Solicitation - FA500023Q0035.pdf
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- Solicitation number
- FA500023Q0035
About this file
This is a solicitation from the 673d Contracting Squadron at Joint Base Elmendorf-Richardson seeking offers from economically-disadvantaged woman-owned small businesses for the demolition of four unaccompanied housing units at Fort Richardson, totaling approximately 23,166 square feet. The solicitation requires offerors to provide all labor, materials, and equipment to complete the demolition, removal, and disposal of the wood-framed buildings in accordance with the performance work statement, specifications, and drawings. The period of performance is 365 calendar days from notice to proceed. The solicitation includes attachments such as demolition specifications and drawings. Site visits are scheduled for June 1st, with final details to be provided in an amendment. No award will be made until funds are available, and the government reserves the right to cancel the solicitation before or after the closing date.
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WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES 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
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
Created On: 18 May 2023, 04:42 PM Alaska Standard Time
Solicitation/Contract Form
PKC - HJZH 21-1099 Demo Unaccompanied Housing (Multiple Facilities), Bldgs 455, 456, 457, 458
Provide all labor, materials, and equipment necessary to complete the work for the demolition, removal, and/or disposal of four separate, three-story, wood framed buildings; in accordance with the PWS, the attached specifications, and drawings.
Proposal Identifier: FA500023Q0035 Date: 18 May 2023
FA500023Q0035
Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price
Amount
Demolish Building 455. Approximately 5,849.04 square feet.
The Contractor shall provide all labor, materials, and equipment necessary to complete the work for the demolition, removal, and/or disposal of four separate, three-story, wood framed buildings, in accordance with the Statement of Work (SOW), the attached specifications, and drawings.
Incidental work may be required to accomplish the intent of the contract. It is the Contractor's responsibility to ensure all incidental work required to complete the demolition, disposal and finish work is included in their proposal for all areas of work outlined by the SOW.
Product Service Code: P400 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price
1 Lot
Demolish Building 456. Approximately 5,859.38 square feet.
The Contractor shall provide all labor, materials, and equipment necessary to complete the work for the demolition, removal, and/or disposal of four separate, three-story, wood framed buildings, in accordance with the Statement of Work (SOW), the attached specifications, and drawings.
Incidental work may be required to accomplish the intent of the contract. It is the Contractor's responsibility to ensure all incidental work required to complete the demolition, disposal and finish work is included in their proposal for all areas of work outlined by the SOW.
Product Service Code: P400 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price
1 Lot
Demolish Building 457. Approximately 5,448.31 square feet.
The Contractor shall provide all labor, materials, and equipment necessary to complete the work for the demolition, removal, and/or disposal of four separate, three-story, wood framed buildings, in accordance with the Statement of Work (SOW), the attached specifications, and drawings.
Incidental work may be required to accomplish the intent of the contract. It is the Contractor's responsibility to ensure all incidental work required to complete the demolition, disposal and finish work is included in their proposal for all areas of work outlined by the SOW.
Product Service Code: P400 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price
1 Lot
Demolish Building 458. Approximately 6,009.51 square feet.
The Contractor shall provide all labor, materials, and equipment necessary to complete the work for the demolition, removal, and/or disposal of four separate, three-story, wood framed buildings, in accordance with the Statement of Work (SOW), the attached specifications, and drawings.
Incidental work may be required to accomplish the intent of the contract. It is the Contractor's responsibility to ensure all incidental work required to complete the
1 Lot demolition, disposal and finish work is included in their proposal for all areas of work outlined by the SOW.
Product Service Code: P400 Claimant Program Code: S1 Pricing Arrangement: Firm Fixed Price
Description/Specifications/Statement of Work
Requirements Demolition of four buildings at Fort Richardson, JBER, AK. Approximately 23,166 square feet total.
