FA810216R0002_Draft_RFP_Posted_to_FBO.pdf
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AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV.2/2012)
PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 J
1. REQUISITION NUMBER Page 1
5. SOLICITATION NUMBER
FA8102-16-R-0002
6. SOLICITATION ISSUE DATE
b. TELEPHONE NUMBER (No collect calls)
(405 ) 622 -7272 ext.
2. CONTRACT NO.
7. FOR SOLICITATION
INFORMATION CALL
3. AWARD/EFFECTIVE DATE
4. ORDER NUMBER
a. NAME
Rick Weber
8. OFFER DUE DATE/LOCAL
TIME
3DEC2015 15175PM
12. DISCOUNT TERMS11. DELIVERY FOR FOB DEST.
UNLESS BLOCK IS MARKED
SEE SCHEDULE
10. THIS ACQUISITION IS UNRESTRICTED SET ASIDE: 100 % FOR:
SMALL BUSINESS WOMEN-OWNED SMALL BUSINESS
HUBZONE SMALL (WOSB)ELIGIBLE UNDER THE WOMEN-OWNED
BUSINESS SAMLL BUSINESS PROGRAM
NAICS CODE:
SERVICE-DISABLED EDWOSB 517919
VERTERAN-OWNED SIZE STANDARD
SMALL BUSINESS 8 (A) $32.50 :
13a. THIS CONTRACT IS A
RATED ORDER
UNDER DPAS
(15 CFR 700)
13b. RATING
DO: A1 52.211-14, 52.211-15
14. METHOD OF SOLICITATION
RFQ IFB RFP
9. ISSUED BY CODE
DEPARTMENT OF THE AIR FORCE, AFLCMC HBSK
3001 STAFF DR STE 2AH 86A
TINKER AFB OK 73145-3303
BUYER: Rick Weber/LCMC/HBSK richard.weber.11@us.af.mil Phone: (405) 622- 7272 No Collect Calls
15. DELIVER TO CODE
SEE LINE ITEM SCHEDULE
16. ADMINISTERED BY CODE
17a. CONTRACTOR/OFFEROR FACILITY
CODE CODE
18a. PAYMENT WILL BE MADE BY CODE
(SEE ESP CLAUSE 252.232-7003.)
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
CHECKED. SEE ELECTRONIC SUBMISSION OF PAYMENT REQUESTS, CLAUSE 252.232-7003.
FA8102
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
Routine
THIS IS A TOTAL SMALL BUSINESS SET-ASIDE.
Subject to the terms and conditions stated herein, the Contractor agrees to hold its offered prices firm for 240 days.
THIS IS A DRAFT REQUEST FOR PROPOSAL (RFP) ONLY.
PLEASE PROVIDE COMMENTS AND QUESTIONS TO KRISTEN.CARTER@US.AF.MIL OR 622-7267.
Offeror agrees to hold the offered prices firm for 240 days from the date of the proposal.
Note to Offerors: The Government is under Continuing Resolution Authority. Funds are not presently available for this project. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse any offeror for any costs.
SEE LINE ITEM SCHEDULE
26. AWARD AMOUNT (For Gov’t use only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 2 COPIES TO ISSUING
OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED HEREIN.
29. AWARD OF CONTRACT: REF. OFFER DATED - - . YOUR OFFER ON
SOLICITATION (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
X X
X
X X
X
X
25. ACCOUNTING AND APPROPRIATION DATA SEE FUNDS SCHEDULE
X
SCD:B
EFT:T
Total
DRAFT
STANDARD FORM 1449 (REV. 2/2012) BACK
COMPUTER GENERATED 1/22/2016, 8:28 AM
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32b. SIGNATURE OF AUTHORIZED GOV’T REPRESENTATIVE
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
32c. DATE
41c. DATE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
PARTIAL FINAL
37. CHECK NUMBER36. PAYMENT
COMPLETE PARTIAL FINAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC’D (YY/MM/DD) 42d. TOTAL CONTAINERS
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
SEE LINE ITEM SCHEDULE
(Attach Additional Sheets as Necessary)
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
Request for Proposal FA8102-16-R-0002
SUPPLIES OR SERVICES AND PRICES/COSTS
ANTENNA PROGRAM SUPPORT (APS)
a) The purpose of this acquisition is to procure services for the High Frequency Global Communications System (HFGCS) antenna system. The program currently consists of more than 300 antennas at thirteen (13) stations worldwide. Those stations are located at Elmendorf; West Coast; Hawaii; Offutt; Andrews; Puerto Rico; Ascension; Croughton; Lajes;
Sigonella; Diego Gargia; Guam; and Yokota.
