FA7000-15-R-0002_Draft_RFP.pdf
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- DRAFT: Center for Aircraft Structural Life Extension (CAStLE) Engineering and Research Activities for Aging Structures Federal contract opportunity
- Solicitation number
- FA7000-15-R-0002
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CODE
(Hour)
PAGE(S)
until local time
A
X B
C
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F 37 - 48
49 - 51
X H 52 matthew.mclean.10@us.af.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
1 52
(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.
FA7000 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)
MATTHEW MCLEAN 719-333-4595
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 7
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
9 - 10 X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 11 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
12 - 34
PART II - CO NTRACT CLAUSES
10 CONS - FA7000
MCLEAN, M.
8110 INDUSTRIAL DRIVE, STE 200
LGCC
USAF ACADEMY CO 80840-2315
719-333-4595
719-333-8939FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
35 - 36
6. REQUISITION/PURCHASE NO.5. DATE ISSUED4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
FA7000-15-R-0002
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 62,000,000 Each Labor - Firm Fixed Price
FFP
The contractor shall provide labor in accordance with (IAW) the Center for Aircraft
Structural Life Extension (CAStLE) Engineering and Research Activities for Aging
Structures Work Statement (WS) (Attachment 1). Individual task orders (TO) will be issued for each project and will specifically identify the applicable labor category(ies) and quantity of labor hours assigned for each order. Maximum labor category pricing for all labor categories is listed in the Price Schedule (Attachment
3).
Ordering Period: 28 May 2015 through 27 May 2020
Performance of individual task orders shall continue until completion of the task order.
Note: The Labor CLIN amount is for estimating purposes only. The total NTE value for this contract for FFP labor is $62,000,000.00.
FOB: Destination
SIGNAL CODE: A
NET AMT
0002 27,000,000 Each Labor - FFP Level of Effort
FFP
The contractor shall provide labor in accordance with (IAW) the Center for Aircraft
Structural Life Extension (CAStLE) Engineering and Research Activities for Aging
Structures Work Statement (WS) (Attachment 1). Individual task orders (TO) will be issued for each project and will specifically identify the applicable labor category(ies) and quantity of labor hours assigned for each order. Maximum labor category pricing for all labor categories is listed in the Price Schedule (Attachment
3).
Note: The Labor CLIN amount is for estimating purposes only. The total NTE value for this contract for FFP LOE labor is $27,000,000.00.
0003 1,700,000 Each Travel - Cost Reimbursable
COST
Government required travel in support of the CAStLE Engineering and Research
Activities for Aging Structures WS (Attachment 1). Individual task orders will be issued for each project and will specifically identify travel, if needed. Funding will be included, if necessary, in the task orders and payment made IAW the TO
WS. No burden or fee/profit will be paid on travel.
Partial payments authorized and required.
Note: The travel CLIN amount is for estimating purposes only. The total NTE value for this contract for travel is $1,700,000.00.
ESTIMATED COST
0004 6,100,000 Each Material and Other Direct Costs - Cost
COST
Government required material in support of the CAStLE Engineering and
Research Activities for Aging Structures WS (Attachment 1). Individual task orders will be issued for each project and will specifically identify the need for material, if any. Funding will be included, if necessary, in the task orders and payment made IAW the TO WS. No fee/profit will be paid on material and other direct costs.
Note: The material and Other Direct Costs CLIN amount is for estimating purposes only. The total NTE value for this contract for material and Other Direct
Costs is $6,100,000.00.
ESTIMATED COST
0005 1,040,000 Each Transportation - Firm Fixed Price
FFP
Government required transportation in support of the CAStLE Engineering and
Research Activities for Aging Structures WS (Attachment 1). Individual task orders will be issued for each project and will specifically identify the need for transportation, if any. Funding will be included, if necessary, in the task orders and payment made IAW the TO WS. A firm fixed price will be negotiated on each task order requiring transportation. Transportation costs in excess of the micro purchase threshold on any single task order will require the contractor to provide 3 competitive quotes.
Note: The transportation CLIN amount is for estimating purposes only. The total
NTE value for this contract for transportation is $1,040,000.00.
0006 1,000,000 Each Storage - Firm Fixed Price
FFP
Government required storage in support of the CAStLE Engineering and Research
Activities for Aging Structures WS (Attachment 1). Individual task orders will be issued for each project and will specifically identify the need for storage, if any.
