FA5215-13-R-0002 _Technical_Control_Services.pdf
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- Technical Control Services - Amendment 01 Federal contract opportunity
- Solicitation number
- FA5215-13-R-0002
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| File | Type | Posted |
|---|---|---|
| PWS_5Apr13.doc | DOC document | |
| Amendment_03.pdf | ||
| Questions Answers.docx | DOCX document | |
| PWS_30Mar13.doc | DOC document | |
| Amendment_02.pdf | ||
| Amendment_01.pdf | ||
| Assumption_and_Extension_Agreement.pdf | ||
| Past_Performance_Survey.pdf | ||
| PWS.pdf | ||
| DD_Form_254.pdf | ||
| Questionnaire_Cover_Letter.pdf | ||
| CBA.pdf | ||
| Wage_Determination.pdf |
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CODE
(Hour)
PAGE(S)
until local time
X
A
X B
X C
D
EX
X
G
F 26 - 34
35 - 44
X H 45 - 49
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
1 49
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
FA5215 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 - 2
3 - 4
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
5 J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
7 - 8 X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 9 - 10 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 11 - 14 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIO NS AND INSTRUCTIO NS
PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS
15 - 24
PART II - CO NTRACT CLAUSES
647TH CONTRACTING SQUADRON - FA5215
ATTN: JOSHUA BERGER
90 G ST., BLDG 1201
JB PEARL HARBOR-HICKAM HI 96853-5230 808-448-2955
808-448-2911FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
08 Mar 2013
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
FA5215-13-R-0002
Section A - Solicitation/Contract Form
SECTION A
Section A - Solicitation/Contract Form
A-1 CLAUSES AND PROVISIONS
(a) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text.
(b) Sections K, L, and M will be physically removed from the resulting contract, but will be deemed to be incorporated by reference in the contract.
A-2 OFFEROR’S ATTENTION IS CALLED TO THE FOLLOWING:
(a) Representations, Certifications, and Other Statements of Offerors in Section K, and Schedule of
Supplies or Services and Prices/Costs in Section B, must be completed and returned with the proposal. Offerors are required to complete the pricing schedule.
(b) Proposal submission and preparation instructions contained in Section L. Evaluation Factors for
Award contained in Section M.
(c) Offerors are cautioned to be sure they are in compliance with Section I, 52.229-3, Federal, State and
Local Taxes.
(d) This acquisition is a Competitive 8(a) Set-Aside.
(e) Contractor Inquiries. Information regarding inquiries is contained in Section L.
A-3 SYSTEM FOR AWARD MANAGEMENT (SAM)
The Department of Defense requires all contractors to register in the System for Award Management (SAM) database to receive any contract award or payment. The SAM website is http://www.sam.gov. In accordance with FAR Part 52.204-99 (b), the Contractor shall be registered in the SAM database prior to submitting an invoice and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
A-4 AMENDMENT(S)
Any amendment(s) issued will be incorporated into the resulting contract.
A-5 ATTENTION-IMPORTANT NUMBERING INFORMATION
Bilateral Modifications issued by the Department of Defense agencies are no longer assigned an official ―P0000‖ number until the Contracting Officer has released/signed the modification. This change is a result of the Defense
Finance and Accounting Service (DFAS) Business Management Modernization Program (BMMP) requirement that modifications are to be released in numerical order without skipping any ―P0000‖ numbers.
To accommodate this change, the Standard Procurement System (SPS) now assigns a unique Modification
Control Number (MCN) to each modification. This number, unique to the modification, is included on both the draft modification and the released/signed modification. The MCN can be found in Block 14 of all modifications. The use of the MCNs ensures DFAS only receives modification in numerical order.
http://www.sam.gov/
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Months TCF - Base Period
FFP
Non-personal service. The Contractor shall provide all labor, tools, equipment, materials, supervision, training, and services necessary, except those provided by the Government, to perform 24/7 on-site, long haul support services to the
Technical Control Facility for 747th Communication Squadron in accordance with the attached Performance Work Statement. Period of Performance: 01 Oct 13 - 30
Sep 14. The POC is Mr Danny Okawa at (808) 448-2417.