DFARS Clauses Incorporated by Full Text
252.222-7000 Restrictions on Employment of Personnel Mar 2000
As prescribed in 222.7004, use the following clause:
RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)
(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in , individuals who are residents Alaska thereof and who, in the case of any craft or trade, possess or would be able to acquire promptly the necessary skills to perform the contract.
(b) The Contractor shall insert the substance of this clause, including this paragraph (b), in each subcontract awarded under this contract.
(End of clause)
Packaging and Marking
This section not used.
Inspection and Acceptance
Inspection will be accomplished by the Government, in accordance with the Quality Assurance Surveillance Plan (QASP). Acceptance will be accomplished electronically via Wide Area Workflow (WAWF). See DFARS clause 252.232-7006, Wide Area Workflow Payment Instructions, for more details.
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.246-4 Inspection of Services-Fixed-Price. Aug 1996 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements. Aug 1996
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Inspection will be accomplished by the Government, in accordance with the Quality Assurance Surveillance Plan (QASP). Acceptance will be accomplished electronically via Wide Area Workflow (WAWF). See DFARS clause 252.232-7006, Wide Area Workflow Payment Instructions, for more details.
DoDAAC: F1W3EA CountryCode: USA
673D CES CEP/CER/CEA
AF BPN NO MILSBILLS PROCESSES, 6326 ARCTIC WARRIOR
JBER, AK 99506-3221
UNITED STATES
Mr. Javier Vigil Email: javier.vigil.1@us.af.mil Telephone: 907-384-0770
Inspection and Acceptance Location
Both Destination Instructions: Inspection will be accomplished by the Government, in accordance with the Quality Assurance Surveillance Plan (QASP). Acceptance will be accomplished electronically via Wide Area Workflow (WAWF). See DFARS clause 252.232-7006, Wide Area Workflow Payment Instructions, for more details.
DoDAAC: F1W3EA CountryCode: USA
673D CES CEP/CER/CEA
AF BPN NO MILSBILLS PROCESSES, 6326 ARCTIC WARRIOR
JBER, AK 99506-3221
UNITED STATES
Mr. Javier Vigil Email: javier.vigil.1@us.af.mil Telephone: 907-384-0770
Inspection and Acceptance Location
Both Destination Instructions: Inspection will be accomplished by the Government, in accordance with the Quality Assurance Surveillance Plan (QASP). Acceptance will be accomplished electronically via Wide Area Workflow (WAWF). See DFARS clause 252.232-7006, Wide Area Workflow Payment Instructions, for more details.
DoDAAC: F1W3EA CountryCode: USA
673D CES CEP/CER/CEA
AF BPN NO MILSBILLS PROCESSES, 6326 ARCTIC WARRIOR
JBER, AK 99506-3221
UNITED STATES
Mr. Javier Vigil Email: javier.vigil.1@us.af.mil Telephone: 907-384-0770
Inspection and Acceptance Location
Both Destination Instructions: Inspection will be accomplished by the Government, in accordance with the Quality Assurance Surveillance Plan (QASP). Acceptance will be accomplished electronically via Wide Area Workflow (WAWF). See DFARS clause 252.232-7006, Wide Area Workflow Payment Instructions, for more details.
