Solicitation_FA8224-18-R-0008.pdf
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- Attached to
- Depot On-Site Contract Augmentee Teams 4th Generation (DOCAT4) Federal contract opportunity
- Solicitation number
- FA8224-18-R-0008
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DOCAT4 Solicitation FA8224-18-R-0008
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Text version
CODE
(Hour)
PAGE(S)
until 04:00 PM local time 29 Jan 2018
X
A
X B
C
D
E
X
G
F 73 - 81
82 - 85
H 86 brady .smith@us.af.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
1 86
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
FA8224 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
6038 Aspen Ave. Bldg 1289NE conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
BRADY SMITH 801-777-3484
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 - 2
3 - 17
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE 18 - 19
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 20 - 21 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror)
X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIO NS AND INSTRUCTIO NS
PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS
22 - 71
PART II - CO NTRACT CLAUSES
OL:H/PZIE
BRADY SMITH 6038 ASPEN AVE BLDG 1289
HILL AFB UT 84056-5805
801-777-3484
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
20 Dec 2017
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
FA822418R0008
Section A - Solicitation/Contract Form
NOTICE TO OFFERORS
Notice to Offeror(s)/Supplier(s): Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Lot Labor
FFP
**5 Year Basic Ordering Period**
Contractor shall provide all qualified personnel, management, and labor necessary to perform DOCAT4 requirements IAW the Performance Work Statement (PWS).
Quantity, Place of Performance, and Point of Contact (POC) for
Inspection/Acceptance will be identified at the individual Task Orders.
Rates are contractually binding as Not-To-Exceed hourly rates for Labor, Surge, and Overtime on Task Orders.
FOB: Destination
SIGNAL CODE: A
NET AMT
FSC CD: J018
0002 Lot Surge Workload
FFP
**5 Year Basic Ordering Period**
The contractor shall, when directed and authorized by the Contracting Officer, provide Surge support in accordance with IAW the Performance Work Statement
(PWS). This CLIN shall be subject to the limitations and instructions of the identified within the PWS.
0003 Lot Other Direct Costs (ODC)
COST
**5 Year Basic Ordering Period**
Contractor is to provide Other Direct Costs (ODC) in support of the services IAW the PWS. Any ODC shall be approved by Contracting Officer and billed as Cost
Reimburseable No Fee.
0004 Lot Travel
COST
**5 Year Basic Ordering Period**
The contractor shall be responsible for making their own travel and lodging arrangements as necessary to support the requirement. Airfare, lodging, and per diem shall be billed IAW FAR 31.205-46 and the Joint Travel Regulation (JTR).
Any Travel shall be approved by Contracting Officer and billed as Cost
Reimburseable No Fee.
0005 Lot Data
FFP
**THIS CLIN IS NOT SEPARATELY PRICED**
**5 Year Basic Ordering Period**
The contractor shall provide and deliver data required for DOCAT4 IAW the
Contract Data Requirements List (CDRL) outlined in the PWS. See attached list of
CDRLs A001-A004.
See Exhibit A
0006 Lot Over-and-Above
FFP
**5 Year Basic Ordering Period**
The contractor shall support extended production (overtime) work hours IAW the
PWS. The contractor shall work over and above, with prior approval from the respective program manager, COR, or contracting officer. Any unused days shall not be billed for.
0007 Lot Transition-In
FFP
**5 Year Basic Ordering Period**
All anticipated transition-in costs (for applicable task orders) shall be separately proposed under this Transition-In CLIN. All transition-in costs shall be IAW the
PWS.
0008 Lot Post Award Conference
FFP
The contractor shall attend a Post Award Orientation Conference. Attendance and submission of a Safety Plan is mandatory and will serve to fulfill the contract’s minimum guarantee amount.
PLEASE NOTE - A UNIT PRICE FOR CLIN 0008 IS NOT REQUIRED;
MINIMUM GUARANTEE WILL BE FULFILLED WITH CONTRACTOR
ATTENDANCE AT THE POST AWARD ORIENTATION CONFERENCE.
MINIMUM GUARANTEE AMOUNT IS DETERMINED BY THE
GOVERNMENT AND WILL NOT BE INCLUDED IN TOTAL EVALUATED
PRICE CALCULATIONS.