b) Clauses and provisions from the Federal Acquisition Regulation (FAR) and supplements thereto are incorporated in this document by reference and in full text. Those incorporated by reference have the same force and effect as if they were given in full text. Clauses and provisions in this document will be numbered in sequence, but will not necessarily appear in consecutive order.
c) Representations, Instructions, and Evaluations will be physically removed from any resultant award, but will be deemed to be incorporated by reference, in the award.
d) This acquisition is for an Indefinite Delivery/Indefinite Quantity (ID/IQ) contract as contemplated by FAR 16.504. The total scope of work for which orders may be issued is set forth in the attached Performance Work Statement. All requirements will be acquitted by issuance of Delivery Order/Task Orders (DO/TO). The maximum dollar amount the Government may order under this contract is $TBD; the minimum amount is $TBD.
e) Decentralized Ordering is not authorized by the Procuring Contracting Officer. The ordering period under this contract shall be from contract award through each exercised option period for up to seven (7) years plus one six (6) month option to extend services. Ordering is subject to the availability of funds.
f) LINE ITEM STRUCTURE The Government reserves the right to add Contract Line Item Numbers (CLINs) for additional efforts for work within scope of the contract. Sub-Contract Line Item Numbers (SubCLINs) may be established under CLINs to accommodate various effort(s) and or ACRNs, Accounting and Appropriation Data.
Note 1: All references to “X” in the CLIN represent sequential numbering of the year as follows:
0 = Base Period 1 = Option 1 2 = Option 2 3 = Option 3 4 = Option 4 5 = Option 5
6 = Option 6 7 = Extension of Services
Note 2: Clause 52.228-5 refers to the minimum amounts of insurance required in the Schedule. In accordance with FAR 28.306(b)(1), the minimum amounts of insurance required for work on a Government Installation is the coverage specified in FAR 28.307.
g) DELIVERIES OR ORDERING PERIOD The ordering period under this contract shall be from contract award (estimated between September 2016 and November 2016) through each exercised option period for up to 7 years plus 180 days for extension of services, if needed. Performance is subject to availability of funds.
Example performance period schedule if award is 30 Sep 2016. This schedule aligns to the pricing evaluation information located in the Price Matrix, Attachment 3.0, to Addendum to FAR 52.212-2 Instructions to Offerors.
Period Dates
Base Period 30 Sep 16 – 29 Sep 17 (not to exceed one year) Option I 30 Sep 17 – 29 Sep 18 (not to exceed one year) Option II 30 Sep 18 – 29 Sep 19 (not to exceed one year) Option III 30 Sep 19 – 29 Sep 20 (not to exceed one year) Option IV 30 Sep 20 – 29 Sep 21 (not to exceed one year) Option V 30 Sep 21 – 29 Sep 22 (not to exceed one year) Option VI 30 Sep 22 – 29 Sep 23 (not to exceed one year) Extension 30 Sep 23 – 27 Mar 24 (not to exceed 180 days)
NOTE: These dates may change depending upon date of award. Pricing information located in the Addendum to FAR 52.212-2 will need to cover the Base Period and all Options including the Extension of Services.
h) Prices are NOT to be provided in Schedule B. CLIN structure is presented for descriptive purposes only. Include prices for all CLINs on CLIN Price Matrix, Attachment 3.0, to Addendum to FAR 52.212-2 Instructions to Offerors.
i) PAYMENT INSTRUCTIONS: In accordance with DFARS 252.204-0001 Line Item Specific: Single Funding (SEP 2009) the payment office shall make payment using the ACRN funding of the litem item being billed.