DoDAAC: F1W3EA CountryCode: USA
673D CES CEP/CER/CEA
AF BPN NO MILSBILLS PROCESSES, 6326 ARCTIC WARRIOR
JBER, AK 99506-3221
UNITED STATES
Mr. Javier Vigil Email: javier.vigil.1@us.af.mil Telephone: 907-384-0770
Deliveries or Performance
Contractor Destination
Line Item
Delivery Schedule Quantity Address and POC
Delivery Schedule From date of lead time event to completion of performance 365 Calendar Days Date of Notice to Proceed Receipt
Period of Performance From 16 Jun 2023 To 15 Jun 2024
1 Lot Place of Performance DoDAAC: F1W3EA CountryCode: USA
673D CES CEP/CER/CEA
AF BPN NO MILSBILLS PROCESSES, 6326 ARCTIC
WARRIOR
JBER, AK 99506-3221
UNITED STATES
Mr. Javier Vigil Email: javier.vigil.1@us.af.mil Telephone: 907-384-0070
Delivery Schedule From date of lead time event to completion of performance 365 Calendar Days Date of Notice to Proceed Receipt
Period of Performance From 16 Jun 2023 To 15 Jun 2024
1 Lot Place of Performance DoDAAC: F1W3EA CountryCode: USA
673D CES CEP/CER/CEA
AF BPN NO MILSBILLS PROCESSES, 6326 ARCTIC
WARRIOR
JBER, AK 99506-3221
UNITED STATES
Mr. Javier Vigil Email: javier.vigil.1@us.af.mil Telephone: 907-384-0070
Delivery Schedule From date of lead time event to completion of performance 365 Calendar Days Date of Notice to Proceed Receipt
Period of Performance From 16 Jun 2023 To
1 Lot Place of Performance DoDAAC: F1W3EA CountryCode: USA
673D CES CEP/CER/CEA
AF BPN NO MILSBILLS PROCESSES, 6326 ARCTIC
WARRIOR
JBER, AK 99506-3221
UNITED STATES
Mr. Javier Vigil Email: javier.vigil.1@us.af.mil Telephone: 907-384-0070
15 Jun 2024
Delivery Schedule From date of lead time event to completion of performance 365 Calendar Days Date of Notice to Proceed Receipt
Period of Performance From 16 Jun 2023 To 15 Jun 2024
1 Lot Place of Performance DoDAAC: F1W3EA CountryCode: USA
673D CES CEP/CER/CEA
AF BPN NO MILSBILLS PROCESSES, 6326 ARCTIC
WARRIOR
JBER, AK 99506-3221
UNITED STATES
Mr. Javier Vigil Email: javier.vigil.1@us.af.mil Telephone: 907-384-0070
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.
in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
N/A
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Invoice 2in1
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.
WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC HQ0337
Issue By DoDAAC FA5000
Admin DoDAAC FA5000
Inspect By DoDAAC F1W3EA
Ship To Code Not applicable
Ship From Code Not applicable
Mark For Code Not applicable
Service Approver (DoDAAC) F1W3EA
Service Acceptor (DoDAAC) ____
Accept at Other DoDAAC Not applicable
LPO DoDAAC Not applicable
DCAA Auditor DoDAAC Not applicable
Other DoDAAC(s) Not applicable
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
3CONS.WAWF@us.af.mil
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Special Contract Requirements
This section not used.
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.202-1 Definitions. Jun 2020 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Dec 2022 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.232-17 Interest. May 2014 52.232-18 Availability of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.
Apr 1984
52.236-10 Operations and Storage Areas. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.242-13 Bankruptcy. Jul 1995 52.243-4 Changes. Jun 2007 52.246-25 Limitation of Liability-Services. Feb 1997
52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements).
Apr 2012
52.249-10 Alternate I Default (Fixed-Price Construction). (Alternate I) Apr 1984 52.249-10 Default (Fixed-Price Construction). Apr 1984
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.205-7000 Provision of Information to Cooperative Agreement Holders. Dec 1991
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
May 2019
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Jan 2023
252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Jan 2023
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services. Mar 2023
As prescribed in , insert the following clause:12.301(b)(4)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (Mar 2023)
(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 products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title VII, (Jan 2017) of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Section 1634 of Pub. L. 115-91).(Nov 2021)
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(Nov 2015)
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(Mar 2023)
(6) 52.233-3, Protest After Award (31 U.S.C. 3553). (Aug 1996)
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). (Oct 2004)
(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 products and commercial services:
[ .]Contracting Officer check as appropriate
[x ] 52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. (1) (Jun 2020), Alternate I (Nov 2021) 4655).