FOB: Destination
SIGNAL CODE: A
NET AMT
1001 12 Months OPTION TCF - Option Period One
FFP
Non-personal service. The Contractor shall provide all labor, tools, equipment, materials, supervision, training, and services necessary, except those provided by the Government, to perform 24/7 on-site, long haul support services to the
Technical Control Facility for 747th Communication Squadron in accordance with the attached Performance Work Statement. Period of Performance: 01 Oct 14 - 30
Sep 15. The POC is Danny Okawa (808) 448-2417
2001 12 Months OPTION TCF - Option Period Two
FFP
Non-personal service. The Contractor shall provide all labor, tools, equipment, materials, supervision, training, and services necessary, except those provided by the Government, to perform 24/7 on-site, long haul support services to the
Technical Control Facility for 747th Communication Squadron in accordance with the attached Performance Work Statement. Period of Performance: 01 Oct 15 - 30
Sep 16. The POC is Danny Okawa (808) 448-2417.
3001 12 Months OPTION TCF - Option Period Three
FFP
Non-personal service. The Contractor shall provide all labor, tools, equipment, materials, supervision, training, and services necessary, except those provided by the Government, to perform 24/7 on-site, long haul support services to the
Technical Control Facility for 747th Communication Squadron in accordance with the attached Performance Work Statement. Period of Performance: 01 Oct 16 - 30
Sep 17. The POC is Danny Okawa (808) 448-2417. The contractor shall ensure a phase out plan occurs IAW with Section 1.2.2. of the PWS.
Section C - Descriptions and Specifications
DESCRIPTION/SPECIFICATIONS/
Section C - Descriptions and Specifications
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
The Contractor shall provide the services and supplies set forth in Section B, in accordance with Section J, Attachment J-1, entitled ―Performance Work Statement (PWS)‖ for Technical Control Services.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
1001 Destination Government Destination Government
2001 Destination Government Destination Government
3001 Destination Government Destination Government
Section F - Deliveries or Performance
DELIVERIES
Section F - Deliveries or Performance
F-1 PERIOD OF PERFORMANCE (IAW FAR 11.401(a)):
(a) Full performance under this contract shall be from 01 October 2013 through 30 September 2014 with additional three (3) one-year options.
(b) PERFORMANCE PERIOD/SCHEDULE:
BASIC PERIOD 01 October 2013 – 30 September 2014
OPTION PERIOD ONE 01 October 2014 – 30 September 2015
OPTION PERIOD TWO 01 October 2015 – 30 September 2016
OPTION PERIOD THREE 01 October 2016 – 30 September 2017
F-2 PLACE OF PERFORMANCE (IAW FAR 11.401(a)):
Services under this contract are required to be performed at the Hickam side of Joint Base Pearl Harbor –
Hickam, Hawaii.
F-3 PERIOD OF CONTRACT (IAW FAR 11.401(a)) This Contract shall be in effect from:
(a) The contractor shall accomplish the work called for in Section B for the basic period commencing on
01 October 2013 and ending 30 September 2014.
(b) If Option Period One is exercised, the end date in paragraph F-1(a) above shall be deemed to be revised to read “30 September 2015”
(c) If Option Period Two is exercised, the end date in paragraph F-1(a) above shall be deemed to be revised to read “30 September 2016.”
(d) If Option Period Three is exercised, the end date in paragraph F-1(a) above shall be deemed to be revised to read “30 September 2017.”
F-4 52.242-15 STOP WORK ORDER
(IAW FAR 42.1305(b))
AUG 1989
F-5
52.242-17
GOVERNMENT DELAY OF WORK
(IAW FAR 42.1305(c))
APR 1984
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 01-OCT-2013 TO
30-SEP-2014
N/A 15 CS/CCFD - F2C3CF
DANNY OKAWA
BLDG 1102, 25 E ST., STE L203
HICKAM AFB HI 96853
(808) 449-0730
F2C3CF
1001 POP 01-OCT-2014 TO
30-SEP-2015
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-OCT-2015 TO
30-SEP-2016
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-OCT-2016 TO
30-SEP-2017
N/A (SAME AS PREVIOUS LOCATION)
Section G - Contract Administration Data
Section G - Contract Administration Data
G-1 ACCOUNTING AND APPROPRIATION DATA
Funds shall be cited on initial award (SF 33) or modification (SF 30) for all fully or incremental funded requirements. These contracting actions will be issued by the contracting office and shall be signed by an authorized Contracting Officer (CO).
