes a range of professional security services such as security program planning, physical security, protective force, alarm monitoring and response, security management and supervision, quality assurance, access control, security officer and visitor control specialist training, security patrols, implementing and maintaining appropriate staffing for all positions, non-security emergency response, plans and procedures development and implementation, alarm monitoring station, monitoring and dispatch, visitor control and HSPD-12 credential issuance and control, performance testing, report writing and other duties as required by DOE/NNSA orders and directives in the implementation of an effective security program. The solicitation is issued by the Department of Energy National Nuclear Security Administration for the Albuquerque Complex Kirtland AFB NM location.
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Other files
| File | Type | Posted |
|---|---|---|
| Attachment 1 Security Services PWS 031320..pdf | ||
| Attachment 5 Wage Determination.pdf | ||
| Attachment 6 Revised CBA Dated 16 April 2020.pdf | ||
| Attachment 3 Pricing Spreadsheet.xlsx | XLSX spreadsheet | |
| Attachment 8 Albuquerque Complex NACP.pptx | PPTX presentation | |
| Attachment 7 Solicitation_CSCS Form.pdf | ||
| APPENDIX 1 - Section L M.pdf | ||
| Attachment 4 NNS-K-1003 Certification.docx | DOCX document | |
| Attachment 9 Additional Clauses.pdf | ||
| Attachment 2 RRC.pdf |
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Text version
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
05113
P.O. Box 5400 Albuquerque Complex
NA-APM-124
NNSA Services Acquisition Branch
CODE 16. ADMINISTERED BYCODE
X
X
561612
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED OR892331
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
09/03/2020 1200 MD
08/05/2020
505-845-6075Stacey Halverson (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
89233120RNA000078
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 78 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
Albuquerque NM 87185-5400
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Albuquerque NM 87185-5400 P.O. Box 5400 Albuquerque Complex
NA-APM-12
NNSA Non M&O Contracting Operations
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$22.00
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULEX
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
NNSA Non MO Cntrctng Ops Div
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
X
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
Period of Performance: 12/01/2020 to 11/30/2025
00001 BASE PERIOD LABOR SECURITY SERVICES FOR SANDIA
FIELD OFFICE: The Contractor shall furnish all personnel, services, materials, supplies (except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary for or incident to the performance and providing Security Services for the DOE NNSA Albuquerque Complex and the New Albuquerque Complex Project in accordance with
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
X
XX
DATED
Tracy J. CDeBaca
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
the Performance Work Statement entitled "Security
Services" dated March 23, 2020 located under
Section J. Federal, state, and local taxes are included in the fully burdened labor rates to include the State of New Mexico, New Mexico Gross
Receipts Tax (NMGRT) that is billable under this
CLIN.
Period of Performance: 12/01/2020 to 11/30/2021
00002 BASE PERIOD MATERIALS FOR SECURITY SERVICES FOR 1 LS
SANDIA FIELD OFFICE: Travel for Security
Services. Travel is Base-lined at a Not To Exceed
(NTE) amount as listed in Attachment 3 entitled
Pricing Spreadsheet for this
Period-of-Performance (includes travel between the Albuquerque Complex and New Albuquerque
Complex Sites indicated within the PWS. The
Contractor shall be reimbursed for actual and reasonable allowable direct costs up to the NTE amount per year. This CLIN includes New Mexico
Gross Receipts Tax associated with ODCs only. The
Federal Travel Regulations (FTR) will apply to all travel costs in order to determine allowability. Direct costs are reimbursed on actual expenses incurred. The Contractor shall not exceed the levels for estimated Travel/Other
Direct Costs (ODCs) as set forth in this CLIN, without prior approval from the Contracting
Officer (CO) and Contracting Officer
Continued ...
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
78 2 of
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
NAME OF OFFEROR OR CONTRACTOR
3 78
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
89233120RNA000078
Representative (COR). Documentation for actual travel costs will be invoiced with receipts for all transportation, insurance and other direct costs associated with this effort. All requests for travel, with the exception of NMGRT, to include other direct costs shall be approved by the COR in writing prior to incurrence.
