FA8224-16-R-0062.pdf
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- Attached to
- Item Unique Identifier (IUID) Technical Support and Repair Federal contract opportunity
- Solicitation number
- FA8224-16-R-0062
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| A002_Status_Report_80368AT_CDRL_2(Signed).pdf | ||
| A006_System_Safety_Program_Plan(SSPP)_CDRL_(Signed)2.pdf | ||
| Final_IUID_PWS_11_Jul_16.pdf | ||
| A003_Hardware_Software_Inventory_81107A_CDRL_(Signed)2.pdf | ||
| A004_Training_Materials_List_CDRL_(Signed)2.pdf | ||
| A001_Registry_File_81859_CDRL_(Signed).pdf | ||
| A005_Accident_Incident_Report_CDRL_(Signed)3.pdf |
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SEE ADDENDUM
(No Collect Calls)
FA8224-16-R-0062 27-Jul-2016
b. TELEPHONE NUMBER
801-775-5252
8. OFFER DUE DATE/LOCAL TIME
04:00 PM 26 Aug 2016
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
FA82249. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
JAMES VAUGHAN
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
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
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
OL:H/PZIM
JAMES VAUGHAN 6038 ASPEN AVE BLDG 1289
HILL AFB UT 84056-5805
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE F2DCAU 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
309 MXW/FM
MARJORIE FORTE
309 MXW
5851 F AVE, BLDG 849
HILL AFB UT 84056-5713
TEL: 801-777-8756 FAX:
FAX:
TEL: 801-775-5252
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$27,500,000.00
NAICS:
541519
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF46
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
FA8224-16-R-0062
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
IUID Maintenance Support
FFP
IUID Maintenance Support In Accordance With PWS Section 2.1 & 2.2
FOB: Destination
SIGNAL CODE: A
NET AMT
FSC CD: R425
0001AA 12 Months IUID Maintenance Support CMXG
FFP
CMXG IUID Maintenance Support In Accordance With PWS Section 2.1 & 2.2
0001AB 12 Months IUID Maintenance Support EMXG
FFP
EMXG IUID Maintenance Support In Accordance With PWS Section 2.1 & 2.2
0001AC 12 Months IUID Maintenance Support MMXG
FFP
MMXG IUID Maintenance Support In Accordance With PWS Section 2.1 & 2.2
0001AD 12 Months IUID Maintenance Support MXSG and AMXG
FFP
MXSG and AMXG IUID Maintenance Support In Accordance With PWS Section
2.1 & 2.2
IUID Maintenance Support Repairs
FFP
IUID Maintenance Support Repairs In Accordance With PWS Section 2.3
0002AA 12 Months CMXG IUID Maintenance Support Repairs
FFP
CMXG IUID Maintenance Support Repairs In Accordance With PWS Section 2.3
0002AB 12 Months EMXG IUID Maintenance Support Repairs
FFP
EMXG IUID Maintenance Support Repairs In Accordance With PWS Section 2.3
0002AC 12 Months MMXG IUID Maintenance Support Repairs
FFP
MMXG IUID Maintenance Support Repairs In Accordance With PWS Section 2.3
0002AD 12 Months MXSG and AMXG IUID Maintenance Support R
FFP
MXSG and AMXG IUID Maintenance Support Repairs In Accordance With PWS
Section 2.3
0003 1 Lot IUID Maintenance Support Travel (EMXG)
FFP
EMXG FFP in accordance with PWS Section 6.