Funding will be included, if necessary, in the task orders and payment made IAW the TO WS. The contractor must establish a firm fixed price storage rate in the
Price Schedule at Attachment 3 and a minimum fee or minimum square footage charge, if required.
Note: The storage CLIN amount is for estimating purposes only. The total NTE value for this contract for storage is $1,000,000,00.
IDC CONSTRAINT
CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE
The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and
CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
0001 $200,000.00 $62,000,000.00
0002 $0.00 $27,000,000.00
0003 $0.00 $1,700,000.00
0004 $0.00 $6,100,000.00
0005 $0.00 $1,040,000.00
0006 $0.00 $1,000,000.00
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
0004 Destination Government Destination Government
0005 Destination Government Destination Government
0006 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-9 Inspection Of Research And Development (Short Form) APR 1984
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 28-MAY-2015 TO
27-MAY-2020
N/A HQ USAFA/DFEM - F4BWY0
JIM GREER
2354 FAIRCHILD DR
STE 6L155
DEPT OF ENGINEERING MECH
USAFA CO 80840
719-333-3618
F4BWY0
0002 POP 28-MAY-2015 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 28-MAY-2015 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 28-MAY-2015 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 28-MAY-2015 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 28-MAY-2015 TO
N/A (SAME AS PREVIOUS LOCATION)
52.242-15 Stop-Work Order AUG 1989
52.242-17 Government Delay Of Work APR 1984
52.247-34 F.O.B. Destination NOV 1991
CLAUSES INCORPORATED BY FULL TEXT
52.247-62 SPECIFIC QUANTITIES UNKNOWN (APR 1984)
(a) For the purpose of evaluating "f.o.b. destination" offers, the Government estimates that the quantity specified will be shipped to the destinations indicated:
Estimated quantity Destination
See individual task orders.
(b) If the quantity shipped to each destination varies from the quantity estimated, and if the variation results in a change in the transportation costs, appropriate adjustment shall be made.
(End of clause)
Section H - Special Contract Requirements
SECTION H
International Traffic in Arms Regulations (ITAR)
The work performed under this contract is subject to the Arms Export Control Act as implemented by the ITAR. The contractor shall comply with 22 U.S.C. 2778-2780 of the Arms Export Control Act (AECA) and the International
Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130). The contractor shall be ITAR compliant without exception.
252.209-7002 Disclosure Of Ownership Or Control By A Foreign
Government
JUN 2010
252.211-7007 Reporting of Government-Furnished Property AUG 2012
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
Section I - Contract Clauses
52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct APR 2010
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract
Awards
JUL 2013
52.204-13 System for Award Management Maintenance JUL 2013
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
AUG 2013
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
MAY 2012
52.210-1 Market Research APR 2011
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011
52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
AUG 2011
52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010
52.215-14 Integrity of Unit Prices OCT 2010
52.215-15 Pension Adjustments and Asset Reversions OCT 2010
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997
52.215-21 Alt II Requirements for Cost or Pricing Data or Information Other
Than Cost or Pricing Data--Modifications (Oct 2010) -
Alternate II
OCT 1997
52.215-21 Alt III Requirements for Cost or Pricing Data or Information Other
Than Cost or Pricing Data--Modifications (Oct 2010) -
Alternate III
OCT 1997
52.216-7 Allowable Cost And Payment JUN 2013
52.216-11 Cost Contract--No Fee APR 1984
52.217-2 Cancellation Under Multiyear Contracts OCT 1997
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011
52.219-8 Utilization of Small Business Concerns MAY 2014
52.219-14 Limitations On Subcontracting NOV 2011
52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013
52.222-1 Notice To The Government Of Labor Disputes FEB 1997
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards Act - Overtime
Compensation
MAY 2014
52.222-21 Prohibition Of Segregated Facilities FEB 1999
52.222-26 Equal Opportunity MAR 2007
52.222-35 Equal Opportunity for Veterans JUL 2014
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans JUL 2014
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons FEB 2009
52.222-54 Employment Eligibility Verification AUG 2013
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent DEC 2007