Documentation for travel, including a copy of the approval, must be submitted when invoicing for
Travel costs. The contractor shall not incur expenses for travel and other direct costs greater than the funded amount under this CLIN unless a modification has been issued to add funding, or the CO has provided written approval.
The contractor shall notify the CO in writing when funds in the amount of 85% of those available under this CLIN have been expended.
Profit and fee are not applicable to travel/ODC costs incurred.
Period of Performance: 12/01/2020 to 11/30/2021
00003 OPTION PERIOD 1 LABOR SECURITY SERVICES FOR
SANDIA FIELD OFFICE: The Contractor shall furnish all personnel, services, materials, supplies
(except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary for or incident to the performance and providing Security
Services for the DOE NNSA Albuquerque Complex and the New Albuquerque Complex Project in accordance with the Performance Work Statement entitled
"Security Services" dated March 23, 2020 located under Section J. Federal, state, and local taxes are included in the fully burdened labor rates to include the State of New Mexico, New Mexico Gross
Receipts Tax (NMGRT) that is billable under this
CLIN.
(Option Line Item)
Period of Performance: 12/01/2021 to 11/30/2022
00004 OPTION PERIOD 1 MATERIALS FOR SECURITY SERVICES 1 LS
FOR SANDIA FIELD OFFICE: Travel for Security
Services. Travel is Base-lined at a Not To Exceed
(NTE) amount as listed in Attachment 3 entitled
Pricing Spreadsheet for this
Period-of-Performance (includes travel between the Albuquerque Complex and New Albuquerque
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Sponsored by GSA
FAR (48 CFR) 53.110
4 78
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
89233120RNA000078
Complex Sites indicated within the PWS. The
Contractor shall be reimbursed for actual and reasonable allowable direct costs up to the NTE amount per year. This CLIN includes New Mexico
Gross Receipts Tax associated with ODCs only. The
Federal Travel Regulations (FTR) will apply to all travel costs in order to determine allowability. Direct costs are reimbursed on actual expenses incurred. The Contractor shall not exceed the levels for estimated Travel/Other
Direct Costs (ODCs) as set forth in this CLIN, without prior approval from the Contracting
Officer (CO) and Contracting Officer
Representative (COR). Documentation for actual travel costs will be invoiced with receipts for all transportation, insurance and other direct costs associated with this effort. All requests for travel, with the exception of NMGRT, to include other direct costs shall be approved by the COR in writing prior to incurrence.
Documentation for travel, including a copy of the approval, must be submitted when invoicing for
Travel costs. The contractor shall not incur expenses for travel and other direct costs greater than the funded amount under this CLIN unless a modification has been issued to add funding, or the CO has provided written approval.
The contractor shall notify the CO in writing when funds in the amount of 85% of those available under this CLIN have been expended.
Profit and fee are not applicable to travel/ODC costs incurred.
(Option Line Item)
Period of Performance: 12/01/2021 to 11/30/2022
00005 OPTION PERIOD 2 LABOR SECURITY SERVICES FOR
SANDIA FIELD OFFICE: The Contractor shall furnish all personnel, services, materials, supplies
(except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary for or incident to the performance and providing Security
Services for the DOE NNSA Albuquerque Complex and the New Albuquerque Complex Project in accordance with the Performance Work Statement entitled
"Security Services" dated March 23, 2020 located under Section J. Federal, state, and local taxes
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
5 78
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
89233120RNA000078
are included in the fully burdened labor rates to include the State of New Mexico, New Mexico Gross
Receipts Tax (NMGRT) that is billable under this
CLIN.