G-2 CONTRACT ADMINISTRATION
This contract will be administered by:
th
CONS/LGCB
90 G Street, Bldg 1201
JBPHH, Hawaii 96853-5230
G-3 INVOICING/PAYMENT
Submission of all invoices (firm-fixed price) shall be in electronic format via the Wide Area Workflow (WAWF).
(a) Schedule: Invoices shall be submitted not earlier than the first day of the month following the month for which services were performed unless otherwise directed by the CO.
G-4 ADMINISTRATIVE PERSONNEL
The CO will provide to the Contractor a listing of the names of the Contract Administrator and Contracting
Officers’ Representatives (CORs) with their organizational codes and telephone numbers at the pre-performance conference and as changes occur.
G-5 RESERVED.
G-6 CORRESPONDENCE
The Contractor shall provide to the CO a copy of all correspondences received from any Government activity involved with this contract.
CLAUSES INCORPORATED BY REFERENCE
252.201-7000 Contracting Officer's Representative DEC 1991
252.232-7003 Electronic Submission of Payment Requests and Receiving JUN 2012
Reports
CLAUSES INCORPORATED BY FULL TEXT
WIDE AREA WORKFLOW – RECEIPT AND ACCEPTANCE (WAWF-
RA) ELECTRONIC RECEIVING REPORT AND INVOICING
INSTRUCTIONS
IN ACCORDANCE WITH DFARS 252.232.7003, USE OF ELECTRONIC PAYMENT REQUESTS IS
MANDATORY. USE OF WAWF WILL SPEED UP YOUR PAYMENT PROCESSING TIME AND
ALLOW YOU TO MONITOR YOUR PAYMENT STATUS ONLINE. THERE ARE NO CHARGES OR
FEES TO USE WAWF.
Requests for payments must be submitted electronically via the Internet through the Wide Area WorkFlow
– Receipt and Acceptance (WAWF-RA) system at https://wawf.eb.mil.
Questions concerning payment should be directed to the Defense Finance Accounting Services (DFAS)
Limestone at (800) 756-4571. Please have your order number and invoice number ready when contacting DFAS about payment status. You can also access payment information using the DFAS My Invoice web site at https://myinvoice.csd.disa.mil/index.html.
THE FOLLOWING CODES WILL BE REQUIRED TO ROUTE YOUR RECEIVING REPORTS,
INVOICES AND ADDITIONAL E-MAILS CORRECTLY THROUGH WAWF.
CONTRACT NUMBER: FA5215-13-C-xxxx
DELIVERY ORDER NUMBER: Not applicable
TYPE OF DOCUMENT: Invoice & Receiving Report (Combo)
CAGE CODE:
ISSUE BY DODAAC: FA5215
ADMIN DODAAC: FA5215
SERVICE ACCEPTOR / SHIP TO:
LOCAL PROCESSING OFFICE: Leave Blank
PAY OFFICE DODAAC: F67100
SEND MORE E-MAIL NOTIFICATIONS:
CONTRACT ADMINISTRATOR:
CONTRACTING OFFICER:
ADDITIONAL
NOTIFICATION:
ADDITIONAL
NOTIFICATION:
Section H - Special Contract Requirements
SPECIAL CONTRACT REQUIREMENTS
Section H - Special Contract Requirements
H-1 WAGE DETERMINATION
Service Contract Act Wage Determination No. 2005-2153, Revision No. 16, dated 13 Jun 12 for Hawaii, is attached hereto and made a part of Section J-2.
H-2 SUPERVISION AND CONTROL
The Government shall not exercise any supervision or control over the contractor’s employees performing services under this contract. Such employees shall be accountable not to the Government but solely to the contractor, who in turn is responsible to the Government.
H-3 CONDUCT OF CONTRACTOR PERSONNEL
If the CO finds it to be in the best interest of the Government he may at any time during the performance of this contract order the contractor to remove any of his personnel from further performance under this contract for reasons of their moral character, unethical conduct, security reasons, and for violation of installation regulations.
In the event that it becomes necessary to replace any contractor personnel for any of the above reasons, the contractor shall bear all costs associated with such removal, including the costs for the replacement of any personnel so removed. These costs will not be chargeable to the Government.