1001 Lot OPTION Labor
FFP
**6 Month Task Order Option for the 5 Year Ordering Period**
1002 Lot OPTION Surge Workload
FFP
**6 Month Task Order Option for the 5 Year Ordering Period**
The contractor shall, when directed and authorized by the Contracting Officer, provide Surge support in accordance with IAW the Performance Work Statement
1003 Lot OPTION Other Direct Costs (ODC)
COST
**6 Month Task Order Option for the 5 Year Ordering Period**
Contractor is to provide Other Direct Costs (ODC) in support of the services IAW the PWS. Any ODC shall be approved by Contracting Officer and billed as Cost
Reimburseable No Fee.
1004 Lot OPTION Travel
COST
**6 Month Task Order Option for the 5 Year Ordering Period**
The contractor shall be responsible for making their own travel and lodging arrangements as necessary to support the requirement. Airfare, lodging, and per diem shall be billed IAW FAR 31.205-46 and the Joint Travel Regulation (JTR).
Any Travel shall be approved by Contracting Officer and billed as Cost
Reimburseable No Fee.
1005 Lot OPTION Data
FFP
**6 Month Task Order Option for the 5 Year Ordering Period**
**THIS CLIN IS NOT SEPARATELY PRICED**
The contractor shall provide and deliver data required for DOCAT4 IAW the
Contract Data Requirements List (CDRL) outlined in the PWS. See attached list of
CDRLs B001-B004.
See Exhibit B
1006 Lot OPTION Over-and-Above
FFP
**6 Month Task Order Option for the 5 Year Ordering Period**
The contractor shall support extended production (overtime) work hours IAW the
PWS. The contractor shall work over and above, with prior approval from the
2001 Lot OPTION Labor
FFP
**1 Year Ordering Extension**
2002 Lot OPTION Surge Workload
FFP
**1 Year Ordering Extension**
The contractor shall, when directed and authorized by the Contracting Officer, provide Surge support in accordance with IAW the Performance Work Statement
2003 Lot OPTION Other Direct Costs (ODC)
COST
**1 Year Ordering Extension**
Contractor is to provide Other Direct Costs (ODC) in support of the services IAW the PWS. Any ODC shall be approved by Contracting Officer and billed as Cost
Reimburseable No Fee.
2004 Lot OPTION Travel
COST
**1 Year Ordering Extension**
The contractor shall be responsible for making their own travel and lodging arrangements as necessary to support the requirement. Airfare, lodging, and per diem shall be billed IAW FAR 31.205-46 and the Joint Travel Regulation (JTR).
Any Travel shall be approved by Contracting Officer and billed as Cost
Reimburseable No Fee.
2005 Lot OPTION Data
FFP
**1 Year Ordering Extension**
**THIS CLIN IS NOT SEPARATELY PRICED**
The contractor shall provide and deliver data required for DOCAT4 IAW the
Contract Data Requirements List (CDRL) outlined in the PWS. See attached list of
CDRLs C001-C004.
See Exhibit C
2006 Lot OPTION Over-and-Above
FFP
**1 Year Ordering Extension**
The contractor shall support extended production (overtime) work hours IAW the
PWS. The contractor shall work over and above, with prior approval from the
2007 Lot OPTION Transition-In
FFP
**1 Year Ordering Extension**
All anticipated transition-in costs (for applicable task orders) shall be separately proposed under this Transition-In CLIN. All transition-in costs shall be IAW the
PWS.
3001 Lot OPTION Labor
FFP
**6 Month Task Order Option for the 1 Year Ordering Extension**
3002 Lot OPTION Surge Workload
FFP
**6 Month Task Order Option for the 1 Year Ordering Extension**
The contractor shall, when directed and authorized by the Contracting Officer, provide Surge support in accordance with IAW the Performance Work Statement
3003 Lot OPTION Other Direct Costs (ODC)
COST
**6 Month Task Order Option for the 1 Year Ordering Extension**
Contractor is to provide Other Direct Costs (ODC) in support of the services IAW the PWS. Any ODC shall be approved by Contracting Officer and billed as Cost
Reimburseable No Fee.
