FA8773-17-R-8005,_CyOFTS_II.docx
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- Cyber Operations Formal Training Support (CyOFTS II) Federal contract opportunity
- Solicitation number
- FA8773-17-R-8005
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FA877317R8005
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Months |
Transition Period
FFP
Services non-personal: The contractor shall furnish all labor necessary to transition operations IAW PWS Section 3 and contract terms and conditions FOB: Destination
SIGNAL CODE: A
NET AMT
FSC CD: U099
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 11 |
| Months |
Labor Recurring Support Services
Services non-personal: The contractor shall perform all tasks necessary to support recurring support services for the 39 IOS, IAW PWS Section 3 and the contract terms and conditions
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Data
The contractor shall provide data IAW PWS and Contract Data Requirements List (CDRLs) DD Form 1423s attached hereto. The CLIN is not separately priced (NSP)
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
Other Direct Costs (ODC)
COST
Material authroized under the CLIN shall be reimbursed on a cost reimbursable basis IAW the terms and conditions of the contract. This is a Not to Exceed (NTE) $__________. Profit or fee is not allowed on this CLIN.
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
Travel
COST
Travel authorized under this item shall be reimbursed at cost, as limited by FAR 31.205-46(a). This is a Not to Exceed (NTE) $_________. Profit or fee is not allowed on this CLIN.
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| Labor Recurring Support Services |
FFP
Services non-personal: The contractor shall perform all tasks necessary to support recurring support services for the 39 IOS, IAW PWS Section 3 and the contract terms and conditions
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| OPTION |
| Data |
FFP
The contractor shall provide data IAW PWS and Contract Data Requirements List (CDRLs) DD Form 1423s attached hereto. The CLIN is not separately priced (NSP)
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
| OPTION |
| Other Direct Costs (ODC) |
COST
Material authroized under the CLIN shall be reimbursed on a cost reimbursable basis IAW the terms and conditions of the contract. This is a Not to Exceed (NTE) $__________. Profit or fee is not allowed on this CLIN.
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
| OPTION |
| Travel |
COST
Travel authorized under this item shall be reimbursed at cost, as limited by FAR 31.205-46(a). This is a Not to Exceed (NTE) $_________. Profit or fee is not allowed on this CLIN.
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| Labor Recurring Support Services |
FFP
Services non-personal: The contractor shall perform all tasks necessary to support recurring support services for the 39 IOS, IAW PWS Section 3 and the contract terms and conditions
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| OPTION |
| Data |
FFP
The contractor shall provide data IAW PWS and Contract Data Requirements List (CDRLs) DD Form 1423s attached hereto. The CLIN is not separately priced (NSP)
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
| OPTION |
| Other Direct Costs (ODC) |
COST
Material authroized under the CLIN shall be reimbursed on a cost reimbursable basis IAW the terms and conditions of the contract. This is a Not to Exceed (NTE) $__________. Profit or fee is not allowed on this CLIN.
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
| OPTION |
| Travel |
COST
Travel authorized under this item shall be reimbursed at cost, as limited by FAR 31.205-46(a). This is a Not to Exceed (NTE) $_________. Profit or fee is not allowed on this CLIN.
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| Labor Recurring Support Services |
FFP
Services non-personal: The contractor shall perform all tasks necessary to support recurring support services for the 39 IOS, IAW PWS Section 3 and the contract terms and conditions
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| OPTION |
| Data |
FFP
The contractor shall provide data IAW PWS and Contract Data Requirements List (CDRLs) DD Form 1423s attached hereto. The CLIN is not separately priced (NSP)
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
| OPTION |
| Other Direct Costs (ODC) |
COST
Material authroized under the CLIN shall be reimbursed on a cost reimbursable basis IAW the terms and conditions of the contract. This is a Not to Exceed (NTE) $__________. Profit or fee is not allowed on this CLIN.
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
| OPTION |
| Travel |
COST
Travel authorized under this item shall be reimbursed at cost, as limited by FAR 31.205-46(a). This is a Not to Exceed (NTE) $_________. Profit or fee is not allowed on this CLIN.
