Solicitation_-_FA702219RA002.pdf
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- METEOROLOGICAL MODELING AND SUBJECT MATTER EXPERT SERVICES (MMAS) Federal contract opportunity
- Solicitation number
- FA702219RA002
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SOLICITATION, OFFER AND AWARD 1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 7900)
RATING PAGE OF PAGES
2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER
CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time
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 B. TELEPHONE (NO COLLECT CALLS)
AREA CODE NUMBER EXTENSION
C. E-MAIL ADDRESS
11. TABLE OF CONTENTS
(X) SEC. DESCRIPTION PAGE(S) (X) SEC. PAGE(S)DESCRIPTION
A B C D E F G H
I
J
K
L
M EVALUATION FACTORS FOR AWARD
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
PART IV - REPRESENTATIONS AND INSTRUCTIONS
LIST OF ATTACHMENTS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.
CONTRACT CLAUSESSOLICITATION/CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/COSTS
DESCRIPTION/SPECS./WORK STATEMENT
PACKAGING AND MARKING
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
CONTRACT ADMINISTRATION DATA
SPECIAL CONTRACT REQUIREMENTS
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
OFFER (Must be fully completed by offeror)
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different 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 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 to the SOLICITATION for offerors and related documents numbered and dated):
10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS(%)
DATEAMENDMENT NO.AMENDMENT NO. DATE
15A. NAME AND
ADDRESS
OF OFFER-
OR
CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print)
15B. TELEPHONE NUMBER
AREA CODE NUMBER EXTENSION
15C. CHECK IF REMITTANCE ADDRESS IS
DIFFERENT FROM ABOVE - ENTER SUCH
ADDRESS IN SCHEDULE.
17. SIGNATURE 18. OFFER DATE
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 OPEN COMPETITION:
10 U.S.C. 2304 (c) ( )41 U.S.C. 3304(a)
24. ADMINISTERED BY (If other than Item 7)
26. NAME OF CONTRACTING OFFICER (Type or print)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
25. PAYMENT WILL BE MADE BY
27. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
28. AWARD DATE
CODE
ITEM
STANDARD FORM 33 (REV. 6/2014)
Prescribed by GSA - FAR (48 CFR) 53.214 (c)
SEALED BID (IFB)
NEGOTIATED (RFP)
(Hour) (Date)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
FA702219RA002
Section A - Solicitation/Contract Form
Section B - Supplies or Services and Prices/Cost
Additional Information/Notes The minimum guarantee of this contract is $2,500. The minimum dollar limitation for an individual task order must exceed the Simplified Acquisition Threshold for services as defined in FAR Subpart 2.101, as amended.
The maximum dollar ceiling for this contract, inclusive of all awarded task orders, is $4,500,000.00.
Item Supplies/Service Quantity Unit Unit Price Amount
0001 OPERATIONS AND MAINTENANCE
(O&M) LABOR The contractor shall provide all personnel, supervision, and other technical services, including subcontract support, to perform non-personal O&M support in accordance with the Performance work statement of the basic contract and issued task orders. Funding will be provided at the task order-level. Task order periods of performance will be stipulated in each issued task order.
Product Service Code: AR91 Cost Plus Fixed Fee
1.0 Lot
0002 OPERATIONS AND MAINTENANCE
(O&M) LABOR The contractor shall provide all personnel, supervision, and other technical services, including subcontract support, to perform non-personal O&M support in accordance with the Performance work statement of the basic contract and issued task orders. Funding will be provided at the task order-level. Task order periods of performance will be stipulated in each issued task order.
Product Service Code: AR91 Firm Fixed Price
1.0 Lot
0003 RESEARCH AND DEVELOPMENT
(R&D) LABOR The contractor shall provide all personnel, supervision, and other technical services, including subcontract support, to perform non-personal R&D support in accordance with the Performance work statement of the basic contract and issued task orders. Funding will be provided at the task order-level. Task order periods of performance will be stipulated in each issued task order.
Product Service Code: AR91 Cost Plus Fixed Fee
1.0 Lot
0004 RESEARCH AND DEVELOPMENT
(R&D) LABOR The contractor shall provide all personnel, supervision, and other technical services, including subcontract support, to perform non-personal R&D support in accordance with the Performance work statement of the basic contract and issued task orders. Funding will be provided at the task order-level. Task order periods of
1.0 Lot
performance will be stipulated in each issued task order.
Product Service Code: AR91 Firm Fixed Price
0005 OTHER DIRECT COSTS AND TRAVEL
The contractor shall procure items and perform travel necessary for the successful performance of task orders on a cost reimbursable, no-fee basis.