3004 Lot OPTION Travel
COST
**6 Month Task Order Option for the 1 Year Ordering Extension**
The contractor shall be responsible for making their own travel and lodging arrangements as necessary to support the requirement. Airfare, lodging, and per diem shall be billed IAW FAR 31.205-46 and the Joint Travel Regulation (JTR).
Any Travel shall be approved by Contracting Officer and billed as Cost
Reimburseable No Fee.
3005 Lot OPTION Data
FFP
**6 Month Task Order Option for the 1 Year Ordering Extension**
**THIS CLIN IS NOT SEPARATELY PRICED**
The contractor shall provide and deliver data required for DOCAT4 IAW the
Contract Data Requirements List (CDRL) outlined in the PWS. See attached list of
CDRLs D001-D004.
See Exhibit D
3006 Lot OPTION Over-and-Above
FFP
**6 Month Task Order Option for the 1 Year Ordering Extension**
The contractor shall support extended production (overtime) work hours IAW the
PWS. The contractor shall work over and above, with prior approval from the
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
0003 Destination Government Destination Government
0004 Destination Government Destination Government
0005 Destination Government Destination Government
0006 Destination Government Destination Government
0007 Destination Government Destination Government
0008 Destination Government Destination Government
1001 Destination Government Destination Government
1002 Destination Government Destination Government
1003 Destination Government Destination Government
1004 Destination Government Destination Government
1005 Destination Government Destination Government
1006 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
2003 Destination Government Destination Government
2004 Destination Government Destination Government
2005 Destination Government Destination Government
2006 Destination Government Destination Government
2007 Destination Government Destination Government
3001 Destination Government Destination Government
3002 Destination Government Destination Government
3003 Destination Government Destination Government
3004 Destination Government Destination Government
3005 Destination Government Destination Government
3006 Destination Government Destination Government
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 31-OCT-2018 TO
30-OCT-2024
N/A 309 MXW/FM
CAROL KAIM
309 MXW
5851 F AVE, BLDG 849
HILL AFB UT 84056-5713
586-0157
F2DCAU
0002 POP 31-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 31-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 31-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 31-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 31-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 31-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 31-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 31-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 31-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 31-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 31-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 31-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
1006 POP 31-OCT-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 31-OCT-2023 TO
30-OCT-2025
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 31-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 31-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 31-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 31-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
2006 POP 31-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
2007 POP 31-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 31-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 31-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 31-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 31-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 31-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3006 POP 31-OCT-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
Section G - Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area
WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training
Course and use the Practice Training Site before submitting payment requests through
WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data
Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in
WAWF, as specified by the contracting officer.
Inspect by Government. Accept by Government.
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC F03000
Issue By DoDAAC F2DCAU
Admin DoDAAC FA8224
Inspect By DoDAAC TBD
Ship To Code n/a
Ship From Code n/a
Mark For Code n/a
Service Approver (DoDAAC) TBD
Service Acceptor (DoDAAC) TBD
Accept at Other DoDAAC n/a
LPO DoDAAC n/a
DCAA Auditor DoDAAC n/a
Other DoDAAC(s) n/a
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send
Additional Email Notifications” field of WAWF once a document is submitted in the system.
TBD
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's
WAWF point of contact.