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Months |
| OPTION |
| Labor Recurring Support Services |
FFP
Services non-personal: The contractor shall perform all tasks necessary to support recurring support services for the 39 IOS, IAW PWS Section 3 and the contract terms and conditions
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| OPTION |
| Data |
FFP
The contractor shall provide data IAW PWS and Contract Data Requirements List (CDRLs) DD Form 1423s attached hereto. The CLIN is not separately priced (NSP)
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
| OPTION |
| Other Direct Costs (ODC) |
COST
Material authroized under the CLIN shall be reimbursed on a cost reimbursable basis IAW the terms and conditions of the contract. This is a Not to Exceed (NTE) $__________. Profit or fee is not allowed on this CLIN.
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Lot
| OPTION |
| Travel |
COST
Travel authorized under this item shall be reimbursed at cost, as limited by FAR 31.205-46(a). This is a Not to Exceed (NTE) $_________. Profit or fee is not allowed on this CLIN.
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 6 |
| Months |
| OPTION |
| Labor Recurring Support Services |
FFP
Services non-personal: The contractor shall perform all tasks necessary to support recurring support services for the 39 IOS, IAW PWS Section 3 and the contract terms and conditions
NET AMT
Section E - Inspection and Acceptance
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 |
| N/A |
| N/A |
| N/A |
| N/A |
| 0004 |
| Destination |
| Government |
| Destination |
| Government |
| 0005 |
| Destination |
| Government |
| Destination |
| Government |
| 1002 |
| Destination |
| Government |
| Destination |
| Government |
| 1003 |
| N/A |
| N/A |
| N/A |
| N/A |
| 1004 |
| Destination |
| Government |
| Destination |
| Government |
| 1005 |
| Destination |
| Government |
| Destination |
| Government |
| 2002 |
| Destination |
| Government |
| Destination |
| Government |
| 2003 |
| N/A |
| N/A |
| N/A |
| N/A |
| 2004 |
| Destination |
| Government |
| Destination |
| Government |
| 2005 |
| Destination |
| Government |
| Destination |
| Government |
| 3002 |
| Destination |
| Government |
| Destination |
| Government |
| 3003 |
| N/A |
| N/A |
| N/A |
| N/A |
| 3004 |
| Destination |
| Government |
| Destination |
| Government |
| 3005 |
| Destination |
| Government |
| Destination |
| Government |
| 4002 |
| Destination |
| Government |
| Destination |
| Government |
| 4003 |
| N/A |
| N/A |
| N/A |
| N/A |
| 4004 |
| Destination |
| Government |
| Destination |
| Government |
| 4005 |
| Destination |
| Government |
| Destination |
| Government |
| 5002 |
| Destination |
| Government |
| Destination |
| Government |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| POP 01-JUN-2018 TO |
30-JUN-2018
| N/A |
| 39 IOS - F2FT05 |
208 HARTSON ST
HURLBURT FIELD FL 32544
DSN 579-3495
F2FT05
| 0002 |
| POP 01-JUL-2018 TO |
31-MAY-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F2FT05
| 0003 |
| N/A |
| N/A |
| N/A |
| N/A |
| 0004 |
| POP 01-JUL-2018 TO |
31-MAY-2019
| N/A |
| 39 IOS - F2FT05 |
208 HARTSON ST
HURLBURT FIELD FL 32544
DSN 579-3495
F2FT05
| 0005 |
| POP 01-JUL-2018 TO |
31-MAY-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F2FT05
| 1002 |
| POP 01-JUN-2019 TO |
31-MAY-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F2FT05
| 1003 |
| N/A |
| N/A |
| N/A |
| N/A |
| 1004 |
| POP 01-JUN-2019 TO |
31-MAY-2020
| N/A |
| 39 IOS - F2FT05 |
208 HARTSON ST
HURLBURT FIELD FL 32544
DSN 579-3495
F2FT05
| 1005 |
| POP 01-JUN-2019 TO |
31-MAY-2020
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F2FT05
| 2002 |
| POP 01-JUN-2020 TO |
31-MAY-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F2FT05
| 2003 |
| N/A |
| N/A |
| N/A |
| N/A |
| 2004 |
| POP 01-JUN-2020 TO |
31-MAY-2021
| N/A |
| 39 IOS - F2FT05 |
208 HARTSON ST
HURLBURT FIELD FL 32544
DSN 579-3495
F2FT05
| 2005 |
| POP 01-JUN-2020 TO |
30-JUN-2021
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F2FT05
| 3002 |
| POP 01-JUN-2021 TO |
31-MAY-2022
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F2FT05
