Fisher_FTIR_CSS.pdf
PDF 334 KB Posted
- Attached to
- Fisher FTIR Preventative/Remedial Maintenance Federal contract opportunity
- Solicitation number
- FA8126-16-Q-0201
About this file
Combined Synopsis/Solicitation
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Single_source_justification_Redacted.pdf | ||
| FTIR_PWS_(26_Jul_16).pdf | ||
| AppendixA(Equipment_List)-FTIR-071816.pdf |
On GovTribe
Work with this file on GovTribe
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Combined Synopsis/Solicitation
(IAW FAR 12.603)
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.
The proposed contract action is for services for which the Government intends to solicit. Interested persons may identify their interest and capability to respond to the requirement or submit proposals.
This notice of intent is not a request for competitive proposals. However, all proposals received after date of publication of this synopsis will be considered by the government. A determination by the Government not to compete this proposed contract based upon responses to this notice is solely within the discretion of the government. Information received will normally be considered solely for the purpose of determining whether to conduct a competitive procurement.
The Air Force Sustainment Center (AFSC/PZIMB) at Tinker Air Force Base Oklahoma, intends to request offers for a firm fixed contract for Preventative and Remedial Maintenance for a Fisher multifunctional Fourier Transform Infrared (FTIR) Spectrometer System at Tinker AFB, OK.
Proposal Submission Information:
Quotations are due by Tuesday 16 August 2016 2:00 pm, Tinker AFB OK Central Standard Time (CST).
Contact the following individual for information regarding this solicitation:
Brian Lewallen Contracting Officer brian.lewallen.2@us.af.mil Phone: (405)736‐4477
EVALUATION OF RESPONSES:
Award will be conducted and evaluated under the provisions of FAR Part 12, Commercial Items, and FAR 13.5, Simplified Acquisition Procedures. The responsible offerors must be registered in the Online System for Award Management (SAM) database (available at: http://sam.gov) system per FAR 52.212‐3, and submit a completed copy of the Offeror Representations and Certifications – Commercial Items with their quote. Lack of registration in SAM will qualify contractor as ineligible for award. All responsible sources may submit a quotation in response to this solicitation, which shall be considered. This solicitation is being issued as a Request for Quotation (RFQ), for a firm fixed type contract. The Air Force Sustainment Center (AFSC/PZIMA) at Tinker Air Force Base Oklahoma intends to award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government (best value).
Number of Contracts to be Awarded The Government intends to select one contractor; however, the Government reserves the right to award no contract at all, depending on the quality of the proposals/quotes and prices submitted and the availability of funds.
Rejection of Unrealistic Offers
The Government may reject any proposal/quote that is evaluated to be unrealistic in terms of program commitments, including contract terms and conditions, or unrealistically high or low in cost/price when compared to Government estimates, such that the proposal is deemed to reflect an inherent lack of competence or failure to comprehend the complexity and risks of the program.
**ALL PAGES MUST BE COMPLETED AND SUBMITTED WITH YOUR OFFER**
Please review all documents carefully before completing.
OFFEROR INFORMATION
BUSINESS NAME:
STREET ADDRESS: CITY, STATE, ZIP:
CAGE CODE and/or DUNS:
BUSINESS WEB ADDRESS: :
CONTACT PERSON:
TELEPHONE: FAX:
E‐MAIL:
DISCOUNT TERMS:
NET 30 or _______% IN _______ DAYS
REQUIRED TIME FOR DELIVERY:
Offerors Authorized Representative's Signature Date
Type or Print Name Position or Title
Contractor is Required to sign this document and return 1 copy 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.
Have the annual Representations and Certifications been completed online at https://SAM.GOV? YES________ or NO________
If yes, complete only paragraph (b) of FAR clause 52.212‐3, Offeror Representations and Certifications ‐‐ Commercial Items (see “CALUSES INCORPORATED BY FULL TEXT”). If no, complete paragraphs (c) through (m) of FAR 52.212‐3.
CLASSIFICATION DATA
REQUISITION NUMBER:
F3YCEB6188A002
SOLICITATION NUMBER:
FA8125‐16‐Q‐0201
SOLICITATION ISSUE DATE: 04 August 2016. SOLICITATION DUE: 16 August 2016
THIS ACQUISITION IS: SIZE STD: FSC: J066
SOLE SOURCE X NAICS: 811219 DELIVERY :
DPAS RATING: SEE ITEM DESC
SET ASIDE 100 % FOR METHOD OF SOLICITATION:
Combined Synopsis/Solicitation
FOB DESTINATION X
SB FOB ORIGIN
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Lot FTIR Preventative Maintenance
FFP
Annual Preventive Maintenance services for the Fourier Transform Infrared (FTIR) Microscope and Spectrometer.