TBD
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015
52.203-14 Display of Hotline Poster(s) OCT 2015
52.203-16 Preventing Personal Conflicts of Interest DEC 2011
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-2 Security Requirements AUG 1996
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.207-3 Right of First Refusal of Employment MAY 2006
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.211-13 Time Extensions SEP 2000
52.215-2 Audit and Records--Negotiation OCT 2010
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.216-7 Allowable Cost And Payment JUN 2013
52.216-11 Cost Contract--No Fee APR 1984
52.216-27 Single or Multiple Awards OCT 1995
52.219-6 Notice Of Total Small Business Set-Aside NOV 2011
52.219-8 Utilization of Small Business Concerns NOV 2016
52.219-14 Limitations On Subcontracting JAN 2017
52.222-1 Notice To The Government Of Labor Disputes FEB 1997
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards- Overtime
Compensation
MAY 2014
52.222-17 Nondisplacement of Qualified Workers MAY 2014
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-22 Previous Contracts And Compliance Reports FEB 1999
52.222-25 Affirmative Action Compliance APR 1984
52.222-26 Equal Opportunity SEP 2016
52.222-35 Equal Opportunity for Veterans OCT 2015
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards MAY 2014
52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option
Contracts)
MAY 2014
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
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.224-1 Privacy Act Notification APR 1984
52.224-2 Privacy Act APR 1984
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent DEC 2007
52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.228-5 Insurance - Work On A Government Installation JAN 1997
52.228-7 Insurance--Liability To Third Persons MAR 1996
52.229-3 Federal, State And Local Taxes FEB 2013
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
52.232-17 Interest MAY 2014
52.232-18 Availability Of Funds APR 1984
52.232-23 Alt I Assignment of Claims (May 2014) - Alternate I APR 1984
52.232-25 Prompt Payment JAN 2017
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.233-1 Disputes MAY 2014
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.237-3 Continuity Of Services JAN 1991
52.242-13 Bankruptcy JUL 1995
52.242-14 Suspension of Work APR 1984
52.242-17 Government Delay Of Work APR 1984
52.243-4 Changes JUN 2007
52.243-7 Notification Of Changes JAN 2017
52.245-1 Government Property JAN 2017
52.245-9 Use And Charges APR 2012
52.246-4 Inspection Of Services--Fixed Price AUG 1996
52.246-25 Limitation Of Liability--Services FEB 1997
52.246-25 Limitation Of Liability--Services FEB 1997
52.247-34 F.O.B. Destination NOV 1991
52.248-1 Value Engineering OCT 2010
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.251-2 Interagency Fleet Management System (IFMS) Vehicles And
Related Services
JAN 1991
52.251-2 Interagency Fleet Management System (IFMS) Vehicles And
Related Services
JAN 1991
52.252-2 Clauses Incorporated By Reference FEB 1998
52.252-6 Authorized Deviations In Clauses APR 1984
52.253-1 Computer Generated Forms JAN 1991
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.204-7000 Disclosure Of Information OCT 2016
252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7005 Oral Attestation of Security Responsibilities NOV 2001
252.204-7006 Billing Instructions OCT 2005
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party
Contractor Reported Cyber Incident Information
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
OCT 2015
252.211-7007 Reporting of Government-Furnished Property AUG 2012
252.215-7000 Pricing Adjustments DEC 2012
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016
252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014
252.227-7017 Identification and Assertion of Use, Release, or Disclosure
Restrictions
JAN 2011
252.227-7022 Government Rights (Unlimited) MAR 1979
252.227-7023 Drawings and Other Data to become Property of Government MAR 1979
252.228-7001 Ground And Flight Risk JUN 2010
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006
252.233-7001 Choice of Law (Overseas) JUN 1997
252.239-7001 Information Assurance Contractor Training and Certification JAN 2008
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 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 SEP 2016
252.246-7003 Notification of Potential Safety Issues JUN 2013
252.247-7023 Transportation of Supplies by Sea APR 2014
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC
2014)
The Contractor's representations and certifications, including those completed electronically via the System for
Award Management (SAM), are incorporated by reference into the contract.
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations
Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that--
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
52.216-18 ORDERING. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 31 October
2018 through 30 October 2023. If the 1-year option is exercised in accordance with clause 52.217-9 Option to
Extend the Term of the Contract; orders may be issued from 31 October 2018 through 30 October 2024.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the
Schedule.
52.216-19 ORDER LIMITATIONS. (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $2,500.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor:
(1) Any order for a single item in excess of $40,000,000.00;
(2) Any order for a combination of items in excess of $160,000,000.00; or
(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.
(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.
Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 6 years from date of award or up to 7 years if clause 52.217-9 Option to Extend the Term of the Contract is exercised.
52.216-24 LIMITATION OF GOVERNMENT LIABILITY (APR 1984)
(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding the contract award or task order amount.