| 3003 |
| N/A |
| N/A |
| N/A |
| N/A |
| 3004 |
| POP 01-JUN-2021 TO |
31-MAY-2022
| N/A |
| 39 IOS - F2FT05 |
208 HARTSON ST
HURLBURT FIELD FL 32544
DSN 579-3495
F2FT05
| 3005 |
| POP 01-JUN-2021 TO |
31-MAY-2022
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F2FT05
| 4002 |
| POP 01-JUN-2022 TO |
31-MAY-2023
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F2FT05
| 4003 |
| N/A |
| N/A |
| N/A |
| N/A |
| 4004 |
| POP 01-JUN-2022 TO |
31-MAY-2023
| N/A |
| 39 IOS - F2FT05 |
208 HARTSON ST
HURLBURT FIELD FL 32544
DSN 579-3495
F2FT05
| 4005 |
| POP 01-JUN-2022 TO |
31-MAY-2023
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F2FT05
| 5002 |
| POP 01-JUN-2023 TO |
30-NOV-2023
| N/A |
| (SAME AS PREVIOUS LOCATION) |
F2FT05
Section G - Contract Administration Data
CLAUSES INCORPORATED BY REFERENCE
| 52.245-1 |
| Government Property |
| JAN 2017 |
| 252.211-7007 |
| Reporting of Government-Furnished Property |
| AUG 2012 |
| 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 |
| SEP 2016 |
Section I - Contract Clauses
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| MAY 2014 |
| 52.203-10 |
| Price Or Fee Adjustment For Illegal Or Improper Activity |
| MAY 2014 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| OCT 2010 |
| 52.203-13 |
| Contractor Code of Business Ethics and Conduct |
| OCT 2015 |
| 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 |
| 52.204-13 |
| System for Award Management Maintenance |
| OCT 2016 |
| 52.204-19 |
| Incorporation by Reference of Representations and Certifications. |
| DEC 2014 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| OCT 2015 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| NOV 2015 |
| 52.210-1 |
| Market Research |
| APR 2011 |
| 52.215-2 |
| Audit and Records--Negotiation |
| OCT 2010 |
| 52.215-10 |
| Price Reduction for Defective Certified Cost or Pricing Data |
| AUG 2011 |
| 52.215-11 |
| Price Reduction for Defective Certified Cost or Pricing Data--Modifications |
| AUG 2011 |
| 52.215-13 |
| Subcontractor Certified Cost or Pricing Data--Modifications |
| OCT 2010 |
| 52.215-15 |
| Pension Adjustments and Asset Reversions |
| OCT 2010 |
| 52.215-16 |
| Facilities Capital Cost of Money |
| JUN 2003 |
| 52.215-17 |
| Waiver of Facilities Capital Cost of Money |
| OCT 1997 |
| 52.215-19 |
| Notification of Ownership Changes |
| OCT 1997 |
| 52.215-20 |
| Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data |
| OCT 2010 |
| 52.215-21 |
| Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications |
| OCT 2010 |
| 52.215-22 |
| Limitations on Pass-Through Charges--Identification of Subcontract Effort |
| OCT 2009 |
| 52.215-23 |
| Limitations on Pass-Through Charges |
| OCT 2009 |
| 52.216-7 |
| Allowable Cost And Payment |
| JUN 2013 |
| 52.216-8 |
| Fixed Fee |
| JUN 2011 |
| 52.216-11 |
| Cost Contract--No Fee |
| APR 1984 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| NOV 2016 |
| 52.219-9 |
| Small Business Subcontracting Plan |
| JAN 2017 |
| 52.219-14 |
| Limitations On Subcontracting |
| JAN 2017 |
| 52.219-16 |
| Liquidated Damages-Subcontracting Plan |
| JAN 1999 |
| 52.219-27 |
| Notice of Service-Disabled Veteran-Owned Small Business Set-Aside |
| NOV 2011 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 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 |
| 52.222-54 |
| Employment Eligibility Verification |
| OCT 2015 |
| 52.223-5 |
| Pollution Prevention and Right-to-Know Information |
| MAY 2011 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-11 |
| Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons. |
| JUN 2016 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 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 |
| 52.229-3 |
| Federal, State And Local Taxes |
| FEB 2013 |
| 52.232-1 |
| Payments |
| APR 1984 |
| 52.232-8 |
| Discounts For Prompt Payment |
| FEB 2002 |
| 52.232-11 |
| Extras |
| APR 1984 |
| 52.232-17 |
| Interest |
| MAY 2014 |
| 52.232-18 |
| Availability Of Funds |
| APR 1984 |
| 52.232-23 |
| Assignment Of Claims |
| MAY 2014 |
| 52.232-25 |
| Prompt Payment |
| JAN 2017 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| JUL 2013 |