Services Non-Personal: The contractor shall provide all labor, tools, equipment, test equipment, personal protective equipment and clothing, hearing protection, eye protection including prescription safety glasses, materials and parts, transportation and other incidentals necessary to travel to Tinker AFB, Oklahoma, to perform Preventive Maintenance (PM) on the Fisher FTIR Microscope and Spectrometer.
The contractor shall be responsible for insuring all services and parts provided under this contract are in accordance with the terms and conditions outlined herein and conform to the manufacturer’s equipment specifications, Performance Work Statement (PWS) and the Contractor’s Comprehensive Maintenance Agreement.
Period of Performance: 24 September 2016 – 23 September 2017
Performance of this contract will be in accordance with the contractor’s Comprehensive Maintenance Agreement (CMA) and the Performance Work Statement (PWS).
Pricing Information: Pricing is for one (1) PM visit per year for both the FTIR Microscope and Spectrometer.
THIS IS A FIRM FIXED PRICE (FFP) LINE ITEM.
***CONTRACTOR TO ATTACH PROPOSAL AND BREAKDOWN OF
PRICING***
Total Firm Fixed Price for annual maintenance on the FTIR Microscope and Spectrometer: $__________________
CONTRACTOR SHALL SUBMIT ALL INVOICES IN ARREARS OF
SERVICES THROUGH WIDE AREA WORK FLOW (WAWF). SEE DFARS
CLAUSE 252.232-7006.
CONTRACTOR SHALL BE REGISTERED IN SAM.
REGISTRATION IS VALID UNTIL:____________
FOB: Destination
PURCHASE REQUEST NUMBER: F3YCEB6188A002
SIGNAL CODE: A
NET AMT
0002 1 Lot Over and Above Remedial Maintenance
FFP
IAW DFARS PGI 217.77, the contractor will submit a request to the PCO identifying the specific Parts of Repair Services as appropriate. The PCO Will issue an authorization describing the manner in which the O&A work will proceed.
Pricing guidelines are listed below.
Period of Performance: 24 September 2016 – 23 September 2017
**The WAWF acceptor will not accept any billings that do not have PCO approval.**
PARTS: Parts will be priced with the appropriate commercial listed price.
TECHNICIAN TRAVEL/RENTAL CAR: Flat rate per approved incident for Technician Travel time, Rental Car and Rental CAR associated Costs (Gas, Taxes, et al) IAW Department of Defense Joint Travel Regulations (JTR)
HOTEL, MEALS & INCIDENTALS: A flat rate of for approved incident days for Hotel costs (including all taxes and fees), Meals, tips, and any incidentals IAW
JTR
AIRFARE: Airfare is to be reimbursed at the total ticket cost for each approved incident (including any seat fee, baggage costs, taxes and associated charges authorized by the JTR). First Class or Business Class is not authorized and will be reimbursed at the reconstructed Coach or standard class ticket price IAW JTR.
TECHNICIAN TIME: Technician repair time will be estimated in advance and PCO will give a “not to exceed” hour limit. If during the repair it is apparent that the hours will exceed the initial limit set by the PCO, additional PCO approval will be required. Technician’s time will be billed for the following rates:
M-F Regular rate: $ ________per hour
M-F Overtime rate: $________per hour (worked hours must exceed 10 to be considered overtime in a given day
Weekend/Holiday rate: $________per hour FOB: Destination
PURCHASE REQUEST NUMBER: F3YCEB6188A002
1001 1 Lot OPTION FTIR Preventative Maintenance
FFP
Annual Preventive Maintenance services for the Fourier Transform Infrared (FTIR) Microscope and Spectrometer.
Services Non-Personal: The contractor shall provide all labor, tools, equipment, test equipment, personal protective equipment and clothing, hearing protection, eye protection including prescription safety glasses, materials and parts, transportation and other incidentals necessary to travel to Tinker AFB, Oklahoma, to perform Preventive Maintenance (PM) on the Fisher FTIR Microscope and Spectrometer.
