FA2521-15-R-0039__Final_RFP_-_30_Sep_16.doc.pdf
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CODE
(Hour)
PAGE(S)
until 12:00 AM local time 31 Oct 2016
X
A
X B
C
D
EX
X
G
F 41 - 46
47 - 61
H 62 - 66 rudy.mehu.1@us.af.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
1 66
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
FA2521 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
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
See Section L conditions contained in this solicitation.
10. FOR
INFORMATION
CALL:
A. NAME (NO COLLECT
CALLS)RUDY MEHU 321-494-9953
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 8
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 11 - 13 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror)
X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance 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 price 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
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print)
27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
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 AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
14 - 39
PART II - CONTRACT CLAUSES
45 CONS/LGCZR
1201 EDWARD H WHITE II ST, MS 7200
PATRICK AFB FL 32925-3237
321-494-5573
321-494-9519FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
30 Sep 2016
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
FA2521-15-R-0039
* Minimum 180 calendar days – see Section L-1 c
FA2521-15-R-0039
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Months SHARP Sustainment
FFP
Nonpersonal Services: The Contractor shall provide all labor, supervision, and
Contract Data Requirement Listings (CDRLs) required to support the Safety
Hazard Analysis and Risk Processing (SHARP) system described in PWS paragraph 1.2., 5.1., and 5.1.3.5.6.
FOB: Destination
SIGNAL CODE: A
NET AMT
0002 30 Each Launch Safety Analysis Work Request
FFP
Nonpersonal Services: When requested, the contractor shall provide all labor and supervision required to support launch safety analyses described in PWS paragraph
5.2. through 5.2.6. LAUNCH SAFETY ANALYSIS WORK REQUESTS will be negotiated on the Task Order level using the loaded labor rates in Section J, Attachment 3. The government has estimated 30 task order per year and provided estimated "plug number" of $1,800,000 per year.
0003 1 Months Phase-In
FFP
Nonpersonal Services: The contractor shall perform phase-in activities IAW PWS
1.6.17.1 and their proposed phase-in plan.
1001 12 Months OPTION SHARP Sustainment
FFP
Nonpersonal Services: The Contractor shall provide all labor, supervision, and
Contract Data Requirement Listings (CDRLs) required to support the Safety
Hazard Analysis and Risk Processing (SHARP) system described in PWS paragraph 1.2. and 5.1 through 5.1.3.5.6.
1002 30 Each OPTION Launch Safety Analysis Work Request
FFP
Nonpersonal Services: When requested, the contractor shall provide all labor and supervision required to support launch safety analyses described in PWS paragraph
5.2. through 5.2.6. LAUNCH SAFETY ANALYSIS WORK REQUESTS will be negotiated on the Task Order level using the loaded labor rates in Section J, Attachment 3. The government has estimated 30 task order per year and provided estimated "plug number" of $1,800,000 per year.
2001 12 Months OPTION SHARP Sustainment
FFP
Nonpersonal Services: The Contractor shall provide all labor, supervision, and
Contract Data Requirement Listings (CDRLs) required to support the Safety
Hazard Analysis and Risk Processing (SHARP) system described in PWS paragraph 1.2. and 5.1 through 5.1.3.5.6.
2002 30 Each OPTION Launch Safety Analysis Work Request
FFP
Nonpersonal Services: When requested, the contractor shall provide all labor and supervision required to support launch safety analyses described in PWS paragraph
5.2. through 5.2.6. LAUNCH SAFETY ANALYSIS WORK REQUESTS will be negotiated on the Task Order level using the loaded labor rates in Section J, Attachment 3. The government has estimated 30 task order per year and provided estimated "plug number" of $1,800,000 per year.
3001 6 Months OPTION SHARP Sustainment
FFP
Nonpersonal Services: OPTION TO EXTEND SERVICES
The Contractor shall provide all labor, supervision, and Contract Data Requirement
Listings (CDRLs) required to support the Safety Hazard Analysis and Risk
Processing (SHARP) system described in PWS paragraph 1.2. and 5.1 through
5.1.3.5.6. IAW 52.217-8 OPTION TO EXTEND SERVICES.
3002 15 Each OPTION Launch Safety Analysis Work Request
FFP
Nonpersonal Services: OPTION TO EXTEND SERVICES When requested, the contractor shall provide all labor and supervision required to support launch safety analyses described in PWS paragraph 5.2. through 5.2.6. IAW 52.217-8 OPTION
TO EXTEND SERVICES. LAUNCH SAFETY ANALYSIS WORK REQUESTS
will be negotiated on the Task Order level using the loaded labor rates in Section J, Attachment 3. The government has estimated 15 task orders and provided estimated "plug number" of $ 900,000 for this period.