[ ] 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (Nov 2021)
[ ] 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-(3) (Jun 2010) 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[X ] 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(4) (Jun 2020)
[ ] [Reserved].(5)
[X ] 52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(6) (Oct 2016)
[ ] 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(7) (Oct 2016)
[X] 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (8) (31 U.S.C. 6101 note).(Nov 2021)
[X] 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(9) (Oct 2018)
[ ] [Reserved].(10)
[ ] 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(11) Oct 2022
[ ] 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the (12) Oct 2022 preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] [Reserved](13)
[ ] (14)
(i) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)
[ ] Alternate I of 52.219-6.(ii) (Mar 2020)
[ ] (15)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(Nov 2020)
[ ] Alternate I of 52.219-7.(ii) (Mar 2020)
[X] 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)).(16) Oct 2022
[ ] (17)
[ ] 52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).Oct 2022
[ ] Alternate I of 52.219-9.(ii) (Nov 2016)
[ ] Alternate II of 52.219-9.(iii) (Nov 2016)
[ ] Alternate III of 52.219-9.(iv) (Jun 2020)
[ ] Alternate IV of 52.219-9.(v) (Sep 2021)
[ ] (18)
[ ] 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(Mar 2020)
[ ] Alternate I of 52.219-13.(ii) (Mar 2020)
[X] 52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 637s).(19) Oct 2022
[ ] 52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(20) (Sep 2021)
[ ] 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside ( ) (15 U.S.C. 657f).(21) Oct 2022
[ ] (22)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).( )Mat 2023
[ ] Alternate I of 52.219-28.(ii) (Mar 2020)
[X] 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ((23) Oct ) (15 U.S.C. 637(m)).2022
[ ] 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (24) Small Business Program ( ) (15 U.S.C. 637(m)).Oct 2022
[ ] 52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(25) (Mar 2020)
[ ] 52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(26) (Sep 2021)
[X] 52.222-3, Convict Labor (E.O.11755).(27) (Jun 2003)
[X] 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126).(28) (Dec 2022)
[X] 52.222-21, Prohibition of Segregated Facilities .(29) (Apr 2015)
[ ] (30)
(i) 52.222-26, Equal Opportunity (E.O.11246).(Sep 2016)
[X] Alternate I of 52.222-26.(ii) (Feb 1999)
[ ] (31)
(i) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)
[ ] Alternate I of 52.222-35.(ii) (Jul 2014)
[ ] (32)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)
[ ] Alternate I of 52.222-36.(ii) (Jul 2014)
[X] 52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(33) Jun 2020
[X] 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(34) (Dec 2010)
[ ] (35)
(i) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(Nov 2021)
[ ] Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (Mar 2015)
[ ] 52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (36) (May 2022) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[ ] (37)
(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.)
[ ] Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(ii) (May 2008)
[ ] 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).(38)
[X] 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693).(39) (Jun 2016)
[ ] (40)
(i) 52.223-13, Acquisition of EPEAT(r)-Registered Imaging Equipment (E.O.s 13423 and 13514).(Jun 2014)
[ ] Alternate I of 52.223-13.(ii) (Oct 2015)
[ ] (41)
(i) 52.223-14, Acquisition of EPEAT(r)-Registered Televisions (E.O.s 13423 and 13514). (Jun 2014)
[ ] Alternate I (Jun2014) of 52.223-14.(ii)
[ ] 52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(42) (May 2020)
[ ] (43)
(i) 52.223-16, Acquisition of EPEAT(r)-Registered Personal Computer Products (E.O.s 13423 and 13514).(Oct 2015)
[ ] Alternate I of 52.223-16.(ii) (Jun 2014)
[X] 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(44) (Jun 2020)
[ ] 52.223-20, Aerosols (E.O. 13693).(45) (Jun 2016)
[ ] 52.223-21, Foams (Jun2016) (E.O. 13693).(46)
[ ] (47)
(i) 52.224-3 Privacy Training (5 U.S.C. 552 a).(Jan 2017)
[ ] Alternate I of 52.224-3.(ii) (Jan 2017)
[ ] (48)
(i) 52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(Oct 2022)
[ ] Alternate I of 52.225-1.(ii) (Oct 2022)
[ ] (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (Dec 2022) 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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.