(Option Line Item)
Period of Performance: 12/01/2022 to 11/30/2023
00006 OPTION PERIOD 2 MATERIALS FOR SECURITY SERVICES 1 LS
FOR SANDIA FIELD OFFICE: Travel for Security
Services. Travel is Base-lined at a Not To Exceed
(NTE) amount as listed in Attachment 3 entitled
Pricing Spreadsheet for this
Period-of-Performance (includes travel between the Albuquerque Complex and New Albuquerque
Complex Sites indicated within the PWS. The
Contractor shall be reimbursed for actual and reasonable allowable direct costs up to the NTE amount per year. This CLIN includes New Mexico
Gross Receipts Tax associated with ODCs only. The
Federal Travel Regulations (FTR) will apply to all travel costs in order to determine allowability. Direct costs are reimbursed on actual expenses incurred. The Contractor shall not exceed the levels for estimated Travel/Other
Direct Costs (ODCs) as set forth in this CLIN, without prior approval from the Contracting
Officer (CO) and Contracting Officer
Representative (COR). Documentation for actual travel costs will be invoiced with receipts for all transportation, insurance and other direct costs associated with this effort. All requests for travel, with the exception of NMGRT, to include other direct costs shall be approved by the COR in writing prior to incurrence.
Documentation for travel, including a copy of the approval, must be submitted when invoicing for
Travel costs. The contractor shall not incur expenses for travel and other direct costs greater than the funded amount under this CLIN unless a modification has been issued to add funding, or the CO has provided written approval.
The contractor shall notify the CO in writing when funds in the amount of 85% of those available under this CLIN have been expended.
Profit and fee are not applicable to travel/ODC costs incurred.
(Option Line Item)
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
6 78
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
89233120RNA000078
Period of Performance: 12/01/2022 to 11/30/2023
00007 OPTION PERIOD 3 LABOR SECURITY SERVICES FOR
SANDIA FIELD OFFICE: The Contractor shall furnish all personnel, services, materials, supplies
(except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary for or incident to the performance and providing Security
Services for the DOE NNSA Albuquerque Complex and the New Albuquerque Complex Project in accordance with the Performance Work Statement entitled
"Security Services" dated March 23, 2020 located under Section J. Federal, state, and local taxes are included in the fully burdened labor rates to include the State of New Mexico, New Mexico Gross
Receipts Tax (NMGRT) that is billable under this
CLIN.
(Option Line Item)
Period of Performance: 12/01/2023 to 11/30/2024
00008 OPTION PERIOD 3 MATERIALS FOR SECURITY SERVICES 1 LS
FOR SANDIA FIELD OFFICE: Travel for Security
Services. Travel is Base-lined at a Not To Exceed
(NTE) amount as listed in Attachment 3 entitled
Pricing Spreadsheet for this
Period-of-Performance (includes travel between the Albuquerque Complex and New Albuquerque
Complex Sites indicated within the PWS. The
Contractor shall be reimbursed for actual and reasonable allowable direct costs up to the NTE amount per year. This CLIN includes New Mexico
Gross Receipts Tax associated with ODCs only. The
Federal Travel Regulations (FTR) will apply to all travel costs in order to determine allowability. Direct costs are reimbursed on actual expenses incurred. The Contractor shall not exceed the levels for estimated Travel/Other
Direct Costs (ODCs) as set forth in this CLIN, without prior approval from the Contracting
Officer (CO) and Contracting Officer
Representative (COR). Documentation for actual travel costs will be invoiced with receipts for all transportation, insurance and other direct costs associated with this effort. All requests for travel, with the exception of NMGRT, to include other direct costs shall be approved by
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
7 78
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
89233120RNA000078
the COR in writing prior to incurrence.
Documentation for travel, including a copy of the approval, must be submitted when invoicing for
Travel costs. The contractor shall not incur expenses for travel and other direct costs greater than the funded amount under this CLIN unless a modification has been issued to add funding, or the CO has provided written approval.
The contractor shall notify the CO in writing when funds in the amount of 85% of those available under this CLIN have been expended.