**FOR EVALUATION PURPOSES ONLY **
CONTRACT TYPE
B-1 Contract Type
This is an Indefinite Delivery/Indefinite Quantity (IDIQ) type contract with one pricing arrangement available for use in pricing individual task orders. Arrangement shall be Firm-Fixed-Price (FFP). The ceiling is inclusive of the base and all optional ordering periods. Ceiling restrictions shall be applied at the total contract level without limitation among these individual line items.
B-2 Minimum and Maximum Contract Value
a. The total minimum guarantee under this contract is $50,000.00. The total minimum and maximum value of supplies or services that the Government will acquire under this contract are as follows:
Contract Value
Minimum Value Maximum Value
$50,000.00 $8,400,000.00
b. As indicated above, the guaranteed minimum payment to the contractor under this contract is $50,000.00.
The Government will obligate the guaranteed minimum as a single task order at the time of basis contract award.
ORDERING PROCEDURES
TASK ORDER PERFORMANCE PERIOD
Period of Performance will be Task Order Specific. Individual task order performance periods may extend beyond the contract performance period. However, a task order may not have a performance period that extends more than
365 days beyond the final day of the ordering period.
TASK ORDER FUNDING
All work under this contract will be funded at the task order level. No unfunded task orders are authorized. Specifics regarding funding allocations (e.g., full funding or partial/incremental funding) will be provided with each task order.
In no event shall the Contractor be authorized to incur costs under an individual task order in excess of the total amount of funds obligated against that task order without direction of the Contracting Officer. For task orders or incrementally funded task orders, the Contractor must comply with the notification requirements of FAR 252.232-
7007, Limitation of Government’s Obligation.
TASK ORDER PROCEDURES
1. Task Order General Information:
1.1 The Contractor shall perform work assigned under this contract as directed in task orders issued by the
Contracting Officer. Task orders will be executed in writing through a bilateral agreement between the Contractor and Government using a Department of Defense (DD) 1155 or equivalent agency form. Upon execution of task orders, the Contractor shall provide the personnel, facilities, equipment, and other materials and services necessary to perform the work set forth in the task order.
1.2. Task orders shall be subject to the terms and conditions of this Contract. In the event of conflict between a task order and this Contract, the Contract shall control. Task Orders (TO) shall be subject to appropriation and availability of funds as described in FAR clause 52.232-18, Availability of Funds.
1.3. Task orders may be issued from the effective date of this Contract through completion or termination of the
Contract. Any task order issued during the effective period of this Contract and not completed within that time shall be completed by the Contractor within the time specified in the task order. The task order and the Contract shall govern the Contractor’s and Government’s rights and obligations with respect to that task order to the same extent as if the task order were completed during the Contract’s effective period.
1.4. There is no limit on the number of task orders that may be issued against this Contract, if and when needed.
1.5. The majority of task orders for any given fiscal year are expected to be ordered near the end of the fiscal year
2. Task Ordering Process
2.1. Each requiring organization will submit a Task Order Request Package to the Government PMO. Exception:
The Government PMO will handle requirement preparation for the primary 45 SW T.O. (CLIN X001 – No Proposal will be needed for this CLIN). All other task orders will be processed on an as-needed basis.
2.1.1. Customer Task Order Request Package (TORP) from requiring authority to the Contracting Officer:
Requirement Statement
Estimated Task Order Magnitude Worksheet (POP, CLIN #’s, Appendices, etc.)
Independent Government Estimate (IGE)
Funding Document
Any other pertinent supporting documentation
Points of Contact (including Contracting Officer Representatives)
2.1.2. Task Order Request for Proposal from Contracting Officer to the Contractor:
Contracting Officer’s Cover Letter (including applicable deadlines)
Contract number and Order number
Requirement Statement
Estimated Task Order Magnitude Worksheet (POP, CLINs, Appendices, etc.)