Travel shall be in accordance with the basic and task order Performance Work Statements and FAR 31.205-46.
Product Service Code: AR91 Cost No Fee
1.0 Lot
0006 DATA DELIVERABLES The contractor shall provide all work products and services in accordance with the DD Form 1423, Contract Data Requirements List (CDRL). The cost/ price of this CLIN is to be included in the applicable LABOR CLINs of each issued task order.
Product Service Code: AR91 Firm Fixed Price
1.0 Lot
Section C - Description/Specifications/Statement of Work
SEE RFP ATTACHMENT 1
Requirements This Indefinite Delivery/Indefinite Quantity (IDIQ) contract will provide subject matter expertise, atmospheric science, modeling, and the development of technical capabilities with emphasis in the following areas: (a) Weather Research and Forecast (WRF) model for meteorological prediction and atmospheric event reconstructions; (b) atmospheric transport and dispersion (T&D) with emphasis on weapons of mass destruction (WMD); (c) urban environment T&D; (d) development and implementation of airborne material source term estimation (STE) methodologies for WMD defense applications; (e) Space Weather modeling; and (f) operational software development.
Task orders awarded on this IDIQ contract may be CPFF, FFP, or contain both CPFF and FFP CLINs.
Section D - 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). (Exhibits A and B)
(b) Items designated by the AFTAC Project Officer 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 AFTAC Project Officer, the Contractor may use air express or air freight services to expedite the shipment of the item.
Section E - Inspection and Acceptance
E-1. 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 a Contracting Officer's Representative
(COR).
(b) Inspection of the services performed under this contract shall be accomplished by COR(s), AFTAC/SDBC, Patrick AFB, FL 32925. Acceptance of the services performed under this contract shall be accomplished by the Project Officer, AFTAC/ SDBC, 10989 South Patrick Drive, Patrick AFB, FL, 32925-3002.
E-2. DATA APPROVAL
Unless specific time limits are identified in the relevant CDRL item, data item description or PWS 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-3. CONTRACTING OFFICER'S REPRESENTATIVE (COR)
(a) Appointed Contracting Officer's Representative (CORs), from the functional area receiving the contract services, will participate in the administration of this contract specifically to evaluate Contractor performance, inspect the services for the Government, and provide 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.
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.246-4 Inspection of Services-Fixed-Price. 1996-08 52.246-5 Inspection of Services-Cost-Reimbursement. 1984-04 52.246-9 Inspection of Research and Development (Short Form). 1984-04 52.246-16 Responsibility for Supplies. 1984-04
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. 2012-04 0001 Inspection and Acceptance Location
Both Destination Instructions: See Section E.
DoDAAC: F3KTK7 Cage:
DunsNumber:
Duns4Number:
CountryCode:
OfficeCode:
Dr. R. Albo Telephone: 321-494-9898 Email:
0002 Inspection and Acceptance Location
Both Destination Instructions: See Section E.
DoDAAC: F3KTK7 Cage:
DunsNumber:
Duns4Number:
CountryCode:
OfficeCode:
Dr. R. Albo Telephone: 321-494-9898 Email:
0003 Inspection and Acceptance Location
Both Destination Instructions: See Section E.
DoDAAC: F3KTK7 Cage:
DunsNumber:
Duns4Number:
CountryCode:
OfficeCode:
Dr. R. Albo Telephone: 321-494-9898 Email:
0004 Inspection and Acceptance Location
Both Destination Instructions: See Section E.
DoDAAC: F3KTK7 Cage:
DunsNumber:
Duns4Number:
CountryCode:
OfficeCode:
Dr. R. Albo Telephone: 321-494-9898 Email:
0005 Inspection and Acceptance Location
Both Destination Instructions: See Section E.
DoDAAC: F3KTK7 Cage:
DunsNumber:
Duns4Number:
CountryCode:
OfficeCode:
Dr. R. Albo Telephone: 321-494-9898 Email:
0006 Inspection and Acceptance Location
Both Destination Instructions: See Section E.
