Draft RFP Solicitation 16 Nov 09.doc
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- Solicitation number
- FA4890-09-R-0019
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Draft RFP PMEL 16 Nov 09
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Section E - Inspection and Acceptance
CLAUSES INCORPORATED BY REFERENCE
| 52.246-3 |
| Inspection Of Supplies Cost-Reimbursement |
| MAY 2001 |
| 52.246-4 |
| Inspection Of Services--Fixed Price |
| AUG 1996 |
| 52.246-5 |
| Inspection Of Services Cost-Reimbursement |
| APR 1984 |
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
CLAUSES INCORPORATED BY FULL TEXT
52.246-11 HIGHER-LEVEL CONTRACT QUALITY (FEB 1999)
The Contractor shall comply with the higher-level quality standard selected below. (If more than one standard is listed, the offeror shall indicate its selection by checking the appropriate block.)
Title Number Date Tailoring
Quality Management ISO/IEC 9001:2008 NOV 2008 Systems Requirements
(End of clause)
52.246-20 WARRANTY OF SERVICES (MAY 2001)
(a) Definition.
"Acceptance," as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.
(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor 60 days. This notice shall state either (1) that the Contractor shall correct or reperform any defective or nonconforming services, or (2) that the Government does not require correction or reperformance.
(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.
(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.
(End of clause)
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| UIC |
CLAUSES INCORPORATED BY REFERENCE
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 52.247-55 |
| F.O.B. Point For Delivery Of Government-Furnished Property |
| JUN 2003 |
PERIOD OF PERFORMANCE
The period of performance under this contract is as follows:
a. Transition Period: contract award through 30 Sep 2010
b. Contract Year 1 (Basic): 1 Oct 2010 through 30 Sep 2011
c. Contract Year 2 (Option): 1 Oct 2011 through 30 Sep 2012
d. Contract Year 3 (Option): 1 Oct 2012 through 30 Sep 2013
e. Contract Year 4 (Option): 1 Oct 2013 through 30 Sep 2014
f. Contract Year 5 (Option): 1 Oct 2014 through 30 Sep 2015
Section G - Contract Administration Data
CLAUSES INCORPORATED BY REFERENCE
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| MAR 2008 |
G-1 INVOICING INSTRUCTIONS
INVOICES
a. All firm fixed price and cost reimbursable efforts performed under this contract may be invoiced not more than a monthly basis. Invoices shall be submitted electronically using Wide Area Work Flow (WAWF) combination invoice/receiving report, to DFAS Limestone in accordance with DFARS 252.232-7003, Electronic Submission of Payment Requests.
b. All backup documentation shall cite invoice number and shall be submitted through WAWF or emailed to the ACC AMIC/PMS and ACC AMIC/PKC contract administrator when invoice is submitted in WAWF. Payments and withholdings are subject to the inspection and payment clauses in Section E and I, as well as the Service Delivery Summary in the Performance Work Statement.
c. Cost reimbursable invoices shall be supported by data submitted in the appropriate cost data CDRL submitted for each particular month being invoiced.
Section H - Special Contract Requirements
CLAUSES INCORPORATED BY FULL TEXT
5352.204-9000 NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP SECURITY AGREEMENTS (APR 2003)
This contract contains a DD Form 254, DOD Contract Security Classification Specification, and requires performance at a government location in the U.S. or overseas. Prior to beginning operations involving classified information on an installation identified on the DD Form 254, the contractor shall take the following actions:
(a) At least thirty days prior to beginning operations, notify the security police activity shown in the distribution block of the DD Form 254 as to:
(1) The name, address, and telephone number of this contract company’s representative and designated alternate in the U.S. or overseas area, as appropriate;
(2) The contract number and military contracting command;
(3) The highest classification category of defense information to which contractor employees will have access;
(4) The Air Force installations in the U.S. (in overseas areas, identify only the APO number(s)) where the contract work will be performed;
(5) The date contractor operations will begin on base in the U.S. or in the overseas area;
(6) The estimated completion date of operations on base in the U.S. or in the overseas area; and
(7) Any changes to information previously provided under this clause.
This requirement is in addition to visit request procedures contained in DOD 5220.22-M, National Industrial Security Program Operating Manual.