H-4 RIGHT OF THE GOVERNMENT TO PERFORM FUNCTIONS WITH ITS OWN
PERSONNEL The Government reserves the right to perform or supplement performance of contract functions with Government personnel at any time when it is deemed advantageous to the Government, including periods of disaster, war, emergencies, police action, acts of God, labor strike, bankruptcy, default, or period of non-performance by the essential contractor-furnished property. In the event of a strike, the services will be performed exclusively by government personnel and not a mix of government and non-striking contractor employees. At the direction of the contracting officer, the contractor agrees to remove its non-striking work force from the performance site and not interfere in any way with government performance.
H-5 ACCIDENT REPORT PROCEDURES
In the event of an accident on Government property, or involving Government personnel or property, the contractor shall submit a report within 72 hours to the contracting officer in letter form that shall include the following: (1) the time and date of occurrence, (2) the place of occurrence, (3) a list of personnel directly involved, (4) a narrative or description of the accident to include chronological order of the accident and circumstances.
H-6 COMPLIANCE WITH LOCAL AND FEDERAL LAWS AND REQUIREMENTS
This contract, the contractor and the contractor’s employees are subject to, and shall abide by and comply with, all relevant statutes, ordinances, laws and regulations of the United States (including Executive Orders of the
President) and any state (or other public authority now or hereafter in force). The contractor agrees to observe and comply with all applicable Federal requirements regarding Social Security, Worker’s Compensation, Unemployment Insurance and any other matter concerning employment applicable to the performance of this contract or rules, regulations, directions and orders not inconsistent herewith as may from time to time be issued by the Government. The unilateral act of any governmental body against any employee of the contractor for the violation of a Local or Federal law or regulation (to specifically include persons barred by any appropriate military commander or government authority) shall not excuse the contractor from full compliance with the terms and conditions of this contract.
H-7 APPROVAL OF CONTRACTOR ACQUIRED PROPERTY / EQUIPMENT
Contractor purchases of supplies or equipment in support of this contract shall require prior approval by the CO for purchases of items with a unit price of $3,000 or more and/or total local purchase value of $3,000 or more.
H-8 CONTRACTOR CHANGEOVER
The Government reserves the right to conduct site visits to all Contractor-operated facilities in conjunction with the solicitation of offers for any follow-on contract. In the event the follow-on contract is awarded to other than the incumbent, the incumbent Contractor will cooperate to the extent required to permit an orderly changeover to the successor Contractor. With regard to the successor Contractor's access to incumbent employees, a recruitment notice may be placed in each facility accessible to incumbent employees.
H-9 CONTRACT PROGRESS MEETINGS
(a) The CO, and other Government personnel, as appropriate, will meet periodically with the contractor to review the contract performance. At these meetings, the CO will apprise the contractor of how the
Government views the contractor's performance and the contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues.
(b) Minutes of these meetings, including copies of all presentation materials or briefings, will be prepared and documented in writing by the contractor, and agreed upon by the CO and contractor.
Should there be any disagreement; the parties shall set out in writing any area of non-concurrence.
Appropriate action will be taken to resolve any area of non-concurrence. Accepted meeting minutes will be signed by the CO and the contractor.
H-10 MANAGEMENT PERSONNEL CLAUSE
The contractor shall have the right to replace, transfer or substitute personnel. However, replacement must be accomplished without causing delays under the contract and at no additional cost to the Government. Because of their status as management personnel, the contractor must replace those individuals with individuals 1) having equal or greater education and experience qualifications as the person being replaced (unless otherwise approved by the Government), and 2) able to comply with all security requirements. The CO must specifically authorize any changes of management personnel in writing. The contractor will submit a request for authorization accompanied by the proposed individuals’ resumes at least 30 days before the effective date of the change.
H-11 RESERVED
H-12 UNAUTHORIZED WORK
The Contractor shall not accomplish work outside the scope of this contract at the Government facility, nor shall he utilize in other work, any supplies or materials acquired under this contract.
H-13 RELEASE OF INFORMATION
(a) The Contractor shall not hold any discussions or release any information relating to this contract to anyone not having a direct interest in performance of this contract, without the written consent of the CO or the designated representative of the CO.
(b) This restriction applies to all news releases of information to the public, industry or
Government agencies, except as follows:
(1) Information for actual or potential subcontractors or other individuals necessary for the contractor’s performance of this contract.
(2) Information to be supplied to a duly authorized representative of the CO.