52.227-1 Alt I Authorization And Consent (Dec 2007) - Alternate I APR 1984
52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-14 Rights in Data--General MAY 2014
52.227-14 Alt II Rights in Data--General (May 2014) - Alternate II DEC 2007
52.227-16 Additional Data Requirements JUN 1987
52.227-23 Rights to Proposal Data (Technical) JUN 1987
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.229-3 Federal, State And Local Taxes FEB 2013
52.230-2 Cost Accounting Standards MAY 2014
52.230-6 Administration of Cost Accounting Standards JUN 2010
52.232-2 Payments Under Fixed-Price Research And Development
Contracts
APR 1984
52.232-9 Limitation On Withholding Of Payments APR 1984
52.232-16 Progress Payments APR 2012
52.232-16 Alt I Progress Payments (Apr 2012) - Alternate I MAR 2000
52.232-17 Interest MAY 2014
52.232-18 Availability Of Funds APR 1984
52.232-20 Limitation Of Cost APR 1984
52.232-23 Assignment Of Claims MAY 2014
52.232-25 Prompt Payment JUL 2013
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014
52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991
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
52.242-1 Notice of Intent to Disallow Costs APR 1984
52.242-3 Penalties for Unallowable Costs MAY 2014
52.242-4 Certification of Final Indirect Costs JAN 1997
52.242-13 Bankruptcy JUL 1995
52.243-1 Changes--Fixed Price AUG 1987
52.243-1 Alt V Changes--Fixed-Price (Aug 1987) - Alternate V APR 1984
52.243-2 Changes--Cost-Reimbursement AUG 1987
52.243-2 Alt I Changes--Cost-Reimbursement (Aug 1987) - Alternate I APR 1984
52.243-6 Change Order Accounting APR 1984
52.243-7 Notification Of Changes APR 1984
52.244-2 Subcontracts OCT 2010
52.245-1 Government Property APR 2012
52.245-9 Use And Charges APR 2012
52.246-25 Limitation Of Liability--Services FEB 1997
52.247-68 Report of Shipment (REPSHIP) FEB 2006
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-6 Termination (Cost Reimbursement) MAY 2004
52.249-9 Default (Fixed-Priced Research And Development) APR 1984
52.249-14 Excusable Delays APR 1984
52.253-1 Computer Generated Forms JAN 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7003 Agency Office of the Inspector General DEC 2012
252.203-7004 Display of Fraud Hotline Poster(s) DEC 2012
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7000 Disclosure Of Information AUG 2013
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7012 Safeguarding of Unclassified Controlled Technical
Information
NOV 2013
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Terrorist Country
MAR 2014
252.215-7000 Pricing Adjustments DEC 2012
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010
252.223-7001 Hazard Warning Labels DEC 1991
252.225-7048 Export-Controlled Items JUN 2013
252.227-7000 Non-estoppel OCT 1966
252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014
252.227-7013 Alt II Rights in Technical Data--Noncommercial Items (FEB 2014)
Alternate II
MAR 2011
252.227-7016 Rights in Bid or Proposal Information JAN 2011
252.227-7017 Identification and Assertion of Use, Release, or Disclosure
Restrictions
JAN 2011
252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988
252.227-7030 Technical Data--Withholding Of Payment MAR 2000
252.227-7037 Validation of Restrictive Markings on Technical Data JUN 2013
252.228-7001 Ground And Flight Risk JUN 2010
252.231-7000 Supplemental Cost Principles DEC 1991
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.235-7011 Final Scientific or Technical Report NOV 2004
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.244-7001 Contractor Purchasing System Administration MAY 2014
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property APR 2012
252.245-7003 Contractor Property Management System Administration APR 2012
252.245-7004 Reporting, Reutilization, and Disposal MAY 2013
52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that --
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –
(i) Those prices,
(ii) The intention to submit an offer, or
(iii) The methods of factors used to calculate the prices offered:
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --
(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs
(a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $25,000,000.00;
(2) Any order for a combination of items in excess of $25,000,000.00; or
(3) A series of orders from the same ordering office within 1 day that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 10 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 27 May 2023.
52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION 2014-O0017) (JUNE
2014)
This clause implements Executive Order 13658, Establishing a Minimum Wage for Contractors, dated February 12, 2014, and OMB Policy Memorandum M-14-09, dated June 12, 2014.