The contractor shall be responsible for insuring all services and parts provided under this contract are in accordance with the terms and conditions outlined herein and conform to the manufacturer’s equipment specifications, Performance Work Statement (PWS) and the Contractor’s Comprehensive Maintenance Agreement.
Period of Performance: 24 September 2017 – 23 September 2018
Performance of this contract will be in accordance with the contractor’s Comprehensive Maintenance Agreement (CMA) and the Performance Work Statement (PWS).
Pricing Information: Pricing is for one (1) PM visit per year for both the FTIR Microscope and Spectrometer.
THIS IS A FIRM FIXED PRICE (FFP) LINE ITEM.
***CONTRACTOR TO ATTACH PROPOSAL AND BREAKDOWN OF
PRICING***
Total Firm Fixed Price for annual maintenance on the FTIR Microscope and Spectrometer: $__________________
CONTRACTOR SHALL SUBMIT ALL INVOICES IN ARREARS OF
SERVICES THROUGH WIDE AREA WORK FLOW (WAWF). SEE DFARS
CLAUSE 252.232-7006.
CONTRACTOR SHALL BE REGISTERED IN SAM.
REGISTRATION IS VALID UNTIL:____________
FOB: Destination
1002 1 Lot OPTION Over and Above Remedial Maintenance
FFP
IAW DFARS PGI 217.77, the contractor will submit a request to the PCO identifying the specific Parts of Repair Services as appropriate. The PCO Will issue an authorization describing the manner in which the O&A work will proceed.
Pricing guidelines are listed below.
Period of Performance: 24 September 2017 – 23 September 2018
**The WAWF acceptor will not accept any billings that do not have PCO approval.**
PARTS: Parts will be priced with the appropriate commercial listed price.
TECHNICIAN TRAVEL/RENTAL CAR: Flat rate per approved incident for Technician Travel time, Rental Car and Rental CAR associated Costs (Gas, Taxes, et al) IAW Department of Defense Joint Travel Regulations (JTR)
HOTEL, MEALS & INCIDENTALS: A flat rate of for approved incident days for Hotel costs (including all taxes and fees), Meals, tips, and any incidentals IAW
JTR
AIRFARE: Airfare is to be reimbursed at the total ticket cost for each approved incident (including any seat fee, baggage costs, taxes and associated charges authorized by the JTR). First Class or Business Class is not authorized and will be reimbursed at the reconstructed Coach or standard class ticket price IAW JTR.
TECHNICIAN TIME: Technician repair time will be estimated in advance and PCO will give a “not to exceed” hour limit. If during the repair it is apparent that the hours will exceed the initial limit set by the PCO, additional PCO approval will be required. Technician’s time will be billed for the following rates:
M-F Regular rate: $ ________per hour
M-F Overtime rate: $________per hour (worked hours must exceed 10 to be considered overtime in a given day
Weekend/Holiday rate: $________per hour
2001 1 Lot OPTION FTIR Preventative Maintenance
FFP
Annual Preventive Maintenance services for the Fourier Transform Infrared (FTIR) Microscope and Spectrometer.
Services Non-Personal: The contractor shall provide all labor, tools, equipment, test equipment, personal protective equipment and clothing, hearing protection, eye protection including prescription safety glasses, materials and parts, transportation and other incidentals necessary to travel to Tinker AFB, Oklahoma, to perform Preventive Maintenance (PM) on the Fisher FTIR Microscope and Spectrometer.
The contractor shall be responsible for insuring all services and parts provided under this contract are in accordance with the terms and conditions outlined herein and conform to the manufacturer’s equipment specifications, Performance Work Statement (PWS) and the Contractor’s Comprehensive Maintenance Agreement.
Period of Performance: 24 September 2018 – 23 September 2019
Performance of this contract will be in accordance with the contractor’s Comprehensive Maintenance Agreement (CMA) and the Performance Work Statement (PWS).
Pricing Information: Pricing is for one (1) PM visit per year for both the FTIR Microscope and Spectrometer.
THIS IS A FIRM FIXED PRICE (FFP) LINE ITEM.
***CONTRACTOR TO ATTACH PROPOSAL AND BREAKDOWN OF
PRICING***
Total Firm Fixed Price for annual maintenance on the FTIR Microscope and Spectrometer: $__________________
CONTRACTOR SHALL SUBMIT ALL INVOICES IN ARREARS OF
SERVICES THROUGH WIDE AREA WORK FLOW (WAWF). SEE DFARS
CLAUSE 252.232-7006.
