CONFORMED SOLICITATION - FA002122R00080001.pdf

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Attached to
AFSOC - MC-12 - Tactical System Operators (TSO) Training Support Services Federal contract opportunity
Solicitation number
FA002122R0008
Issued by
Department of the Air Force Materiel Command Installation and Mission Support Center Installation Contracting Agency

About this file

This solicitation is for non-personal services to provide Air Force Special Operations Command (AFSOC) with Tactical Systems Operator (TSO) training support services. The contractor will provide mission aircrew, scheduling, registration, and Opposing Force/Mission Rehearsal Trainer support for TSOs on MC-12W/BE-300 ISR variant aircraft. Services will be performed at Will Rogers National Guard Base in Oklahoma City, Oklahoma, and the contractor must comply with regulations for contractor flight and ground operations. The solicitation is for an indefinite delivery/indefinite quantity contract with a one-year base period of performance from March 21, 2023 to March 20, 2024, and four one-year option periods to extend the ordering period through March 2028. Pricing will be firm fixed price.

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SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 7900)

RATING PAGE OF PAGES

2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER

CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR

INFORMATION

CALL:

A. NAME B. TELEPHONE (NO COLLECT CALLS)

AREA CODE NUMBER EXTENSION

C. E-MAIL ADDRESS

11. TABLE OF CONTENTS

(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION

A B C D E F G H

I

J

K

L

M EVALUATION FACTORS FOR AWARD

INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

REPRESENTATIONS, CERTIFICATIONS AND OTHER

STATEMENTS OF OFFERORS

PART IV - REPRESENTATIONS AND INSTRUCTIONS

LIST OF ATTACHMENTS

PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

CONTRACT CLAUSESSOLICITATION/CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/COSTS

DESCRIPTION/SPECS./WORK STATEMENT

PACKAGING AND MARKING

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

OFFER (Must be fully completed by offeror)

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):

10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)

DATEAMENDMENT NO.AMENDMENT NO. DATE

15A. NAME AND

ADDRESS

OF OFFER-

OR

CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER

(Type or print)

15B. TELEPHONE NUMBER

AREA CODE NUMBER EXTENSION

15C. CHECK IF REMITTANCE ADDRESS IS

DIFFERENT FROM ABOVE - ENTER SUCH

ADDRESS IN SCHEDULE.

17. SIGNATURE 18. OFFER DATE

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION:

10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)

24. ADMINISTERED BY (If other than Item 7)

26. NAME OF CONTRACTING OFFICER (Type or print)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition is unusable

23. SUBMIT INVOICES TO ADDRESS SHOWN IN

(4 copies unless otherwise specified)

25. PAYMENT WILL BE MADE BY

27. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

28. AWARD DATE

CODE

ITEM

STANDARD FORM 33 (REV. 6/2014)

Prescribed by GSA - FAR (48 CFR) 53.214 (c)

SEALED BID (IFB)

NEGOTIATED (RFP)

(Hour) (Date)

PART I - THE SCHEDULE PART II - CONTRACT CLAUSES

Section A - Solicitation/Contract Form

MC-12 Tactical Systems Operator (TSO) Training Support Services

FA002122R00080001

Section B - Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Qty Unit Unit Price

Amount

Non-Personal Services: The Contractor shall provide all personnel, supervision, transportation, and all items and services necessary to provide Air Force Special Operations Command (AFSOC) MC-12 Tactical System Operator (TSO) Training Support Services in accordance with the Performance Work Statement (PWS).

Product Service Code: U099 Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Non-Personal Services: The Contractor shall provide all personnel, supervision, transportation, and all items and services necessary to provide Air Force Special Operations Command (AFSOC) MC-12 Tactical System Operator (TSO) Training Support Services in accordance with the Performance Work Statement (PWS).