0004 1 Lot
DATA
FFP
Data for CDRLs A001 - A006
OPTION IUID Maintenance Support
FFP
IUID Maintenance Support In Accordance With PWS Section 2.1 & 2.2
0101AA 12 Months OPTION IUID Maintenance Support CMXG
FFP
CMXG IUID Maintenance Support In Accordance With PWS Section 2.1 & 2.2
0101AB 12 Months OPTION IUID Maintenance Support EMXG
FFP
EMXG IUID Maintenance Support In Accordance With PWS Section 2.1 & 2.2
0101AC 12 Months OPTION IUID Maintenance Support MMXG
FFP
MMXG IUID Maintenance Support In Accordance With PWS Section 2.1 & 2.2
0101AD 12 Months OPTION IUID Maintenance Support MXSG and AMXG
FFP
MXSG and AMXG IUID Maintenance Support In Accordance With PWS Section
2.1 & 2.2
OPTION IUID Maintenance Support Repairs
FFP
IUID Maintenance Support Repairs In Accordance With PWS Section 2.3
0102AA 12 Months OPTION CMXG IUID Maintenance Support Repairs
FFP
CMXG IUID Maintenance Support Repairs In Accordance With PWS Section 2.3
0102AB 12 Months OPTION EMXG IUID Maintenance Support Repairs
FFP
EMXG IUID Maintenance Support Repairs In Accordance With PWS Section 2.3
0102AC 12 Months OPTION MMXG IUID Maintenance Support Repairs
FFP
MMXG IUID Maintenance Support Repairs In Accordance With PWS Section 2.3
0102AD 12 Months OPTION MXSG and AMXG IUID Maintenance Support R
FFP
MXSG and AMXG IUID Maintenance Support Repairs In Accordance With PWS
Section 2.3
0103 1 Lot OPTION IUID Maintenance Support Travel (EMXG)
FFP
EMXG FFP in accordance with PWS Section 6.
0104 1 Lot
OPTION DATA
FFP
Data for CDRLs A001 - A006
OPTION IUID Maintenance Support
FFP
IUID Maintenance Support In Accordance With PWS Section 2.1 & 2.2
0201AA 12 Months OPTION IUID Maintenance Support CMXG
FFP
CMXG IUID Maintenance Support In Accordance With PWS Section 2.1 & 2.2
0201AB 12 Months OPTION IUID Maintenance Support EMXG
FFP
EMXG IUID Maintenance Support In Accordance With PWS Section 2.1 & 2.2
0201AC 12 Months OPTION IUID Maintenance Support MMXG
FFP
MMXG IUID Maintenance Support In Accordance With PWS Section 2.1 & 2.2
0201AD 12 Months OPTION IUID Maintenance Support MXSG and AMXG
FFP
MXSG and AMXG IUID Maintenance Support In Accordance With PWS Section
2.1 & 2.2
OPTION IUID Maintenance Support Repairs
FFP
IUID Maintenance Support Repairs In Accordance With PWS Section 2.3
0202AA 12 Months OPTION CMXG IUID Maintenance Support Repairs
FFP
CMXG IUID Maintenance Support Repairs In Accordance With PWS Section 2.3
0202AB 12 Months OPTION EMXG IUID Maintenance Support Repairs
FFP
EMXG IUID Maintenance Support Repairs In Accordance With PWS Section 2.3
0202AC 12 Months OPTION MMXG IUID Maintenance Support Repairs
FFP
MMXG IUID Maintenance Support Repairs In Accordance With PWS Section 2.3
0202AD 12 Months OPTION MXSG and AMXG IUID Maintenance Support R
FFP
MXSG and AMXG IUID Maintenance Support Repairs In Accordance With PWS
Section 2.3
0203 1 Lot OPTION IUID Maintenance Support Travel (EMXG)
FFP
EMXG FFP in accordance with PWS Section 6.
