FA4608-14-R-0005-_RECYCLING_SERVICES.pdf
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| FA4608-14-R-0005-0007.pdf | ||
| Bid_Schedule_REVISED.xlsx | XLSX spreadsheet | |
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| Bid_Schedule_REVISED.xlsx | XLSX spreadsheet | |
| Amendment_5.pdf | ||
| 05-2235_Wage_Determination.txt | TXT text file | |
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| WD_05-2235 _Rev_15 _19_Jun_13.docx | DOCX document | |
| UPDATED_Response_to_Questions-.pdf | ||
| FA4608-14-R-0005-0002.doc | DOC document | |
| Site_Visit_Attendance_Sheet.pdf | ||
| Response_to_Questions.docx | DOCX document | |
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FA4608-14-R-0005
2 CONS/LGC - FA4608
41 VANDENBERG AVE
BARKSDALE AFB LA 71110-2079
318-456-2113
318-456-3294
UNDER DPAS (15 CFR 700)
11. DELIVERY FOR FOB
RFQ
SEE SCHEDULE
14. METHOD OF SOLICITATION
IFB RFP
CODE
SEE ADDENDUM
BLOCK IS MARKED
DESTINATION UNLESS
12. DISCOUNT TERMS
(No Collect Calls)
$12.5M
13b. RATING
13a. THIS CONTRACT IS A RATED ORDER
X
CODE
FA4608-14-R-0005 23-Jan-2014
b. TELEPHONE NUMBER
318-456-3612
8. OFFER DUE DATE/LOCAL TIME
04:30 PM 24 Feb 2014
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV 3/2005)
Prescribed by GSA
FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER) 31c. DATE SIGNED
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
22. UNIT 23. UNIT PRICE 24. AMOUNT21. QUANTITY
CODE 10. THIS ACQUISITION IS
UNRESTRICTED
FAX:
NAICS:
TEL:
CODE 18a. PAYMENT WILL BE MADE BYOFFEROR
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TEL.
FA4608
SIZE STD:
9. ISSUED BY
FACILITY
CODE
17a.CONTRACTOR/
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
15. DELIVER TO CODE F1G3A4 16. ADMINISTERED BY
2 MSG/CES/CERF - F1G3A4
334 DAVIS AVE W
STE 102
BARKSDALE AFB LA 71110
TEL: FAX:
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
JUSTINE N SMITH
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF
AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES
SEE SCHEDULE
562111
TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.
SB
HUBZONE SB
SET ASIDE: 100 % FOR
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
TEL: EMAIL:
0 COPIES
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
.OFFER DATED YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 29. AWARD OF CONTRACT: REFERENCE
8(A)
SVC-DISABLED VET-OWNED SB
EMERGING SB
X
X
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL
ITEMS (CONTINUED)
SEE SCHEDULE
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/ SERVICES 21. QUANTITY 22. UNIT 24. AMOUNT
PAGE 2 OF
23. UNIT PRICE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV 3/2005) BACK
Prescribed by GSA
FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 6 Months Recycling Service
FFP
Recycling - Service - In Accordance with Statement of Work.
PERIOD OF PERFORMANCE: 1 APR 2014 - 30 SEP 2014
Contracting Officer Representative (COR): Mr. Alfredo Garza, 318-456-5293
FOB: Destination
SIGNAL CODE: A
NET AMT
1001 12 Months OPTION Recycling Service
FFP
Recycling - Service - In Accordance with Statement of Work.
PERIOD OF PERFORMANCE: 1 OCT 14 - 30 SEP 15
2001 12 Months OPTION Recycling Service
FFP
Recycling - Service - In Accordance with Statement of Work.
PERIOD OF PERFORMANCE: 1 OCT 15 - 30 SEP 16
3001 12 Months OPTION Recycling Service
FFP
Recycling - Service - In Accordance with Statement of Work.
PERIOD OF PERFORMANCE: 1 OCT 16 - 30 SEP 17
4001 12 Months OPTION Recycling Service
FFP
Recycling - Service - In Accordance with Statement of Work.
PERIOD OF PERFORMANCE: 1 OCT 17 - 30 SEP 18
Section E - Inspection and Acceptance
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-2014 TO
30-SEP-2014
N/A 2 MSG/CES/CERF - F1G3A4
334 DAVIS AVE W
STE 102
BARKSDALE AFB LA 71110
F1G3A4
1001 POP 01-OCT-2014 TO
30-SEP-2015
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-OCT-2015 TO
30-SEP-2016
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-OCT-2016 TO
30-SEP-2017
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-OCT-2017 TO
30-SEP-2018
N/A (SAME AS PREVIOUS LOCATION)
252.246-7000 Material Inspection And Receiving Report MAR 2008
Section G - Contract Administration Data
ADMINISTRATIVE DATA
ADMINISTRATIVE DATA
(a) Following award, this contract will be administered by the 2d Contracting Squadron. The name, address, telephone number, and fax number of the Contracting Officer and Administrator are as follows:
CO: Brenda Russo
41 Vandenberg Ave
Barksdale AFB LA 71110-2079
Phone: 318-456-6940
Fax: 318-456-2629
E-mail: brenda.russo@us.af.mil
Admin: Justine Smith
Phone: 318-456-3612
Fax: 318-456-2629
E-mail: justine.smith.1@us.af.mil
(b) The Contracting Officer (CO), is the only person authorized to approve changes or modify any of the requirements under this contract and notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the CO. In the event the Contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in costs incurred as a result thereof.