Product Service Code: U099 Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Non-Personal Services: The Contractor shall provide all personnel, supervision, transportation, and all items and services necessary to provide Air Force Special Operations Command (AFSOC) MC-12 Tactical System Operator (TSO) Training Support Services in accordance with the Performance Work Statement (PWS).

Product Service Code: U099 Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Non-Personal Services: The Contractor shall provide all personnel, supervision, transportation, and all items and services necessary to provide Air Force Special Operations Command (AFSOC) MC-12 Tactical System Operator (TSO) Training Support Services in accordance with the Performance Work Statement (PWS).

Product Service Code: U099 Pricing Arrangement: Firm Fixed Price

12 Months

Option Line Item

Non-Personal Services: The Contractor shall provide all personnel, supervision, transportation, and all items and services necessary to provide Air Force Special Operations Command (AFSOC) MC-12 Tactical System Operator (TSO) Training Support Services in accordance with the Performance Work Statement (PWS).

Product Service Code: U099 Pricing Arrangement: Firm Fixed Price

12 Months

Section C - Description/Specifications/Statement of Work

Requirements The Contractor shall provide all personnel, supervision, transportation, and all items and services necessary to provide Air Force Special Operations Command (AFSOC) Tactical Systems Operator (TSO) Training Support Services in accordance with the Performance Work Statement (PWS). Training support for TSOs on MC-12W /BE-300 ISR variant aircraft includes: providing mission aircrew, scheduler, registrar, and Opposing Force /Mission Rehearsal Trainer (OPFOR/MRT) support.

Section D - Packaging and Marking

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE LOCATION:

Due to System Issues, CLINs 0001, 1001, 2001, 3001, and 4001 identify the Inspection and Acceptance location as HQ AFSOC A3, 100 Bartley St Ste 167W, Hurlburt Field, FL. IAW the Performance Work Statement, the actual service performance site and inspection/acceptance location is: 5624 Air Guard Drive, Will Rogers National Guard Base, Oklahoma City, OK 73179. The Inspection and Acceptance address may be corrected at the CLIN level in the future.

Overall Contract Inspection/Acceptance Locations

Inspection and Acceptance Location

Both Destination Instructions: None.

DoDAAC: F2FF26 CountryCode: USA

HQ AFSOC A5

AF BPN NO MILSBILLS PROCESSES

100 BARTLEY ST

HURLBURT FIELD, FL 32544-5328

UNITED STATES

David Dunrud Email: david.dunrud@us.af.mil Telephone: (405) 736-2747

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: None.

DoDAAC: F2FF26 CountryCode: USA

HQ AFSOC A5

AF BPN NO MILSBILLS PROCESSES

100 BARTLEY ST

HURLBURT FIELD, FL 32544-5328

UNITED STATES

David Dunrud Email: david.dunrud@us.af.mil Telephone: (405) 736-2747

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: None.

DoDAAC: F2FF26 CountryCode: USA

HQ AFSOC A5

AF BPN NO MILSBILLS PROCESSES

100 BARTLEY ST

HURLBURT FIELD, FL 32544-5328

UNITED STATES

David Dunrud Email: david.dunrud@us.af.mil Telephone: (405) 736-2747

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: None.

DoDAAC: F2FF26 CountryCode: USA

HQ AFSOC A5

AF BPN NO MILSBILLS PROCESSES

100 BARTLEY ST

HURLBURT FIELD, FL 32544-5328

UNITED STATES

David Dunrud Email: david.dunrud@us.af.mil Telephone: (405) 736-2747

Option Line Item

Inspection and Acceptance Location

Both Destination Instructions: None.

DoDAAC: F2FF26 CountryCode: USA

HQ AFSOC A5

AF BPN NO MILSBILLS PROCESSES

100 BARTLEY ST

HURLBURT FIELD, FL 32544-5328

UNITED STATES

David Dunrud Email: david.dunrud@us.af.mil Telephone: (405) 736-2747

Section F - Deliveries or Performance

DELIVERIES OR PERFORMANCE LOCATION:

Due to System Issues, CLINs 0001, 1001, 2001, 3001, and 4001 identify the Deliveries or Performance location as HQ AFSOC A3, 100 Bartley St Ste 167W, Hurlburt Field, FL. IAW the Performance Work Statement, the actual service performance site is: 5624 Air Guard Drive, Will Rogers National Guard Base, Oklahoma City, OK 73179. The Deliveries or Performance address may be corrected at the CLIN level in the future.

