EMSS_III_RFP_as_of_16_May_16.pdf.pdf
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- Solicitation number
- FA7022-16-R-0006-EMSSIII
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CODE
(Hour)
PAGE(S)
until 02:00 PM local t ime 05 Jul 2016
X
A X B X C X D
EX
X
G F 51 - 62
63 - 84 X H 85 - 94 michael.suchy .1@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 94
(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.
FA7022 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 3 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
N/A conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
MICHAEL W. SUCHY 321-494-9883
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 5
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
8 - 9
10 - 11 X K REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 12 - 14 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 15 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
16 - 49
PART II - CO NTRACT CLAUSES
AMIC DET 2 OL/PKA
10989 SOUTH PATRICK DRIVE
PATRICK AFB FL 32925
321-494-5067
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
16 May 2016
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
FA7022-16-R-0006
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
RESEARCH AND DEVELOPMENT (R&D)
CPFF
The contractor shall provide all personnel, supervision, and other technical services, including subcontract labor to perform non-personal R&D support in accordance with the Performance Work Statement (PWS), for Environmental Modeling Simulation Support (EMSS) dated 15 Dec 2015, and the individual Task Order PWS. Funding will be provided by issuance of Task Orders. Period of performance will be at the task order level.
FOB: Destination
SIGNAL CODE: A
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
OPERATIONS AND MAINTENANCE (O&M)
CPFF
The contractor shall provide all personnel, supervision, and other technical services, including subcontract labor to perform non-personal O&M support in accordance with the Performance Work Statement (PWS), for Environmental Modeling Simulation Support (EMSS) dated 15 Dec 2015, and the individual Task Order PWS. Funding will be provided by issuance of Task Orders. Period of performance will be at the task order level.
FIXED FEE
TOTAL EST COST + FEE
TRAVEL AND PER DIEM
COST
The contractor shall perform travel as required to support performance of CLIN 0001 on a cost reimbursable basis no fee, in accordance with the Joint Travel Regulations (JTR) Guidelines. Period of performance will be at the task order level.
DATA DELIVERABLES
FFP
The contractor shall furnish all necessary supplies and services required to deliver technical data and information in accordance with DD Form 1423, Contract Data Requirements List (CDRL). The cost for this CLIN is to be included in the cost of CLIN 0001. This CLIN is not separately priced.
NET AMT
Phase-In
COST
The contractor shall perform phase-in operations as specified in the Performance Work Statement identified in Section J. (Note: This is a one-time charge for costs associated with phase-in operations. This is a Cost Reimbursement line item--no fee). Period of Performance: 6 Jan 2017 - 5 Feb 2017.
SECTION B
PART I –THE SCHEDULE
SECTION B
SUPPLIES OR SERVICES AND PRICES
The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
MINIMUM MAXIMUM
AMOUNT AMOUNT
$15,000.00 $3,000,000.00
B-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) Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.
B-2. TRAVEL AND PER DIEM
(a) Travel and per diem negotiated under Contract Line Item Number (CLIN) 0003 shall be reimbursed in accordance with FAR 31.205-46 and the Joint Federal Travel Regulations (JFTR) Guidelines. The contractor shall use per diem allowance in lieu of actual subsistence expenses for all persons in travel status both within and outside the continental United States. Per diem shall be limited to the government JFTR per diem schedule. Charges for transportation and car rental shall not exceed those stated in the JFTR per diem schedule.
(b) Transportation by private vehicle for off-base travel shall be reimbursed on a mileage basis only, in lieu of the actual expenses of such transportation in accordance with the JFTR Guidelines.
(c) All travel requirements in support of CLIN 0001 and 0002 must be approved in advance by the Project Officer.
B-3. CONTRACT MINIMUM/MAXIMUM AND CEILING
The guaranteed minimum is $50,000.00. The maximum amount and the ceiling for this contract awarded is $9,500,000.00. TASK ORDERS WILL BE ISSUED AS STATED IN SECTION H OF THE CONTRACT.
B-4. RESERVED
B-5. IMPLEMENTATION OF LIMITATION OF FUNDS
(a) The sum allotted to this contract and available for payment of costs under CLIN 0001 through 0005 in accordance with the clause in Section I entitled “Limitation of Funds” is determined per individual task order.
(b) In addition to the amount allotted under the “Limitation of Funds” clause, the total amount of $ determined per individual task order is obligated for payment of fee for work completed under CLIN 0001 and 0002.