(b) Prior to beginning operations involving classified information on an installation identified on the DD Form 254 where the contractor is not required to have a facility security clearance, the contractor shall enter into a Visitor Group Security Agreement (or understanding) with the installation commander to ensure that the contractor’s security procedures are properly integrated with those of the installation. As a minimum, the agreement shall identify the security actions that will be performed:
(1) By the installation for the contractor, such as providing storage and classified reproduction facilities, guard services, security forms, security inspections under DOD 5220.22-M, classified mail services, security badges, visitor control, and investigating security incidents; and
(2) Jointly by the contractor and the installation, such as packaging and addressing classified transmittals, security checks, internal security controls, and implementing emergency procedures to protect classified material.
(END OF CLAUSE)
CLAUSES INCORPORATED BY FULL TEXT
5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (JUN 1997)
(a) In performing work under this contract on a Government installation, the contractor shall:
(1) Comply with the specific health and safety requirements established by this contract;
(2) Comply with the health and safety rules of the Government installation that concern related activities not directly addressed in this contract;
(3) Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of contractor and Government personnel performing or in any way coming in contact with the performance of this contract; and
(4) Take such additional immediate precautions as the contracting officer may reasonably require for health and safety purposes.
(b) The contracting officer may, by written order, direct Air Force Occupational Safety and Health Standards (AFOSH) and/or health/safety standards as may be required in the performance of this contract and any adjustments resulting from such direction will be in accordance with the Changes clause of this contract.
(c) Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the contracting officer, shall be grounds for termination of this contract in accordance with the Default clause of this contract.
(End of clause)
H-1 COST-REIMBURSABLE CLINS
Materials and services provided on a cost-reimbursable basis shall be coordinated and preapproved by the Government, prior to incurring costs. Reimbursement will be limited to actual expenses plus the contractor’s handling rate, as shown in the Schedule of Services/Prices, and subject to the cost ceiling that applies to each particular CLIN. No other indirect charges shall apply. In addition, reimbursement for travel expenses is subject to the limitations/policies of the Joint Federal Travel Regulation.
H-3 PERIODIC PROGRESS MEETINGS
(a) The contracting officer, program manager, qualilty assurance and other Government personnel, as appropriate, will meet periodically with the contractor to review the contractor’s performance. At these meetings, the Government will apprise the contractor of the Government’s assessment of the contractor’s performance and the contractor will advise the Government of any problems experienced.
(b) These meetings may be held frequently during the first quarter of contract performance, and quarterly, or as needed, thereafter. Meetings will generally be held at ACC AMIC. Travel expenses for meetings held elsewhere shall be reimbursed to the contractor under the cost-reimbursable services CLIN.
H-4 REQUIRED INSURANCE
In accordance with FAR Clause 52.228-5 entitled “Insurance – Work on a Government Installation,” the contractor shall maintain the following kinds of insurance with respect to performance under the contract:
(a) Workmen’s Compensation and Employer’s Liability Insurance as required by law, except that if this contract is to be performed in a state which does not require or permit private insurance, then compliance with the statutory or administrative requirements in any such state will be satisfactory. The required Workmen’s Compensation insurance shall extend to cover employer’s liability for accidental bodily injury or death and for occupational disease with a minimum liability limit of $100,000. Workman’s Compensation coverage shall also include war-hazard risk protection, as required by the Defense Base Act.
(b) General Liability Insurance: Bodily injury liability insurance, in the minimum limits of $500,000 per occurrence, shall be required on the comprehensive form of policy.
(c) Automobile Liability Insurance: This insurance shall be required on the comprehensive form of policy and shall provide boidly injury liability and property damage liability covering the operation of all automobiles used in connection with the performance of the contract. At least the minimum limits of $100,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage shall be required.
H-5 TECHNICAL DIRECTION
(a) Technical direction under this contract will be given to the contractor by ACC AMIC personnel. Technical direction is defined as the process by which the contractor receives guidance and approvals in its technical effort as it relates to an element of work solely within the existing requirements of the contract, or as a result of technical review of the contractor’s work by ACC AMIC.
(b) Only the contracting officer is authorized to direct the contractor in any manner changing the requirements of the contract. Such redirection or modification of contract terms shall be accomplished only by issuance of change orders or supplemental agreements to this contract signed by the contracting officer. If the contractor believes technical direction given involves a change in contractual requirements, it shall immediately notify the contracting officer.