THE CONTRACTOR SHALL FURNISH ALL SUPPLIES AND SERVICES NECESSARY TO PERFORM THE
FOLLOWING IN ACCORDANCE WITH TERMS AND CONDITIONS CONTAINED HEREIN:
PROGRAM SUPPORT
Item No.
X001
Firm Fixed Price Quantity U/I Unit Price Amount
12 MO
N058 Program Support The Contractor shall provide management support for contract level program management requiremets in accordance with Section 1.1.1 of the attached Performance Work Statement (PWS).
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection
PROGRAM ENGINEERING SUPPORT
Item No.
X002
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
N058 Program Engineering Support The Contractor shall conduct engineering support and logistics analysis addressing issues which impact High Frequency Global Communication System operations at any of the thirteen stations worldwide. A Price Matrix for each labor category that needs to be priced for this CLIN is identified in the Price Matrix. Period of Performance to be indicated on each individual order issued hereunder.
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection
INSTALLATION
Item No.
X003
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
N058 Installation This line item provides for the services that are required IAW Section 1.1.2 of the attached PWS.
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection
SITE SURVEY
Item No.
X003AA
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
N058 Site Survey This line item provides for the services that are required IAW paragraph 1.1.2.1 of the attached PWS.
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection
DESIGN
Item No.
X003AB
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
N058 Design This line item provides for the services that are required IAW Section 1.1.2 of the attached PWS.
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection
SITE PREPARATION
Item No.
X003AC
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
N058 Site Preparation This line item provides for the services that are required IAW Section 1.1.2 of the attached PWS.
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required
DEMOLITION
Item No.
X003AD
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
N058 Demolition This line item provides for the services that are required IAW Section 1.1.4 of the attached PWS.
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection
INSTALLATION
Item No.
X003AE
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
N058 Installation This line item provides for the services that are required IAW Section 1.1.2 of the attached PWS.
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection
POST INSTALLATION
Item No.
X003AF
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
N058 Post Installation This line item provides for the services that are required IAW the attached PWS.
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required
DEPOT LEVEL REPAIR
Item No.
X004
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
N058 Depot Level Repair The Contractor shall provide all servies, parts, equipment, labor and materials to perform depot level repair and maintenance, to include correction of system malfunctions, component reapir, and corrosion prevention and control in accordance with Section
1.1.3 of the attached PWS.
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection
DEMOLITION AND DISPOSAL
Item No.
X005
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
N058 Demolition and Disposal The Contractor shall provide all services, parts, equipment, labor, and materials to perform all demolition of the antenna system and subsystem in accordance with Section 1.1.4 of the attached PWS.
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection
ANTENNA AND ANTENNA SUBSYSTEM
Item No.
X006
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
N058 Antenna and Subsystem The Contractor shall provide all the materials and the purchase of the Commerical Off The Shelf (COTS) antenna system and subsystem in accordance with the attached PWS.
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required
TRAINING
Item No.
X007
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
N058 Training The Contractor shall provide all services and materials required for antenna system maintenance and familiarization to designated personnel in accordance with Section 1.1.7 of the attached PWS.
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection
DATA
Item No.
X008
Firm Fixed Price Quantity U/I Unit Price Amount 1 LO Not Separately Priced Not Separately Priced
N058
DATA
The Contactor shall maintain a complete technichal library necessary to support the HFGCS antennas and antenna subsystems to include maintenance manuals, and military technical manuals. The contractor shall submit the data in accordance with the requirements set forth on the DD Form 1423s, Exhibits A, B, C, D, E, and F of the attached PWS.
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: In accordance with DD Form 1423s.
TRAVEL
Item No.
X009
Firm Fixed Price Quantity U/I Unit Price Amount
1 LO
N058 Travel This CLIN is for travel (Transportation, Lodging, Meals, and Incidentals) IAW Section 3.4 of the attached PWS. The contractor shall include expeditious movement of personnel, parts and/or equipment, if necessary, to perform all the requirements outlined in the PWS to any of the HFGCS sites located worldwide. Payment shall be in accordance with FAR 31.205.46. The Contractor shall utilize the Joint Travel Regulations (JTR) as applicable or actual booking costs, whichever is less, when submitting proposed travel expenses. Travel expenses shall be proposed before travel starts without additions (additions are any overheads, subcontactor costs/add-ons, bulks, fees, or profit). Any additional proposed expenses added to travel shall be approved in advance by the PCO/ACO.