(c) Advertisement. The Offeror shall not advertise information about projects performed under this task without government review and approval. For the purposes of this paragraph, advertisement is considered to be contractor-funded promotional brochures, posters, tradeshow handouts, world-wide- web pages, magazines, and similar promotions.
H-14 SECURITY CLEARANCE REQUIREMENTS
Certain personnel working under this contract must possess a Secret SCI security clearances. The Contractor will be responsible for securing and assigning appropriately cleared personnel at the required level. Additional or changed security instruction of this document will be provided to the Contractor as the need arises. Contract
Security Classification Specifications are identified on the attached DD Form 254.
H-15 RESERVED
H-16 PERSONAL CONFLICT OF INTEREST (IAW FAR Clause 52.203-16, Preventing Personal
Conflicts of Interest)
(a) In additions to the requirements of the contract clause entitled, ―Organizational Conflict of Interest,‖ the Contractor agrees to immediately notify the CO of (1) any actual or potential personal conflict of interest with regard to any of its employees having access to information under this contract, or (2) any such conflict involving subcontractor employees or consultants, when the conflict becomes known to the Contractor. A personal conflict of interest is defined as a relationship of any employee, subcontractor employee, or consultant with an entity that may impair the objectivity of the employee, subcontractor employee or consultant in performing the contract work.
(b) The Contractor agrees to insert a similar provision in any subcontract or consultant agreement placed under this contract, including the flow-down provision of this paragraph.
H-17 UNLIMITED RIGHTS TO DELIVERABLES
Definitions:
―Deliverables‖ means the documents, regardless of media format (e.g. print or electronic), identified in the
PWS, and described in the PWS as ―Contractor Reports‖.
―Unlimited Rights‖ means rights to use, modify, reproduce, perform, display, release or disclose in whole or in part, in any manner and for any purpose whatsoever, and to authorize others to do so. The
Government shall have unlimited rights to deliverables procured under this contract. Privacy Act or contractor proprietary information shall not be released without specific authorization.
H-18 CONTRACTING OFFICER’S AUTHORITY
No oral or written statement of any person other than the CO will in any manner or degree modify or otherwise affect the terms of this contract. The CO is the only person authorized to approve changes in any of the requirements under this contract and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the CO. In the event the Contractor effects any such change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.
H-19 FINES AND PENALTIES
The Contractor will be held liable for all fines and penalties imposed by environmental regulators for any noncompliance associated with performance of any tasks under this contract except when incurred as the result of compliance with the specific terms and conditions of the contract or the written instructions from the CO.
H-20 ACCESS TO CONTRACTOR RECORDS
The Contractor will permit CO or his/her authorized representative access at any reasonable time to all records, data and facilitates used in the performance of the contemplated services. Such access will be provided within (1) workday of the request and will be for the purposes of verification of allowable costs, verification of personnel qualifications, and for purposes otherwise deemed necessary by the CO.
H-21 TECHNICAL DIRECTION
Notwithstanding any of the terms contained herein or elsewhere in this contract, Joint Base Pearl Harbor
Hickam personnel are not authorized to direct the contractor in any manner changing the requirements of the contract. The CO shall be the only individual authorized to redirect the efforts or in any manner amend any of the terms/conditions of this contract.
Such redirection or amendment of contract terms/conditions shall be accomplished by issuance of Change
Order(s) or Supplemental Agreement(s) to this contract signed by the CO. In any event, if the contractor believes technical direction given involves a change in contractual requirements, he/she shall notify the CO in writing.
H-22 SUBMISSION OF PAYROLL IN SUPPORT OF NEGOTIATIONS FOR CONTRACT
PRICE ADJUSTMENTS
Contractor payrolls will be provided to the CO as part of the supporting data that will be utilized by the Government when contract negotiations are conducted under the ―Changes-Fixed Price‖ clause or under the clause entitled ―Fair
Labor Standard Act and Services Contract-Price Adjustment (Multi-Year and Option Contracts).‖
H-23 ACCESS TO MILITARY INSTALLATIONS
Access to a military installation is a privilege, not a right, and as such, for reasons of health, welfare, morale, security, and mission accomplishment, the Installation Commander has the unilateral right to deny or provide access to the installation and to all facilities listed in the PWS and appendices.