0204 1 Lot
OPTION DATA
FFP
Data for CDRLs A001 - A006
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
0001AA Destination Government Destination Government
0001AB Destination Government Destination Government
0001AC Destination Government Destination Government
0001AD Destination Government Destination Government
0002 Destination Government Destination Government
0002AA Destination Government Destination Government
0002AB Destination Government Destination Government
0002AC Destination Government Destination Government
0002AD Destination Government Destination Government
0003 Destination Government Destination Government
0004 Destination Government Destination Government
0101 Destination Government Destination Government
0101AA Destination Government Destination Government
0101AB Destination Government Destination Government
0101AC Destination Government Destination Government
0101AD Destination Government Destination Government
0102 Destination Government Destination Government
0102AA Destination Government Destination Government
0102AB Destination Government Destination Government
0102AC Destination Government Destination Government
0102AD Destination Government Destination Government
0103 Destination Government Destination Government
0104 Destination Government Destination Government
0201 Destination Government Destination Government
0201AA Destination Government Destination Government
0201AB Destination Government Destination Government
0201AC Destination Government Destination Government
0201AD Destination Government Destination Government
0202 Destination Government Destination Government
0202AA Destination Government Destination Government
0202AB Destination Government Destination Government
0202AC Destination Government Destination Government
0202AD Destination Government Destination Government
0203 Destination Government Destination Government
0204 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 N/A N/A N/A N/A
0001AA POP 15-SEP-2016 TO
14-SEP-2017
N/A 309 MXW/FM
MARJORIE FORTE
309 MXW
5851 F AVE, BLDG 849
HILL AFB UT 84056-5713
801-777-8756
F2DCAU
0001AB POP 15-SEP-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
0001AC POP 15-SEP-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
0001AD POP 15-SEP-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
0002 N/A N/A N/A N/A
0002AA POP 15-SEP-2016 TO
N/A 309 MXW/FM
MARJORIE FORTE
309 MXW
5851 F AVE, BLDG 849
HILL AFB UT 84056-5713
801-777-8756
0002AB POP 15-SEP-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
0002AC POP 15-SEP-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
0002AD POP 15-SEP-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 15-SEP-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 15-SEP-2016 TO
N/A (SAME AS PREVIOUS LOCATION)
0101 N/A N/A N/A N/A
0101AA POP 15-SEP-2017 TO
14-SEP-2018
N/A 309 MXW/FM
MARJORIE FORTE
309 MXW
5851 F AVE, BLDG 849
HILL AFB UT 84056-5713
801-777-8756
0101AB POP 15-SEP-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0101AC POP 15-SEP-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0101AD POP 15-SEP-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0102 N/A N/A N/A N/A
0102AA POP 15-SEP-2017 TO
N/A 309 MXW/FM
MARJORIE FORTE
309 MXW
5851 F AVE, BLDG 849
HILL AFB UT 84056-5713
801-777-8756
0102AB POP 15-SEP-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0102AC POP 15-SEP-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0102AD POP 15-SEP-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0103 POP 15-SEP-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0104 POP 15-SEP-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
0201 N/A N/A N/A N/A
0201AA POP 15-SEP-2018 TO
14-SEP-2019
N/A 309 MXW/FM
MARJORIE FORTE
309 MXW
5851 F AVE, BLDG 849
HILL AFB UT 84056-5713
801-777-8756
0201AB POP 15-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0201AC POP 15-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0201AD POP 15-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0202 N/A N/A N/A N/A
0202AA POP 15-SEP-2018 TO
N/A 309 MXW/FM
MARJORIE FORTE
309 MXW
5851 F AVE, BLDG 849
HILL AFB UT 84056-5713
801-777-8756
0202AB POP 15-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0202AC POP 15-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0202AD POP 15-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0203 POP 15-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0204 POP 15-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements--
Commercial Item Acquisition
FEB 2007
52.222-4 Contract Work Hours and Safety Standards- Overtime
Compensation
MAY 2014
52.222-17 Nondisplacement of Qualified Workers MAY 2014
52.222-20 Contracts for Materials, Supplies, Articles, and Equipment
Exceeding $15,000
MAY 2014
52.222-22 Previous Contracts And Compliance Reports FEB 1999
52.222-25 Affirmative Action Compliance APR 1984
52.222-50 Combating Trafficking in Persons MAR 2015
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.223-6 Drug-Free Workplace MAY 2001
52.223-10 Waste Reduction Program MAY 2011
52.223-11 Ozone-Depleting Substances MAY 2001
52.223-19 Compliance with Environmental Management Systems MAY 2011
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
OCT 2015
52.232-1 Payments APR 1984
52.232-8 Discounts For Prompt Payment FEB 2002
52.232-9 Limitation On Withholding Of Payments APR 1984
52.232-11 Extras APR 1984
52.232-17 Interest MAY 2014
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-13 Bankruptcy JUL 1995
52.243-1 Changes--Fixed Price AUG 1987
52.245-1 Government Property APR 2012
52.245-9 Use And Charges APR 2012
52.246-4 Inspection Of Services--Fixed Price AUG 1996
52.246-16 Responsibility For Supplies APR 1984
52.246-25 Limitation Of Liability--Services FEB 1997
52.247-34 F.O.B. Destination NOV 1991
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.252-1 Solicitation Provisions Incorporated By Reference FEB 1998
52.252-2 Clauses Incorporated By Reference FEB 1998
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.211-7007 Reporting of Government-Furnished Property AUG 2012
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.239-7001 Information Assurance Contractor Training and Certification JAN 2008
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property APR 2012
252.245-7003 Contractor Property Management System Administration APR 2012
252.245-7004 Reporting, Reutilization, and Disposal MAR 2015
AC SAP 252.212-
Commercial Items Terms and Conditions Deviation JUN 2004
CLAUSES INCORPORATED BY FULL TEXT
52.203-16 Preventing Personal Conflicts of Interest (DEC 2011)
(a) Definitions. As used in this clause--
Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:
(1) Planning acquisitions.