Profit and fee are not applicable to travel/ODC costs incurred.
(Option Line Item)
Period of Performance: 12/01/2023 to 11/30/2024
00009 OPTION PERIOD 4 LABOR SECURITY SERVICES FOR
SANDIA FIELD OFFICE: The Contractor shall furnish all personnel, services, materials, supplies
(except as may be expressly set forth in this contract as furnished by the Government) and otherwise do all things necessary for or incident to the performance and providing Security
Services for the DOE NNSA Albuquerque Complex and the New Albuquerque Complex Project in accordance with the Performance Work Statement entitled
"Security Services" dated March 23, 2020 located under Section J. Federal, state, and local taxes are included in the fully burdened labor rates to include the State of New Mexico, New Mexico Gross
Receipts Tax (NMGRT) that is billable under this
CLIN.
(Option Line Item)
Period of Performance: 12/01/2024 to 11/30/2025
00010 OPTION PERIOD 4 MATERIALS FOR SECURITY SERVICES 1 LS
FOR SANDIA FIELD OFFICE: Travel for Security
Services. Travel is Base-lined at a Not To Exceed
(NTE) amount as listed in Attachment 3 entitled
Pricing Spreadsheet for this
Period-of-Performance (includes travel between the Albuquerque Complex and New Albuquerque
Complex Sites indicated within the PWS. The
Contractor shall be reimbursed for actual and reasonable allowable direct costs up to the NTE amount per year. This CLIN includes New Mexico
Gross Receipts Tax associated with ODCs only. The
Continued ...
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
8 78
CONTINUATION SHEET
REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF
(A) (B) (C) (D) (E) (F)
89233120RNA000078
Federal Travel Regulations (FTR) will apply to all travel costs in order to determine allowability. Direct costs are reimbursed on actual expenses incurred. The Contractor shall not exceed the levels for estimated Travel/Other
Direct Costs (ODCs) as set forth in this CLIN, without prior approval from the Contracting
Officer (CO) and Contracting Officer
Representative (COR). Documentation for actual travel costs will be invoiced with receipts for all transportation, insurance and other direct costs associated with this effort. All requests for travel, with the exception of NMGRT, to include other direct costs shall be approved by the COR in writing prior to incurrence.
Documentation for travel, including a copy of the approval, must be submitted when invoicing for
Travel costs. The contractor shall not incur expenses for travel and other direct costs greater than the funded amount under this CLIN unless a modification has been issued to add funding, or the CO has provided written approval.
The contractor shall notify the CO in writing when funds in the amount of 85% of those available under this CLIN have been expended.
Profit and fee are not applicable to travel/ODC costs incurred.
(Option Line Item)
Period of Performance: 12/01/2024 to 11/30/2025
00011 DATA REPORTING REQUIREMENTS FOR BASE PERIOD AND 1 LO
ANY OPTION PERIODS EXERCISED: The contractor shall submit reports in accordance with Section
J: Attachment 2 entitled: Reporting Requirements
Checklist. This CLIN is Not Separately Priced
(NSP) and the price for these labor deliverables are included in CLIN 0001 as well as any of the option CLINs that may be exercised as follows:
0003, 0005, 0007, & 0009.
(Not Separately Priced)
NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)
Section A - Solicitation/Contract Form
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION. (JAN 2017)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS. (JAN 2017)
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS. (OCT 2016)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS.
(DEC 2014)
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS. (JUN
2016)
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES. (JUL 2018)
52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-REPRESENTATION.