(b) The maximum amount for which the Government shall be liable if this contract is terminated is $0.00 dollars.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. This applies to an extension of the basic ordering period and the task order extensions.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 7 years.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
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 the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/content/table-small-business-size-standards.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the representation required by paragraph (b) of this clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status. The
Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the
Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in SAM, or does not have a representation in
SAM for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .
(Contractor to sign and date and insert authorized signer's name and title).
52.222-17 – Nondisplacement of Qualified Workers.
As prescribed in 22.1207, insert the following clause:
Nondisplacement of Qualified Workers (Jan 2013)
(a) “Service employee,” as used in this clause, means any person engaged in the performance of a service contract other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in 29 CFR part 541. The term “service employee” includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons.
(b) The Contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those service employees employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the service employees were hired, a right of first refusal of employment under this contract in positions for which the service employees are qualified.
(1) The Contractor and its subcontractors shall determine the number of service employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor Contractor employed in connection with performance of the work.
(2) Except as provided in paragraph (c) of this clause, there shall be no employment opening under this contract, and the Contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation.
(i) The successor Contractor and its subcontractors shall make a bona fide express offer of employment to each service employee as provided herein and shall state the time within which the service employee must accept such offer, but in no case shall the period within which the service employee must accept the offer of employment be less than 10 days.
(ii) The successor Contractor and its subcontractors shall decide any question concerning a service employee’s qualifications based upon the individual’s education and employment history, with particular emphasis on the employee’s experience on the predecessor contract, and the Contractor may utilize employment screening processes only when such processes are provided for by the contracting agency, are conditions of the service contract, and are consistent with Executive Order 13495.
(iii) Where the successor Contractor does not initially offer employment to all the predecessor contract service employees, the obligation to offer employment shall continue for 90 days after the successor contractor’s first date of performance on the contract.
(iv) An offer of employment will be presumed to be bona fide even if it is not for a position similar to the one the employee previously held, but is one for which the employee is qualified, and even if it is subject to different employment terms and conditions, including changes to pay or benefits. (See 29 CFR 9.12 for a detailed description of a bona fide offer of employment).
(c)
(1) Notwithstanding the obligation under paragraph (b) of this clause, the successor Contractor and any subcontractors (i) may employ under this contract any service employee who has worked for the contractor or subcontractor for at least three months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (ii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act, 41 U.S.C.
6701(3), and (iii) are not required to offer a right of first refusal to any service employee(s) of the predecessor contractor whom the Contractor or any of its subcontractors reasonably believes, based on the particular service employee’s past performance, has failed to perform suitably on the job (see 29 CFR 9.12(c) (4) for additional information). The successor Contractor bears the responsibility of demonstrating the appropriateness of claiming any of these exceptions.
(2) In addition, any Contractor or subcontractor that has been certified by the U.S. Small Business Administration as a HUBZone small business concern must ensure that it complies with the statutory and regulatory requirements of the HUBZone Program (e.g., it must ensure that at least 35 percent of all of its employees reside within a
HUBZone). The HUBZone small business Contractor or subcontractor must consider whether it can meet the requirements of this clause and Executive Order 13495 while also ensuring it meets the HUBZone Program’s requirements.
(3) Nothing in this clause shall be construed to permit a Contractor or subcontractor to fail to comply with any provision of any other Executive order or law. For example, the requirements of the HUBZone Program (see FAR subpart 19.13), Executive Order 11246 (Equal Employment Opportunity), and the Vietnam Era Veterans’
Readjustment Assistance Act of 1974 may conflict, in certain circumstances, with the requirements of Executive
Order 13495. All applicable laws and Executive orders must be satisfied in tandem with, and if necessary prior to, the requirements of Executive Order 13495, 29 CFR part 9, and this clause.
(d)
(1) The Contractor shall, not less than 30 days before completion of the Contractor’s performance of services on the contract, furnish the Contracting Officer with a certified list of the names of all service employees working under this contract and its subcontracts at the time the list is submitted. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts with either the current or predecessor contractors or their subcontractors. Where changes to the workforce are made after the submission of the certified list described in this paragraph, the Contractor shall, in accordance with paragraph (e) of this clause, not less than 10 days before completion of the services on this contract, furnish the Contracting Officer with an updated certified list of the names of all service employees employed within the last month of contact performance. The updated list shall also contain anniversary dates of employment, and, where applicable, dates of separation of each service employee under the contract and its predecessor contracts with either the current or predecessor Contractors or their subcontractors.
