Conformed Solicitation Through Amendment - FA702224R0004 0002.pdf
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- Air Force Technical Applications Center Nuclear Data Evaluation Services (NDES) IV Federal contract opportunity
- Solicitation number
- FA702224R0004
About this file
This document is a Conformed Solicitation for the Air Force Technical Applications Center Nuclear Data Evaluation Services (NDES) IV contract. The solicitation is for the maintenance, sustainment, enhancement, and system integration services for hardware and software systems related to the 21 SURS/SUD and 24 ANS/ANN. It includes firm fixed price contract line items for operations and maintenance (O&M) services, as well as cost-plus-fixed-fee contract line items for research and development (R&D) services. The period of performance is from October 1, 2024 to September 30, 2029. The solicitation indicates that the contract is a rated order under the Defense Priorities and Allocations System. Evaluation factors include the Performance Work Statement dated April 16, 2024. The government will make payments to the contractor for allowable costs in accordance with FAR Subpart 31.2.
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Text version
SECTION
15A. NAME AND
ADDRESS
OF OFFEROR
SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.
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 Number 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. EMAIL ADDRESS
11. TABLE OF CONTENTS
(X) DESCRIPTION PAGE(S) (X) SECTION 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 ATTACHMENTS
CONTRACT CLAUSESSOLICITATION/CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/COSTS
DESCRIPTION/SPECIFICATIONS/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 Number 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 NUMBERAMENDMENT NUMBER DATE
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 UNDER THE
UNITED STATES CODE AT:
10 U.S.C. 3204(a) ( )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. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.214 (c)
SEALED BID (IFB) INVITATION FOR BID
NEGOTIATED (RFP) REQUEST FOR
PROPOSAL
(Hour) (Date)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
Section A - Solicitation/Contract Form
Nuclear Data Evaluation Services (NDES) IV
Product Service Code: DA01
FA702224R00040002
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Estimated Quantity
Unit Unit Price Amount
The Contractor shall maintain, sustain, enhance, and provide system integration services for the hardware and software systems for 21 SURS/SUD, IAW PWS dated 16 Apr 2024.
(O&M)
Product Service Code: DA01 Pricing Arrangement: Firm Fixed Price
1 Job
The Contractor shall maintain, sustain, enhance, and provide system integration services for the hardware and software systems for 24 ANS/ANN, IAW PWS dated 16 Apr 2024.
(O&M)
Product Service Code: DA01 Pricing Arrangement: Firm Fixed Price
1 Job
The contractor shall provide Research & Development (R&D) services for existing or new IT systems for the 21 SURS/SUD, IAW PWS dated 16 Apr 2024.
Product Service Code: DA01 Pricing Arrangement: Cost Plus Fixed Fee
1 Job
The contractor shall provide Research & Development (R&D) services for existing or new IT systems for the 24 ANS/ANN, IAW PWS dated 16 Apr 2024.
Product Service Code: DA01 Pricing Arrangement: Cost Plus Fixed Fee
1 Job
21 SURS/SUD Travel and Other Direct Costs (ODC), O&M & R&D
Product Service Code: DA01 Pricing Arrangement: Cost No Fee
1 Job
24 ANS/ANN Travel ODC, O&M & R&D
Product Service Code: DA01 Pricing Arrangement: Cost No Fee
1 Job
Data Deliverables for CLINS 0001 to
Product Service Code: DA01 Pricing Arrangement: Firm Fixed Price
1 Job
Section C - Description/Specifications/Statement of Work
Requirements The 24th Analysis Squadron Nuclear Sciences Flight (24ANN), part of the Air Force Technical Application Center (AFTAC) 709th Surveillance and Analysis Group (709SAG), contracts with multiple laboratories to perform analysis of samples and uses the results to create reports. During previous contracts, most recently Nuclear Data Evaluation Services, NDES, a suite of software and hardware systems were developed to manage sample logistics and analytical information. The systems developed under previous NDES contract include the Trackman application, Data Acquisition System Lab Extraction (DASSLE), and Workflow. These items are described in more detail below as part of the overall 24ANN process.