(a) Each service employee, laborer, or mechanic employed in the United States (the 50 States and the District of
Columbia) in the performance of this contract by the prime Contractor or any subcontractor, regardless of any contractual relationship which may be alleged to exist between the Contractor and service employee, laborer, or mechanic, shall be paid not less than the applicable minimum wage under Executive Order 13658. The minimum wage required to be paid to each service employee, laborer, or mechanic performing work on this contract between
January 1, 2015, and December 31, 2015, shall be $10.10 per hour.
(b) The Contractor shall adjust the minimum wage paid under this contract each time the Secretary of Labor’s annual determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658 results in a higher minimum wage. Adjustments to the Executive Order minimum wage under section 2(a)(ii) of Executive Order
13658 will be effective for all service employees, laborers, or mechanics subject to the Executive Order beginning
January 1 of the following year. The Secretary of Labor will publish annual determinations in the Federal Register no later than 90 days before such new wage is to take effect. The Secretary will also publish the applicable minimum wage on www.wdol.gov (or any successor website). The applicable published minimum wage is incorporated by reference into this contract.
(c) The Contracting Officer will adjust the contract price or contract unit price under this clause only for the increase in labor costs resulting from the annual inflation increases in the Executive Order 13658 minimum wage beginning on January 1, 2016. The Contracting Officer shall consider documentation as to the specific costs and workers impacted in determining the amount of the adjustment.
(d) The Contractor Officer will not adjust the contract price under this clause for any costs other than those identified in paragraph (c) of this clause, and will not provide price adjustments under this clause that result in duplicate price adjustments with the respective clause of this contract implementing the Service Contract Labor Standards statute
(formerly known as the Service Contract Act) or the Wage Rate Requirements (Construction) statute (formerly known as the Davis Bacon Act).
(e) The Contractor shall include the substance of this clause, including this paragraph (e) in all subcontracts.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil/
52.252-4 ALTERATIONS IN CONTRACT (APR 1984)
Portions of this contract are altered as follows: N/A
252.216-7006 ORDERING (MAY 2011)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from 28
May 2015 through 27 May 2020.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic
Document Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.
(3) Orders may be issued orally only if authorized in the schedule.
(End of Clause)
252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS (FEB 2014)
(a) Definitions. As used in this clause--
(1) Computer data base means a collection of data recorded in a form capable of being processed by a computer. The term does not include computer software.
(2) Computer program means a set of instructions, rules, or routines recorded in a form that is capable of causing a computer to perform a specific operation or series of operations.
(3) Computer software means computer programs, source code, source code listings, object code listings, design details, algorithms, processes, flow charts, formulae and related material that would enable the software to be reproduced, recreated, or recompiled. Computer software does not include computer data bases or computer software documentation.
(4) Computer software documentation means owner's manuals, user's manuals, installation instructions, operating instructions, and other similar items, regardless of storage medium, that explain the capabilities of the computer software or provide instructions for using the software.
(5) Covered Government support contractor means a contractor (other than a litigation support contractor covered by
252.204-7014) under a contract, the primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Government's management and oversight of a program or effort (rather than to directly furnish an end item or service to accomplish a program or effort), provided that the contractor--
(i) Is not affiliated with the prime contractor or a first-tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and
(ii) Receives access to technical data or computer software for performance of a Government contract that contains the clause at 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.
(6) Detailed manufacturing or process data means technical data that describe the steps, sequences, and conditions of manufacturing, processing or assembly used by the manufacturer to produce an item or component or to perform a process.
(7) Developed means that an item, component, or process exists and is workable. Thus, the item or component must have been constructed or the process practiced. Workability is generally established when the item, component, or process has been analyzed or tested sufficiently to demonstrate to reasonable people skilled in the applicable art that there is a high probability that it will operate as intended. Whether, how much, and what type of analysis or testing is required to establish workability depends on the nature of the item, component, or process, and the state of the art.
To be considered "developed," the item, component, or process need not be at the stage where it could be offered for sale or sold on the commercial market, nor must the item, component, or process be actually reduced to practice within the meaning of Title 35 of the United States Code.
(8) Developed exclusively at private expense means development was accomplished entirely with costs charged to indirect cost pools, costs not allocated to a government contract, or any combination thereof.
(i) Private expense determinations should be made at the lowest practicable level.