(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and, if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.
(3) The Contracting Officer will direct the predecessor Contractor to provide written notice (Appendix B to 29 CFR chapter 9) to service employees of their possible right to an offer of employment with the successor contractor.
Where a significant portion of the predecessor Contractor’s workforce is not fluent in English, the notice shall be provided in English and the language(s) with which service employees are more familiar. The written notice shall be—
(i) Posted in a conspicuous place at the worksite; or
(ii) Delivered to the service employees individually. If such delivery is via email, the notification must result in an electronic delivery receipt or some other reliable confirmation that the intended recipient received the notice.
(e)
(1) If required in accordance with 52.222-41(n), the predecessor Contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor Contractors or their subcontractors. If there are no changes to the workforce before the predecessor contract is completed, then the predecessor Contractor is not required to submit a revised list
10 days prior to completion of performance and the requirements of 52.222-41(n) are met. When there are changes to the workforce after submission of the 30-day list, the predecessor Contractor shall submit a revised certified list not less than 10 days prior to performance completion.
(2) Immediately upon receipt of the certified service employee list but not before contract award, the contracting officer shall provide the certified service employee list to the successor contractor, and if requested, to employees of the predecessor contractor or subcontractors or their authorized representatives.
(f) The Contractor and subcontractor shall maintain the following records (regardless of format, e.g., paper or electronic) of its compliance with this clause for not less than a period of three years from the date the records were created.
(1) Copies of any written offers of employment or a contemporaneous written record of any oral offers of employment, including the date, location, and attendance roster of any service employee meeting(s) at which the offers were extended, a summary of each meeting, a copy of any written notice that may have been distributed, and the names of the service employees from the predecessor contract to whom an offer was made.
(2) A copy of any record that forms the basis for any exemption claimed under this part.
(3) A copy of the service employee list provided to or received from the contracting agency.
(4) An entry on the pay records of the amount of any retroactive payment of wages or compensation under the supervision of the Administrator of the Wage and Hour Division to each service employee, the period covered by such payment, and the date of payment, and a copy of any receipt form provided by or authorized by the Wage and
Hour Division. The Contractor shall also deliver a copy of the receipt to the service employee and file the original, as evidence of payment by the Contractor and receipt by the service employee, with the Administrator or an authorized representative within 10 days after payment is made.
(g) Disputes concerning the requirements of this clause shall not be subject to the general disputes clause (52.233-1) of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR part 9. Disputes within the meaning of this clause include disputes between or among any of the following: The Contractor, the contracting agency, the U.S. Department of Labor, and the service employees under the contract or its predecessor contract. The Contracting Officer will refer any service employee who wishes to file a complaint, or ask questions concerning this contract clause, to the: Branch of Government Contracts Enforcement, Wage and Hour Division, U.S. Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210.
Contact email displaced@dol.gov .
(h) The Contractor shall cooperate in any review or investigation by the Department of Labor into possible violations of the provisions of this clause and shall make such records requested by such official(s) available for inspection, copying, or transcription upon request.
(i) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the Contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, the appropriate sanctions may be imposed and remedies invoked against the Contractor or its subcontractors, as provided in Executive Order 13495, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.
(j) The Contractor shall take such action with respect to any such subcontract as may be directed by the Secretary of
Labor as a means of enforcing such provisions, including the imposition of sanctions for noncompliance. However, if the Contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the Contractor may request that the United States, through the Secretary, enter into such litigation to protect the interests of the United States.
(k) The Contracting Officer will withhold, or cause to be withheld, from the prime Contractor under this or any other
Government contract with the same prime Contractor, such sums as an authorized official of the Department of
Labor requests, upon a determination by the Administrator, the Administrative Law Judge, or the Administrative
Review Board, that there has been a failure to comply with the terms of this clause and that wages lost as a result of the violations are due to service employees or that other monetary relief is appropriate.
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