B-6. PHASE-IN
Contract Line Item Number (CLIN) 0005 is designated for performance of phase-in activities. In the event the incumbent is not awarded this contract, this CLIN will be activated at contract award. The Contracting Officer may execute this CLIN and associated SubCLINs concurrently with contract award. The phase-in period is 6 Jan 2017 – 5 Feb 2017.
Section C - Descriptions and Specifications
SECTION C
PART I – THE SCHEDULE
SECTION C
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
C-1. The following documents, which constitute the work description, specifications and Performance Work Statement to define the task requirements for performance under this contract, are hereby incorporated into this contract by reference or full text:
(a) Performance Work Statements are classified and will be provided under separate cover.
(b) All other exhibits and attachments are identified in Part III, Section J of this solicitation and resultant contract.
Section D - Packaging and Marking
SECTION D
SECTION D
PACKAGING AND MARKING
D-1. PACKAGING AND MARKING
(a) Packaging and marking of technical data to be delivered pursuant to the provisions of this contract shall be in accordance with contractor’s standard commercial practices and the Contract Data Requirements Lists (CDRLs) (Exhibit A) and DD Form 254 (Attachment 2) as applicable.
(b) Items designated by the Government Program Manager will be packed and shipped according to the contractor’s standard commercial practice. Registered mail will be used when shipping data. When required by the urgencies arising out of the performance of the work, and when approved in advance by the Government Program Manager, the contractor may use air express or air freight services to expedite the shipment of the item.
Section E - Inspection and Acceptance
SECTION E
SECTION E
INSPECTION AND ACCEPTANCE
E-1. DD FORM 1423 DATA INSPECTION AND ACCEPTANCE
Inspection and acceptance of data will be at destination specified in the CDRLs (Exhibit A) hereof.
E-2. POINT OF INSPECTION
(a) The Government reserves the right to perform quality assurance inspections at the contractor’s place of performance identified in this contract. The Government will inspect the contractor’s submissions (deliverables), and products as specified in this contract. To accomplish these inspections, the Contracting Officer will appoint Contracting Officer Representative (COR).
(b) Inspection and acceptance will be at destination for any modifications to equipment, computer software support or other projects involving Government furnished equipment or systems located at the place of performance specified in Section F.
(c) Inspection of the services performed under this contract shall be accomplished by COR, AFTAC/TMEA, Patrick AFB Florida 32925 shall accomplish acceptance of the services performed under this contract. “Service Acceptor” is the title in Wide Area Workflow for the COR. The “Service Acceptor” code is the first six digits of the applicable PR (e.g. F3KTK7) with no extension included.
E-3. DATA APPROVAL
Unless specific time limits are identified in the relevant CDRL item, data item description or Performance Work Statement of this contract, the following general rule(s) shall apply to Government handling of data submissions.
(a) The Government shall furnish required approvals or, in lieu thereof, comments to the contractor in accordance with the applicable CDRL.
(b) Subject to DFARS 252.246-7001, Warranty of Data, Government comments on the initial data submission shall be complete and shall not be expanded subsequently. Recurring or new defects in subsequent submissions shall, of course, be the subject of fair comment.
(c) Where specified in the CDRL item “approval” by Government silence, after a stated period of time from receipt of the data item, is authorized. Automatic approval may be withheld; however, by notice to the contractor that, for reasonable cause, additional time for review is required. Action thereafter shall proceed in due course.
E-4. CONTRACTING OFFICER REPRESENTATIVE (COR)
Appointed CORs from the functional area receiving the contract services, will participate in the administration of this contract specifically to evaluate contractor performance, inspects the services for the Government, and provides a report of inspection to the Contracting Officer. This designation does not include authority to direct and/or authorize the contractor to make changes in the scope or terms of the contract without the written authority of the Contracting Officer. The Contracting Officer will notify the contractor, in writing, of the names, duties, and limitations of the CORs.
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
CLAUSES INCORPORATED BY REFERENCE
52.246-5 Inspection Of Services Cost-Reimbursement APR 1984 52.246-8 Inspection Of Research And Development Cost
Reimbursement
MAY 2001
252.201-7000 Contracting Officer's Representative DEC 1991 252.246-7000 Material Inspection And Receiving Report MAR 2008
Section F - Deliveries or Performance
SECTION F
PART I - THE SCHEDULE
SECTION F
DELIVERIES OR PERFORMANCE
F-1. PERIOD OF CONTRACT
This contract shall be in effect for the ordering period 6 January 2017 - 5 January 2022.