CONTRACTOR SHALL BE REGISTERED IN SAM.
REGISTRATION IS VALID UNTIL:____________
2002 1 Lot OPTION Over and Above Remedial Maintenance
FFP
IAW DFARS PGI 217.77, the contractor will submit a request to the PCO identifying the specific Parts of Repair Services as appropriate. The PCO Will issue an authorization describing the manner in which the O&A work will proceed.
Pricing guidelines are listed below.
Period of Performance: 24 September 2018 – 23 September 2019
**The WAWF acceptor will not accept any billings that do not have PCO approval.**
PARTS: Parts will be priced with the appropriate commercial listed price.
TECHNICIAN TRAVEL/RENTAL CAR: Flat rate per approved incident for Technician Travel time, Rental Car and Rental CAR associated Costs (Gas, Taxes, et al) IAW Department of Defense Joint Travel Regulations (JTR)
HOTEL, MEALS & INCIDENTALS: A flat rate of for approved incident days for Hotel costs (including all taxes and fees), Meals, tips, and any incidentals IAW
JTR
AIRFARE: Airfare is to be reimbursed at the total ticket cost for each approved incident (including any seat fee, baggage costs, taxes and associated charges authorized by the JTR). First Class or Business Class is not authorized and will be reimbursed at the reconstructed Coach or standard class ticket price IAW JTR.
TECHNICIAN TIME: Technician repair time will be estimated in advance and PCO will give a “not to exceed” hour limit. If during the repair it is apparent that the hours will exceed the initial limit set by the PCO, additional PCO approval will be required. Technician’s time will be billed for the following rates:
M-F Regular rate: $ ________per hour
M-F Overtime rate: $________per hour (worked hours must exceed 10 to be considered overtime in a given day
Weekend/Holiday rate: $________per hour
3001 1 Lot OPTION FTIR Preventative Maintenance
FFP
Annual Preventive Maintenance services for the Fourier Transform Infrared (FTIR) Microscope and Spectrometer.
Services Non-Personal: The contractor shall provide all labor, tools, equipment, test equipment, personal protective equipment and clothing, hearing protection, eye protection including prescription safety glasses, materials and parts, transportation and other incidentals necessary to travel to Tinker AFB, Oklahoma, to perform Preventive Maintenance (PM) on the Fisher FTIR Microscope and Spectrometer.
The contractor shall be responsible for insuring all services and parts provided under this contract are in accordance with the terms and conditions outlined herein and conform to the manufacturer’s equipment specifications, Performance Work Statement (PWS) and the Contractor’s Comprehensive Maintenance Agreement.
Period of Performance: 24 September 2019 – 23 September 2020
Performance of this contract will be in accordance with the contractor’s Comprehensive Maintenance Agreement (CMA) and the Performance Work Statement (PWS).
Pricing Information: Pricing is for one (1) PM visit per year for both the FTIR Microscope and Spectrometer.
THIS IS A FIRM FIXED PRICE (FFP) LINE ITEM.
***CONTRACTOR TO ATTACH PROPOSAL AND BREAKDOWN OF
PRICING***
Total Firm Fixed Price for annual maintenance on the FTIR Microscope and Spectrometer: $__________________
CONTRACTOR SHALL SUBMIT ALL INVOICES IN ARREARS OF
SERVICES THROUGH WIDE AREA WORK FLOW (WAWF). SEE DFARS
CLAUSE 252.232-7006.
CONTRACTOR SHALL BE REGISTERED IN SAM.
REGISTRATION IS VALID UNTIL:____________
3002 1 Lot OPTION Over and Above Remedial Maintenance
FFP
IAW DFARS PGI 217.77, the contractor will submit a request to the PCO identifying the specific Parts of Repair Services as appropriate. The PCO Will issue an authorization describing the manner in which the O&A work will proceed.
Pricing guidelines are listed below.
Period of Performance: 24 September 2019 – 23 September 2020
**The WAWF acceptor will not accept any billings that do not have PCO approval.**
PARTS: Parts will be priced with the appropriate commercial listed price.