H-2 INCORPORATION OF PROPOSAL
(a) The Government reserves the right to incorporate into this contract portions of the successful contractor’s proposal submitted in response to this solicitation. However, the PWS and the terms and conditions of the resulting contract take precedence over any ambiguity in the contractor’s proposal.
(b) In those areas where the contractor’s proposal exceeds the stated PWS requirements, the contractor’s proposal is binding and prevails. The contractor is expected and required to adhere to its proposed approach for meeting the contract requirements.
H-7 CONTINUITY OF PERFORMANCE
Continuity of performance and uninterrupted mission support must be maintained during any contract transition without degradation of performance/support. Prior to contract completion, if applicable, the incumbent shall provide sufficient orientation and equipment/system familiarization information required by the follow-on contractor. The incumbent agrees to cooperate fully with the Government and the follow-on contractor to ensure an orderly transition and to ensure that continuity is maintained. During the transition period, the contractor shall make available all official files, manuals, charts, records, drawings and other official documentation that are the property of the Government and shall remain on location for use by the Government or follow-on contractor during the transition period.
H-8 AWARD FEE
Award fee will be assessed in accordance with the Award Fee Plan, incorporated as an appendix to the PWS, and will be determined by the Government’s judgmental evaluation of the contractor’s performance in terms of the criteria established in the plan. This assessment will consider performance of the entire effort (both fixed-price and cost-reimbursable portions), for the period under evaluation. The determination and the methodology for determining the award fee are unilateral decisions made solely at the discretion of the Government.
H-6 DELIVERABLES
All deliverables are Government-owned property upon submittal. Should any deliverable contain proprietary information, said information shall be clearly identified by italics and shall be clearly annotated with the word “PROPRIETARY” in brackets, immediately prior to and immediately following the proprietary information. All such deliverables shall contain a summary page cross-referencing proprietary information by page number and paragraph and shall contain specific rationale as to why the information is considered proprietary.
H-9 BASE PRIVILEGES
In accordance with United States Air Force Europe (USAFE) policy, contractor personnel that hold United States citizenship working at the Royal Air Force (RAF) Lakenheath and RAF Feltwell Precision Measurement Equipment Laboratories (PMEL), United Kingdom (UK) sites are granted the following base privileges:
1.
Use of commissary
2.
Use of Army Air Force Exchange Services (AAFES) and Base Exchange
3.
Use of gasoline ration card
4.
Use of child care facilities and services
5.
Use of Department of Department Dependent (DODDs) schools
6.
Use of Morale, Welfare, and Recreation (MWR) facilities such as movie theater and library
7.
Use of base gymnasium Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
| 52.202-1 |
| Definitions |
| JUL 2004 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| APR 1984 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.203-7 |
| Anti-Kickback Procedures |
| JUL 1995 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| JAN 1997 |
| 52.203-10 |
| Price Or Fee Adjustment For Illegal Or Improper Activity |
| JAN 1997 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| SEP 2007 |
| 52.203-13 |
| Contractor Code of Business Ethics and Conduct |
| DEC 2008 |
| 52.204-2 |
| Security Requirements |
| AUG 1996 |
| 52.204-4 |
| Printed or Copied Double-Sided on Recycled Paper |
| AUG 2000 |
| 52.204-7 |
| Central Contractor Registration |
| APR 2008 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel |
| SEP 2007 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| SEP 2006 |
| 52.211-5 |
| Material Requirements |
| AUG 2000 |
| 52.215-2 |
| Audit and Records--Negotiation |
| MAR 2009 |
| 52.215-8 |