(ii) Under fixed-price contracts, when total costs are greater than the firm-fixed-price or ceiling price of the contract, the additional development costs necessary to complete development shall not be considered when determining whether development was at government, private, or mixed expense.
(9) Developed exclusively with government funds means development was not accomplished exclusively or partially at private expense.
(10) Developed with mixed funding means development was accomplished partially with costs charged to indirect cost pools and/or costs not allocated to a government contract, and partially with costs charged directly to a government contract.
(11) Form, fit, and function data means technical data that describes the required overall physical, functional, and performance characteristics (along with the qualification requirements, if applicable) of an item, component, or process to the extent necessary to permit identification of physically and functionally interchangeable items.
(12) Government purpose means any activity in which the United States Government is a party, including cooperative agreements with international or multi-national defense organizations, or sales or transfers by the United
States Government to foreign governments or international organizations. Government purposes include competitive procurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose technical data for commercial purposes or authorize others to do so.
(13) Government purpose rights means the rights to--
(i) Use, modify, reproduce, release, perform, display, or disclose technical data within the Government without restriction; and
(ii) Release or disclose technical data outside the Government and authorize persons to whom release or disclosure has been made to use, modify, reproduce, release, perform, display, or disclose that data for United States government purposes.
(14) Limited rights means the rights to use, modify, reproduce, release, perform, display, or disclose technical data, in whole or in part, within the Government. The Government may not, without the written permission of the party asserting limited rights, release or disclose the technical data outside the Government, use the technical data for manufacture, or authorize the technical data to be used by another party, except that the Government may reproduce, release, or disclose such data or authorize the use or reproduction of the data by persons outside the Government if--
(i) The reproduction, release, disclosure, or use is--
(A) Necessary for emergency repair and overhaul; or
(B) A release or disclosure to--
(1) A covered Government support contractor in performance of its covered Government support contract for use, modification, reproduction, performance, display, or release or disclosure to a person authorized to receive limited rights technical data; or
(2) A foreign government, of technical data other than detailed manufacturing or process data, when use of such databy the foreign government is in the interest of the Government and is required for evaluational or informational purposes;
(ii) The recipient of the technical data is subject to a prohibition on the further reproduction, release, disclosure, or use of the technical data; and
(iii) The contractor or subcontractor asserting the restriction is notified of such reproduction, release, disclosure, or use.
(15) Technical data means recorded information, regardless of the form or method of the recording, of a scientific or technical nature (including computer software documentation). The term does not include computer software or data incidental to contract administration, such as financial and/or management information.
(16) Unlimited rights means rights to use, modify, reproduce, perform, display, release, or disclose technical data in whole or in part, in any manner, and for any purpose whatsoever, and to have or authorize others to do so.
(b) Rights in technical data. The Contractor grants or shall obtain for the Government the following royalty free, world-wide, nonexclusive, irrevocable license rights in technical data other than computer software documentation
(see the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause of this contract for rights in computer software documentation):
(1) Unlimited rights.
The Government shall have unlimited rights in technical data that are--
(i) Data pertaining to an item, component, or process which has been or will be developed exclusively with
Government funds;
(ii) Studies, analyses, test data, or similar data produced for this contract, when the study, analysis, test, or similar work was specified as an element of performance;
(iii) Created exclusively with Government funds in the performance of a contract that does not require the development, manufacture, construction, or production of items, components, or processes;
(iv) Form, fit, and function data;
(v) Necessary for installation, operation, maintenance, or training purposes (other than detailed manufacturing or process data);
(vi) Corrections or changes to technical data furnished to the Contractor by the Government;
(vii) Otherwise publicly available or have been released or disclosed by the Contractor or subcontractor without restrictions on further use, release or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in the technical data to another party or the sale or transfer of some or all of a business entity or its assets to another party;
(viii) Data in which the Government has obtained unlimited rights under another Government contract or as a result of negotiations; or
(ix) Data furnished to the Government, under this or any other Government contract or subcontract thereunder, with-
(A) Government purpose license rights or limited rights and the restrictive condition(s) has/have expired; or
(B) Government purpose rights and the Contractor's exclusive right to use such data for commercial purposes has expired.
(2) Government purpose rights.