(DEC 2019)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY
OR A FELONY CONVICTION UNDER ANY FEDERAL LAW. (FEB 2016)
52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (OCT 2018) -
ALTERNATE I (JAN 2017)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS - COMMERCIAL ITEMS. (JUL 2020)
52.224-3 PRIVACY TRAINING. (JAN 2017)
952.203-70 WHISTLEBLOWER PROTECTION FOR CONTRACTOR EMPLOYEES. (DEC 2000)
952.204-2 SECURITY REQUIREMENTS. (AUG 2016)
952.204-70 CLASSIFICATION/DECLASSIFICATION. (SEP 1997)
952.204-73 FACILITY CLEARANCE. (AUG 2016)
952.208-70 PRINTING. (APR 1984)
952.215-70 KEY PERSONNEL. (DEC 2000)
952.225-71 COMPLIANCE WITH EXPORT CONTROL LAWS AND REGULATIONS (EXPORT
CLAUSE) (NOV 2015)
970.5223-1 INTEGRATION OF ENVIRONMENT, SAFETY, AND HEALTH INTO WORK PLANNING
AND EXECUTION. (DEC 2000)
Section B - Supplies or Services/Prices
DOE-B-2013 OBLIGATION OF FUNDS (OCT 2014)
Section C - Description/Specifications
DOE-C-2002 PERFORMANCE WORK STATEMENT (OCT 2014)
DOE-C-2003 REPORTS (OCT 2014)
Section D - Packaging and Marking
DOE-D-2001 PACKAGING AND MARKING (OCT 2014)
NNS-D-1003 SECURITY REQUIREMENTS
Section E - Inspection and Acceptance
52.246-6 INSPECTION - TIME-AND-MATERIAL AND LABOR-HOUR. (MAY 2001)
DOE-E-2001 INSPECTION AND ACCEPTANCE (OCT 2014)
Section F - Deliveries or Performance
DOE-F-2002 PLACE OF PERFORMANCE - SERVICES (OCT 2014)
DOE-F-2003 PERIOD OF PERFORMANCE (OCT 2014)
Section G - Contract Administration Data
DOE-G-2001 CONTRACTING OFFICER AUTHORITY (OCT 2014)
DOE-G-2002 CONTRACTING OFFICER’S REPRESENTATIVE (OCT 2014)
DOE-G-2003 CONTRACTOR’S PROGRAM MANAGER (OCT 2014)
DOE-G-2004 CONTRACT ADMINISTRATION (OCT 2014)
DOE-G-2005 BILLING INSTRUCTIONS (APR 2020)
DOE-G-2007 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING (JUL 2018)
DOE-G-2008 NON-SUPERVISION OF CONTRACTOR EMPLOYEES (OCT 2014)
Section H - Special Contract Requirements
DOE-H-2013 CONSECUTIVE NUMBERING (OCT 2014)
DOE-H-2029 POSITION QUALIFICATIONS (OCT 2014)
DOE-H-2034 CONTRACTOR INTERFACE WITH OTHER CONTRACTORS AND/OR GOVERNMENT
EMPLOYEES (OCT 2014)
DOE-H-2048 PUBLIC AFFAIRS – CONTRACTOR RELEASES OF INFORMATION (OCT 2014)
DOE-H-2049 INSURANCE REQUIREMENTS (OCT 2014)
DOE-H-2057 DEPARTMENT OF LABOR WAGE DETERMINATIONS (OCT 2014)
DOE-H-2062 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (OCT 2014) 40
DOE-H-2063 CONFIDENTIALITY OF INFORMATION (OCT 2014)
DOE-H-2065 REPORTING OF FRAUD, WASTE, ABUSE, CORRUPTION, OR MISMANAGEMENT
(OCT 2014)
DOE-H-2066 SAFEGUARDS AND SECURITY PROGRAM (OCT 2014)
DOE-H-2067 GOVERNMENT FURNISHED ON-SITE FACILITIES OR SERVICES (APR 2018)
DOE-H-2070 KEY PERSONNEL (OCT 2014)
DOE-H-2076 LOBBYING RESTRICTIONS (NOV 2018)
NNS-H-1003 ACCESS TO DOE-OWNED OR LEASED FACILITIES
NNS-H-1009 COMPUTER SYSTEMS SECURITY
NNS-H-1011 ENVIRONMENT, HEALTH, AND SAFETY PLAN FOR ON-SITE WORK
NNS-H-1019 WORKER SAFETY AND HEALTH PROGRAM IN ACCORDANCE WITH 10 CFR 851 ..46