| 52.232-37 |
| Multiple Payment Arrangements |
| MAY 1999 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| DEC 2013 |
| 52.233-1 |
| Disputes |
| MAY 2014 |
| 52.233-1 Alt I |
| Disputes (May 2014) - Alternate I |
| DEC 1991 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-3 Alt I |
| Protest After Award (Aug 1996) - Alternate I |
| JUN 1985 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.237-2 |
| Protection Of Government Buildings, Equipment, And Vegetation |
| APR 1984 |
| 52.237-3 |
| Continuity Of Services |
| JAN 1991 |
| 52.239-1 |
| Privacy or Security Safeguards |
| AUG 1996 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.242-15 Alt I |
| Stop-Work Order (Aug 1989) - Alternate I |
| APR 1984 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.243-1 |
| Changes--Fixed Price |
| AUG 1987 |
| 52.243-1 Alt II |
| Changes--Fixed-Price (Aug 1987) - Alternate II |
| APR 1984 |
| 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 |
| 52.246-5 |
| Inspection Of Services Cost-Reimbursement |
| APR 1984 |
| 52.246-25 |
| Limitation Of Liability--Services |
| FEB 1997 |
| 52.249-2 |
| Termination For Convenience Of The Government (Fixed-Price) |
| APR 2012 |
| 52.249-8 |
| Default (Fixed-Price Supply & Service) |
| APR 1984 |
| 52.249-14 |
| Excusable Delays |
| APR 1984 |
| 52.252-2 |
| Clauses Incorporated By Reference |
| FEB 1998 |
| 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 |
| 252.203-7003 |
| Agency Office of the Inspector General |
| DEC 2012 |
| 252.203-7004 |
| Display of Hotline Posters |
| OCT 2016 |
| 252.204-7000 |
| Disclosure Of Information |
| OCT 2016 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7005 |
| Oral Attestation of Security Responsibilities |
| NOV 2001 |
| 252.204-7012 |
| Safeguarding Covered Defense Information and Cyber Incident Reporting |
| OCT 2016 |
| 252.205-7000 |
| Provision Of Information To Cooperative Agreement Holders |
| DEC 1991 |
| 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 |
| 252.222-7006 |
| Restrictions on the Use of Mandatory Arbitration Agreements |
| DEC 2010 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| DEC 2016 |
| 252.225-7013 |
| Duty-Free Entry--Basic (May 2016) |
| MAY 2016 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| SEP 2004 |
| 252.227-7025 |
| Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends |
| MAY 2013 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.237-7010 |
| Prohibition on Interrogation of Detainees by Contractor Personnel |
| JUN 2013 |
| 252.237-7023 |
| Continuation of Essential Contractor Services |
| OCT 2010 |
| 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 |
| 252.245-7001 |
| 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 |
| SEP 2016 |
| 252.246-7004 |
| Safety of Facilities, Infrastructure, and Equipment for Military Operations |
| OCT 2010 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| APR 2014 |
CLAUSES INCORPORATED BY FULL TEXT
52.203-3 GRATUITIES (APR 1984)
(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--
(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and
(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.
(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.
(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--
(1) To pursue the same remedies as in a breach of the contract; and
(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)
(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.
(End of clause)
52.203-5 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
(a) The Contractor warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.
(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business, that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence.
"Bona fide employee," as used in this clause, means a person, employed by a contractor and subject to the contractor's supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence.
"Contingent fee," as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract.
"Improper influence," as used in this clause, means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter.