(i) The Government shall have government purpose rights for a five-year period, or such other period as may be negotiated, in technical data--
(A) That pertain to items, components, or processes developed with mixed funding except when the Government is entitled to unlimited rights in such data as provided in paragraphs as provided in paragraphs (b)(1)(ii) and (b)(1)(iv) through (b)(1)(ix) of this clause; or
(B) Created with mixed funding in the performance of a contract that does not require the development, manufacture, construction, or production of items, components, or processes.
(ii) The five-year period, or such other period as may have been negotiated, shall commence upon execution of the contract, subcontract, letter contract (or similar contractual instrument), contract modification, or option exercise that required development of the items, components, or processes or creation of the data described in paragraph
(b)(2)(i)(B) of this clause. Upon expiration of the five-year or other negotiated period, the Government shall have unlimited rights in the technical data.
(iii) The Government shall not release or disclose technical data in which it has government purpose rights unless-
(A) Prior to release or disclosure, the intended recipient is subject to the non-disclosure agreement at 227.7103-7 of the Defense Federal Acquisition Regulation Supplement (DFARS); or
(B) The recipient is a Government contractor receiving access to the data for performance of a Government contract that contains the clause at DFARS 252.227-7025, Limitations on the Use or Disclosure of Government-Furnished
Information Marked with Restrictive Legends.
(iv) The Contractor has the exclusive right, including the right to license others, to use technical data in which the
Government has obtained government purpose rights under this contract for any commercial purpose during the time period specified in the government purpose rights legend prescribed in paragraph (f)(2) of this clause.
(3) Limited rights.
(i) Except as provided in paragraphs (b)(1)(ii) and (b)(1)(iv) through (b)(1)(ix) of this clause, the Government shall have limited rights in technical data--
(A) Pertaining to items, components, or processes developed exclusively at private expense and marked with the limited rights legend prescribed in paragraph (f) of this clause; or
(B) Created exclusively at private expense in the performance of a contract that does not require the development, manufacture, construction, or production of items, components, or processes.
(ii) The Government shall require a recipient of limited rights data for emergency repair or overhaul to destroy the data and all copies in its possession promptly following completion of the emergency repair/overhaul and to notify the Contractor that the data have been destroyed.
(iii) The Contractor, its subcontractors, and suppliers are not required to provide the Government additional rights to use, modify, reproduce, release, perform, display, or disclose technical data furnished to the Government with limited rights. However, if the Government desires to obtain additional rights in technical data in which it has limited rights, the Contractor agrees to promptly enter into negotiations with the Contracting Officer to determine whether there are acceptable terms for transferring such rights. All technical data in which the Contractor has granted the
Government additional rights shall be listed or described in a license agreement made part of the contract. The license shall enumerate the additional rights granted the Government in such data.
(iv) The Contractor acknowledges that--
(A) Limited rights data are authorized to be released or disclosed to covered Government support contractors;
(B) The Contractor will be notified of such release or disclosure;
(C) The Contractor (or the party asserting restrictions as identified in the limited rights legend) may require each such covered Government support contractor to enter into a non-disclosure agreement directly with the Contractor
(or the party asserting restrictions) regarding the covered Government support contractor's use of such data, or alternatively, that the Contractor (or party asserting restrictions) may waive in writing the requirement for a non-disclosure agreement; and
(D) Any such non-disclosure agreement shall address the restrictions on the covered Government support contractor's use of the limited rights data as set forth in the clause at 252.227-7025, Limitations on the Use or
Disclosure of Government-Furnished Information Marked with Restrictive Legends. The non-disclosure agreement shall not include any additional terms and conditions unless mutually agreed to by the parties to the non-disclosure agreement.
(E) The Contractor shall provide a copy of any such non-disclosure agreement or waiver to the Contracting Officer, upon request.
(4) Specifically negotiated license rights.
The standard license rights granted to the Government under paragraphs (b)(1) through (b)(3) of this clause, including the period during which the Government shall have government purpose rights in technical data, may be modified by mutual agreement to provide such rights as the parties consider appropriate but shall not provide the
Government lesser rights than are enumerated in paragraph (a)(14) of this clause. Any rights so negotiated shall be identified in a license agreement made part of this contract.
(5) Prior government rights.