(c) The Base Civil Engineer or his authorized representative is designated as the technical representative of the contracting office for the purpose of technical surveillance of workmanship and inspection of materials for work being performed under this contract.
252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013
CLAUSES INCORPORATED BY FULL TEXT
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(JUNE 2012)
(a) Definitions. As used in this clause–
(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal
Acquisition Regulation.
mailto:brenda.russo@us.af.mil mailto:justine.smith.1@us.af.mil
(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting
Officer.
(3) Payment request means any request for contract financing payment or invoice payment submitted by the
Contractor under this contract.
(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving
Report.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.
(c) The Contractor may submit a payment request and receiving report using other than WAWF only when–
(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the
Contracting Officer's determination with each request for payment;
(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and
Billing System);
(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or
(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.
(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in
Section G of the contract.
(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.
(End of clause)
Section I - Contract Clauses
52.202-1 Definitions NOV 2013
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-16 Preventing Personal Conflicts of Interest DEC 2011
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management JUL 2013
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-13 System for Award Management Maintenance JUL 2013
52.215-2 Audit and Records--Negotiation OCT 2010
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
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
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.229-3 Federal, State And Local Taxes FEB 2013
52.232-18 Availability Of Funds APR 1984
52.232-23 Assignment Of Claims JAN 1986
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.233-1 Disputes JUL 2002
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
52.249-8 Default (Fixed-Price Supply & Service) APR 1984
52.253-1 Computer Generated Forms JAN 1991
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7011 Alternative Line Item Structure SEP 2011
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7001 Disclosure of Ownership or Control by the Government of a
Terrorist Country
JAN 2009
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Terrorist Country
DEC 2006
252.215-7008 Only One Offer OCT 2013
252.223-7006 Prohibition On Storage And Disposal Of Toxic And
Hazardous Materials
APR 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2013)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
X Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct
1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010)
(Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of
2009.)
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L.
109-282) (31 U.S.C. 6101 note).
(5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).
X (6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).
X (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41
U.S.C. 2313).
X (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) (section 738 of
Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L.
111-8, and section 745 of Division D of Pub. L. 110-161).
(9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).
(10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
(11) [Reserved]
(12)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).
(ii) Alternate I (NOV 2011).
(iii) Alternate II (NOV 2011).
(13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
(ii) Alternate I (Oct 1995) of 52.219-7.
(iii) Alternate II (Mar 2004) of 52.219-7.
(14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).
(15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).
(ii) Alternate I (Oct 2001) of 52.219-9.
(iii) Alternate II (Oct 2001) of 52.219-9.
(iv) Alternate III (Jul 2010) of 52.219-9.
(16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).
X (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).
(18) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
(19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008)
(10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
(ii) Alternate I (June 2003) of 52.219-23.
(20) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Dec
2010) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
(21) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub.
L. 103-355, section 7102, and 10 U.S.C. 2323).
(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.
657f).
X (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).
(24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB)
Concerns (APR 2012) (15 U.S.C. 637(m)).
(25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the
WOSB Program (APR 2012) (15 U.S.C. 637(m)).
X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (27) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (MAR 2012) (E.O. 3126).
X (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
X (29) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
X (30) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).
X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
X (32) 52.222-37, Employment Reports on Veterans (Sep 2010) (38 U.S.C. 4212).
X (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
(34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in
22.1803.)
(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42
U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
(36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
X (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products
(Dec 2007) (E.O. 13423).
(ii) Alternate I (Dec 2007) of 52.223-16.
X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.
13513).
(39) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).
(40)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2012) (41 U.S.C. chapter
83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
(ii) Alternate I (MAR 2012) of 52.225-3.
(iii) Alternate II (MAR 2012) of 52.225-3.
(iv) Alternate III (NOV 2012) of 52.225-3.
X (41) 52.225-5, Trade Agreements (NOV 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
(43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150
(44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
(45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C.
2307(f)).
_ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
X (47) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31
U.S.C. 3332).
(48) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31
U.S.C. 3332).
(49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).
(50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
(51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.
1241(b) and 10 U.S.C. 2631).
(ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)
X (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
In compliance with the Service Contract of 1965, as amended, and the regulations of the Secretary of Labor (29
CFR Para 4), this clause identifies the classes of Service employees expected to be employed under this 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 5332. This statement is for information only. IT IS NOT A WAGE
DETERMINATION.
EMPLOYEE CLASS MONETARY WAGE FRINGE BENEFITS
Laborer, WG-2, Step 7 $11.14 32.85%
X (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and
Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
(4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).
(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—
Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
_X__ (7) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O.13495).
(8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
(9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph
(d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the
Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. L. 110-252, Title VI, Chapter 1
(41 U.S.C. 251 note).
(ii) 52.219-8, Utilization of Small Business Concerns (DEC 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (OCT 1998) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)).
Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--
Requirements (FEB 2009) (41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (JUL 2012).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor May include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (NOV 2013)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to https://acquisition.gov/far/current/html/52_215.html#wp1144470 https://acquisition.gov/far/current/html/Subpart%204_7.html#wp1082800 litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b) (1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (JAN 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C .Chapter 67).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. Chapter 67).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-
Requirements (Feb 2009) (41 U.S.C. Chapter 67).
(xii) 52.222-54, Employment Eligibility Verification (E.O. 12989) (JUL 2012).
https://acquisition.gov/far/current/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_217_221.html#wp1136032 https://acquisition.gov/far/current/html/52_222.html#wp1147587 https://acquisition.gov/far/current/html/52_222.html#wp1147587 https://acquisition.gov/far/current/html/52_222.html#wp1147711 https://acquisition.gov/far/current/html/52_222.html#wp1158632 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1148097 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+2+78++%2829%29%20%20AND%20%28%2829%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1160019 https://acquisition.gov/far/current/html/52_222.html#wp1160019 https://acquisition.gov/far/current/html/52_222.html#wp1160021 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t21t25+618+103++%2822%29%20%20AND%20%28%2822%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1151848 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t21t25+618+103++%2822%29%20%20AND%20%28%2822%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://acquisition.gov/far/current/html/52_222.html#wp1155380 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_222.html#wp1155440 http://uscode.house.gov/ https://acquisition.gov/far/current/html/52_222.html#wp1156645
(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section
862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C.
Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-
64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
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 60 days.
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 5 years.
https://acquisition.gov/far/current/html/52_223_226.html#wp1183820 https://acquisition.gov/far/current/html/52_223_226.html#wp1183820 https://acquisition.gov/far/current/html/52_247.html#wp1156217 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+351+1++%2846%29%20%20AND%20%28%2846%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t45t48+351+1++%2846%29%20%20AND%20%28%2846%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://acquisition.gov/far/current/html/52_247.html#wp1156217 https://acquisition.gov/far/current/html/52_247.html#wp1156217
52.223-2 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND
CONSTRUCTION CONTRACTS (SEP 2013)
(a) In the performance of this contract, the contractor shall make maximum use of biobased products that are United
States Department of Agriculture (USDA)-designated items unless--
(1) The product cannot be acquired--
(i) Competitively within a time frame providing for compliance with the contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
(2) The product is to be used in an application covered by a USDA categorical exemption (see 7 CFR 3201.3(e)).
For example, all USDA-designated items are exempt from the preferred procurement requirement for the following:
(i) Spacecraft system and launch support equipment.
(ii) Military equipment, i.e., a product or system designed or procured for combat or combat-related missions.
(b) Information about this requirement and these products is available at http://www.biopreferredgov.
(c) In the performance of this contract, the Contractor shall--
(1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDA-designated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and
(2) Submit this report no later than--
(i) October 31 of each year during contract performance; and
(ii) At the end of contract performance.
52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)
(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection
Agency designates in 40 CFR part 82 as--
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform;
or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:
“WARNING: Contains (or manufactured with, if applicable), a substance(s) which harm(s) public health and http://www.biopreferredgov/ http://www.sam.gov/ environment by destroying ozone in the upper atmosphere.”----------------------------
The Contractor shall insert the name of the substance(s).
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond _______(TBD at time of award) . The
Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the
Government for any payment may arise for performance under this contract beyond_______ (TBD at time of award), until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.
(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.
52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (APR 2012)
(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an ``as-is, where is'' condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.
(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.
(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.
(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the
Government Property clause of this contract.
(e) Government property provided under this clause:
Refer to the Statement of Work, Appendix C
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 FAR (Chapter 1), DFARS (Chapter 2), and AFFARS (Chapter 53)
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(JUNE 2012)
(a) Definitions. As used in this clause–
(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal
Acquisition Regulation.
(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting
Officer.
(3) Payment request means any request for contract financing payment or invoice payment submitted by the
Contractor under this contract.
(4) Receiving report means the data required by the clause at 252.246-7000, Material Inspection and Receiving
Report.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.
(c) The Contractor may submit a payment request and receiving report using other than WAWF only when–
(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the
Contracting Officer's determination with each request for payment;
(2) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and
Billing System);
(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or
(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.
(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in
Section G of the contract.
(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.
252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (MAY 2006)
(a) Contract line item(s) TBD through TBDare incrementally funded. For these item(s), the sum of $TBD of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.
(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE
GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE
CONVENIENCE OF THE GOVERNMENT".
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph
(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.
The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the
Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "disputes."
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled
"DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract if fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or
(e) of this clause.
(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract $--
(month) (day), (year) $----
OMBUDSMAN (NOV 2012)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the
Center/MAJCOM/DRU or AFISRA ombudsmen, AFICA/KG
Col Fiona A Christianson
66 Kennedy Avenue, Suite 233
Barksdale AFB, LA 71110
Phone: (318) 456-6336 email: ig.afica_kg.workflow@us.af.mil
Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or
AFISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC
20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements.
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