NNS-H-1021 INSTRUCTIONS FOR UPDATING FOREIGN OWNERSHIP, CONTROL OR INFLUENCE
(FOCI) INFORMATION
NNS-H-2001 CONTRACTOR EMPLOYEE AND WORK PRODUCT IDENTIFICATION (MAR 2016) ..47
NNS-H-2002 IDENTIFICATION OF NNSA CONTRACTING ACTIVITY OMBUDSMAN (APR 2016) .47
Section I - Contract Clauses
52.202-1 DEFINITIONS. (JUN 2020)
52.203-3 GRATUITIES. (APR 1984)
52.203-5 COVENANT AGAINST CONTINGENT FEES. (MAY 2014)
52.203-7 ANTI-KICKBACK PROCEDURES. (JUN 2020)
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. (JUN 2020)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS. (JUN 2020)
52.204-2 SECURITY REQUIREMENTS. (AUG 1996)
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)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE. (OCT 2018)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE. (AUG 2020)
52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN TELECOMMUNICATIONS AND
VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. (AUG 2019)
52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT. (JUN 2020)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS.
(NOV 2015)
52.215-8 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT. (OCT 1997)
52.216-24 LIMITATION OF GOVERNMENT LIABILITY. (APR 1984)
52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL REQUIREMENTS-COMMERCIAL
ITEM ACQUISITION. (FEB 2007)
52.217-8 OPTION TO EXTEND SERVICES. (NOV 1999)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT. (MAR 2000)
52.219-6 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE. (MAR 2020)
52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS. (OCT 2018)
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN. (JUN 2020)
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN. (JUN 2020) - ALTERNATE I (NOV 2016) ..51
52.219-14 LIMITATIONS ON SUBCONTRACTING. (MAR 2020)
52.219-16 LIQUIDATED DAMAGES - SUBCONTRACTING PLAN. (JAN 1999)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION. (MAY 2020)
52.222-3 CONVICT LABOR. (JUN 2003)
52.222-26 EQUAL OPPORTUNITY. (SEP 2016)
52.222-35 EQUAL OPPORTUNITY FOR VETERANS. (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)
52.222-41 SERVICE CONTRACT LABOR STANDARDS. (AUG 2018)
52.222-44 FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT LABOR STANDARDS-
PRICE ADJUSTMENT. (MAY 2014)
52.222-50 COMBATING TRAFFICKING IN PERSONS. (JAN 2019)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION. (OCT 2015)
52.223-6 DRUG-FREE WORKPLACE. (MAY 2001)
52.223-10 WASTE REDUCTION PROGRAM. (MAY 2011)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING. (JUN 2020)
52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION. (JAN 1997)
52.232-7 PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR CONTRACTS. (AUG
2012)
52.232-9 LIMITATION ON WITHHOLDING OF PAYMENTS. (APR 1984)
52.232-22 LIMITATION OF FUNDS. (APR 1984)
52.232-23 ASSIGNMENT OF CLAIMS. (MAY 2014)
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 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS.