52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
(a) Except as provided in (b) of this clause, the Contractor shall not enter into any agreement with an actual or prospective subcontractor, nor otherwise act in any manner, which has or may have the effect of restricting sales by such subcontractors directly to the Government of any item or process (including computer software) made or furnished by the subcontractor under this contract or under any follow-on production contract.
(b) The prohibition in (a) of this clause does not preclude the Contractor from asserting rights that are otherwise authorized by law or regulation.
(c) The Contractor agrees to incorporate the substance of this clause, including this paragraph (c), in all subcontracts under this contract which exceed the simplified acquisition threshold.
52.203-7 ANTI-KICKBACK PROCEDURES. (MAY 2014)
(a) Definitions.
"Kickback," as used in this clause, means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided to any prime Contractor, prime Contractor employee, subcontractor, or subcontractor employee for the purpose of improperly obtaining or rewarding favorable treatment in connection with a prime contract or in connection with a subcontract relating to a prime contract.
"Person," as used in this clause, means a corporation, partnership, business association of any kind, trust, joint-stock company, or individual.
"Prime contract," as used in this clause, means a contract or contractual action entered into by the United States for the purpose of obtaining supplies, materials, equipment, or services of any kind.
"Prime Contractor," as used in this clause, means a person who has entered into a prime contract with the United States.
"Prime Contractor employee," as used in this clause, means any officer, partner, employee, or agent of a prime Contractor.
"Subcontract," as used in this clause, means a contract or contractual action entered into by a prime Contractor or subcontractor for the purpose of obtaining supplies, materials, equipment, or services of any kind under a prime contract.
"Subcontractor," as used in this clause, (1) means any person, other than the prime Contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a prime contract or a subcontract entered into in connection with such prime contract, and (2) includes any person who offers to furnish or furnishes general supplies to the prime Contractor or a higher tier subcontractor.
"Subcontractor employee," as used in this clause, means any officer, partner, employee, or agent of a subcontractor.
(b) 41 U.S.C. chapter 87, Kickbacks, prohibits any person from--
(1) Providing or attempting to provide or offering to provide any kickback;
(2) Soliciting, accepting, or attempting to accept any kickback; or
(3) Including, directly or indirectly, the amount of any kickback in the contract price charged by a prime Contractor to the United States or in the contract price charged by a subcontractor to a prime Contractor or higher tier subcontractor.
(c)(1) The Contractor shall have in place and follow reasonable procedures designed to prevent and detect possible violations described in paragraph (b) of this clause in its own operations and direct business relationships.
(2) When the Contractor has reasonable grounds to believe that a violation described in paragraph (b) of this clause may have occurred, the Contractor shall promptly report in writing the possible violation. Such reports shall be made to the inspector general of the contracting agency, the head of the contracting agency if the agency does not have an inspector general, or the Attorney General.
(3) The Contractor shall cooperate fully with any Federal agency investigating a possible violation described in paragraph (b) of this clause.
(4) The Contracting Officer may (i) offset the amount of the kickback against any monies owed by the United States under the prime contract and/or (ii) direct that the Prime Contractor withhold, from sums owed a subcontractor under the prime contract, the amount of any kickback. The Contracting Officer may order the monies withheld under subdivision (c)(4)(ii) of this clause be paid over to the Government unless the Government has already offset those monies under subdivision (c)(4)(i) of this clause. In either case, the Prime Contractor shall notify the Contracting Officer when the monies are withheld.
(5) The Contractor agrees to incorporate the substance of this clause, including this subparagraph (c)(5) but excepting subparagraph (c)(1), in all subcontracts under this contract which exceed $150,000.
52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)
(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.
(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--
(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--
(i) Government personnel and authorized users performing business on behalf of the Government; or
(ii) The Contractor, when viewing data on itself; and
(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--
(i) Past performance reviews required by subpart 42.15;
(ii) Information that was entered prior to April 15, 2011; or
(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.
(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.
(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.
(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.
(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.
(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.
52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
Any inconsistency in this solicitation or contract shall be resolved by giving precedence in the following order:
(a) The Schedule (excluding the specifications).
(b) Representations and other instructions.
(c) Contract clauses.
(d) Other documents, exhibits, and attachments.
(e) The specifications.
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days.
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 unless a before the contract expires. The preliminary notice does not commit the Government to an extension.
(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 66 months.