Section I - Contract Clauses
52.202-1 Definitions JAN 2012
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees APR 1984
52.203-7 Anti-Kickback Procedures OCT 2010
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
OCT 2010
52.203-16 Preventing Personal Conflicts of Interest DEC 2011
52.204-2 Security Requirements AUG 1996
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 Central Contractor Registration DEC 2012
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-21 Requirements for Certified Cost or Pricing Data or
Information Other Than Certified Cost or Pricing Data--
Modifications
OCT 2010
52.219-28 Post-Award Small Business Program Rerepresentation APR 2012
52.222-3 Convict Labor JUN 2003
52.222-17 Nondisplacement of Qualified Workers JAN 2013
52.222-21 Prohibition Of Segregated Facilities FEB 1999
52.222-26 Equal Opportunity MAR 2007
52.222-35 Equal Opportunity for Veterans SEP 2010
52.222-36 Affirmative Action For Workers With Disabilities OCT 2010
52.222-37 Employment Reports on Veterans SEP 2010
52.222-41 Service Contract Act Of 1965 NOV 2007
52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 1989
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 MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-10 Waste Reduction Program MAY 2011
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.229-3 Federal, State And Local Taxes APR 2003
52.232-1 Payments APR 1984
52.232-8 Discounts For Prompt Payment FEB 2002
52.232-9 Limitation On Withholding Of Payments APR 1984
52.232-11 Extras APR 1984
52.232-18 Availability Of Funds 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
52.233-1 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
52.242-13 Bankruptcy JUL 1995
52.243-1 Changes--Fixed Price AUG 1987
52.245-1 Government Property APR 2012
52.245-9 Use And Charges APR 2012
52.246-25 Limitation Of Liability--Services FEB 1997
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-8 Default (Fixed-Price Supply & Service) 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
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7005 Oral Attestation of Security Responsibilities NOV 2001
252.219-7011 Notification to Delay Performance JUN 1998
252.223-7006 Prohibition On Storage And Disposal Of Toxic And
Hazardous Materials
APR 2012
252.225-7001 Buy American And Balance Of Payments Program JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.239-7001 Information Assurance Contractor Training and Certification JAN 2008
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment MAR 1998
5352.242-9001 COMMON ACCESS CARDS (CACS) FOR CONTRACTOR
PERSONNEL
NOV 2012
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of the contract end date.
(End of clause)
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed Four years and six months.
52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)
(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration
(SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer--
(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and
(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.
(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.
(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.
(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.
(2) The insert name of SBA's contractor will notify the insert name of contracting agency Contracting
Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.
52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)
(a) Definition. Ozone-depleting substance, as used in this clause, means any substance the Environmental Protection
Agency designates in 40 CFR part 82 as--
(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform;
or
(2) Class II, including, but not limited to, hydrochlorofluorocarbons.
(b) The Contractor shall label products which contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), and (d) and 40 CFR Part 82, Subpart E, as follows:
―WARNING: Contains (or manufactured with, if applicable), a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.‖----------------------------
The Contractor shall insert the name of the substance(s).
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil
252.219-7009 SECTION 8(A) DIRECT AWARD (SEP 2007)
(a) This contract is issued as a direct award between the contracting office and the 8(a) Contractor pursuant to the
Partnership Agreement between the Small Business Administration (SBA) and the Department of Defense.
Accordingly, the SBA, even if not identified in Section A of this contract, is the prime contractor and retains responsibility for 8(a) certification, for 8(a) eligibility determinations and related issues, and for providing counseling and assistance to the 8(a) Contractor under the 8(a) Program. The cognizant SBA district office is:
(To be completed by the Contracting Officer at the time of award)
(b) The contracting office is responsible for administering the contract and for taking any action on behalf of the
Government under the terms and conditions of the contract; provided that the contracting office shall give advance notice to the SBA before it issues a final notice terminating performance, either in whole or in part, under the contract. The contracting office also shall coordinate with the SBA prior to processing any novation agreement. The contracting office may assign contract administration functions to a contract administration office.
(c) The 8(a) Contractor agrees that--
(1) It will notify the Contracting Officer, simultaneous with its notification to the SBA (as required by SBA's 8(a) regulations at 13 CFR 124.308), when the owner or owners upon whom 8(a) eligibility is based plan to relinquish http://farsite.hill.af.mil/ ownership or control of the concern. Consistent with Section 407 of Pub. L. 100-656, transfer of ownership or control shall result in termination of the contract for convenience, unless the SBA waives the requirement for termination prior to the actual relinquishing of ownership and control; and
(2) It will not subcontract the performance of any of the requirements of this contract without the prior written approval of the SBA and the Contracting Officer.