The overall process begins when 24ANN receives a sample and creates a new project in the database using the Trackman tool. As 24ANN processes the sample they use Trackman as a virtual lab notebook and load basic sample processing information into the 24ANN database through Trackman. After samples are processed by AFTAC, they are sent to a network of contracted labs where samples are processed through multiple analytical techniques. The labs then load this information in the Data Acquisition System Lab Extraction (DASSLE) system. DASSLE transfers the data through a series of steps to a server at AFTAC where the information is stored on the 24ANN database. This database can be accessed by Workflow and Trackman for displaying and visualizing data. Evaluators use tools in both these programs to visualize data and write reports. Once a report is written and approved, the report is loaded into Trackman and the project is closed. The report and information associated with the report is part of a library which is searchable using Workflow and other tools. The report and other documents associated with the project are stored on shared drives managed by AFTAC.
Section D - Packaging and Marking
Section E - Inspection and Acceptance
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.246-4 Inspection of Services-Fixed-Price. Aug 1996 52.246-8 Inspection of Research and Development-Cost-Reimbursement. May 2001 52.246-9 Inspection of Research and Development (Short Form). Apr 1984
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: F3KTK8 CountryCode: USA
F3KTK8 USAF SDA
AF NO MILSBILLS PROC CP 321494102, 1020 SOUTH PATRICK DRIVE
PATRICK AFB, FL 32925-3516
UNITED STATES
David Kellam Telephone: 321-494-4905
Inspection and Acceptance Location
Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: F3KTK8 CountryCode: USA
F3KTK8 USAF SDA
AF NO MILSBILLS PROC CP 321494102, 1020 SOUTH PATRICK DRIVE
PATRICK AFB, FL 32925-3516
UNITED STATES
David Kellam Email: david.kellam.2@us.af.mil Telephone: 321-494-4905
Inspection and Acceptance Location
Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: F3KTK8 CountryCode: USA
F3KTK8 USAF SDA
AF NO MILSBILLS PROC CP 321494102, 1020 SOUTH PATRICK DRIVE
PATRICK AFB, FL 32925-3516
UNITED STATES
David Kellam Email: david.kellam.2@us.af.mil Telephone: 321-494-4905
Inspection and Acceptance Location
Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: F3KTK8 CountryCode: USA
F3KTK8 USAF SDA
AF NO MILSBILLS PROC CP 321494102, 1020 SOUTH PATRICK DRIVE
PATRICK AFB, FL 32925-3516
UNITED STATES
David Kellam Email: david.kellam.2@us.af.mil Telephone: 321-494-4905
Inspection and Acceptance Location
Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: F3KTK8 CountryCode: USA
F3KTK8 USAF SDA
AF NO MILSBILLS PROC CP 321494102, 1020 SOUTH PATRICK DRIVE
PATRICK AFB, FL 32925-3516
UNITED STATES
David Kellam Email: david.kellam.2@us.af.mil Telephone: 321-494-4905
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: F3KTK8 CountryCode: USA
F3KTK8 USAF SDA
AF NO MILSBILLS PROC CP 321494102, 1020 SOUTH PATRICK DRIVE
PATRICK AFB, FL 32925-3516
UNITED STATES
David Kellam Email: david.kellam.2@us.af.mil Telephone: 321-494-4905
Inspection and Acceptance Location
Both Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: F3KTK8 CountryCode: USA
F3KTK8 USAF SDA
AF NO MILSBILLS PROC CP 321494102, 1020 SOUTH PATRICK DRIVE
PATRICK AFB, FL 32925-3516
UNITED STATES
David Kellam Email: david.kellam.2@us.af.mil Telephone: 321-494-4905
Section F - Deliveries or Performance
From 01 Oct 2024 to 30 Sep 2029
Contractor Destination
Line Item Delivery Schedule Estimated Quantity
Address and POC
Period of Performance From 01 Oct 2024 To 30 Sep 2029
1 Job
Period of Performance From 01 Oct 2024 To 30 Sep 2029
1 Job
Period of Performance From 01 Oct 2024 To 30 Sep 2029
1 Job
Period of Performance From 01 Oct 2024 To 30 Sep 2029
1 Job
Period of Performance From 01 Oct 2024 To 30 Sep 2029
1 Job
Period of Performance From 01 Oct 2024 To 30 Sep 2029
1 Job
Period of Performance From 01 Oct 2024 To 30 Sep 2029
1 Job
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.242-15 Stop-Work Order. Aug 1989 52.242-15 Stop-Work Order. (Alternate I) Aug 1989 Alternate I Apr 1984 52.247-34 F.o.b. Destination. Nov 1991
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions-Cost Vouchers May 2023 252.231-7000 Supplemental Cost Principles Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"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.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.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) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
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) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.
WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Invoice 2in1
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.
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
Issue By DoDAAC FA7022
Admin DoDAAC FA7022
Inspect By DoDAAC
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC)
Service Acceptor (DoDAAC)
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
david.kellam.2@us.af.mil; david.dike.2@us.af.mil; craig.cox@us.af.mil, ian.batchelor.1@us.af.mil
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
252.232-7007 Limitation of Government's Obligation. (Apr 2014)
As prescribed in 232.706-70, use the following clause:
LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)
(a) Contract line item(s) [Contracting Officer insert after negotiations] is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph
(a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract $ ____ (month) (day), (year) $ ____ (month) (day), (year) $ ____ (month) (day), (year) $ ____ (End of clause)
Section H - Special Contract Requirements
Section I - Contract Clauses
252.225-7966 ProhibitionRegarding Russian Fossil Fuel Business Operations--Representation
(Deviation 2024-O0006,Revision 1).
Use the followingprovision in solicitations that include the clause at 252.225-7967:
PROHIBITIONREGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS--REPRESENTATION (DEVIATION2024-
O0006, REVISION 1) (MAR 2024
(a) . The terms and have the meanings given in the 252.225-7967 clause of this solicitation.Definitions business operations fossil fuel company
(b) . By submission of an offer, the Offeror represents it is not, or that it does not knowingly have fossil fuel business operations withRepresentation an entity or individual that is, 50 percent or more owned, individually or collectively, by--
(1) An authority of the government of the Russian Federation; or
(2) A fossil fuel company that operates in the Russian Federation, except if the fossil fuel company transports oil or gas--
(i) Through the Russian Federation for sale outside of the Russian Federation; and
(ii) That was extracted from a country other than the Russian Federation with respect to the energy sector of which the President has not imposed sanctions as of the date on which the contract is awarded.
(End of provision)
252.225-7967 Prohibition Regarding Russian Fossil Fuel Business Operations (Deviation 2024-O0006, Revision 1).
As prescribed in ClassDeviation 2024-O0006, Revision 1, use the following clause:
PROHIBITIONREGARDING RUSSIAN FOSSIL FUEL BUSINESS OPERATIONS (DEVIATION 2024-O0006,REVISION 1) (FEB 2024)
(a) . As used in this clause--Definitions
"Business operations" means knowingly engaging in commerce in any form, including acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other known apparatus of business or commerce. The term does not include--
(1) Any shipment subject to price caps as specified in the--
(i)"Statement of the G7 and Australia on a Price Cap for Seaborne Russian-Origin Crude Oil", issued on December 2, 2022, between member countries of that coalition; or
(ii)"Statement of the G7 and Australia on Price Caps for Seaborne Russian-Origin Petroleum Products Berlin, Brussels, Canberra, London, Ottawa, Paris, Rome, Tokyo, Washington", issued on February 4, 2023, between such members, if such shipment complies with the applicable price caps; or
(A) Actions taken for the benefit of the country of Ukraine, as determined by the Secretary; or
(B) Actions taken to support the suspension or termination of business operations for commercial activities during the period beginning on the effective date and ending on December 31, 2029, including--
(1) Any action to secure or divest from facilities, property, or equipment;
(2) The provision of products or services provided to reduce or eliminate operations in territory internationally recognized as the Russian Federation or to comply with sanctions relating to the Russian Federation; and;
(3) Activities that are incident to liquidating, dissolving, or winding down a subsidiary or legal entity in Russia.