(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.
(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.
(4) Evaluating contract proposals.
(5) Awarding Government contracts.
(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).
(7) Terminating contracts.
(8) Determining whether contract costs are reasonable, allocable, and allowable.
Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--
(1) An employee of the contractor; or
(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.
Non-public information means any Government or third-party information that--
(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or
(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.
Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not ``impair the employee's ability to act impartially and in the best interest of the Government'' is not covered under this definition.)
(1) Among the sources of personal conflicts of interest are--
(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;
(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and
(iii) Gifts, including travel.
(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--
(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;
(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);
(iii) Services provided in exchange for honorariums or travel expense reimbursements;
(iv) Research funding or other forms of research support;
(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);
(vi) Real estate investments;
(vii) Patents, copyrights, and other intellectual property interests; or
(viii) Business ownership and investment interests.
(b) Requirements. The Contractor shall--
(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--
(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:
(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.
(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).
(C) Gifts, including travel; and
(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.
(2) For each covered employee--
(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;
(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and
(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.
(3) Inform covered employees of their obligation--
(i) To disclose and prevent personal conflicts of interest;
(ii) Not to use non-public information accessed through performance of a Government contract for personal gain;
and
(iii) To avoid even the appearance of personal conflicts of interest;
(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;
(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and
(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the
Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--
(i) Failure by a covered employee to disclose a personal conflict of interest;
(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and
(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.
(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the
Contracting Officer to the Head of the Contracting Activity for--
(i) Agreement to a plan to mitigate the personal conflict of interest; or
(ii) A waiver of the requirement.
(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.
(3) The Contractor shall--
(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or
(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.
(d) Subcontract flowdown. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--
(1) That exceed $150,000; and
(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).
(End of clause)
52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
1. Evaluation Factors and Subfactors
The Government will evaluate for acceptability the factors and subfactors described below:
- Factor One – Price
- Factor Two – Technical o Subfactor One – Operational Plan o Subfactor Two – Experience
- Factor Three – Past Performance
1.1. Evaluation Methodology
1.1.1. A price evaluation will be performed for all Offerors in accordance with Section 2.2 and proposals will be ranked from lowest to highest price based on a Total Evaluated Price (TEP).
1.1.2. Next, a technical and past performance evaluation will be performed beginning with the lowest priced
Offerors. Evaluations will cease when the first three (3) proposals are found technically acceptable; and receive a satisfactory past performance rating. Only those Offerors determined to be technically acceptable with a satisfactory past performance rating, either initially or as a result of discussions, will be considered for award.
1.1.3. Award will be made to the lowest evaluated priced proposal meeting the acceptability standards for the non-cost factors.
1.2. Price Factor
1.2.1. The pricing criteria used for evaluation are (1) completeness, (2) price reasonableness, and (3) Total Evaluated
Price (TEP).
1.2.2. Completeness – The Government will review the pricing submissions for completeness and compliance with
Section L of the RFP. Incomplete price submissions will NOT be evaluated and the proposal may be eliminated from the competition.
1.2.3. Price Reasonableness – The Offerors price proposal will be evaluated using one or more of the techniques defined in FAR 15.404-1 (Proposal Analysis Techniques). Generally, adequate price competition will satisfy the criteria for price reasonableness.