(End of Clause)
252.222-7000 RESTRICTIONS ON EMPLOYMENT OF PERSONNEL (MAR 2000)
(a) The Contractor shall employ, for the purpose of performing that portion of the contract work in Hawaii, individuals who are residents 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.
252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (MAY 2006)
(a) Contract line item(s) 0001 through 3001 are incrementally funded. For these item(s), the sum of $ of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.
(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE
GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE
CONVENIENCE OF THE GOVERNMENT".
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph
(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.
The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the
Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "disputes."
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled
"DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract if fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or
(e) of this clause.
(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract $--
October 1, 2013 $_____
January 1, 2014 $_____
April 1, 2014 $______
July 1, 2014 $______
5352.201-9101 OMBUDSMAN (NOV 2012)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the Center/MAJCOM
DRU or AFISRA ombudsmen, CMSgt Tommie Rogers, phone number (808) 449-8569, facsimile number (808) 449-
8571, e-mail: tommie.rogers@us.af.mil. Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number (571)
256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer.
5352.204-9000 NOTIFICATION OF GOVERNMENT SECURITY ACTIVITY AND VISITOR GROUP
SECURITY AGREEMENTS (MAR 2012)
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 Information Protection Office 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.
5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2010)
(a) The following restrictions and definitions apply to prevent conflicting roles which may bias the Contractor's judgment or objectivity, or to preclude the Contractor from obtaining an unfair competitive advantage in concurrent or future acquisitions.
(1) Descriptions or definitions:
"Contractor" means the business entity receiving the award of this contract, its parents, affiliates, divisions and subsidiaries.
"Development" means all efforts towards solution of broadly-defined problems. This may encompass research, evaluating technical feasibility, proof of design and test, or engineering of programs not yet approved for acquisition or operation.
"Proprietary Information" means all information designated as proprietary in accordance with law and regulation, and held in confidence or disclosed under restriction to prevent uncontrolled distribution. Examples include limited or restricted data, trade secrets, sensitive financial information, and computer software; and may appear in cost and pricing data or involve classified information.
"System" means the system that is the subject of this contract.
"System Life" means all phases of the system's development, production, or support.
"Systems Engineering" means preparing specifications, identifying and resolving interface problems, developing test requirements, evaluating test data, and supervising design.
"Technical Direction" means developing work statements, determining parameters, directing other
Contractors' operations, or resolving technical controversies.
(2) Restrictions: The Contractor shall perform systems engineering and/or technical direction, but will not have overall contractual responsibility for the system's development, integration, assembly and checkout, or production. The parties recognize that the Contractor shall occupy a highly influential and responsible position in determining the system's basic concepts and supervising their execution by other Contractors. The
Contractor's judgment and recommendations must be objective, impartial, and independent. To avoid the prospect of the Contractor's judgment or recommendations being influenced by its own products or capabilities, it is agreed that the Contractor is precluded for the life of the system from award of a DoD contract to supply the system or any of its major components, and from acting as a subcontractor or consultant to a DoD supplier for the system or any of its major components.
5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (NOV 2012)
(a) Contractors shall not:
(1) Provide any service or product with any specification, standard, drawing, or other document that requires the use of a Class I
ODS in the test, operation, or maintenance of any system, subsystem, item, component, or process; or
(2) Provide any specification, standard, drawing, or other document that establishes a test, operation, or maintenance requirement that can only be met by use of a Class I ODS as part of this contract/order.
[Note: This prohibition does not apply to manufacturing.]
(b) For the purposes of Air Force policy, the following products that are pure (i.e., they meet the relevant product specification identified in AFI 32-7086) are Class I ODSs:
(1) Halons: 1011, 1202, 1211, 1301, and 2402;
(2) Chlorofluorocarbons (CFCs): CFC-11, CFC-12, CFC-13, CFC-111, CFC-112, CFC-113, CFC-114, CFC-115, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, and CFC-217, and the blends R-500, R-501, R-502, and R-503; and
(3) Carbon Tetrachloride, Methyl Chloroform, and Methyl Bromide.
[NOTE: Material that use one or more of these Class I ODSs as minor constituents do not meet the Air Force definition of a
Class I ODS.]
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…
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