TRAVEL
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item Inspection
OVER AND ABOVE (O&A)
Item No.
X010
Firm Fixed Price Quantity U/I Unit Price Ceiling Price
1 LO
N058 Over and Above (O&A) The work called for under this CLIN shall be accomplished ONLY when authorized by the PCO/ACO prior to performance of the work in accordance with DFARS 252.217-7028. A Price Matrix for each labor category that needs to be priced for this CLIN is identified in the Price Matrix.
Inspection: Destination Acceptance: Destination Inspection/Acceptance Report: Receiving Report Required Quality Assurance: Commercial Item InspectionDRAFT
CONTRACT CLAUSES
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP 2011)
(IAW DFARS 203.171-4(a), DFARS 212.301(f)(ii))
252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2012)
(IAW DFARS 203.1004(a), DFARS 212.301(f)(iii))
252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS
(DEC 1991)
(IAW DFARS 205.470, DFARS 212.301(f)(x))
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (DEC 2013)
(IAW DFARS 211.274-6(a)(1), DFARS 212.301(f)(xii))
(a) Definitions. As used in this clause—
“DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid/equivalents.html .
“Unique item identifier type” means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html .
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government’s unit acquisition cost is $5,000 or more, except for the following line items:
Contract Line, Subline, or Exhibit Line Item Number
Item Description
See Schedule as Applicable
(ii) Items for which the Government’s unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:
Contract Line, Subline, or Exhibit Line Item Number
Item Description
*Items less than $5000, which require UID, will be specifically identified in the schedule.
See Schedule as Applicable
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number _____( or See Schedule as Applicable).
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number _____( or See Schedule as Applicable).
(v) Any item not included in paragraphs (c)(1)(i), (ii), (iii), or (iv) of this clause for which the contractor creates and marks a unique item identifier for traceability.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/ .
(2) Embedded items shall be reported by one of the following methods—
(i) Use of the embedded items capability in WAWF;
(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site/uidregistry/; or
(iii) Via WAWF as a deliverable attachment for exhibit line item number ______, Unique Item Identifier Report for Embedded Items, Contract Data Requirements List, DD Form 1423.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JAN 2016)
(IAW FAR 12.301(b)(4))
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(2) 52.233-3, Protest After Award (Aug 1996)(31 U.S.C 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004)(Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] __X __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with
Alternate I (Oct 1995)(41 U.S.C. 4704 and 10 U.S.C. 2402).
__X __ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
__ __ (3) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment
Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__X __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).
(5) [Reserved] __ __ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
__ __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts
(Jan 2014) (Pub. L. 111-117, section 743 of Div. C).
__X __ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors
Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).
__X __ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
____ (10) [Reserved} __ __ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011)(15 U.S.C.
657a).
__ __ (11) (ii) Alternate I (Nov 2011) of 52.219-3.
__ __ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns
(Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).
__ __ (12) (ii) Alternate I (Jan 2011) of 52.219-4.
(13) [Reserved] __X __ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011)(15 U.S.C. 644).
__ __ (14) (ii) Alternate I (Nov 2011).
__ __ (14) (iii) Alternate II (Nov 2011).
__ __ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C. 644).
__ __ (15) (ii) Alternate I (Oct 1995) of 52.219-7.
__ __ (15) (iii) Alternate II (Mar 2004) of 52.219-7.
__X __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).
__ __ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2015)(15 U.S.C. 637(d)(4)). (In accordance with DDP Memo dated 9 Sep 2013, DAR Tracking Number 2013-O0014, Class Deviation—Summary Subcontract Report Submission, this clause is replaced with DFARS Deviation dated Aug 2013. Effective until incorporated into the FAR or DFARS or until rescinded.)
__ __ (17) (ii) Alternate I (Oct 2001) of 52.219-9.
__ __ (17) (iii) Alternate II (Oct 2001) of 52.219-9.
__ __ (17) (iv) Alternate III (Oct 2015) of 52.219-9.
__X (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__X (19) 52.219-14, Limitations on Subcontracting (Nov 2011)(15 U.S.C. 637(a)(14)).