TECHNICIAN TRAVEL/RENTAL CAR: Flat rate per approved incident for Technician Travel time, Rental Car and Rental CAR associated Costs (Gas, Taxes, et al) IAW Department of Defense Joint Travel Regulations (JTR)
HOTEL, MEALS & INCIDENTALS: A flat rate of for approved incident days for Hotel costs (including all taxes and fees), Meals, tips, and any incidentals IAW
JTR
AIRFARE: Airfare is to be reimbursed at the total ticket cost for each approved incident (including any seat fee, baggage costs, taxes and associated charges authorized by the JTR). First Class or Business Class is not authorized and will be reimbursed at the reconstructed Coach or standard class ticket price IAW JTR.
TECHNICIAN TIME: Technician repair time will be estimated in advance and PCO will give a “not to exceed” hour limit. If during the repair it is apparent that the hours will exceed the initial limit set by the PCO, additional PCO approval will be required. Technician’s time will be billed for the following rates:
M-F Regular rate: $ ________per hour
M-F Overtime rate: $________per hour (worked hours must exceed 10 to be considered overtime in a given day
Weekend/Holiday rate: $________per hour
4001 1 Lot OPTION FTIR Preventative Maintenance
FFP
Annual Preventive Maintenance services for the Fourier Transform Infrared (FTIR) Microscope and Spectrometer.
Services Non-Personal: The contractor shall provide all labor, tools, equipment, test equipment, personal protective equipment and clothing, hearing protection, eye protection including prescription safety glasses, materials and parts, transportation and other incidentals necessary to travel to Tinker AFB, Oklahoma, to perform Preventive Maintenance (PM) on the Fisher FTIR Microscope and Spectrometer.
The contractor shall be responsible for insuring all services and parts provided under this contract are in accordance with the terms and conditions outlined herein and conform to the manufacturer’s equipment specifications, Performance Work Statement (PWS) and the Contractor’s Comprehensive Maintenance Agreement.
Period of Performance: 24 September 2020 – 23 September 2021
Performance of this contract will be in accordance with the contractor’s Comprehensive Maintenance Agreement (CMA) and the Performance Work Statement (PWS).
Pricing Information: Pricing is for one (1) PM visit per year for both the FTIR Microscope and Spectrometer.
THIS IS A FIRM FIXED PRICE (FFP) LINE ITEM.
***CONTRACTOR TO ATTACH PROPOSAL AND BREAKDOWN OF
PRICING***
Total Firm Fixed Price for annual maintenance on the FTIR Microscope and Spectrometer: $__________________
CONTRACTOR SHALL SUBMIT ALL INVOICES IN ARREARS OF
SERVICES THROUGH WIDE AREA WORK FLOW (WAWF). SEE DFARS
CLAUSE 252.232-7006.
CONTRACTOR SHALL BE REGISTERED IN SAM.
REGISTRATION IS VALID UNTIL:____________
4002 1 Lot OPTION Over and Above Remedial Maintenance
FFP
IAW DFARS PGI 217.77, the contractor will submit a request to the PCO identifying the specific Parts of Repair Services as appropriate. The PCO Will issue an authorization describing the manner in which the O&A work will proceed.
Pricing guidelines are listed below.
Period of Performance: 24 September 2020 – 23 September 2021
**The WAWF acceptor will not accept any billings that do not have PCO approval.**
PARTS: Parts will be priced with the appropriate commercial listed price.
TECHNICIAN TRAVEL/RENTAL CAR: Flat rate per approved incident for Technician Travel time, Rental Car and Rental CAR associated Costs (Gas, Taxes, et al) IAW Department of Defense Joint Travel Regulations (JTR)
HOTEL, MEALS & INCIDENTALS: A flat rate of for approved incident days for Hotel costs (including all taxes and fees), Meals, tips, and any incidentals IAW
JTR
AIRFARE: Airfare is to be reimbursed at the total ticket cost for each approved incident (including any seat fee, baggage costs, taxes and associated charges authorized by the JTR). First Class or Business Class is not authorized and will be reimbursed at the reconstructed Coach or standard class ticket price IAW JTR.