DoDAAC: F3KTK7 Cage:
DunsNumber:
Duns4Number:
CountryCode:
OfficeCode:
Dr. R. Albo Telephone: 321-494-9898 Email:
Section F - Deliveries or Performance
Contractor Destination
0001 Delivery Schedule Ship To Address
Delivery Period
14 AUG 2019
13 AUG 2024
1.0 Lot
Service Performance Site
DoDAAC: F3KTK7 Cage:
DunsNumber:
Duns4Number:
CountryCode:
OfficeCode:
Dr. R. Albo Telephone: 321-494-9898 Email:
0002 Delivery Schedule Ship To Address
Delivery Period
14 AUG 2019
13 AUG 2024
1.0 Lot
Service Performance Site
DoDAAC: F3KTK7 Cage:
DunsNumber:
Duns4Number:
CountryCode:
OfficeCode:
Dr. R. Albo Telephone: 321-494-9898 Email:
0003 Delivery Schedule Ship To Address
Delivery Period
14 AUG 2019
13 AUG 2024
1.0 Lot
Service Performance Site
DoDAAC: F3KTK7 Cage:
DunsNumber:
Duns4Number:
CountryCode:
OfficeCode:
Dr. R. Albo Email:
Telephone: 321-494-9898
0004 Delivery Schedule Ship To Address
Delivery Period Service Performance Site
14 AUG 2019
13 AUG 2024
1.0 Lot
DoDAAC: F3KTK7 Cage:
DunsNumber:
Duns4Number:
CountryCode:
OfficeCode:
Dr. R. Albo Telephone: 321-494-9898 Email:
0005 Delivery Schedule Ship To Address
Delivery Period
14 AUG 2019
13 AUG 2024
1.0 Lot
Service Performance Site
DoDAAC: F3KTK7 Cage:
DunsNumber:
Duns4Number:
CountryCode:
OfficeCode:
Dr. R. Albo Telephone: 321-494-9898 Email:
0006 Delivery Schedule Ship To Address
Delivery Period
14 AUG 2019
13 AUG 2024
1.0 Lot
Ship To
DoDAAC: F3KTK7 Cage:
DunsNumber:
Duns4Number:
CountryCode:
OfficeCode:
Dr. R. Albo Telephone: 321-494-9898 Email:
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.242-15 Stop-Work Order. 1989-08 52.247-34 F.o.b. Destination. 1991-11
Section G - Contract Administration Data
Payment instructions.
See table at: https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.204-7006 Billing Instructions. 2005-10 252.231-7000 Supplemental Cost Principles 1991-12 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2012-06
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. 2013-05 As prescribed in 232.7004(b), use the following clause: WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization. Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall- (1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the Web Based Training link on the WAWF home page at https://wawf.eb.mil/
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). _2-IN-1___ (Contracting Officer: Insert applicable document type(s). Note: If a Combo document type is identified but not supportable by the Contractors business systems, an Invoice (stand-alone) and Receiving Report (stand-alone) document type may be used instead.) (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. _Government F3KTK7___ (Contracting Officer: Insert inspection and acceptance locations or Not applicable.) (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* | Field Name in WAWF || Data to be entered in WAWF || Pay Official DoDAAC || _HQ0338___ || Issue By DoDAAC || _FA7022___ || Admin DoDAAC || _FA7022___ || Inspect By DoDAAC || ____ || Ship To Code || ____ || Ship From Code || ____ || Mark For Code || ____ || Service Approver (DoDAAC) || _F3KTK7___ || Service Acceptor (DoDAAC) || _F3KTK7___ || Accept at Other DoDAAC || ____ || LPO DoDAAC || ____ || DCAA Auditor DoDAAC || ____ || Other DoDAAC(s) || ____ | (*Contracting Officer: Insert applicable DoDAAC information or See schedule if multiple ship to/acceptance locations apply, or Not applicable.) (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the Send Additional Email Notifications field of WAWF once a document is submitted in the system. ____ ____ (Contracting Officer: Insert applicable email addresses or Not applicable.) (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activitys WAWF point of contact. ____ (Contracting Officer: Insert applicable information or Not applicable.) (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause)
Section H - Special Contract Requirements
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Air Force Technical Applications Center via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/
Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk at:
http://www.ecmra.mil/
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.202-1 Definitions. 2013-11 52.203-5 Covenant Against Contingent Fees. 2014-05 52.203-6 Restrictions on Subcontractor Sales to the Government. 2006-09 52.203-7 Anti-Kickback Procedures. 2014-05 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper
Activity.
2014-05
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. 2014-05 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. 2010-10 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform
Employees of Whistleblower Rights.
2014-04
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
2017-01
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
2017-01
52.204-2 Security Requirements. 1996-08 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.2011-05 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. 2016-10 52.204-13 System for Award Management Maintenance. 2016-10 52.204-18 Commercial and Government Entity Code Maintenance. 2016-07 52.204-19 Incorporation by Reference of Representations and Certifications. 2014-12 52.204-22 Alternative Line Item Proposal. 2017-01 52.209-6 Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment.
2015-10
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters.
2013-07
52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. 2015-11 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law.