CLIN 0001, 0002, 0003 and 0004: 6 February 2017 - 5 January 2022 Phase-in, CLIN 0005: 6 Jan 2017 – 5 Feb 2017 Task Order 0001, Period of Performance: 6 Feb 2017 – 5 Feb 2018
F-2. PLACE OF PERFORMANCE
The place of performance shall be considered to be “origin” for the purposes of this contract. Services under this contract are to be performed at AFTAC, 10989 South Patrick AFB, Florida 32925 and the contractor facility at:
F-3. GOVERNMENT-FURNISHED PROPERTY
Government-furnished equipment (GFE) will be provided on an “as is” basis in accordance with Section I, FAR 52.245-1, Government Property Furnished "As Is". Routine maintenance and repair of GFE is considered a support service under CLIN 0001.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
0001 POP 06-FEB-2017 TO
05-JAN-2022
N/A AFTAC/TM - F3KTK7
JOEL NAGLE
10989 SOUTH PATRICK DR.
PATRICK AFB FL 32925
321-494-0518
F3KTK7
0002 POP 06-FEB-2017 TO
05-JAN-2022
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 06-FEB-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 06-FEB-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 06-JAN-2017 TO
05-FEB-2017
N/A (SAME AS PREVIOUS LOCATION)
52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.247-34 F.O.B. Destination NOV 1991 52.247-48 F.O.B. Destination--Evidence Of Shipment FEB 1999 52.247-55 F.O.B. Point For Delivery Of Government-Furnished Property JUN 2003
Section G - Contract Administration Data
SECTION G
G-1. ACCOUNTING AND APPROPRIATION DATA
SUMMARY FOR THE PAYMENT OFFICE – PAYMENT OF THIS CONTRACT IS CLIN/ACRN
SPECIFIC. ACRNS MAY BE CROSSED REFERENCED WITH CLINS IN SCHEDULE B:
ACCT APPROPRIATION/LMT SUBHEAD/CPN RECIP DODAAC OBLIG
ACRN SUPPLEMENTAL ACCOUNTING CLASSIFICATION AMOUNT
AA Identified on each task order $
G-2. ADMINISTRATIVE MATTERS
(a) The contact information for the Contracting Officer (CO) is:
Michelle Raines AMIC DET 2 OL/PKA (Patrick AFB FL) 10989 South Patrick Drive Patrick AFB, Florida 32925
(321) 494-7320 michelle.raines@us.af.mil
(b) The contact information for the Contract Specialist is:
Michael Suchy AMIC DET 2 OL/PKA (Patrick AFB FL) 10989 South Patrick Drive Patrick AFB, Florida 32925
(321) 494-9883 michael.suchy.1@us.af.mil
(c) The address and telephone number of the paying office will be provided after contract award.
(d) The name, address and telephone number of the COR will be provided after contract award.
(e) The name, address and telephone number of the administrative contracting office. The name, address, and telephone number of the Administrative Contracting Officer (ACO) will be provided after contract award.
G-3. SUBMISSION OF INVOICES
ALL PAYMENT REQUESTS/COST VOUCHERS SHALL BE PROCESSED ELECTRONICALLY IN
WAWF-RA.
(a) WAWF PROCEDURES In accordance with contract clause, 252.232-7003, all requests for payment shall be submitted through the wide area workflow system located at https://wawf.eb.mil//. Web Based Training for WAWF can be found at http://wawftraining.com. To register your company for WAWF-RA, simply log into https://wawf.eb.mil.
(1) FIRM-FIXED-PRICE CLINS: Payment requests submitted for acceptance of firm-fixed-price CLINs
(see Section E, 252.246-7000) shall be processed on a 2-in-1 invoice in WAWF-RA in accordance with contract clause Section I, DFARS 252.232-7003. The Service Acceptor code consists of the first six digits of the PR funding the work being invoiced. The contractor shall invoice monthly for services performed and received under the firm-fixed-price CLINs.
(2) COST-REIMBURSEMENT CLINS
(A) Upon submission of proper cost vouchers in WAWF-RA for cost-reimbursement CLINs, the
Government will pay the contractor on a monthly basis for services rendered and accepted, to include fixed-fee (see Section I, 52.216-8), less any deductions provided for in this contract. Payments will be made in accordance with DFARS 252.232-7003 and this clause.
(B) If direct submission to DFAS is authorized, cost vouchers for cost reimbursement CLINs shall be submitted directly to the Payment Office in WAWF-RA. If direct submission is not authorized, payment requests submitted for payment of cost reimbursement CLINs, in accordance with Section I, FAR 52.216-7 and 52.216-8, shall be submitted to the cognizant Defense Contract Audit Agency (DCAA) (designated as the “Inspector” in WAWF) for audit and transmission to the paying office via WAWF-RA.
mailto:michelle.raines@us.af.mil mailto:michael.suchy.1@us.af.mil https://wawf.eb.mil/
(b) Upon submission of cost vouchers in WAWF-RA, a copy shall be submitted to the Contracting Office, at the address in G-2 and the Project Officer at the following address:
Joel Nagle
AFTAC/TM
10989 South Patrick Drive Patrick AFB, Florida 32925
(321) 494-0518 joel.nagle@us.af.mil
G-4. NOTIFICATION REGARDING ADMINISTRATIVE PROBLEMS
If at any time during the performance of this contract, administrative problems should arise which will have an adverse impact on timely performance by the contractor or affect the contract costs or funding, the contractor is required to immediately notify the CO identified in paragraph G-2 and the cognizant Administrative Contracting Officer (ACO).
G-5. DATA RELEASE
Notwithstanding any other terms or conditions of this contract, no information or data, technical or otherwise, concerning this project will be released through publication, posted on the internet, or released in any other manner unless authorized in writing by the Contracting Officer, AMIC DET 2 OL/PKA (Patrick AFB FL), 10989 South Patrick Drive, Patrick AFB, Florida 32925. Three to four weeks must be allowed for the processing of such requests.
G-6. CONTRACTOR’S CONTRACT ADMINISTRATION
The contractor’s contract administration functions will be performed at the following address:
Name and Title ___________________________________________ Responsible Office_________________________________________ Address__________________________________________________ Telephone Number_________________________________________ Email Address_____________________________________________
CEC/DUNS# ______________ CAGE# _________________________
Tax Identification Number ____________________________ mailto:joel.nagle@us.af.mil
G-7. REMITTANCE ADDRESS
If the remittance address is different from the mailing address, enter the remittance address below. Failure to provide this information may impact payment.
252.204-0001 Line Item Specific: Single Funding SEP 2009 252.204-0002 Line Item Specific: Sequential ACRN Order SEP 2009 252.204-7006 Billing Instructions OCT 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7006 Wide Area WorkFlow Payment Instructions MAY 2013
Section H - Special Contract Requirements
SECTION H
PART I
SECTION H
SPECIAL CONTRACT REQUIREMENTS
H-1. PROFESSIONAL SERVICES
It is the responsibility of the contractor to insure that the professional employees required to perform the services called for in this contract meet all of the requirements of Regulation 29 CFR Part 541.
H-2. TASK ORDERS
(a) Requirements in the PWS shall be implemented and directed by task orders, issued by the CO except under extenuating circumstances. The contractor shall not proceed with the work until the estimated cost is negotiated. It is not anticipated that any work will begin on any task order until the task order is priced. Task orders shall describe the work to be performed, the estimated cost, and performance schedule. Funds will be obligated by each task order, but may be incrementally funded. The terms and conditions of this contract shall be applicable to task orders issued under this contract.
(b) Prior to issuance of a task order, the Government will issue a Request for Proposal that includes: a detailed description of the work to be accomplished; the period of performance, a list of deliverables, the contractor’s response date, and additional data as appropriate to assist the contractor in understanding the task.
(c) The contractor shall submit a detailed technical and cost proposal. Proposals shall be submitted to the contracting office no later than the stated contractor’s response date. Proposals shall be priced on a Cost-Plus-Fixed-Fee (CPFF) basis, as specified by the Government using rates listed in Section J, Attachment 4, Labor Category Rates for Task Orders. These rates may be revised once each fiscal year to adjust, if necessary, the rates for the following fiscal year, in accordance with FAR 52.216-7 (e), and the contract modified accordingly. Proposed rate changes will be based on DCAA approved billing rates or, if applicable, the most recent Forward Pricing Rate Agreement (FPRA).
(d) Upon completed negotiations, task orders will be issued by the Contracting Officer. Changes to task content, estimated cost, schedules, and deliverables shall be accomplished by a negotiated modification to the task order.
However, the contractor may redistribute the labor hours among the categories of all task orders as long as they do not exceed the dollar amount allocated for CLIN 0001 of the task orders.
(e) Negotiated rate will be incorporated in Attachment 4 to the contract at the time of award. Proposals for task orders will be at the rates incorporated into the contract. Upon receipt of audited billing rates from the cognizant DCAA or negotiation of a new Forward Pricing Rate Agreement, the contractor will request the replacement of the rates at Attachment 4.
H-3. TASK ORDER PRICING
The cost estimated for each task order will be established using the rates proposed by the contractor and accepted by the Government in Section J, Attachment 4. A fixed fee rate (%) will also be established. This fixed fee rate will be applied to the estimated cost accepted by the Government to determine the fixed fee for each task order issued under CLIN 0001 of this contract. Issuance of task orders is subject to availability of funds FAR clause 52.232-18. Further all task orders issued under this contract are subject to funding limitations set forth in FAR clause 52.232-19 Delivery Order Limitations, Section I hereof.
H-4. BILLING RATES
The billing rates approved by the cognizant DCAA shall be used by the contractor to invoice for the interim reimbursement of incurred costs (FAR 42.7). Such rates shall be exclusive of profit or fee. Final indirect cost rates will be negotiated in accordance with FAR 52.216-7(d), and the contract modified accordingly.
H-5. ORGANIZATION CONFLICT OF INTEREST, ALTERNATE III
(a) The contractor may gain access to proprietary information of other companies during contract performance. The contractor agrees to enter into company-to-company agreements to (1) protect another company’s information from unauthorized use or disclosure for as long as it is considered proprietary by the other company and (2) to refrain from using the information for any purpose other than that for which it was furnished. For information purposes, the contractor shall furnish copies of these agreements to the Contracting Officer. These agreements are not intended to protect information, which is available to the Government or to the contractor from other sources and furnished voluntarily without restriction.
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 OCT 2015 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
OCT 2015
52.204-13 System for Award Management Maintenance JUL 2013 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
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 52.215-14 Integrity of Unit Prices OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort
OCT 2009
52.215-23 Limitations on Pass-Through Charges OCT 2009 52.216-7 Allowable Cost And Payment JUN 2013 52.216-7 Alt IV Allowable Cost and Payment (Jun 2013) - Alternate IV AUG 2012
52.216-8 Fixed Fee JUN 2011 52.217-2 Cancellation Under Multiyear Contracts OCT 1997 52.219-8 Utilization of Small Business Concerns OCT 2014 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime
Compensation
MAY 2014
52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity APR 2015 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans OCT 2015 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-6 Drug-Free Workplace MAY 2001 52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer
Products - Alternate I
JUN 2014
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
52.227-10 Filing Of Patent Applications--Classified Subject Matter DEC 2007 52.227-11 Patent Rights--Ownership By The Contractor MAY 2014 52.227-14 Rights in Data--General MAY 2014 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.230-2 Cost Accounting Standards OCT 2015 52.230-3 Disclosure And Consistency Of Cost Accounting Practices OCT 2015 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984 52.232-25 Prompt Payment JUL 2013 52.232-25 Alt I Prompt Payment (July 2013) Alternate I FEB 2002 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 52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity Of Services JAN 1991
52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-13 Bankruptcy JUL 1995 52.243-2 Changes--Cost-Reimbursement AUG 1987 52.243-2 Alt I Changes--Cost-Reimbursement (Aug 1987) - Alternate I APR 1984 52.243-2 Alt V Changes--Cost-Reimbursement (Aug 1987) - Alternate V APR 1984 52.244-2 Subcontracts OCT 2010 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items DEC 2015 52.245-1 Government Property APR 2012 52.245-9 Use And Charges APR 2012 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-14 Excusable Delays APR 1984 52.251-2 Interagency Fleet Management System (IFMS) Vehicles And
Related Services
JAN 1991
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 252.203-7997 (Dev) Prohibition on Contracting with Entities that Require Certain
Internal Confidentiality Agreements (Deviation 2016-O0003)
OCT 2015
252.204-7000 Disclosure Of Information AUG 2013 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7009 Limitations on the Use or Disclosure of Third-Party
Contractor Reported Cyber Incident Information
DEC 2015
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7000 Pricing Adjustments DEC 2012 252.215-7002 Cost Estimating System Requirements DEC 2012 252.215-7008 Only One Offer OCT 2013 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7001 Buy American And Balance Of Payments Program-- Basic (Nov 2014)
NOV 2014
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2012 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
SEP 2004
252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7014 Rights in Noncommercial Computer Software and
Noncommercial Computer Software Documentation
FEB 2014
252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2011
252.227-7025 Limitations on the Use or Disclosure of Government- Furnished Information Marked with Restrictive Legends
MAY 2013
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 252.227-7039 Patents--Reporting Of Subject Inventions APR 1990 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7010 Levies on Contract Payments DEC 2006 252.235-7010 Acknowledgment of Support and Disclaimer MAY 1995 252.235-7011 Final Scientific or Technical Report JAN 2015 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.242-7004 Material Management And Accounting System MAY 2011 252.242-7005 Contractor Business Systems FEB 2012 252.242-7006 Accounting System Administration FEB 2012 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 MAR 2015 252.246-7001 Warranty Of Data MAR 2014 252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000 252.251-7001 Use Of Interagency Fleet Management System (IFMS)
Vehicles And Related Services
DEC 1991
CLAUSES INCORPORATED BY FULL TEXT
52.209-1 QUALIFICATION REQUIREMENTS (FEB 1995)
(a) Definition: "Qualification requirement," as used in this clause, means a Government requirement for testing or other quality assurance demonstration that must be completed before award.
(b) One or more qualification requirements apply to the supplies or services covered by this contract. For those supplies or services requiring qualification, whether the covered product or service is an end item under this contract or simply a component of an end item, the product, manufacturer, or source must have demonstrated that it meets the standards prescribed for qualification before award of this contract. The product, manufacturer, or source must be qualified at the time of award whether or not the name of the product, manufacturer, or source is actually included on a qualified products list, qualified manufacturers list, or qualified bidders list. Offerors should contact the agency activity designated below to obtain all requirements that they or their products or services, or their subcontractors or their products or services, must satisfy to become qualified and to arrange for an opportunity to demonstrate their abilities to meet the standards specified for qualification.
Joel Nagle 10989 S. Patrick Drive Patrick AFB FL 32925
(c) If an offeror, manufacturer, source, product or service covered by a qualification requirement has already met the standards specified, the relevant information noted below should be provided.
Offeror's Name
Manufacturer's Name Source's Name Item Name Service Identification Test Number (to the extent known)
(d) Even though a product or service subject to a qualification requirement is not in itself an end item under this contract, the product, manufacturer, or source must nevertheless be qualified at the time of award of this contract.
This is necessary whether the Contractor or a subcontractor will ultimately provide the product or service in question. If, after award, the Contracting Officer discovers that an applicable qualification requirement was not in fact met at the time of award, the Contracting Officer may either terminate the contract for default or allow performance to continue if adequate consideration is offered and the action is determined to be otherwise in the Government's best interests.
(e) If an offeror, manufacturer, source, product, or service has met the qualification requirement but is not yet on a qualified products list, qualified manufacturers list, or qualified bidders list, the offeror must submit evidence of qualification prior to award of this contract. Unless determined to be in the Government's interests, award of this contract shall not be delayed to permit an offeror to submit evidence of qualification.
(f) Any change in location or ownership of the plant where a previously qualified product or service was manufactured or performed requires reevaluation of the qualification. Similarly, any change in location or ownership of a previously qualified manufacturer or source requires reevaluation of the qualification. The reevaluation must be accomplished before the date of award.
(End of clause)
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $15,000.00, 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 $3,000,000.00;
(2) Any order for a combination of items in excess of $3,000,000.00; or
(3) A series of orders from the same ordering office within 90 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 7 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 5 January 2024.
52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS
CONCERNS (OCT 2014)
(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).
(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--
(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and
(ii) Otherwise successful offers from small business concerns.
(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.
(3) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.
(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs
(d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.
___ Offeror elects to waive the evaluation preference.
(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for
(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;
(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;
(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;
(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;
(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or
(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;
(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;
(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.
(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.
(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.
(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.
(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.
(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2013-O0014) (OCT 2015)
(a) This clause does not apply to small business concerns.
(b) Definitions. As used in this clause-- “Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).
“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.
“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).
“Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.
“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).
“Individual contract plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.
“Master plan” means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.
“Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.
(c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business concerns, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business concerns, small disadvantaged business, and with women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract.
(d) The offeror’s subcontracting plan shall include the following:
(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. The offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626:
(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe.
(ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.
(A) In most cases,…
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