Overall Contract Delivery Period

Contractor Destination

Line Item Delivery Schedule QTY Address and POC

Delivery Period From 21 Mar 2023 to 20 Mar 2024

Period of Performance From 21 Mar 2023 To 20 Mar 2024

12 Months Service Performance Site DoDAAC: F2FF26 CountryCode: USA

HQ AFSOC A5

AF BPN NO MILSBILLS PROCESSES

100 BARTLEY ST

HURLBURT FIELD, FL 32544-5328

UNITED STATES

David Dunrud Email: david.dunrud@us.af.mil Telephone: (405) 736-2747

Option Line Item

Delivery Period From 21 Mar 2024 to 20 Mar 2025

Period of Performance From 21 Mar 2024 To 20 Mar 2025

12 Months Service Performance Site DoDAAC: F2FF26 CountryCode: USA

HQ AFSOC A5

AF BPN NO MILSBILLS PROCESSES

100 BARTLEY ST

HURLBURT FIELD, FL 32544-5328

UNITED STATES

David Dunrud Email: david.dunrud@us.af.mil Telephone: (405) 736-2747

Option Line Item

Delivery Period From 21 Mar 2025 to 20 Mar 2026

Period of Performance From 21 Mar 2025 To 20 Mar 2026

12 Months Service Performance Site DoDAAC: F2FF26 CountryCode: USA

HQ AFSOC A5

AF BPN NO MILSBILLS PROCESSES

100 BARTLEY ST

HURLBURT FIELD, FL 32544-5328

UNITED STATES

David Dunrud Email: david.dunrud@us.af.mil Telephone: (405) 736-2747

Option Line Item

Delivery Period From 21 Mar 2026 to 20 Mar 2027

Period of Performance From 21 Mar 2026 To 20 Mar 2027

12 Months Service Performance Site DoDAAC: F2FF26 CountryCode: USA

HQ AFSOC A5

AF BPN NO MILSBILLS PROCESSES

100 BARTLEY ST

HURLBURT FIELD, FL 32544-5328

UNITED STATES

David Dunrud Email: david.dunrud@us.af.mil Telephone: (405) 736-2747

Option Line Item

Delivery Period From 21 Mar 2027 to 20 Mar 2028

Period of Performance From 21 Mar 2027 To 20 Mar 2028

12 Months Service Performance Site DoDAAC: F2FF26 CountryCode: USA

HQ AFSOC A5

AF BPN NO MILSBILLS PROCESSES

100 BARTLEY ST

HURLBURT FIELD, FL 32544-5328

UNITED STATES

David Dunrud Email: david.dunrud@us.af.mil Telephone: (405) 736-2747

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.242-15 Stop-Work Order. Aug 1989

Section G - Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.

in WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

N/A

(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

2-IN-1

(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.

WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC FA87700

Issue By DoDAAC FA0021

Admin DoDAAC FA0021

Inspect By DoDAAC F2FF26

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) N/A

Service Acceptor (DoDAAC) F2FF26

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")

(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

CONTRACTING OFFICER: STEVEN J. RAWCLIFFE (steven.rawcliffe@us.af.mil)

(Contracting Officer: Insert applicable information or "Not applicable.")