Fossil fuel company means an entity or individual that--
(1) Carries out oil, gas, or coal exploration, development, or production activities;
(2) Processes or refines oil, gas, or coal; or
(3) Transports, or constructs facilities for the transportation of, Russian oil, gas, or coal.
(b) In accordance with section 804 of the National Defense Authorization Act for Fiscal Year 2024 (Pub. L. 118-31), the ContractorProhibition.
is prohibited from entering into a subcontract or other contractual instrument for the procurement of products or services with any entity or individual that is known to be, or that is known to have fossil fuel business operations with an entity or individual that is, not less than 50 percent owned, individually or collectively, by--
(1)An authority of the government of the Russian Federation; or
(2)A fossil fuel company that operates in the Russian Federation, except if thefossil fuel company transports oil or gas--
(i)Through the Russian Federation for sale outside of the Russian Federation; and
(ii)That was extracted from a country other than the Russian Federation with respect to the energy sector of which the President has not imposed sanctions as of the date on which the contract is awarded.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts and other contractualSubcontracts.
instruments, including those for the acquisition of commercial products or commercial services.
(Endof clause
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity.
May 2014
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements.
Jan 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.
Dec 2023
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
Nov 2021
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data. Aug 2011 52.215-12 Subcontractor Certified Cost or Pricing Data (DEVIATION 2022-O0001) Jun 2020 Deviation 2022-O0001 Oct 2021
Subcontractor Certified Cost or Pricing Data -- Modifications (Deviation 2022-
52.215-13 O0001) Jun 2020 Deviation 2022-O0001 Oct 2021 52.215-15 Pension Adjustments and Asset Reversions. Oct 2010
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other Than Pensions.
Jul 2005
52.215-19 Notification of Ownership Changes. Oct 1997
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications.
Nov 2021
52.215-23 Limitations on Pass-Through Charges. Jun 2020 52.215-23 Limitations on Pass-Through Charges. (Alternate I) Jun 2020 Alternate I Oct 2009 52.216-8 Fixed Fee. Jun 2011 52.216-11 Cost Contract-No Fee. Apr 1984 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Feb 2024 52.219-33 Nonmanufacturer Rule. Sep 2021 52.222-3 Convict Labor. Jun 2003 52.222-19 Child Labor-Cooperation with Authorities and Remedies. Feb 2024 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-35 Equal Opportunity for Veterans. Jun 2020 52.222-36 Equal Opportunity for Workers with Disabilities. Jun 2020 52.222-37 Employment Reports on Veterans. Jun 2020 52.222-41 Service Contract Labor Standards. Aug 2018
52.222-43 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts).
Aug 2018
52.222-44 Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment.