__ __ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.
637(d)(4)(F)(i)).
__ __ (21) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside
(Nov 2011)(15 U.S.C. 657 f).
__X __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.
632(a)(2)).
__ __ (23) 52.219-29, Notice of Set-Aside for, or Sole source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (1 U.S.C.
637(m)).
__ __ (24) 52.219-30, Notice of Set-Aside for, or Sole source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
__X __ (25) 52.222-3, Convict Labor (June 2003)(E.O. 11755).
__X __ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2016)(E.O.
13126).
__X __ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
__X __ (28) 52.222-26, Equal Opportunity (Apr 2015)(E.O. 11246).
__X __ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
__X __ (30) 52.222-36, Equal Opportunity For Workers with Disabilities (Jul 2014)(29 U.S.C. 793).
__X __ (31) 52.222-37, Employment Reports on Veterans (Oct 2015)(38 U.S.C. 4212).
__X __ (32) 52.222-40, Notification of Employee Rights Under the National Labor relations Act (Dec
2010) E.O. 13496).
__X __ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and
E.O. 13627).
__ __ (33) (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
__ __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ __ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008)(42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ _ (35) (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
__ _ (36) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
__ _ (36) (ii) Alternate I (Oct 2015) of 52.223-13.
__ _ (37) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and
13514).
__ _ (37) (ii) Alternate I (Jun 2014) of 52.223-14.
__ __ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42.U.S.C.
8259b).
__ __ (39) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)
(E.O.s 13423 and 13514).
__ _ (39) (ii) Alternate I (Oct 2015) of 52.223-16.
__X __ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug
2011)(E.O.13513).
__ __ (41) 52.225-1, Buy American--Supplies (May 2014)(41 U.S.C. chapter 83).
__ __ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41
U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
__ _ (42) (ii) Alternate I (May 2014) of 52.225-3.
__ _ (42) (iii) Alternate II (May 2014) of 52.225-3.
__ _ (42) (iv) Alternate III (May 2014) of 52.225-3.
__ __ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__X __ (44) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008)(E.O.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of Treasury).
__ __ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ __ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007)(42 U.S.C. 5150).
__ __ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov
2007)(42 U.S.C. 5150).
__ __ (48) 52.232-29, Terms for financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C.
4505, 10 U.S.C. 2307(f)).
__ __ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10
U.S.C. 2307(f)).
__X __ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul
2013)(31.U.S.C. 3332).
__ __ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award
Management (Jul 2013)(31.U.S.C. 3332).
__ __ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
__ __ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).
__ __ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)
(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__ _ (54) (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.] __ __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).
__X __ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
__X __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ X __ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price
Adjustment (Multiple Year and Option Contracts) (May 2014)(29 U.S.C. 206 and 41 U.S.C. chapter 67).
__X __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards - Price
Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
__ __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014)(41 U.S.C. chapter 67).
__X __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015)(E. O. 13658).
__ __ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42
U.S.C. 1792).
__ __ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records--Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (e)(1) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow Down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).
(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
(viii) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).
(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).
(xi) __X __ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.
13627).
__ __(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).
(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).
(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E. O. 13658).
(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).
Flow down required in accordance with paragraphs (e) of FAR clause 52.226-6.
(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (FEB 2013)
(IAW DFARS 225.7002-3(a), DFARS 212.301(f)(xxvii))
252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS
(SEP 2004)
(IAW DFARS 226.104)
252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS (FEB 2014)
(IAW DFARS 227.7102-4(a)(1))
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(JUN 2012)
(IAW DFARS 232.7004)
(a) Definitions. As used in this clause—
(1) “Contract financing payment” and “invoice payment” have the meanings given in section 32.001 of the Federal Acquisition Regulation.
(2) “Electronic form” means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.
(3) “Payment request” means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.
(4) “Receiving report” means the data required by the clause at 252.246-7000, Material Inspection and Receiving Report.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/ .
(c) The Contractor may submit a payment request and receiving report using other than WAWF only when—
(1) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer’s determination with each request for payment;
(2) DoD makes a payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System);
(3) DoD makes payment for rendered health care services using the TRICARE Encounter Data System (TEDS) as the electronic format; or
(4) When the Governmentwide commercial purchase card is used as the method of payment, only submission of the receiving report in electronic form is required.