2016-02
52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 52.215-8 Order of Precedence-Uniform Contract Format. 1997-10 52.215-19 Notification of Ownership Changes. 1997-10 52.215-19 Notification of Ownership Changes. 1997-10 52.216-8 Fixed Fee. 2011-06 52.216-8 Fixed Fee. 2011-06 52.219-6 Notice of Total Small Business Set-Aside. 2011-11 52.219-8 Utilization of Small Business Concerns. 2016-11 52.219-13 Notice of Set-Aside of Orders. 2011-11 52.219-14 Limitations on Subcontracting. 2017-01 52.222-3 Convict Labor. 2003-06 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-37 Employment Reports on Veterans. 2016-02 52.222-54 Employment Eligibility Verification. 2015-10 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.227-14 Rights in Data-General. 2014-05 52.227-19 Commercial Computer Software License. 2007-12 52.232-17 Interest. 2014-05 52.232-23 Assignment of Claims. 2014-05 52.232-33 Payment by Electronic Funds Transfer-System for Award Management.2013-07 52.232-39 Unenforceability of Unauthorized Obligations. 2013-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.233-1 Disputes. 2014-05 52.233-3 Protest after Award. 1996-08 52.233-3 Alternate I Protest after Award. 1985-06 52.233-4 Applicable Law for Breach of Contract Claim. 2004-10
52.242-1 Notice of Intent to Disallow Costs. 1984-04 52.242-3 Penalties for Unallowable Costs. 2014-05 52.242-13 Bankruptcy. 1995-07 52.243-1 Changes-Fixed-Price. 1987-08 52.243-1 Alternate III Changes-Fixed-Price. 1984-04 52.243-2 Changes-Cost-Reimbursement. 1987-08 52.243-2 Alternate V Changes-Cost-Reimbursement. 1984-04 52.244-6 Subcontracts for Commercial Items. 2018-08 52.245-1 Government Property. 2017-01 52.245-9 Use and Charges. 2012-04 52.246-25 Limitation of Liability-Services. 1997-02 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-6 Termination (Cost-Reimbursement). 2004-05 52.249-9 Default (Fixed-Price Research and Development). 1984-04
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-
Related Felonies.
2008-12
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7000 Disclosure of Information. 2016-10 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7005 Oral Attestation of Security Responsibilities. 2001-11 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported
Cyber Incident Information.
2016-10
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
2016-10
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12 252.209-7004 Subcontracting with Firms that are Owned or Controlled by the
Government of a Country that is a State Sponsor of Terrorism.
2015-10
252.211-7007 Reporting of Government-Furnished Property. 2012-08 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.223-7004 Drug-Free Work Force. 1988-09 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7016 Restriction on Acquisition of Ball and Roller Bearings. 2011-06 252.225-7048 Export-Controlled Items. 2013-06 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic
Enterprises, and Native Hawaiian Small Business Concerns.
2004-09
252.227-7015 Technical Data--Commercial Items. 2014-02 252.227-7037 Validation of Restrictive Markings on Technical Data. 2016-09 252.232-7010 Levies on Contract Payments. 2006-12 252.235-7011 Final Scientific or Technical Report. 2015-01 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.239-7001 Information Assurance Contractor Training and Certification. 2008-01 252.239-7010 Cloud Computing Services. 2016-10 252.242-7006 Accounting System Administration. 2012-02 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06 252.244-7001 Contractor Purchasing System Administration. 2014-05 252.245-7002 Reporting Loss of Government Property. 2017-12 252.245-7003 Contractor Property Management System Administration. 2012-04 252.246-7000 Material Inspection and Receiving Report 2008-03 252.246-7000 Material Inspection and Receiving Report 2008-03 252.247-7024 Notification of Transportation of Supplies by Sea. 2000-03 252.247-7024 Notification of Transportation of Supplies by Sea. 2000-03
FAR Clauses Incorporated by Full Text
52.215-21 Alternate IV Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. 2010-10 As prescribed in 15.408(m), insert the following clause: Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications (Oct 2010) (a) Exceptions from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data for modifications under this contract, for price adjustments expected to exceed the threshold set forth at FAR 15.403-4 on the date of the agreement on price or the date of the award, whichever is later, the Contractor may submit a written request for exception by submitting the information described in the following paragraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable- (i) Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless it was previously submitted to the contracting office. (ii) Information on modifications of contracts or subcontracts for commercial items. (A) If- (1) The original contract or subcontract was granted an exception from certified cost or pricing data requirements because the price agreed upon was based on adequate price competition or prices set by law or regulation, or was a contract or subcontract for the acquisition of a commercial item; and (2) The modification (to the contract or subcontract) is not exempted based on one of these exceptions, then the Contractor may provide information to establish that the modification would not change the contract or subcontract from a contract or subcontract for the acquisition of a commercial item to a contract or subcontract for the acquisition of an item other than a commercial item. (B) For a commercial item exception, the Contractor shall provide, at a minimum, information on prices at which the same item or similar items have previously been sold that is adequate for evaluating the reasonableness of the price of the modification. Such information may include- (1) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted. Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities. (2) For market-priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts. In addition, describe the nature of the market. (3) For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item. (2) The Contractor grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Contractor's determination of the prices to be offered in the catalog or marketplace. (b) Requirements for certified cost or pricing data. If the Contractor is not granted an exception from the requirement to submit certified cost or pricing data, the following applies: (1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments in accordance with the instructions contained in Table 15-2 of FAR 15.408, which is incorporated by reference with the same force and effect as though it were inserted here in full text. The instructions in Table 15-2 are incorporated as a mandatory format to be used in this contract, unless the Contracting Officer and the Contractor agree to a different format and change this clause to use Alternate I. (2) As soon as practicable after agreement on price, but before award (except for unpriced actions), the Contractor shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406-2. As prescribed in 15.408(m), replace the text of the basic clause with the following: (a) Submission of certified cost or pricing data is not required. (b) Provide data described below: [Insert description of the data and the format that are required, including the access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.403-3.] 52.216-7 Allowable Cost and Payment. 2018-08 As prescribed in 16.307(a), insert the following clause: Allowable Cost and Payment (Aug 2018) (a) Invoicing. (1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) Subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract. (2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25. (3) The designated payment office will make interim payments for contract financing on the ____ [Contracting Officer insert day as prescribed by agency head;