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JULY 2013)
(a) Definitions. As used in this clause--
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 611420- assigned to contract number .
(Contractor to sign and date and insert authorized signer's name and title).
52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.
(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.
52.246-3 INSPECTION OF SUPPLIES--COST-REIMBURSEMENT (MAR 2001)
(a) Definitions. As used in this clause --
"Contractor's managerial personnel," means any of the Contractor's directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of--
(1) All or substantially all of the Contractor's business;
(2) All or substantially all of the Contractor's operation at a plant or separate location where the contract is being performed; or
(3) A separate and complete major industrial operation connected with performing this contract.
"Supplies," includes but is not limited to raw materials, components, intermediate assemblies, end products, lots of supplies, and, when the contract does not include the Warranty of Data clause, data.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the supplies, fabricating methods, and special tooling under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test the contract supplies, to the extent practicable at all places and times, including the period of manufacture, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in the contract performance. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspection or test on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) Unless otherwise specified in the contract, the Government shall accept supplies as promptly as practicable after delivery, and supplies shall be deemed accepted 60 days after delivery, unless accepted earlier.
(f) At any time during contract performance, but no later than 6 months (or such other time as may be specified in the contract) after acceptance of the supplies to be delivered under the contract, the Government may require the Contractor to replace or correct any supplies that are nonconforming at time of delivery. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with contract requirements. Except as otherwise provided in paragraph (h) below, the cost of replacement or correction shall be included in allowable cost, determined as provided in the Allowable Cost and Payment clause, but no additional fee shall be paid. The Contractor shall not tender for acceptance supplies required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.
(g)(1) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, the Government may--
(i) By contract or otherwise, perform the replacement or correction and charge to the Contractor any increased cost or make an equitable reduction in any fixed fee paid or payable under the contract;
(ii) Require delivery of undelivered supplies at an equitable reduction in any fixed fee paid or payable under the contract; or
(iii) Terminate the contract for default.
(2) Failure to agree on the amount of increased cost to be charged to the Contractor or to the reduction in the fixed fee shall be a dispute.
(h) Notwithstanding paragraphs (f) and (g) above, the Government may at any time require the Contractor to correct or replace, without cost to the Government, nonconforming supplies, if the nonconformances are due to (1) fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel or (2) the conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.
(i) This clause applies in the same manner to corrected or replacement supplies as to supplies originally delivered.
(j) The Contractor shall have no obligation or liability under this contract to replace supplies that were nonconforming at the time of delivery, except as provided in this clause or as may be otherwise provided in the contract.
(k) Except as otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any DFARS (48 CFR 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
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).
Invoice 2 in 1
(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
Inspection: Government Acceptance: 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 | F87700 | ||
| Issue By DoDAAC | FA8773 | ||
| Admin DoDAAC | FA8773 | ||
| Inspect By DoDAAC | FA8773 | ||
| Ship To Code | FA8773 | ||
| Ship From Code | FA8773 | ||
| Mark For Code | ____ | ||
| Service Approver (DoDAAC) | ____ | ||
| Service Acceptor (DoDAAC) | FA8773 | ||
| Accept at Other DoDAAC | ____ | ||
| LPO DoDAAC | ____ | ||
| DCAA Auditor DoDAAC | ____ | ||
| Other DoDAAC(s) | ____ |
(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)
(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.
Shela.colon.1@us.af.mil Scott.runyan@us.af.mil
(Contracting Officer: Insert applicable email addresses or “Not applicable.”)
(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.
Shela.colon.1@us.af.mil 405-736-8736
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)
(a) Contract line item(s) is/are incrementally funded. For this/these item(s), the sum of $---- of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.
(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT".
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "disputes."
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract if fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or (e) of this clause.
(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract $--
(month) (day), (year) $----
(month) (day), (year) $----
(month) (day), (year) $----
5352.201-9101 Ombudsman Jun 2016
(a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern.
(b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 competition performance decisions).
(c) If resolution cannot be made by the contracting officer, the interested party may contact the ombudsman, Senior Contracting Official at AFICA/KS 150 Vandenberg St Peterson AFB, CO 80914-1105 Phone: 719-554-5300
FAX: 719-554-5299
Afica.ks.wf@us.af.mil
Concerns, issues, disagreements, and recommendations that cannot be resolved at the…
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