| Order of Precedence--Uniform Contract Format |
| OCT 1997 |
| 52.215-11 |
| Price Reduction for Defective Cost or Pricing Data--Modifications |
| OCT 1997 |
| 52.215-13 |
| Subcontractor Cost or Pricing Data--Modifications |
| OCT 1997 |
| 52.215-14 |
| Integrity of Unit Prices |
| OCT 1997 |
| 52.215-15 |
| Pension Adjustments and Asset Reversions |
| OCT 2004 |
| 52.215-18 |
| Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions |
| JUL 2005 |
| 52.215-19 |
| Notification of Ownership Changes |
| OCT 1997 |
| 52.215-21 |
| Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications |
| OCT 1997 |
| 52.215-21 Alt IV |
| Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications (Oct 1997) - Alternate IV |
| OCT 1997 |
| 52.216-7 |
| Allowable Cost And Payment |
| DEC 2002 |
| 52.217-5 |
| Evaluation Of Options |
| JUL 1990 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| MAY 2004 |
| 52.219-9 |
| Small Business Subcontracting Plan |
| APR 2008 |
| 52.219-28 |
| Post-Award Small Business Program Rerepresentation |
| APR 2009 |
| 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 Act - Overtime Compensation |
| JUL 2005 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| FEB 1999 |
| 52.222-26 |
| Equal Opportunity |
| MAR 2007 |
| 52.222-29 |
| Notification Of Visa Denial |
| JUN 2003 |
| 52.222-35 |
| Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans |
| SEP 2006 |
| 52.222-36 |
| Affirmative Action For Workers With Disabilities |
| JUN 1998 |
| 52.222-37 |
| Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, and Other Eligible Veterans |
| SEP 2006 |
| 52.222-41 |
| Service Contract Act Of 1965 |
| NOV 2007 |
| 52.222-43 |
| Fair Labor Standards Act And Service Contract Act - Price Adjustment (Multiple Year And Option) |
| SEP 2009 |
| 52.222-50 |
| Combating Trafficking in Persons |
| FEB 2009 |
| 52.223-5 |
| Pollution Prevention and Right-to-Know Information |
| AUG 2003 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-10 |
| Waste Reduction Program |
| AUG 2000 |
| 52.223-14 |
| Toxic Chemical Release Reporting |
| AUG 2003 |
| 52.224-1 |
| Privacy Act Notification |
| APR 1984 |
| 52.224-2 |
| Privacy Act |
| APR 1984 |
| 52.225-8 |
| Duty-Free Entry |
| FEB 2000 |
| 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 |
| DEC 2007 |
| 52.227-23 |
| Rights to Proposal Data (Technical) |
| JUN 1987 |
| 52.228-5 |
| Insurance - Work On A Government Installation |
| JAN 1997 |
| 52.229-3 |
| Federal, State And Local Taxes |
| APR 2003 |
| 52.229-6 |
| Taxes--Foreign Fixed-Price Contracts |
| JUN 2003 |
| 52.229-10 |
| State of New Mexico Gross Receipts and Compensating Tax |
| APR 2003 |
| 52.230-2 |
| Cost Accounting Standards |
| OCT 2008 |
| 52.230-3 |
| Disclosure And Consistency Of Cost Accounting Practices |
| OCT 2008 |
| 52.230-6 |
| Administration of Cost Accounting Standards |
| MAR 2008 |
| 52.232-1 |
| Payments |
| APR 1984 |
| 52.232-8 |
| Discounts For Prompt Payment |
| FEB 2002 |
| 52.232-11 |
| Extras |
| APR 1984 |
| 52.232-17 |
| Interest |
| OCT 2008 |
| 52.232-18 |
| Availability Of Funds |
| APR 1984 |
| 52.232-20 |
| Limitation Of Cost |
| APR 1984 |
| 52.232-23 |
| Assignment Of Claims |
| JAN 1986 |
| 52.232-25 |
| Prompt Payment |
| OCT 2008 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--Central Contractor Registration |
| OCT 2003 |
| 52.232-37 |
| Multiple Payment Arrangements |
| MAY 1999 |
| 52.233-1 |
| Disputes |
| JUL 2002 |
| 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 |
| 52.242-1 |
| Notice of Intent to Disallow Costs |
| APR 1984 |
| 52.242-3 |
| Penalties for Unallowable Costs |
| MAY 2001 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.243-1 Alt I |
| Changes--Fixed Price (Aug 1987) - Alternate I |
| APR 1984 |
| 52.243-2 Alt II |
| Changes--Cost Reimbursement (Aug 1987) - Alternate II |
| APR 1984 |
| 52.244-5 |
| Competition In Subcontracting |
| DEC 1996 |
| 52.244-6 |
| Subcontracts for Commercial Items |
| AUG 2009 |
| 52.245-1 |
| Government Property |
| JUN 2007 |
| 52.245-9 |
| Use And Charges |
| JUN 2007 |
| 52.246-23 |
| Limitation Of Liability |
| FEB 1997 |
| 52.246-25 |
| Limitation Of Liability--Services |
| FEB 1997 |
| 52.248-1 |