TECHNICIAN TIME: Technician repair time will be estimated in advance and PCO will give a “not to exceed” hour limit. If during the repair it is apparent that the hours will exceed the initial limit set by the PCO, additional PCO approval will be required. Technician’s time will be billed for the following rates:
M-F Regular rate: $ ________per hour
M-F Overtime rate: $________per hour (worked hours must exceed 10 to be considered overtime in a given day
Weekend/Holiday rate: $________per hour
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 POP 24-SEP-2016 TO
23-SEP-2017
N/A F3YCEB
RACHEL ZAIS
OC-ALC/OBC
BLDG 3001 STAFF DR. DOOR G70 POST
N68
TINKER AFB OK 73145
405-736-7693
F3YCEB
0002 POP 24-SEP-2016 TO
23-SEP-2017
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 24-SEP-2017 TO
23-SEP-2018
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 24-SEP-2017 TO
23-SEP-2018
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 24-SEP-2018 TO
23-SEP-2019
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 24-SEP-2018 TO
23-SEP-2019
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 24-SEP-2019 TO
23-SEP-2020
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 24-SEP-2019 TO
23-SEP-2020
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 24-SEP-2020 TO
23-SEP-2021
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 24-SEP-2020 TO
23-SEP-2021
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.204-7 System for Award Management JUL 2013 52.204-13 System for Award Management Maintenance JUL 2013 52.204-16 Commercial and Government Entity Code Reporting JUL 2015 52.204-17 Ownership or Control of Offeror NOV 2014 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation
NOV 2015
52.212-3 Offeror Representations and Certification--Commercial Items APR 2016 52.212-3 Alt I Offeror Representations and Certifications--Commercial
Items (APR 2016) Alternate I
OCT 2014
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
OCT 2015
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation
APR 1984
52.242-15 Stop-Work Order AUG 1989 52.247-34 F.O.B. Destination NOV 1991 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7005 Representation Relating to Compensation of Former DoD Officials
NOV 2011
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
DEC 2015
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
DEC 2015
252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.217-7028 Over And Above Work DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.244-7000 Subcontracts for Commercial Items JUN 2013
CLAUSES INCORPORATED BY FULL TEXT
52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)
(a) North American Industry Classification System (NAICS) code and small business size standard. The NAICS code and small business size standard for this acquisition appear in Block 10 of the solicitation cover sheet (SF 1449). However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.
(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show--
(1) The solicitation number;
(2) The time specified in the solicitation for receipt of offers;
(3) The name, address, and telephone number of the offeror;
(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;
(5) Terms of any express warranty;
(6) Price and any discount terms;
(7) "Remit to" address, if different than mailing address;
(8) A completed copy of the representations and certifications at FAR 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);
(9) Acknowledgment of Solicitation Amendments;
(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and
(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender's request and expense, unless they are destroyed during preaward testing.
(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.
(f) Late submissions, modifications, revisions, and withdrawals of offers:
(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that offers or revisions are due.
(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is “late” and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and--
(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or
(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government's control prior to the time set for receipt of offers; or
(C) If this solicitation is a request for proposals, it was the only proposal received.
(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.
(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.
(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.
(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers.
Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offeror's best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
(i) Availability of requirements documents cited in the solicitation. (1)(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to--GSA Federal Supply Service Specifications Section, Suite 8100, 470 East L'Enfant Plaza, SW, Washington, DC 20407, Telephone (202) 619-8925, Facsimile (202) 619-8978.
(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision.
Additional copies will be issued for a fee.
(2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites:
(i) ASSIST (https://assist.dla.mil/online/start/).
(ii) Quick Search (http://quicksearch.dla.mil/).
(iii) ASSISTdocs.com (http://assistdocs.com).
(3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by--
(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);
(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600 EST; or
(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-5094, Telephone
(215) 697-2667/2179, Facsimile (215) 697-1462.
(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.
(j) Data Universal Numbering System (DUNS) Number. (Applies to all offers exceeding $3,500, and offers of $3,500 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) database. The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror's name and address. The DUNS +4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the offeror to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. An offeror within the United States may contact Dun and Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An offeror located outside the United States must contact the local Dun and Bradstreet office for a DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.
(k) System for Award Management. Unless exempted by an addendum to this solicitation, by submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the SAM database accessed through https://www.acquisition.gov.
(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:
(1) The agency's evaluation of the significant weak or deficient factors in the debriefed offeror's offer.
(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.
(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.
(4) A summary of the rationale for award;
(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful offeror.
(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.
(End of provision)
52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (MAY 2015)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and
(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).
Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the
Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, contract line item number and, if applicable, the order number;
(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer--Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.--
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.
3903) and prompt payment regulations at 5 CFR part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected contract line item or subline item, if applicable; and
(D) Contractor point of contact.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.
7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.
destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.
chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .