FA702219RA007_issued_13Mar19.pdf

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

FA702219RA007

Section A - Solicitation/Contract Form

Section B - Supplies or Services and Prices/Cost

Additional Information/Notes Additional Information/Notes The minimum guarantee of this contract is $350,000.00. 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 $3,600,000.00.

Item Supplies/Service Quantity Unit Unit Price Amount

0001 OPERATION AND MAINTENANCE

(O&M) The Contractor shall provide the necessary labor, material, and technical services as required to accomplish technical support in accordance with the basic Performance Work Statement (PWS) dated 28 Jan 2019 and individual Task Order PWS. Funding will be provided by issuance of Task/Delivery Orders.

Product Service Code: D399 Firm Fixed Price

60.0 Months

0002 OTHER DIRECT COSTS (ODCs) The contractor shall perform travel, training, and other direct costs as required to support performance of CLIN 0001 on a cost reimbursable no-fee basis, in accordance with the requirements set forth in the Performance Work Statement and the Joint Travel Regulation guideline.

Product Service Code: D399 Cost No Fee

60.0 Months

0003 DATA AND REPORTS The contractor shall provide data and reports in accordance with the PWS and Exhibit "A", Contract Data Requirements List (CDRLs). NOTE: This CLIN will not be separately priced.

Product Service Code: D399 Firm Fixed Price

60.0 Months

0004 PHASE-IN The contractor shall perform phase-in operations as specified in the Performance Work Statement dated 28 Jan 19. (Note: This is a one-time charge for costs associated with phase-in operations.)

Product Service Code: D399 Firm Fixed Price

1.0 Lot

Section C - Description/Specifications/Statement of Work

Requirements This Indefinite Delivery/Indefinite Quantity (IDIQ) contract will provide hardware/software maintenance associated with 24th Analysis Squadron Nuclear Sciences Flight (24ANS/ANN) data management system. Services include assisting 24ANS/ANN in interfacing between existing tools/database and modernization efforts which may consist of different software tool applications. This is a follow-on to IDIQ contract FA7022-15-D-0002.

Task orders awarded on this IDIQ contract will be FFP.

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) (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

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 Program Manager, AFTAC/ SDBC, 1020 South Patrick Drive, Bldg. 10989, 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

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:

DoDAAC: F3KTK7 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

AFTAC TM

10989 SOUTH PATRICK DRIVE

AF BPN NO MILSBILLS PROCESSES

PATRICK AFB, FL 32925

United States

OfficeCode:

Rebecca Albo Telephone: 321-494-9898 Email:

0002 Inspection and Acceptance Location

Both Destination Instructions:

DoDAAC: F3KTK7 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

AFTAC TM

10989 SOUTH PATRICK DRIVE

AF BPN NO MILSBILLS PROCESSES

PATRICK AFB, FL 32925

United States

OfficeCode:

Rebecca Albo Telephone: 321-494-9898 Email:

0003 Inspection and Acceptance Location

Both Destination Instructions:

DoDAAC: F3KTK7 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

AFTAC TM

10989 SOUTH PATRICK DRIVE

AF BPN NO MILSBILLS PROCESSES

PATRICK AFB, FL 32925

United States

OfficeCode:

Rebecca Albo Telephone: 321-494-9898 Email:

0004 Inspection and Acceptance Location

Both Destination Instructions:

DoDAAC: F3KTK7 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

AFTAC TM

10989 SOUTH PATRICK DRIVE

AF BPN NO MILSBILLS PROCESSES

PATRICK AFB, FL 32925

United States

OfficeCode:

Rebecca Albo Telephone: 321-494-9898 Email:

Section F - Deliveries or Performance

Government Destination

0001 Delivery Schedule Ship To Address

Delivery Period

01 OCT 2019

30 SEP 2024

60.0 Months

Ship To

DoDAAC: F3KTK7 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

AFTAC TM

10989 SOUTH PATRICK DRIVE

AF BPN NO MILSBILLS PROCESSES

PATRICK AFB, FL 32925

United States

OfficeCode:

Rebecca Albo Telephone: 321-494-9898 Email:

Period of Performance From to

0002 Delivery Schedule Ship To Address

Delivery Period

01 OCT 2019

30 SEP 2024

60.0 Months

Ship To

DoDAAC: F3KTK7 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

AFTAC TM

10989 SOUTH PATRICK DRIVE

AF BPN NO MILSBILLS PROCESSES

PATRICK AFB, FL 32925

United States

OfficeCode:

Rebecca Albo Telephone: 321-494-9898 Email:

Period of Performance From to

0003 Delivery Schedule Ship To Address

Delivery Period

01 OCT 2019

Ship To

30 SEP 2024

60.0 Months

DoDAAC: F3KTK7 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

AFTAC TM

10989 SOUTH PATRICK DRIVE

AF BPN NO MILSBILLS PROCESSES

PATRICK AFB, FL 32925

United States

OfficeCode:

Rebecca Albo Telephone: 321-494-9898 Email:

Period of Performance From to

0004 Delivery Schedule Ship To Address

Delivery Period

01 OCT 2019

30 SEP 2024

1.0 Lot

Ship To

DoDAAC: F3KTK7 Cage:

DunsNumber:

Duns4Number:

CountryCode: USA

AFTAC TM

10989 SOUTH PATRICK DRIVE

AF BPN NO MILSBILLS PROCESSES

PATRICK AFB, FL 32925

United States

OfficeCode:

Rebecca Albo Telephone: 321-494-9898 Email:

Period of Performance From to

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.242-15 Stop-Work Order. 1989-08 52.242-15 Alternate I Stop-Work Order. 1984-04 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

252.204-7006 Billing Instructions.

As prescribed in 204.7109, use the following clause:

BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative 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 || __F3KTK7__ || Ship To Code || __N/A__ || Ship From Code || __N/A__ || Mark For Code || __N/A__ || Service Approver (DoDAAC) || __F3KTK7__ || Service Acceptor (DoDAAC) || __F3KTK7__ || Accept at Other DoDAAC || __N/ A__ || LPO DoDAAC || __N/A__ || DCAA Auditor DoDAAC || __N/A__ || 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. __N/A__ __N/A__ (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. __N/ A__ (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 below information is for informational purposes only and shall not be initiated by the contractor without written direction from the Contracting Officer.

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

52.232-18 Availability Of Funds APR 1984

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

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.2011-05 52.204-9 Personal Identity Verification of Contractor Personnel. 2011-01 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 52.219-6 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 52.222-17 Nondisplacement of Qualified Workers. 2014-05 52.222-21 Prohibition of Segregated Facilities. 2015-04 52.222-37 Employment Reports on Veterans. 2016-02 52.222-41 Service Contract Labor Standards. 2018-08 52.222-54 Employment Eligibility Verification. 2015-10 52.222-55 Minimum Wages Under Executive Order 13658. 2015-12 52.222-62 Paid Sick Leave Under Executive Order 13706. 2017-01 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. 2011-08 52.224-3 Privacy Training. 2017-01 52.225-13 Restrictions on Certain Foreign Purchases. 2008-06 52.228-11 Pledges of Assets. 2018-08 52.228-14 Irrevocable Letter of Credit. 2014-11 52.229-3 Federal, State, and Local Taxes. 2013-02 52.232-17 Interest. 2014-05 52.232-24 Prohibition of 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 I Changes-Fixed-Price. 1984-04 52.243-2 Changes-Cost-Reimbursement. 1987-08 52.243-2 Alternate I 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 52.247-1 Commercial Bill of Lading Notations. 2006-02 52.247-17 Charges. 1984-04 52.247-27 Contract Not Affected by Oral Agreement. 1984-04 52.249-2 Termination for Convenience of the Government (Fixed-Price). 2012-04 52.249-6 Termination (Cost-Reimbursement). 2004-05 52.249-8 Default (Fixed-Price Supply and Service). 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. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 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. 2017-12 252.225-7048 Export-Controlled Items. 2013-06 252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic

Enterprises, and Native Hawaiian Small Business Concerns.

2004-09

252.232-7010 Levies on Contract Payments. 2006-12 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.242-7005 Contractor Business Systems. 2012-02 252.242-7006 Accounting System Administration. 2012-02 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7001 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

FAR Clauses Incorporated by Full Text

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.

52.216-11 Cost Contract-No Fee. 1984-04 As prescribed in 16.307(e), insert the clause in solicitations and contracts when a cost-reimbursement contract is contemplated that provides no fee and is not a cost-sharing contract. This clause may be modified by substituting "$10,000" in lieu of "$100,000" as the maximum reserve in paragraph (b) if the Contractor is a nonprofit organization. Cost Contract-No Fee (Apr 1984) (a) The Government shall not pay the Contractor a fee for performing this contract. (b) After payment of 80 percent of the total estimated cost shown in the Schedule, the Contracting Officer may withhold further payment of allowable cost until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government's interest. This reserve shall not exceed one percent of the total estimated cost shown in the Schedule or $100,000, whichever is less.

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 __350000__ , 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 __50000__ ; (2) Any order for a combination of items in excess of __1000000__ ; 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 __expiration of last issued task order__ [insert date]. (End of clause)

52.217-8 Option to Extend Services. 1999-11 As prescribed in 17.208(f), insert a clause substantially the same as the following: Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract.

These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within __60 to 120 days prior to the end of the fifth year of the contract.__ [insert the period of time within which the Contracting Officer may exercise the option]. (End of clause)

52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. 2014-10 As prescribed in 19.1309(b), insert the following clause: 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.

52.219-28 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. As used in this clause- Long-term contract means a contract of more than five years in duration, including options.