| Value Engineering |
| FEB 2000 |
| 52.249-2 |
| Termination For Convenience Of The Government (Fixed-Price) |
| MAY 2004 |
| 52.249-6 |
| Termination (Cost Reimbursement) |
| MAY 2004 |
| 52.249-8 |
| Default (Fixed-Price Supply & Service) |
| APR 1984 |
| 52.249-14 |
| Excusable Delays |
| APR 1984 |
| 52.251-1 |
| Government Supply Sources |
| APR 1984 |
| 52.252-2 |
| Clauses Incorporated By Reference |
| FEB 1998 |
| 52.252-6 |
| Authorized Deviations In Clauses |
| APR 1984 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 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 |
| JAN 2009 |
| 252.204-7000 |
| Disclosure Of Information |
| DEC 1991 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7004 Alt A |
| Central Contractor Registration (52.204-7) Alternate A |
| SEP 2007 |
| 252.204-7005 |
| Oral Attestation of Security Responsibilities |
| NOV 2001 |
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
| 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 Terrorist Country |
| DEC 2006 |
| 252.211-7007 |
| Reporting of Government-Furnished Equipment in the DoD Item Unique Identification (IUID) Registry |
| NOV 2008 |
| 252.215-7000 |
| Pricing Adjustments |
| DEC 1991 |
| 252.216-7003 |
| Economic Price Adjustment - Wage Rates or Material Prices Controlled by a Foreign Government |
| JUN 1997 |
| 252.219-7003 |
| Small Business Subcontracting Plan (DOD Contracts) |
| APR 2007 |
| 252.222-7002 |
| Compliance With Local Labor Laws (Overseas) |
| JUN 1997 |
| 252.223-7001 |
| Hazard Warning Labels |
| DEC 1991 |
| 252.223-7004 |
| Drug Free Work Force |
| SEP 1988 |
| 252.223-7006 |
| Prohibition On Storage And Disposal Of Toxic And Hazardous Materials |
| APR 1993 |
| 252.225-7001 |
| Buy American Act And Balance Of Payments Program |
| JAN 2009 |
| 252.225-7003 |
| Report of Intended Performance Outside the United States and Canada--Submission with Offer |
| DEC 2006 |
| 252.225-7004 |
| Report of Contract Performance Outside the United States and Canada--Submission after Award |
| MAY 2007 |
| 252.225-7006 |
| Quarterly Reporting of Actual Contract Performance Outside the United States |
| MAY 2007 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| DEC 2008 |
| 252.225-7026 |
| Acquisition Restricted to Products or Services |
| SEP 2008 |
| 252.225-7041 |
| Correspondence in English |
| JUN 1997 |
| 252.225-7043 |
| Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States |
| MAR 2006 |
| 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 |
| 252.227-7013 |
| Rights in Technical Data--Noncommercial Items |
| NOV 1995 |
| 252.227-7015 |
| Technical Data--Commercial Items |
| NOV 1995 |
| 252.227-7025 |
| Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends |
| JUN 1995 |
| 252.227-7037 |
| Validation of Restrictive Markings on Technical Data |
| SEP 1999 |
| 252.229-7006 |
| Value Added Tax Exclusion (United Kingdom) |
| JUN 1997 |
| 252.229-7007 |
| Verification of United States Receipt of Goods |
| JUN 1997 |
| 252.231-7000 |
| Supplemental Cost Principles |
| DEC 1991 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| MAR 2008 |
| 252.232-7008 |
| Assignment of Claims (Overseas) |
| JUN 1997 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.233-7001 |
| Choice of Law (Overseas) |
| JUN 1997 |
| 252.235-7003 |
| Frequency Authorization |
| DEC 1991 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| MAR 1998 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| MAY 2002 |
| 252.247-7024 |
| Notification Of Transportation Of Supplies By Sea |
| MAR 2000 |
| 252.251-7000 |
| Ordering From Government Supply Sources |
| NOV 2004 |
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 01 Oct 2010 through 30 Sep 2011 and any option periods exercised and terms awarded.
(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.
(End of clause)
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 $300,000, 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 $9,000,000;
(2) Any order for a combination of items in excess of $19,000,000; or
(3) A series of orders from the same ordering office within 30 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 5 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.