(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.
(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payment requests.
252.232-7009 MANDATORY PAYMENT BY GOVERNMENTWIDE COMMERCIAL PURCHASE CARD
(DEC 2006)
(IAW DFARS 232.1110)
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
(IAW DFARS 232.7102)
252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR
PERSONNEL (JUN 2013)
(IAW DFARS 237.173-5)
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)
(IAW DFARS 243.205-71)
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC (APR 2014)
(IAW DFARS 247.574(b))
ADDENDUM TO CLAUSE 52.212-4
5352.201-9101 OMBUDSMAN (NOV 2015)
(IAW AFFARS 5301.9103)
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern.
The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, AFSC/PZC at 405 736 -3273 , FAX - , email . Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU/SMC ombudsman level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2395, facsimile number (571) 256-2431.
(d) The ombudsman has no authority to render a decision that binds the agency.
(e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements.
Such inquiries shall be directed to the Contracting Officer.
(Applicable to all solicitations and contracts)
52.203-3 GRATUITIES (APR 1984)
(IAW FAR 3.202)
252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS
(SEP 2013)
(IAW DFARS 203.970)
(Applicable to solicitations and contracts when FAR 52.203-13 is included)
252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003)
(OCT 2015)
(IAW DARS Tracking # 2016-O0003)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d) (1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
(Applicable to solicitations and contracts, including commercial under FAR part 12, that will use FY 2016 appropriations)
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
(IAW FAR 4.1303)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2015)
(IAW FAR 4.1804(c), FAR 12.301(d)) (Applicable when there is a requirement to be registered in SAM or to have a DUNS Number)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
(IAW FAR 4.1202(b))
252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)
(IAW DFARS 204.404-70(a))
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (DEC 2015)
(IAW DFARS 204.7304(c))
(Applicable to all solicitations and contracts, including commercial)
252.204-7015 DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT CONTRACTORS
(FEB 2014)
(IAW DFARS 204.7403(c), DFARS 212.301(f)(ix))
(Applicable to solicitations and contracts that involve litigation support services when 252.204-7014 is not included)
52.211-8 TIME OF DELIVERY (JUN 1997)
(IAW FAR 11.404(a)(2))
(a) The Government requires delivery to be made according to the following schedule:
DELIVERY FOR EACH ITEM IS ANNOTATED IN THE SCHEDULE (PART I SECTION B) UNDER EACH LINE ITEM.
The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply.
ANNOTATE YOUR PROPOSED DELIVERY, IF ANY, UNDER THE GOVERNMENT’S DELIVERY SET FORTH UNDER EACH ITEM IN THE
SCHEDULE.
(b) Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful offeror, results in a binding contract. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor's date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term "working day" excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected.
252.211-7007 REPORTING OF GOVERNMENT-FURNISHED PROPERTY (AUG 2012)
(IAW DFARS 211.274-6(b), DFARS 212.301(f)(iv))
52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)
(IAW FAR 12.301(b)(3)) (Applicable to all commercial items)
(Applicable to solicitations and contracts when a cost-plus-fixed-fee construction contract is contemplated)
52.216-18 ORDERING (OCT 1995)
(IAW FAR 16.506(a))
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from From contract award through the end of the ordering period..
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(Applicable to all orders issued hereunder)
52.216-19 ORDER LIMITATIONS (OCT 1995)
(IAW FAR 16.506(b))
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than a quantity of 1, 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 the estimated quantity set forth in Section B;
(2) Any order for a combination of items in excess of the estimated quantity set forth in Section B; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (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 30 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.
(The above Clause/Provision has been modified.)
52.216-22 INDEFINITE QUANTITY (OCT 1995)
(IAW FAR 16.506(e))
(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 Delivery-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 contact after 24 months after the ordering period..
252.216-7006 ORDERING (MAY 2011)
(IAW DFARS 216.506(a))
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from From contract award through the end of the ordering period..
(Applicable to solicitations and contracts when a definite-quantity contract, a…
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