May 2014
52.222-50 Combating Trafficking in Persons. Nov 2021 52.222-54 Employment Eligibility Verification. May 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive Order 14026. Jan 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-6 Drug-Free Workplace. May 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.224-3 Privacy Training. Jan 2017 52.224-3 Privacy Training. (Alternate I) Jan 2017 Alternate I Jan 2017 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.227-14 Rights in Data-General. May 2014 52.227-16 Additional Data Requirements. Jun 1987 52.228-7 Insurance-Liability to Third Persons. Mar 1996 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-17 Interest. May 2014 52.232-18 Availability of Funds. Apr 1984 52.232-22 Limitation of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 52.232-25 Prompt Payment. (Alternate I) Jan 2017 Alternate I Feb 2002 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-3 Protest after Award. (Alternate I) Aug 1996 Alternate I Jun 1985 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.237-3 Continuity of Services. Jan 1991 52.242-1 Notice of Intent to Disallow Costs. Apr 1984 52.242-3 Penalties for Unallowable Costs. Dec 2022 52.242-13 Bankruptcy. Jul 1995 52.243-1 Changes-Fixed-Price. Aug 1987 52.243-1 Changes-Fixed-Price. (Alternate V) Aug 1987 Alternate V Apr 1984 52.243-1 Changes-Fixed-Price. (Alternate I) Aug 1987 Alternate I Apr 1984 52.243-2 Changes-Cost-Reimbursement. Aug 1987 52.243-2 Changes-Cost-Reimbursement. (Alternate V) Aug 1987 Alternate V Apr 1984 52.243-2 Changes-Cost-Reimbursement. (Alternate I) Aug 1987 Alternate I Apr 1984 52.244-5 Competition in Subcontracting. Dec 1996 52.244-6 Subcontracts for Commercial Products and Commercial Services. Feb 2024 52.245-1 Government Property. Sep 2021 52.245-1 Government Property. (Alternate I) Sep 2021 Alternate I Apr 2012 52.245-9 Use and Charges. Apr 2012 52.249-2 Termination for Convenience of the Government (Fixed-Price). Apr 2012 52.249-6 Termination (Cost-Reimbursement). May 2004 52.253-1 Computer Generated Forms. Jan 1991
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. Jan 2023 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
Jan 2023
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.204-7022 Expediting Contract Closeout. May 2021 252.205-7000 Provision of Information to Cooperative Agreement Holders. Jun 2023
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
May 2019
252.215-7002 Cost Estimating System Requirements. Dec 2012 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7004 Drug-Free Work Force. Sep 1988 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022
252.225-7004 Report of Intended Performance Outside the United States and Canada -Submission after Award.
Oct 2020
252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023
252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.
Jan 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Jan 2023
252.227-7013 Rights in Technical Data-Other Than Commercial Products and Commercial Services. Mar 2023 252.232-7010 Levies on Contract Payments. Dec 2006 252.235-7011 Final Scientific or Technical Report. Dec 2019 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.239-7010 Cloud Computing Services. Jan 2023 252.239-7018 Supply Chain Risk. Dec 2022 252.242-7006 Accounting System Administration. Feb 2012 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.244-7001 Contractor Purchasing System Administration. May 2014 252.245-7003 Contractor Property Management System Administration Apr 2012 252.245-7005 Management and Reporting of Government Property. Jan 2024 252.246-7008 Sources of Electronic Parts. Jan 2023
FAR Clauses Incorporated by Full Text
52.204-2 Security Requirements. (Mar 2021)
As prescribed in 4.404(a), insert the following clause:
Security Requirements (Mar 2021)
(a) This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."
(b) The Contractor shall comply with-
(1) The Security Agreement DD Form441), including the National Industrial Security Program Operating Manual (32 CFR part 117); and
(2) Any revisions to that manual, notice of which has been furnished to the Contractor.
(c) If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.
(d) The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.
(End of clause)
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. (Alternate I)
(Nov 2021) Alternate I (Oct 2010)
Alternate I (Oct 2010). As prescribed in 15.408 (m) and 15.403-5(b)(1), substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic clause.