[ ] Alternate I [Reserved].(ii)
[ ] Alternate II of 52.225-3.(iii) ( 2022)Dec
[ ] Alternate III of 52.225-3.(iv) ( 2021)Jan
[ ] Alternate IV (Oct 2022) of 52.225-3.(v)
[ ] 52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (Dec 2022) et seq
[ ] 52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (Feb 2021) Assets Control of the Department of the Treasury).
[ ] 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)
[ ] 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).(54)
[ ] 52.229-12, Tax on Certain Foreign Procurements .(55) (Feb 2021)
[ ] 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. (56) (Nov 2021) 3805).
[ ] 52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(57) (Nov 2021)
[X] 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(58) (Oct2018)
[ ] 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(59)
[ ] 52.232-36, Payment by Third Party (31 U.S.C. 3332).(60) (May 2014)
[ ] 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(61) (Aug 1996)
[X] 52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(62) (Jan 2017)
[ ] (63)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(Nov 2021)
[ ] Alternate I of 52.247-64.(ii) (Apr 2003)
[ ] Alternate II of 52.247-64.(iii) (Nov 2021)
(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 products and commercial services:
[ ]Contracting Officer check as appropriate.
[X] 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (Aug 2018)
[ ] 52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (May 2014)
[ ] 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4) C. chapter 67).
[ ] 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (5) Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
[ ] 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (May 2014) (41 U.S.C. chapter 67).
[X] 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (Jan 2022)
[X] 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (Jan 2022)
[ ] 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded Comptroller General Examination of Record using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (41 U.S.C. 3509).(Nov 2021)
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Section 1634 of Pub. L. 115-91).(Nov 2021)
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section 889(Nov 2021) (a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting Oct 2022 opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities .(Apr 2015)
(vii) 52.222-26, Equal Opportunity (E.O.11246).(Sep 2015)
(viii) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(Jun 2020)
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(Jun 2020)
(x) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(Jun 2020)
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (Dec 2010) accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(Aug 2018)
(xiii)
(A) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(Nov 2021)
(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(Mar 2015)
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (E.O. 12989).(May 2022)
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(Jan 2022)
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(Jan 2022)
(xix)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I of 52.224-3.(Jan 2017)
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the National (Oct 2016) Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance with (Jun 2020) paragraph (e) of FAR clause 52.226-6.
(xxii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxiii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down (Nov 2021) 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.232-8 Discounts for Prompt Payment. Feb 2002
As prescribed in , insert the following clause:32.111(b)(1)
DISCOUNTS FOR PROMPT PAYMENT (FEB 2002)
Discounts for prompt payment will not be considered in the evaluation of offers. However, any offered discount will form a part of the award, (a) and will be taken if payment is made within the discount period indicated in the offer by the offeror. As an alternative to offering a discount for prompt payment in conjunction with the offer, offerors awarded contracts may include discounts for prompt payment on individual invoices.
In connection with any discount offered for prompt payment, time shall be computed from the date of the invoice. If the Contractor has not (b) placed a date on the invoice, the due date shall be calculated from the date the designated billing office receives a proper invoice, provided the agency annotates such invoice with the date of receipt at the time of receipt. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or, for an electronic funds transfer, the specified payment date. When the discount date falls on a Saturday, Sunday, or legal holiday when Federal Government offices are closed and Government business is not expected to be conducted, payment may be made on the following business day.
(End of clause)
52.232-11 Extras. Apr 1984
As prescribed in , insert the following clause, appropriately modified with respect to payment due dates in accordance with agency 32.111(c)(2) regulations, in solicitations and contracts when a fixed-price supply contract, fixed-price service contract, or transportation contract is contemplated:
EXTRAS (APR 1984)
Except as otherwise provided in this contract, no payment for extras shall be made unless such extras and the price therefor have been authorized in writing by the Contracting Officer.