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section H - Special Contract Requirements

Section I - Contract Clauses

52.228-5, Insurance - Work on a Government Installation. (JAN 1997)

INSURANCE REQUIREMENTS (ADDENDUM):

(a) The kinds and minimum amounts of insurance required in accordance with 52.228-5 "Insurance-Work on a Government Installation" are as follows (see FAR 28.307-2):

WORKERS COMPENSATION AND EMPLOYER'S LIABILITY (FAR 28.307-2(a)):

1. Comply with applicable Federal and State workers' compensation and occupational disease statutes.

2. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy for at least $100,000, except in States with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers. (See 28.305(c) for treatment of contracts subject to the Defense Base Act.)

GENERAL LIABILITY (FAR 28.307-2(b)):

1. Bodily Injury Liability Insurance Coverage, written on the comprehensive form of policy of at least $500,000 per occurrence.

AUTOMOBILE LIABILITY (FAR 28.307-2(c)):

1. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.

(b) Before commencing work under this contract, the contractor shall notify the CO in writing that the required insurance has been obtained. The CO or Contract Administrator (CA) shall be identified as the Certificate Holder on the Certificate of Insurance. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective. The Certificate of Insurance shall be submitted to the CO within 30 days after contract award or prior to starting the first TO, whichever comes first. The Certificate of Insurance must be kept current at all times:

1) For such period as the laws of the State in which this contract is to be performed prescribe; or

2) Until 30 days after the insurer or the contractor gives written notice to the CO, whichever period is longer. (c) The contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the CO upon request.

(End of Clause)

FAR Clauses Incorporated by Reference

Number Title Effective 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 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

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Nov 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Nov 2021

52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.

Nov 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-27 Notice of Service-Disabled Veteran-Owned Small Business Set-Aside. Sep 2021 52.222-3 Convict Labor. Jun 2003 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-41 Service Contract Labor Standards. Aug 2018 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 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 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 52.224-1 Privacy Act Notification. Apr 1984 52.224-2 Privacy Act. Apr 1984 52.224-3 Privacy Training. Jan 2017 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-17 Interest. May 2014 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. Nov 2021 52.233-1 Disputes. May 2014 52.233-1 Alternate I Disputes. - (Alternate I) May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.237-3 Continuity of Services. Jan 1991 52.242-13 Bankruptcy. Jul 1995 52.243-1 Alternate I Changes-Fixed-Price. - (Alternate I) Aug 1987 52.244-6 Subcontracts for Commercial Products and Commercial Services. Jan 2022 52.246-25 Limitation of Liability-Services. Feb 1997 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-8 Default (Fixed-Price Supply and Service). Apr 1984

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011

252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.

Dec 2008

252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Sep 2013 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.204-7000 Disclosure of Information. Oct 2016 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Feb 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. May 2016

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.

Jan 2021

252.205-7000 Provision of Information to Cooperative Agreement Holders. Dec 1991

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.223-7004 Drug-Free Work Force. Sep 1988 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.225-7001 Buy American and Balance of Payments Program. Mar 2022 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.232-7010 Levies on Contract Payments. Dec 2006

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.

Apr 2020

252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jun 2013 252.239-7001 Information Assurance Contractor Training and Certification. Jan 2008 252.239-7016 Telecommunications Security Equipment, Devices, Techniques, and Services. Dec 1991 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2012 252.244-7000 Subcontracts for Commercial Items. Jan 2021

FAR Clauses Incorporated by Full Text

52.204-2 Security Requirements. Mar 2021

As prescribed in , insert the following clause:4.404(a)

SECURITY REQUIREMENTS (MAR 2021)

This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."(a)

The Contractor shall comply with-(b)

The Security Agreement DD Form441), including the (32 CFR part 117); and(1) National Industrial Security Program Operating Manual

Any revisions to that manual, notice of which has been furnished to the Contractor.(2)

If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the (c) Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding (d) any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

(End of clause)

52.217-8 Option to Extend Services. Nov 1999

As prescribed in , insert a clause substantially the same as the following:17.208(f)

OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within [insert the period of time within which the Contracting Officer may exercise the option].30 DAYS

(End of clause)

52.217-9 Option to Extend the Term of the Contract. Mar 2000

As prescribed in , insert a clause substantially the same as the following:17.208(g)

OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

The Government may extend the term of this contract by written notice to the Contractor within [insert the period of time within (a) 15 DAYS which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days[ ] before the contract expires. The preliminary notice does not 30 DAYS 60days unless a different number of days is inserted commit the Government to an extension.