(b)(1) The Contractor shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments prepared in the following format: Excel Spreadsheet or Alternative________[Insert description of the data and format that are required and include access to records necessary to permit an adequate evaluation of the proposed price in accordance with 15.408, Table 15-2, Note 2. The description may be inserted at the time of issuing the solicitation, or the Contracting Officer may specify that the offeror's format will be acceptable, or the description may be inserted as the result of negotiations.]:
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. (Alternate III)
(Nov 2021) Alternate III (Oct 1997)
Alternate III (Oct 1997). As prescribed in 15.408 (m), add the following paragraph (c) to the basic clause (if Alternate II is also used, redesignate the following paragraph as paragraph (d)):
(c) Submit the cost portion of the proposal via the following electronic media: Excel Spreadsheet or Alternative[Insert media format]
52.216-7 Allowable Cost and Payment. (Aug 2018)
As prescribed in , insert the following clause:16.307(a)
Allowable Cost and Payment (Aug 2018)
Invoicing.(a)
The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more (1) 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.
Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final (2) payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.
The designated payment office will make interim payments for contract financing on the [Contracting Officer insert day as prescribed by (3) 30th 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.
Reimbursing costs.(b)
For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of this clause, with respect to pension, deferred profit (1) sharing, and employee stock ownership plan contributions), the term "costs" includes only-
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 (i) items or services purchased directly for the contract;
When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not (ii) necessarily paid, for-
Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due (A) will be made-
In accordance with the terms and conditions of a subcontract or invoice; and(1)
Ordinarily within 30 days of the submission of the Contractors payment request to the Government;(2)
Materials issued from the Contractor's inventory and placed in the production process for use on the contract;(B)
Direct labor;(C)
Direct travel;(D)
Other direct in-house costs; and(E)
Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement (F) under Government contracts; and
The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.(iii)
Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless-(2)
The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and(i)
The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining (ii) unpaid shall be excluded from the Contractor's indirect costs for payment purposes).
Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract (3) shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.
Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing (4) 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.
. A small business concern may receive more frequent payments than every 2 weeks.(c) Small business concerns
Final indirect cost rates.(d)
Final annual indirect cost rates and the appropriate bases shall be established in accordance with subpart 42.7 of the Federal Acquisition (1) Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.
(2)
The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and (i) 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.
The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the (ii) Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.
An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:(iii)
Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.(A)
. Schedule of claimed expenses by element of cost as identified in accounting (B) General and Administrative expenses (final indirect cost pool) records (Chart of Accounts).
. Schedule of claimed expenses by element of cost as identified in accounting records (Chart of (C) Overhead expenses (final indirect cost pool) Accounts) for each final indirect cost pool.
. Schedule of claimed expenses by element of cost as identified in accounting records (Chart (D) Occupancy expenses (intermediate indirect cost pool) of Accounts) and expense reallocation to final indirect cost pools.
Claimed allocation bases, by element of cost, used to distribute indirect costs.(E)
Facilities capital cost of money factors computation.(F)
Reconciliation of books of account ( , General Ledger) and claimed direct costs by major cost element.(G) i.e.
Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government (H) participation percentages in each of the allocation base amounts.
Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.(I)
. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include (J) Subcontract information 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).
Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct (K) materials; other direct costs; and, indirect expense applied at claimed rates.
Reconciliation of total payroll per IRS form 941 to total labor costs distribution.(L)
Listing of decisions/agreements/approvals and description of accounting/organizational changes.(M)
Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).(N)
Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract (O) ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).
The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:(iv)
Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.(A)
General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional (B) 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.
Identification of prime contracts under which the contractor performs as a subcontractor.(C)
Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the (D) accounting system has not changed from the previous year's submission).
Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not (E) changed from the previous year's submission).
Certified financial statements and other financial data ( , trial balance, compilation, review, ).(F) e.g. etc.
Management letter from outside CPAs concerning any internal control weaknesses.(G)
Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph (G) of this (H) section.
List of all internal audit reports issued since the last disclosure of internal audit reports to the Government.(I)
Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made.(J)
Federal and State income tax returns.(K)
Securities and Exchange Commission 10-K annual report.(L)
Minutes from board of directors meetings.(M)
Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.(N)
Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: contract type, contract amount, product or (O) service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.
The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect (v) 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.
The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The (3) 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.
Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.(4)
Within 120 days (or longer period if approved in writing by…
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