(DEC 2013)
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)
52.242-5 PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS. (JAN 2017)
52.243-3 CHANGES - TIME-AND-MATERIALS OR LABOR-HOURS. (SEP 2000)
52.245-1 GOVERNMENT PROPERTY. (JAN 2017)
52.249-6 TERMINATION (COST-REIMBURSEMENT). (MAY 2004)
52.252-2 CLAUSES INCORPORATED BY REFERENCE. (FEB 1998)
952.242-70 TECHNICAL DIRECTION. (DEC 2000)
Section J - List of Documents, Exhibits and Other Attachments Section K - Representations, Certifications, and Other Statements of Bidders
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS. (SEP 2007)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT. (DEC 2019)
52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-
REPRESENTATION. (NOV 2015)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS. (OCT 2015)
52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS. (OCT 2018)
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS. (MAR 2020)
52.222-25 AFFIRMATIVE ACTION COMPLIANCE. (APR 1984)
NNS-K-1003 CERTIFICATION REGARDING A FELONY CONVICTION UNDER ANY FEDERAL
LAW OR AN UNPAID FEDERAL TAX LIABILITY (FOR FY 2014 AND SUBSEQUENT YEARS)
Section L - Instructions,Conditions, and Notices to Bidders
52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING. (AUG 2020)
52.204-17 OWNERSHIP OR CONTROL OF OFFEROR. (AUG 2020)
52.215-1 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION. (JAN 2017)
52.216-1 TYPE OF CONTRACT. (APR 1984)
52.233-2 SERVICE OF PROTEST. (SEP 2006)
52.237-10 IDENTIFICATION OF UNCOMPENSATED OVERTIME. (MAR 2015)
52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE. (FEB 1998)
NNS-L-1009 INSTRUCTIONS FOR SUBMITTING FOREIGN OWNERSHIP, CONTROL OR
INFLUENCE (FOCI) INFORMATION
NNS-L-1011 WORKER SAFETY AND HEALTH PROGRAM INSTRUCTIONS - ACTIVITY II -
ADMINISTRATIVE WORK
NNS-L-2002 SECTION L PROVISION(S) BY ATTACHMENT(S) (AUG 2016)
Section M - Evaluation Factors for Award
52.217-5 EVALUATION OF OPTIONS. (JUL 1990)
NNS-M-2001 SECTION M PROVISION(S) BY ATTACHMENT(S) (AUG 2016)
Section A - Solicitation/Contract Form
52.203-18 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS OR STATEMENTS-REPRESENTATION. (JAN
2017)
52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS OR STATEMENTS. (JAN 2017)
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS. (OCT 2016)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS.
(DEC 2014)
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS.
(JUN 2016)
52.204-23 PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE, AND SERVICES
DEVELOPED OR PROVIDED BY KASPERSKY LAB AND OTHER COVERED ENTITIES. (JUL
2018)
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.
(End of provision)
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX
LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW. (FEB 2016)
52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (OCT 2018) -
ALTERNATE I (JAN 2017)
(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.
(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.
(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.
(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]
(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-
(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or
(B) Terminate this contract for cause.
(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.
(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-
(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or
(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.
(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.
(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.
(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-
(i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.
(ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-
(A) Performed by the contractor;
(B) Performed by the subcontractors; or
(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.
(iii) Materials means-
(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;
(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;
(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);
(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and
(E) Indirect costs specifically provided for in this clause.
(iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer- Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:
(i) Hourly rate.
(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed.
Fractional parts of an hour shall be payable on a prorated basis.
(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.
(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.
(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.
(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.
(1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated.
(2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.
(3) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer.
(ii) Materials.
(A) If the Contractor furnishes materials that meet the definition of a commercial item at 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-
(1) Quantities being acquired; and
(2) Any modifications necessary because of contract requirements.
(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-
(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or
(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.
(C) To the extent able, the Contractor shall-
(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and
(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.
(D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed.
(1) Other Direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: other direct costs to include materials, insurance, NMGRT and travel costs associated with the ODC CLIN's.
(2) Indirect Costs (Material Handling, Subcontract Administration, etc.).
The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: NTE $18,000.00 per ODC CLIN.
(2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.
(3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.
(4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):
(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;
(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-
(A) The original timecards (paper-based or electronic);
(B) The Contractor's timekeeping procedures;
(C) Contractor records that show the distribution of labor between jobs or contracts; and
(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.
(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-
(A) Any invoices or subcontract agreements substantiating material costs; and
(B) Any documents supporting payment of those invoices.
(5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final Decisions. The Contracting Officer will issue a final decision as required by
33.211 if-
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a…
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