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

The total duration of this contract, including the exercise of any options under this clause, shall not exceed (months) (years).(c) 60 MONTHS

(End of clause)

52.219-14 Deviation 2021-O0008 Limitations on Subcontracting (DEVIATION 2021-O0008) Sep 2021

As prescribed in 19.507(e), insert the following clause:

LIMITATIONS ON SUBCONTRACTING (SEP 2021) (DEVIATION 2021-O0008)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) “Similarly situated entity,” as used in this clause, means a first-tier subcontractor, including an independent contractor, that--Definition.

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) This clause applies only to-- Applicability.

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are--

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are--

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b) (2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) An independent contractor shall be considered a subcontractor.Independent contractors.

(e) By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract Limitations on subcontracting.

assigned a North American Industry Classification System (NAICS) code for--

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding certain other direct costs and certain work performed outside the United States (see paragraph (e)(1)(i)), to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract. The following services may be excluded from the 50 percent limitation:

(i) Other direct costs, to the extent they are not the principal purpose of the acquisition and small business concerns do not provide the service.

Examples include airline travel, work performed by a transportation or disposal entity under a contract assigned the environmental remediation NAICS code 562910), cloud computing services, or mass media purchases.

(ii) Work performed outside the United States on awards made pursuant to the Foreign Assistance Act of 1961, or work performed outside the United States required to be performed by a local contractor.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor’s 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause --

[Contracting Officer check as appropriate.]

By the end of the base term of the contract and then by the end of each subsequent option period; or

By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(End of clause)

52.222-35 Alternate I Equal Opportunity for Veterans. (Alternate I) Jun 2020

As prescribed in , insert the following clause:22.1310(a)(1)

EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)

. As used in this clause-(a) Definitions

"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR)22.1301.

Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at .5(a), as of (b) 41 CFR 60-300 March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.

Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(c)

(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

(End of clause)

Alternate I ( 2014)Jul . As prescribed in 22.1310(a)(2), add the following as a preamble to the clause:

Notice: The following term(s) of this clause are waived for this contract: [List term(s)].N/A

52.222-42 Statement of Equivalent Rates for Federal Hires. May 2014

As prescribed in , insert the following clause:22.1006(b)

STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor ( ), this clause 29 CFR Part 4 identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C.5341 or 5 332.

This Statement is for Information Only: It is not a Wage Determination

Employee Class Monetary Wage-Fringe Benefits

15070: FLIGHT INSTRUCTOR (PILOT) $41.83 + 31.3%

15020: A/C TRNG DEVICES INSTRUCTOR

(RATED) (COMBAT SYSTEMS OPERATOR)

$34.90 + 31.3%

15095: TECHNICAL INSTRUCTOR/COURSE

DEVELOPER (OPFOR/MRT)

$28.85 + 31.3%

01112: GENERAL CLERK II (SCHEDULER) $15.16 + 31.3%

01112: GENERAL CLERK II (REGISTRAR) $15.16 + 31.3%

(End of clause)

52.232-1 Payments. Apr 1984

As prescribed in , insert the following clause, appropriately modified with respect to payment due date in accordance with agency 32.111(a)(1) regulations, in solicitations and contracts when a fixed-price supply contract, a fixed-price service contract, or a contract for nonregulated communication services is contemplated:

PAYMENTS (APR 1984)

The Government shall pay the Contractor, upon the submission of proper invoices or vouchers, the prices stipulated in this contract for supplies delivered and accepted or services rendered and accepted, less any deductions provided in this contract. Unless otherwise specified in this contract, payment shall be made on partial deliveries accepted by the Government if-

The amount due on the deliveries warrants it; or(a)

The Contractor requests it and the amount due on the deliveries is at least $1,000 or 50 percent of the total contract price.(b)

(End of clause)

52.232-8 Discounts for Prompt Payment. Feb 2002

As prescribed in , insert the following clause:32.111(b)(1)

DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)

Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the (a) award, and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.

In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not (b) placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.

(End of clause)

52.232-11 Extras. Apr 1984

As prescribed in , insert the following clause, appropriately modified with respect to payment due dates in accordance with agency 32.111(c)(2) regulations, in solicitations and contracts when a fixed-price supply contract, fixed-price service contract, or transportation contract is contemplated:

EXTRAS (APR 1984)

Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer.

(End of clause)

52.232-25 Prompt Payment. Jan 2017

As prescribed in , insert the following clause:32.908(c)

PROMPT PAYMENT (JAN 2017)

Notwithstanding any other payment clause in this contract, the Government will make invoice payments under the terms and conditions specified in this clause. The Government considers payment as being made on the day a check is dated or the date of an electronic funds transfer (EFT).

Definitions of pertinent terms are set forth in sections 2.101, 32.001, and 32.902 of the Federal Acquisition Regulation. All days referred to in this clause are calendar days, unless otherwise specified. (However, see paragraph (a)(4) of this clause concerning payments due on Saturdays, Sundays, and legal holidays.)

Invoice payments- (a) Due date.(1) Except as indicated in paragraphs (a)(2) and (c) of this clause, the due date for making invoice payments (i) by the designated payment office is the later of the following two events:

The 30 thday after the designated billing office receives a proper invoice from the Contractor (except as provided in paragraph (a)(A) (1)(ii) of this clause).

The 30 thday after Government acceptance of supplies delivered or services performed. For a final invoice, when the payment (B) amount is subject to contract settlement actions, acceptance is deemed to occur on the effective date of the contract settlement.

If the designated billing office fails to annotate the invoice with the actual date of receipt at the time of receipt, the invoice payment (ii) due date is the 30 thday after the date of the Contractor’s invoice, provided the designated billing office receives a proper invoice and there is no disagreement over quantity, quality, or Contractor compliance with contract requirements.

Certain food products and other payments. (2) Due dates on Contractor invoices for meat, meat food products, or fish; perishable (i) agricultural commodities; and dairy products, edible fats or oils, and food products prepared from edible fats or oils are-

For meat or meat food products, as defined in section 2(a)(3) of the Packers and Stockyard Act of1921 (7 U.S.C.182(3)), and as (A) further defined in Pub.L.98-181, including any edible fresh or frozen poultry meat, any perishable poultry meat food product, fresh eggs, and any perishable egg product, as close as possible to, but not later than, the 7 thday after product delivery.

For fresh or frozen fish, as defined in section 204(3) of the Fish and Seafood Promotion Act of1986 (16 U.S.C.4003(3)), as close (B) as possible to, but not later than, the 7 thday after product delivery.

For perishable agricultural commodities, as defined in section 1(4) of the Perishable Agricultural Commodities Act of1930 (7 U.S.(C) C.499a(4)), as close as possible to, but not later than, the 10 thday after product delivery, unless another date is specified in the contract.

For dairy products, as defined in section 111(e) of the Dairy Production Stabilization Act of1983 (7 U.S.C.4502(e)), edible fats or (D) oils, and food products prepared from edible fats or oils, as close as possible to, but not later than, the 10 thday after the date on which a proper invoice has been received. Liquid milk, cheese, certain processed cheese products, butter, yogurt, ice cream, mayonnaise, salad dressings, and other similar products, fall within this classification. Nothing in the Act limits this classification to refrigerated products. When questions arise regarding the proper classification of a specific product, prevailing industry practices will be followed in specifying a contract payment due date. The burden of proof that a classification of a specific product is, in fact, prevailing industry practice is upon the Contractor making the representation.