Technical data that will be delivered, furnished, or otherwise provided to the Government under this contract, in which the Government has previously obtained rights shall be delivered, furnished, or provided with the pre-existing rights, unless--
(i) The parties have agreed otherwise; or
(ii) Any restrictions on the Government's rights to use, modify, reproduce, release, perform, display, or disclose the data have expired or no longer apply.
(6) Release from liability.
The Contractor agrees to release the Government from liability for any release or disclosure of technical data made in accordance with paragraph (a)(14) or (b)(2)(iii) of this clause, in accordance with the terms of a license negotiated under paragraph (b)(4) of this clause, or by others to whom the recipient has released or disclosed the data and to seek relief solely from the party who has improperly used, modified, reproduced, released, performed, displayed, or disclosed Contractor data marked with restrictive legends.
(c) Contractor rights in technical data. All rights not granted to the Government are retained by the Contractor.
(d) Third party copyrighted data. The Contractor shall not, without the written approval of the Contracting Officer, incorporate any copyrighted data in the technical data to be delivered under this contract unless the Contractor is the copyright owner or has obtained for the Government the license rights necessary to perfect a license or licenses in the deliverable data of the appropriate scope set forth in paragraph (b) of this clause, and has affixed a statement of the license or licenses obtained on behalf of the Government and other persons to the data transmittal document.
(e) Identification and delivery of data to be furnished with restrictions on use, release, or disclosure. (1) This paragraph does not apply to restrictions based solely on copyright.
(2) Except as provided in paragraph (e)(3) of this clause, technical data that the Contractor asserts should be furnished to the Government with restrictions on use, release, or disclosure are identified in an attachment to this contract (the Attachment). The Contractor shall not deliver any data with restrictive markings unless the data are listed on the Attachment.
(3) In addition to the assertions made in the Attachment, other assertions may be identified after award when based on new information or inadvertent omissions unless the inadvertent omissions would have materially affected the source selection decision. Such identification and assertion shall be submitted to the Contracting Officer as soon as practicable prior to the scheduled date for delivery of the data, in the following format, and signed by an official authorized to contractually obligate the Contractor: Identification and Assertion of Restrictions on the Government's
Use, Release, or Disclosure of Technical Data.
The Contractor asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose the following technical data should be restricted--
Technical data Asserted Name of Person to be Furnished Basis for Rights Asserting
With Restrictions \1/ Assertion \2/ Category \3/ Restrictions \4/
(LIST) (LIST) (LIST) (LIST)
\1/ If the assertion is applicable to items, components or processes developed at private expense, identify both the data and each such items, component, or process.
\2/ Generally, the development of an item, component, or process at private expense, either exclusively or partially, is the only basis for asserting restrictions on the Government's rights to use, release, or disclose technical data pertaining to such items, components, or processes. Indicate whether development was exclusively or partially at private expense. If development was not at private expense, enter the specific reason for asserting that the
Government's rights should be restricted.
\3/ Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR data generated under another contract, limited or government purpose rights under this or a prior contract, or specifically negotiated licenses).
\4/ Corporation, individual, or other person, as appropriate.
Date ______________________________________________________________________
Printed Name and Title ____________________________________________________
Signature __________________________________________________________________
(End of identification and assertion)
(4) When requested by the Contracting Officer, the Contractor shall provide sufficient information to enable the
Contracting Officer to evaluate the Contractor's assertions. The Contracting Officer reserves the right to add the
Contractor's assertions to the Attachment and validate any listed assertion, at a later date, in accordance with the procedures of the Validation of Restrictive Markings on Technical Data clause of this contract.
(f) Marking requirements. The Contractor, and its subcontractors or suppliers, may only assert restrictions on the
Government's rights to use, modify, reproduce, release, perform, display, or disclose technical data to be delivered under this contract by marking the deliverable data subject to restriction. Except as provided in paragraph (f)(5) of this clause, only the following legends are authorized under this contract: the government purpose rights legend at paragraph (f)(2) of this clause; the limited rights legend at paragraph (f)(3) of this clause; or the special license rights legend at paragraph (f)(4) of this clause; and/or a notice of copyright as prescribed under 17 U.S.C. 401 or 402.
(1) General marking instructions. The Contractor, or its subcontractors or suppliers, shall conspicuously and legibly mark the appropriate legend on all technical data that qualify for such markings.
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