(End of clause) 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 6 months after end of the final option period.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
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 30 days prior to the end of the final option period.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
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 days (60 days unless a different number of days is inserted) 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 69 months.
(End of clause)
52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)
(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed amount authroized by the Contracting Officer or the overtime premium is paid for work --
(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;
(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;
(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or
(4) That will result in lower overall costs to the Government.
(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall--
(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime;
(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;
(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and
(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.
* Insert either "zero" or the dollar amount agreed to during negotiations. The inserted figure does not apply to the exceptions in paragraph (a)(1) through (a)(4) of the clause.
(End of clause)
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332 This Statement is for Information Only.
It is not a Wage Determination.
| Employee Class |
| Monetary Wage (Fringe Benefits – See Below) |
| Hourly Rate |
| Program Manager |
| GS-12 |
| $36.72 |
| Deputy Program Manager |
| GS-11 |
| $30.63 |
| Finance/Administrative Assistant (Secretary III) |
| GS-9 |
| $25.32 |
| PMEL Site Manager |
| WS-12 |
| $31.19 |
| Quality Process Evaluator (Technician III) |
| WG-12 |
| $24.51 |
| Material Coordinator |
| GS-5 |
| $16.71 |
| Service Order Dispatcher |
| GS-5 |
| $16.71 |
| Lab Supervisor (Technician III) |
| WG-12 |
| $24.51 |
| Technician III |
| WG-12 |
| $24.51 |
| Technician II |
| WG-11 |
| $23.43 |
| Technician I |
| WG-10 |
| $22.31 |
FRINGE BENEFITS:
(1) ANNUAL LEAVE: 13 days of paid leave for up to 3 years of service; 20 days of paid leave for 3 to 5 years of service; 26 days of paid leave for 15 years of service and above
(2) SICK LEAVE: 13 days of paid sick leave per year
(3) HOLIDAYS: 10 paid holidays per year
(4) HEALTH INSURANCE: The employer pays approximately 72% and the employee pays approximately 28% of health insurance premiums.
(5) GROUP LIFE INSURANCE: The employer pays approximately 33% and the employee pays approximately 67% of life insurance premiums.
(6) RETIREMENT: For employees under the Civil Service Retirement System (CSRS), the employer contributes 8.51% of basic pay and the employee contributes 7% of basic pay. For employees under the Federal Employees Retirement System (FERS), the employer contributes 11.42% of basic pay and the employee contributes 0.8% of basic pay.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.229-8 TAXES--FOREIGN COST-REIMBURSEMENT CONTRACTS (MAR 1990)
(a) Any tax or duty from which the United States Government is exempt by agreement with the Government of United Kingdom, or from which the Contractor or any subcontractor under this contract is exempt under the laws of United Kingdom, shall not constitute an allowable cost under this contract.
(b) If the Contractor or subcontractor under this contract obtains a foreign tax credit that reduces its Federal income tax liability under the United States Internal Revenue Code (Title 26, U.S. Code) because of the payment of any tax or duty that was reimbursed under this contract, the amount of the reduction shall be paid or credited at the time of such offset to the Government of the United States as the Contracting Officer directs.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR 1984)
Funds are not presently available for performance under this contract beyond 30 Sep 2010 . 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 30 Sep 2010, 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.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.232-22 LIMITATION OF FUNDS (APR 1984)
(a) The parties estimate that performance of this contract will not cost the Government more than (1) the estimated cost specified in the Schedule or, (2) if this is a cost-sharing contract, the Government's share of the estimated cost specified in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the estimated cost, which, if this is a cost-sharing contract, includes both the Government's and the Contractor's share of the cost.
(b) The Schedule specifies the amount presently available for payment by the Government and allotted to this contract, the items covered, the Government's share of the cost if this is a cost-sharing contract, and the period of performance it is estimated the allotted amount will cover. The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the Schedule, exclusive of any fee. The Contractor agrees to perform, or have performed, work on the contract up to the point at which the total amount paid and payable by the Government under the contract approximates but does not exceed the total amount actually allotted by the Government to the contract.
(c) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of (1) the total amount so far allotted to the contract by the Government or, (2) if this is a cost-sharing contract, the amount then allotted to the contract by the Government plus the Contractor's corresponding share. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule.
(d) Sixty days before the end of the period specified in the Schedule, the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the contract or for any further period specified in the Schedule or otherwise agreed upon, and when the funds will be required.
(e) If, after notification, additional funds are not allotted by the end of the period specified in the Schedule or another agreed-upon date, upon the Contractor's written request the Contracting Officer will terminate this contract on that date in accordance with the provisions of the Termination clause of this contract. If the Contractor estimates that the funds available will allow it to continue to discharge its obligations beyond that date, it may specify a later date in its request, and the Contracting Officer may terminate this contract on that later date.
(f) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause--
(1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this contract; and
(2) The Contractor is not obligated to continue performance under this contract (including actions under the Termination clause of this contract) or otherwise incur costs in excess of (i) the amount then allotted to the contract by the Government or, (ii) if this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor's corresponding share, until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this contract.
(g) The estimated cost shall be increased to the extent that (1) the amount allotted by the Government or, (2) if this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor's corresponding share, exceeds the estimated cost specified in the Schedule. If this is a cost-sharing contract, the increase shall be allocated in accordance with the formula specified in the Schedule.
(h) No notice, communication, or representation in any form other than that specified in subparagraph (f)(2) above, or from any person other than the Contracting Officer, shall affect the amount allotted by the Government to this contract. In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any costs in excess of the total amount allotted by the Government to this contract, whether incurred during the course of the contract or as a result of termination.
(i) When and to the extent that the amount allotted by the Government to the contract is increased, any costs the Contractor incurs before the increase that are in excess of (1) the amount previously allotted by the Government or, (2) if this is a cost-sharing contract, the amount previously allotted by the Government to the contract plus the Contractor's corresponding share, shall be allowable to the same extent as if incurred afterward, unless the Contracting Officer issues a termination or other notice and directs that the increase is solely to cover termination or other specified expenses.
(j) Change orders shall not be considered an authorization to exceed the amount allotted by the Government specified in the Schedule, unless they contain a statement increasing the amount allotted.
(k) Nothing in this clause shall affect the right of the Government to terminate this contract. If this contract is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each.
(l) If the Government does not allot sufficient funds to allow completion of the work, the Contractor is entitled to a percentage of the fee specified in the Schedule equalling the percentage of completion of the work contemplated by this contract.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
252.211-7003 ITEM IDENTIFICATION AND VALUATION (AUG 2008)
(a) Definitions. As used in this clause'
Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
Concatenated unique item identifier means--
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.
Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.
DoD unique item identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.
Government's unit acquisition cost means--
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.
Issuing agency means an organization responsible for assigning a non-repeatable identifier to an enterprise (i.e., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, or Defense Logistics Information System (DLIS) Commercial and Government Entity (CAGE) Code).
Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.
Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) All delivered items for which the Government's unit acquisition cost is $5,000 or more.
(ii) The following items for which the Government's unit acquisition cost is less than $5,000:
Contract line, subline, or exhibit line item No. Item description
(iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number ----.
(2) The unique item identifier and the component data elements of the DoD unique item identification shall not change over the life of the item.
(3) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--
(i) The encoded data elements (except issuing agency code) of the unique item identifier are marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and
(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology--Transfer Syntax for High Capacity Automatic Data Capture Media.
(4) Unique item identifier.
(i) The Contractor shall--
(A) Determine whether to--
(1) Serialize within the enterprise identifier;
(2) Serialize within the part, lot, or batch number; or
(3) Use a DoD recognized unique identification equivalent; and
(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in the version of MIL-STD-130, Identification Marking of U.S. Military Property, cited in the contract Schedule.
(ii) The issuing agency code--
(A) Shall not be placed on the item; and
(B) Shall be derived from the data qualifier for the enterprise identifier.
(d) For each item that requires unique item identification under paragraph (c)(1)(i) or (ii) of this clause, in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, either as part of, or associated with, the Material Inspection and Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) Enterprise identifier (if concatenated unique item identifier is used).
(5) Original part number (if there is serialization within the original part number).
(6) Lot or batch number (if there is serialization within the lot or batch number).
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Government's unit acquisition cost.
(11) Unit of measure.
(e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause, the Contractor shall report as part of, or associated with, the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:
(1) Unique item identifier of the parent item under paragraph (c)(1) of…
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