1.2.4. Total Evaluated Price (TEP) – The TEP will be calculated as the sum of the proposed prices for the base period and all options (including FAR clause 52.217-8, Option to Extend Services). To determine the price for the period covered by FAR clause 52.217-8, the Government will include in the TEP a price for a 6-month period using the CLINs the Offeror proposes for Option Year 4. The TEP will be used for evaluation purposes only; evaluation of options shall not obligate the Government to exercise such options. The TEP is for award purposes only and is not contractually binding; however, all prices that comprise the TEP are contractually binding and thus all prices must be populated. An omitted price may result in proposal elimination.
1.2.5. Unbalanced Pricing – Offerors are cautioned against submitting an offer that contains unbalanced pricing.
Unbalanced pricing may increase performance risk and could result in payment of unreasonably high prices.
Unbalanced pricing exists when, despite an acceptable total evaluated price, the price of one or more contract line items is significantly over or understated as indicated by the application of price analysis techniques. The
Government shall analyze offers to determine whether they are unbalanced with respect to separately priced line items or subline items. Offers that are determined to be unbalanced may be rejected if the Contracting Officer determines that the lack of balance poses an unacceptable risk to the Government.
1.3. Technical Factor
1.3.1. The Technical Proposal will be evaluated for acceptability in accordance with the criteria set forth in this section. The Offeror’s Technical Proposal must convey to the Government that the Offeror is capable, possesses adequate technical expertise and experience, possesses sufficient resources, and is able to plan, organize, and use those resources in a coordinated and timely fashion to meet the needs of the Government. The Government will evaluate the Offeror’s Technical
Proposal to ensure that each requirement in the PWS is addressed adequately. The Technical Proposal shall explain how the contractor will accomplish/satisfy the requirements. The Technical Proposal shall NOT simply rephrase or restate the Government’s requirements, but rather shall provide convincing rationale to address how the Offeror intends to meet the requirements in the PWS. If an Offeror rephrases/restates the PWS, their Technical Proposal will be unacceptable.
1.3.2. The Government Technical Evaluation Team will evaluate the technical proposals on a pass/fail basis, assigning one of the ratings in the table below. Only those proposals determined to be technically acceptable, either initially or as a result of discussions, will be considered for award. The Offeror is reminded that the Government reserves the right to award this effort based on the initial proposal, as received, without discussion. The proposals shall be evaluated against the Technical Subfactors and all requirements found in the PWS.
Rating Description
Acceptable
The proposal meets specified minimum requirements necessary for acceptable contract performance.
Unacceptable
The proposal fails to meet specified minimum requirements necessary for contract performance. Proposals with an unacceptable rating are not awardable.
1.4. Subfactors: The proposals shall be evaluated against the following subfactor criteria:
1.4.1. Subfactor One: Operational Plan (Acceptable/Unacceptable). The proposal is technically acceptable when it demonstrates a clear methodology/plan, which demonstrates how use of identified techniques and procedures will result in qualified personnel possessing the capabilities and experience at skill level which accomplishes the requirements outlined in following PWS sections 2.1, 2.2, 2.3, and
2.4
1.4.1.1. The Operational Plan is acceptable when the offeror provides specific evidence of knowledge, ability, and a minimum of two (2) years of experience in the operation and maintenance of the specific types of marking carts identified in the PWS to include specific experience or capability repairing and providing scheduled maintenance support. Approach must go beyond restatement of PWS requirements
1.4.1.2. The Operational Plan is acceptable when the offeror provides evidence of knowledge, ability, and a minimum of two (2) years of experience in creating labels and label templates utilizing the specific types of marking carts and software IAW MIL-STD-130 and the PWS. Evidence shall include types of labels and templates created, ability to create labels with pre-defined or previously created UII’s, what equipment and software was used to create the labels and templates and types of equipment the labels were made for. Approach must go beyond restatement of
PWS requirements
1.4.2. Subfactor Two: Experience (Acceptable/Unacceptable). The proposal is technically acceptable when it demonstrates knowledge, ability, and a minimum of two (2) years of experience maintaining and operating Triad, Bartender, Magic Mark, and Microsoft Access programming to include VBA scripting language. This shall include the ability to utilize and manipulate these software packages to produce a variety of IUID labels, part link new
NSN’s to the marking carts, pull marking reports, and query the system to ensure UII uniqueness. Approach must go beyond restatement of PWS requirements.