if not prescribed, insert 30th] day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date. (b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of this clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term costs includes only- (i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract; (ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for- (A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made- (1) In accordance with the terms and conditions of a subcontract or invoice;
and (2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government; (B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract; (C) Direct labor; (D) Direct travel; (E) Other direct in-house costs; and (F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and (iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors. (2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless- (i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and (ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes). (3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause. (4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause. (c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks. (d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.
(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data. (ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.
(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official: (A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.
(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts). (C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool. (D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools. (E) Claimed allocation bases, by element of cost, used to distribute indirect costs. (F) Facilities capital cost of money factors computation. (G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost element. (H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts. (I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract. (J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information). (K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates. (L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution. (M) Listing of decisions/agreements/approvals and description of accounting/organizational changes. (N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).
(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close). (iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process: (A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data. (B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at https://www.whitehouse.gov/wp-content/ uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf and https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf. (C) Identification of prime contracts under which the contractor performs as a subcontractor. (D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the accounting system has not changed from the previous year's submission). (E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year's submission). (F) Certified financial statements and other financial data (e.g., trial balance, compilation, review, etc.). (G) Management letter from outside CPAs concerning any internal control weaknesses. (H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph (G) of this section. (I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government. (J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made. (K) Federal and State income tax returns. (L) Securities and Exchange Commission 10-K annual report. (M) Minutes from board of directors meetings. (N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year. (O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations. (v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost rates. (3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution. (4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause. (5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. The completion invoice or voucher shall include settled subcontract amounts and rates. The prime contractor is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher and providing status of subcontractor audits to the contracting officer upon request. (6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may- (A) Determine the amounts due to the Contractor under the contract; and (B) Record this determination in a unilateral modification to the contract.
(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause.
(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates- (1) Shall be the anticipated final rates; and
(2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment. (f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied. (g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be- (1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs; or (2) Adjusted for prior overpayments or underpayments. (h) Final payment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(5) of this clause, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid. (2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver- (i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and (ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except- (A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known; (B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract;
provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and (C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.
52.216-19 Order Limitations. 1995-10 As prescribed in 16.506(b), insert a clause substantially the same as follows: Order Limitations (Oct 1995) (a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than __$2,500__ [insert dollar figure or quantity], 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 __$1,500,000__ [insert dollar figure or quantity]; (2) Any order for a combination of items in excess of __$2,000,000__ [insert dollar figure or quantity]; or (3) A series of orders from the same ordering office within __15__ days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section. (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) of this section. (d) Notwithstanding paragraphs (b) and (c) of this section, 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 __3 calendar__ days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. (End of clause)
52.216-22 Indefinite Quantity. 1995-10 As prescribed in 16.506(e), insert the following clause: 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 __8/13/2026__ [insert date]. (End of clause)
52.219-28 Post-Award Small Business Program Rerepresentation. 2013-07 As prescribed in 19.309(c), insert the following clause: Post-Award Small Business Program Rerepresentation (Jul 2013) (a) Definitions.
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