(End of clause)
52.232-32 Performance-Based Payments. Apr 2012
As prescribed in , insert the following clause:32.1005
PERFORMANCE-BASED PAYMENTS (APR 2012)
. Subject to such other limitations and conditions as are specified in this contract and this (a) Amount of payments and limitations on payments clause, the amount of payments and limitations on payments shall be specified in the contract's description of the basis for payment.
. The Contractor may submit requests for payment of performance-based payments not (b) Contractor request for performance-based payment more frequently than monthly, in a form and manner acceptable to the Contracting Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The Contractor's request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.
Approval and payment of requests. (c) The Contractor shall not be entitled to payment of a request for performance-based payment prior to (1) successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The
Contracting Officer may, at any time, require the Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.
A payment under this performance-based payment clause is a contract financing payment under the Prompt Payment clause of this contract and (2) not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the 30th [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert "30th"] day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquires into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer approves the request.
The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and (3) does not excuse the Contractor from performance of obligations under this contract.
Liquidation of performance-based payments. (d) Performance-based finance amounts paid prior to payment for delivery of an item shall be (1) liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage.
If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government (2) the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments.
. The Contracting Officer may reduce or suspend performance-based payments, (e) Reduction or suspension of performance-based payments liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:
The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).(1)
Performance of this contract is endangered by the Contractor's-(2)
Failure to make progress; or(i)
Unsatisfactory financial condition.(ii)
The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.(3)
Title. (f) Titleto the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first (1) performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract.
"Property," as used in this clause, includes all of the following described items acquired or produced by the Contractor that are or should be (2) allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:
Parts, materials, inventories, and work in process;(i)
Special tooling and special test equipment to which the Government is to acquire title;(ii)
Nondurable ( noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title (iii) i.e., to which would not be obtained as special tooling under paragraph (f)(2)(ii) of this clause; and
Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the Government by other clauses of (iv) this contract.
Although title to property is in the Government under this clause, other applicable clauses of this contract ( the termination clauses) shall (3) e.g., determine the handling and disposition of the property.
The Contractor may sell any scrap resulting from production under this contract, without requesting the Contracting Officer's approval, (4) provided that any significant reduction in the value of the property to which the Government has title under this clause is reported in writing to the Contracting Officer.
In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor shall (5) obtain the Contracting Officer's advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.
When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall (6) vest in the Contractor for all property (or the proceeds thereof) not-
Delivered to, and accepted by, the Government under this contract; or(i)
Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under (ii) this clause.
The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government (7) acquired title solely under this clause.
. Before delivery to and acceptance by the Government, the Contractor shall bear the risk of loss for property, the title to which (g) Risk of loss vests in the Government under this clause, except to the extent the Government expressly assumes the risk. If any property is lost (see 45.101), the basis of payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.
. The Contractor shall maintain records and controls adequate for administration of this clause. The Contractor shall have (h) Records and controls no entitlement to performance-based payments during any time the Contractor's records or controls are determined by the Contracting Officer to be inadequate for administration of this clause.
. The Contractor shall promptly furnish reports, certificates, financial statements, and other pertinent (i) Reports and Government access information requested by the Contracting Officer for the administration of this clause and to determine that an event or other criterion prompting a financing payment has been successfully accomplished. The Contractor shall give the Government reasonable opportunity to examine and verify the Contractor's records and to examine and verify the Contractor's performance of this contract for administration of this clause.
. If this contract is terminated under the Default clause, (1) the Contractor shall, on demand, repay to the (j) Special terms regarding default Government the amount of unliquidated performance-based payments, and (2) title shall vest in the Contractor, on full liquidation of all performance-based payments, for all property for which the Government elects not to require delivery under the Default clause of this contract.
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