1.4.2.1. Proposals will be evaluated based on offeror’s demonstrated knowledge, ability, and experience registering valid IUID marks to the DoD IUID Registry. Evidence shall include utilizing EDCL, MDAT, WAWF, or like software for registration of UII’s to the DOD IUID registry and validation of UII uniqueness. Approach must go beyond restatement of PWS requirement..
1.4.2.2. Experience is acceptable when the offeror demonstrates in detail experience and approach to partner with the OEM to coordinate support of additional repair, parts, overhaul, or related issues for the equipment items listed in Appendix B of the PWS or like items fulfilling regulatory requirements defined by recency and relevancy IAW the Federal Acquisition Regulation part 15.305. Approach must go beyond restatement of PWS requirement.
2. Past Performance Factor (Acceptable/Unacceptable).
2.1. Past performance information will be gathered from offeror submissions and Government databases (e.g., Past
Performance Information Retrieval System (PPIRS), customer interviews, etc.). Only recent and relevant past performance information will be considered.
2.1.1. Recency is defined as performance less than three years old. The Government will not consider performance on contracts or task orders where performance was concluded more than three years prior to this solicitation’s issue date.
2.1.2. Relevancy is defined as work that involves similar types and complexities of services described in the RFP.
For subcontracting and contracting teaming arrangements also include information on the portion of work performed by the offeror that is considered most relevant in demonstrating the ability to perform the proposed effort.
2.2. Past performance will be rated on an “Acceptable” or “Unacceptable” basis using the following ratings.
Rating Description
Acceptable
Based on the offeror’s performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror’s performance record is unknown. (See note below).
Unacceptable
Based on the offeror’s performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort.
Note: In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available or so sparse that no meaningful past performance rating can be reasonably assigned, the offeror may not be evaluated favorably or unfavorably on past performance (see FAR 15.305 (a)(2)(iv)). Therefore, the offeror shall be determined to have unknown past performance. In the context of acceptability or unacceptability, “unknown” shall be considered “Acceptable.”
Technical and past performance, when combined, are Equal.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAR 2016)
(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 (Sept 2006), with Alternate I (Oct 1995) (41
U.S.C. 4704 and 10 U.S.C. 2402).
____ (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 (June
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).
____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 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).
____ (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).
____ (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).
____ (ii) Alternate I (NOV 2011).
____ (iii) Alternate II (NOV 2011).
____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
____ (ii) Alternate I (Oct 1995) of 52.219-7.
____ (iii) Alternate II (Mar 2004) of 52.219-7.
____ (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)).
____ (ii) Alternate I (Oct 2001) of 52.219-9.
____ (iii) Alternate II (Oct 2001) of 52.219-9.
____ (iv) Alternate III (Oct 2015) of 52.219-9.
____ (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—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.
657f).
X (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 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) (15 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 (FEB 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 (July 2014) (29 U.S.C. 793).
X (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (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).
____ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).
____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
X (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.)
____ (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).
____ (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).
____ (ii) Alternate I (Jun 2014) of 52.223-14.
X (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
X (39)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s
13423 and 13514).
____ (ii) Alternate I (Jun 2014) 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.
____ (ii) Alternate I (May 2014) of 52.225-3.
____ (iii) Alternate II (May 2014) of 52.225-3.
____ (iv) Alternate III (May 2014) of 52.225-3.
____ (43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
____ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the 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 (July 2013) (31 U.S.C.
3332).
____ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (July
2013) (31 U.S.C. 3332).
____ (52) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
X (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).
____ (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).
_____ (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).
_____(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 (Sept 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 this paragraph (e)(1)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 (Feb 2016) (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) _____ (A) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O.
13627).
_____ (B) Alternate I (March 2, 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 paragraph (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.
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (OCT 2014)
(a) Definitions. As used in this provision--
Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business concern eligible under the WOSB Program.
Service-disabled veteran-owned small business concern--
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under…
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