Task Ordering Worksheet
Any other pertinent supporting documentation
Points of Contact (including COR)
Accounting, Appropriations and WAWF data
2.2. After receipt of a formal task order request from the contracting officer, the contractor may request a task order pre-proposal meeting. Unless otherwise agreed upon, the contractor must submit the task order proposal within 10 calendar days.
2.3. Task Order Negotiation & Award:
2.3.1. Each work request will receive its own Task Order with work on the CLINs specified in the TORP. For negotiation purposes, the contractor’s proposal for the estimated labor quantities (hours), utilizing the fuly loaded labor rate listing are to be negotiated on a line item basis. Negotiations shall be conducted to discuss and reconcile line items with significant quantity/price differences between the contractor’s and government’s final estimates.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
1001 Destination Government Destination Government
1002 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
3001 Destination Government Destination Government
3002 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-4 Inspection Of Services--Fixed Price AUG 1996
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 01-APR-2017 TO
31-MAR-2018
N/A 45 SW/SEP - F3K0KA
BILL WILSON
1201 EDWARD H WHITE II ST
BLDG 423
PATRICK AFB FL 32925
321-494-7222
F3K0KA
0002 POP 01-APR-2017 TO
31-MAR-2018
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-MAR-2017 TO
31-MAR-2017
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 01-APR-2018 TO
31-MAR-2019
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 01-APR-2018 TO
31-MAR-2019
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-APR-2019 TO
31-MAR-2020
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-APR-2019 TO
31-MAR-2020
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-APR-2020 TO
30-SEP-2020
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-APR-2020 TO
30-SEP-2020
N/A (SAME AS PREVIOUS LOCATION)
52.242-15 Stop-Work Order AUG 1989
Section G - Contract Administration Data
252.204-7006 Billing Instructions OCT 2005
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow
(WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.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) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training
Course and use the Practice Training Site before submitting payment requests through
WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in
WAWF, as specified by the contracting officer.
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC F03000
Issue By DoDAAC FA2521
Admin DoDAAC FA2521
Inspect By DoDAAC F3K0KA
Ship To Code F3K0KA
Ship From Code N/A
Mark For Code TBD
Service Approver (DoDAAC) TBD
Service Acceptor (DoDAAC) F3K0KA
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send
Additional Email Notifications” field of WAWF once a document is submitted in the system. N/A
(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.
N/A
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
INVOICE NOTICE: Contractor shall include the below listted individuals when invoicing under WAWF procedures
PRIMARY:
Program Manager: Bill Wilson
Phone: (321) 494-7222
E-mail address: William.Wilson@patrick.af.mil
ALTERNATE
Contracting Officer: Rudy Mehu
Phone: (321) 494-9953
E-mail address: Rudy.Mehu.1@us.af.mil
Address:
45 CONS/LGCZR
1201 Edward H. White II Street, MS 7200 mailto:william.wilson@patrick.af.mil mailto:Rudy.Mehu.1@us.af.mil
Patrick AFB, FL 32925
(End of clause)
PAYMENT INSTRUCTION
252.204-0001 Line Item Specific: Single Funding. (SEP 2009)
The payment office shall make payment using the ACRN funding of the line item being billed.
(End of Clause)
Section I - Contract Clauses
5352.209-9000
5352.209-9000 Organizational Confiict of Interest
As prescribed in 5309.507-2(a), insert the following clause, substantially as written, in Section I:
ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2010) ATERNATE II and III
(a) The following restrictions and definitions apply to prevent conflicting roles which may bias the
Contractor's judgment or objectivity, or to preclude the Contractor from obtaining an unfair competitive advantage in concurrent or future acquisitions.
(1) Descriptions or definitions:
"Contractor" means the business entity receiving the award of this contract, its parents, affiliates, divisions and subsidiaries.
"Development" means all efforts towards solution of broadly-defined problems. This may encompass research, evaluating technical feasibility, proof of design and test, or engineering of programs not yet approved for acquisition or operation.
"Proprietary Information" means a11 information designated as proprietary in accordance with law and regulation, and held in confidence or disclosed under restriction to prevent uncontrolled distribution. Examples include limited or restricted data, trade secrets, sensitive financial information, and computer software; and may appear in cost and pricing data or involve classified information.
"System" means the system that is the subject of this contract.
"System Life" means all phases of the system's development, production, or support.
"Systems Engineering" means preparing specifications, identifying and resolving interface problems, developing test requirements, evaluating test data, and supervising design.
"Technical Direction" means developing work statements, determining parameters, directing other
Contractors' operations, or resolving technical controversies.
5352.209-9000 ALT II
As prescribed in 5309.507-2(a)(3), the following revised (a)(2) is added:
(a)(2) The Contractor shall participate in the technical evaluation of other Contractors' proposals or products. To ensure objectivity, the Contractor is precluded from award of any supply or service contract or subcontract for the system or its major components. This restriction shall be effective for 1 March 2017 – 31 March 2020. This does not apply to other technical evaluations concerning the system.
(End Clause)
5352.209-9000 ALT III
As prescribed in 5309.507-2(a)(4), the following paragraph (b) is added
(b) The Contractor may gain access to proprietary information of other companies during contract performance.
The Contractor agrees to enter into company-to-company agreements to: (1) protect another company's information from unauthorized use or disclosure for as long as it is considered proprietary by the other company; and, (2) to refrain from using the information for any purpose other than that for which it was furnished.
For infornation purposes, the Contractor shall furnish copies of these agreements to the Contracting Officer. These agreements are not intended to protect information which is available to the Government or to the Contractor from other sources and furnished voluntarily without restriction.
52.202-1 Definitions NOV 2013
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 SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
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
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015
52.203-14 Display of Hotline Poster(s) OCT 2015
52.203-16 Preventing Personal Conflicts of Interest DEC 2011
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
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
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
OCT 2015
52.204-13 System for Award Management Maintenance JUL 2013
52.204-15 Service Contract Reporting Requirements for Indefinite-
Delivery Contracts
JAN 2014
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.210-1 Market Research APR 2011
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011
52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
AUG 2011
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010
52.215-15 Pension Adjustments and Asset Reversions OCT 2010
52.215-16 Facilities Capital Cost of Money JUN 2003
52.215-19 Notification of Ownership Changes OCT 1997
52.215-22 Limitations on Pass-Through Charges--Identification of
Subcontract Effort
OCT 2009
52.215-23 Limitations on Pass-Through Charges OCT 2009
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011
52.219-8 Utilization of Small Business Concerns OCT 2014
52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013
52.222-1 Notice To The Government Of Labor Disputes FEB 1997
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards- Overtime
Compensation
MAY 2014
52.222-17 Nondisplacement of Qualified Workers MAY 2014
52.222-19 Child Labor -- Cooperation with Authorities and Remedies FEB 2016
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999
52.222-26 Equal Opportunity APR 2015
52.222-35 Equal Opportunity for Veterans OCT 2015
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015
52.222-54 Employment Eligibility Verification OCT 2015
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-5 Alt I Pollution Prevention and Right-to-Know Information (May
2011) Alternate I
MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-10 Waste Reduction Program MAY 2011
52.223-16 Acquisition of EPEAT (R) - Registered Personal Computer
Products
OCT 2015
52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer
Products - Alternate I
JUN 2014
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent DEC 2007
52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-14 Rights in Data--General MAY 2014
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.228-7 Insurance--Liability To Third Persons MAR 1996
52.229-3 Federal, State And Local Taxes FEB 2013
52.232-1 Payments APR 1984
52.232-8 Discounts For Prompt Payment FEB 2002
52.232-9 Limitation On Withholding Of Payments APR 1984
52.232-11 Extras APR 1984
52.232-17 Interest MAY 2014
52.232-18 Availability Of Funds APR 1984
52.232-23 Assignment Of Claims MAY 2014
52.232-25 Prompt Payment JUL 2013
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
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
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 Changes--Fixed Price AUG 1987
52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984
52.244-2 Subcontracts OCT 2010
52.244-5 Competition In Subcontracting DEC 1996
52.244-6 Subcontracts for Commercial Items FEB 2016
52.246-25 Limitation Of Liability--Services FEB 1997
52.248-1 Value Engineering OCT 2010
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-8 Default (Fixed-Price Supply & Service) APR 1984
52.249-14 Excusable Delays APR 1984
52.251-1 Government Supply Sources APR 2012
52.253-1 Computer Generated Forms JAN 1991
252.201-7000 Contracting Officer's Representative DEC 1991
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
252.203-7004 Display of Fraud Hotline Poster(s) OCT 2015
252.204-7000 Disclosure Of Information AUG 2013
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Alt A System for Award Management Alternate A FEB 2014
252.204-7005 Oral Attestation of Security Responsibilities NOV 2001
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
DEC 2015
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
OCT 2015
252.215-7000 Pricing Adjustments DEC 2012
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010
252.223-7001 Hazard Warning Labels DEC 1991
252.223-7004 Drug Free Work Force SEP 1988
252.225-7048 Export-Controlled Items JUN 2013
252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business
Concerns
SEP 2004
252.227-7000 Non-estoppel OCT 1966
252.227-7014 Rights in Noncommercial Computer Software and
Noncommercial Computer Software Documentation
FEB 2014
252.227-7016 Rights in Bid or Proposal Information JAN 2011
252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2011
252.227-7020 Rights In Special Works JUN 1995
252.227-7025 Limitations on the Use or Disclosure of Government-
Furnished Information Marked with Restrictive Legends
MAY 2013
252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988
252.227-7030 Technical Data--Withholding Of Payment MAR 2000
252.227-7037 Validation of Restrictive Markings on Technical Data JUN 2013
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.239-7001 Information Assurance Contractor Training and Certification JAN 2008
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.246-7001 Warranty Of Data MAR 2014
252.246-7001 Alt II Warranty Of Data (Mar 2014) - Alternate II MAR 2014
CLAUSES INCORPORATED BY FULL TEXT
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER THAN
CERTIFIED COST OR PRICING DATA -- MODIFICATIONS (OCT 2010)
(a) Exceptions from certified cost or pricing data.
(1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth at FAR 15.403-4 on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable--
(i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office.
(ii) Information on modifications of contracts or subcontracts for commercial items.
(A) If--
(1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and
(2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the
Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item.
(B) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include--
(1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities.
(2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market.
(3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item.
(2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation , access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace.
(b) Requirements for certified cost or pricing data. If the Contractor is not granted an exception from the requirement to submit certified cost or pricing data, the following applies:
(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting
Officer and the Contractor agree to a different format and change this clause to use Alternate I.
As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2.
52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 March 2017 through 31 March 2020.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the
Schedule.
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $2.16M;
(2) Any order for a combination of items in excess of $2.88M; or
(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 31 March 2021.
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days before expiration of the contract.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 3 years, 6 months.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any NONE clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.203-7999 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY
AGREEMENTS (DEVIATION 2015-O0010)(FEB 2015)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
http://farsite.hill.af.mil/
(d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing
Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (DEC 2015)
Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
Contractor information system means an information system belonging to, or operated by or for, the Contractor.
Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.
Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical
Documents. The term does not include information that is lawfully publicly available without restrictions.
Covered contractor information system means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
Covered defense information means unclassified information that--
(i) Is--
(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or
(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and
(ii) Falls in any of the following categories:
(A) Controlled technical information.
(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).
(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.
(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or disseminationcontrols pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).
Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.
Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
Rapid(ly) report(ing) means within 72 hours of discovery of any cyber incident.
Technical information means technical data or computer software, as those terms are defined in the clause at DFARS
252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall--
(1) Implement information systems security protections on all covered contractor information systems including, at a minimum--
(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government--
(A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and
(B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or
(ii) For covered contractor information systems that are not part of an IT service or system operated on behalf of the
Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause--
(A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP)
800-171, ``Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,'' http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, as soon as practical, but not later than December 31, 2017. The Contractor shall notify the
DoD CIO, via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award; or
(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection accepted in writing by an authorized representative of the DoD CIO;
and
(2) Apply other security measures when the Contractor reasonably determines that such measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.
(c) Cyber incident reporting requirement.
(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall--
(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and
(ii) Rapidly report cyber incidents to DoD at http://dibnet.dod.mil.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at http://dibnet.dod.mil.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the
Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents.
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