If the contract does not require submission of an invoice for payment ( periodic lease payments), the due date will be as specified (ii) e.g., in the contract.

. The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper (3) Contractor's invoice invoice must include the items listed in paragraphs (a)(3)(i) through (a)(3)(x) of this clause. If the invoice does not comply with these requirements, the designated billing office will return it within 7 days after receipt (3 days for meat, meat food products, or fish; 5 days for perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice.

The Government will take into account untimely notification when computing any interest penalty owed the Contractor.

Name and address of the Contractor.(i)

Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.)(ii)

Contract number or other authorization for supplies delivered or services performed (including order number and line item number).(iii)

Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.(iv)

Shipping and payment terms ( shipment number and date of shipment, discount for prompt payment terms). Bill of lading (v) e.g., number and weight of shipment will be shown for shipments on Government bills of lading.

Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice (vi) of assignment).

Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.(vii)

Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this (viii) contract.

Electronic funds transfer (EFT) banking information.(ix)

The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.(A)

If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor (B) shall have submitted correct EFT banking information in accordance with the applicable solicitation provision ( 52.232-38, Submission of e.g., Electronic Funds Transfer Information with Offer), contract clause ( 52.232-33, Payment by Electronic Funds Transfer-System for Award e.g., Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

EFT banking information is not required if the Government waived the requirement to pay by EFT.(C)

Any other information or documentation required by the contract ( evidence of shipment).(x) e.g., . The designated payment office will pay an interest penalty automatically, without request from the Contractor, if (4) Interest penalty payment is not made by the due date and the conditions listed in paragraphs (a)(4)(i) through (a)(4)(iii) of this clause are met, if applicable. However, when the due date falls on a Saturday, Sunday, or legal holiday, the designated payment office may make payment on the following working day without incurring a late payment interest penalty.

The designated billing office received a proper invoice.(i)

The Government processed a receiving report or other Government documentation authorizing payment, and there was no (ii) disagreement over quantity, quality, or Contractor compliance with any contract term or condition.

In the case of a final invoice for any balance of funds due the Contractor for supplies delivered or services performed, the amount (iii) was not subject to further contract settlement actions between the Government and the Contractor.

. The Government will compute the interest penalty in accordance with the Office of Management and (5) Computing penalty amount Budget prompt payment regulations at .5 CFR Part 1315

For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur (i) constructively on the 7 thday (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities.

The prompt payment regulations at 5 CFR1315.10(c) do not require the Government to pay interest penalties if payment delays are (ii) due to disagreement between the Government and the Contractor over the payment amount or other issues involving contract compliance, or on amounts temporarily withheld or retained in accordance with the terms of the contract. The Government and the Contractor shall resolve claims involving disputes and any interest that may be payable in accordance with the clause at FAR 52.233-1, Disputes.

. The designated payment office will pay an interest penalty automatically, without request from the (6) Discounts for prompt payment Contractor, if the Government takes a discount for prompt payment improperly. The Government will calculate the interest penalty in accordance with the prompt payment regulations at .5 CFR Part 1315

Additional interest penalty. (7) The designated payment office will pay a penalty amount, calculated in accordance with the prompt (i) payment regulations at in addition to the interest penalty amount only if-5 CFR Part 1315

The Government owes an interest penalty of $1 or more;(A)

The designated payment office does not pay the interest penalty within 10 days after the date the invoice amount is paid; and(B)

The Contractor makes a written demand to the designated payment office for additional penalty payment, in accordance with (C) paragraph (a)(7)(ii) of this clause, postmarked not later than 40 days after the invoice amount is paid.

(ii) The Contractor shall support written demands for additional penalty payments with the following data. The Government will not (A) request any additional data. The Contractor shall-

Specifically assert that late payment interest is due under a specific invoice, and request payment of all overdue late payment (1) interest penalty and such additional penalty as may be required;

Attach a copy of the invoice on which the unpaid late payment interest is due; and(2)

State that…

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