FA8903-16-R-0009.pdf
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SOLICITATION, OFFER AND AWARD
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 350)
RATING
N
PAGE OF PAGES
1 24
2. CONTRACT NO. 3. SOLICITATION NO. 4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
5. DATE ISSUED
6. REQUISITION/PURCHASE NO.
FA8903-16-R-0009
7. ISSUED BY 772ESS/PKS CODE FA8903 8. ADDRESS OFFER TO (If other than Item 7)
772D ENTERPRISE SOURCING SQUADRON
2261 HUGHES AVE STE 163
JBSA LACKLAND TX 78236-9853
THOMAS L. STEINMAN 2103958729
THOMAS.STEINMAN.1@US.AF.MIL
NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.
SOLICITATION
9. Perform Sampling and Analysis and Drinking Well Operations and Maintenance in support of the Safe Drinking Water Act at Luke Air Force Base (AFB), Arizona.
10. FOR
INFORMATION
CALL:
A. NAME
CHRISTINA G. FERNANDEZ
B. TELEPHONE (Include area code)
(NO COLLECT CALLS)
210-395-8730
C. E-MAIL ADDRESS
christina.fernandez@us.af.mil
11. TABLE OF CONTENTS
() SEC. DESCRIPTION PAGE(S) () SEC DESCRIPTION PAGE(S)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
A SOLICITATION/CONTRACT FORM 1 I CONTRACT CLAUSES 11
B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACH.
C DESCRIPTION/SPECS./WORK STATEMENT 4 J LIST OF ATTACHMENTS 24
D PACKAGING AND MARKING 5 PART IV - REPRESENTATIONS AND INSTRUCTIONS
E INSPECTION AND ACCEPTANCE 6 K REPRESENTATIONS, CERTIFICATIONS, K - 1
F DELIVERIES OR PERFORMANCE 7 AND OTHER STATEMENTS OF OFFERORS
G CONTRACT ADMINISTRATION DATA 8 L INSTRS, CONDS, AND NOTICES TO OFFERORS L - 1
H SPECIAL CONTRACT REQUIREMENTS 10 M EVALUATION FACTORS FOR AWARD M - 1
OFFER (Must be fully completed by offeror) NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
12. In compliance with the above, the undersigned agrees, if this offer is accepted within ____90____ calendar days (60 calendar days unless a different period is inserted by the offeror) from the date of 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)
10 CALENDAR DAYS
20 CALENDAR DAYS
30 CALENDAR DAYS
CALENDAR DAYS
14. ACKNOWLEDGEMENTS OF AMENDMENTS
(The offeror acknowledges receipt of amend-
AMENDMENT NO. DATE AMENDMENT NO. DATE
ments to the SOLICITATION for offerors and related documents numbered and dated:
15A. NAME
AND
CODE FACILITY 16. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN
OFFER (Type or print)
ADDRESS
OF
OFFEROR
15B. TELEPHONE NO. (Include area code)
15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
17. SIGNATURE 18. OFFER DATE
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 COMPETI-
TION: 23. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
28. AWARD DATE
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 33 (REV. 9-97)
PREVIOUS EDITION IS UNUSABLE Prescribed by GSA ConWrite Version 6.14.7 FAR (48 CFR) 53.21(c) Created 04 Mar 2016 11:13 AM
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION B FA8903-16-R-0009
Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount
0001 __________ Noun: ENVIRONMENTAL SERVICES (LABOR)
PSC: R425
Contract type: J - FIRM FIXED PRICE Start Date: ASREQ Completion Date: ASREQ Item project mgr.: CZO Descriptive Data:
The contractor shall complete the work as outlined in the PWS, Attachment 1, dated 10 February 2016.
0002 __________ Noun: DATA -- NOT SEPARATELY PRICED (NSP)
ACRN: U
PSC: R425
DD1423 is Exhibit: AB Contract type: J - FIRM FIXED PRICE Start Date: ASREQ Completion Date: ASREQ Item project mgr.: CZO Descriptive Data:
The contractor shall provide data IAW Contract Data Requirements List (CDRL), dated 25 January 2016.
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION B FA8903-16-R-0009
SOLICITATION.
Request for Proposal FA8903-16-R-0009, Perform Sampling and Analysis and Drinking Well Operations and Maintenance in support of the Safe Drinking Water Act at Luke AFB, Arizona is a 100% Small Business Set-Aside. The Government intends to award a single contract from this solicitation utilizing Lowest Price Technically Acceptable procedures.
NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
SECTION C - DESCRIPTION/SPECS./WORK STATEMENT
SECTION C FA8903-16-R-0009
WORK DESCRIPTION/SPECIFICATION.
Work called for by the contract line items specified in SECTION B shall be performed in accordance with the Performance Work Statement (PWS) entitled, "Performance Work Statement to Perform Sampling and Analysis and Drinking Well Operations and Maintenance in support of the Safe Drinking Water Act at Luke AFB, Arizona", dated 10 February 2016; Service Contract Act Wage Determination No. 2015-5469, Revision 2, most current version, applies to this contract.
INCORPORATED DOCUMENTS/REQUIREMENTS.
The following documents are a part of this contract:
Reference Section J for Applicable Documents to be incorporated in the resultant contract.
NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
SECTION D - PACKAGING AND MARKING
SECTION D FA8903-16-R-0009
PRESERVATION, PACKAGING, PACKING AND MARKING REQUIREMENTS.
Preservation, packaging, packing, and marking shall be in accordance with PWS requirements and instructions set forth by the CO, COR, or Alternate COR as applicable.
NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
SECTION E - INSPECTION AND ACCEPTANCE
SECTION E FA8903-16-R-0009
NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.246-04 INSPECTION OF SERVICES -- FIXED-PRICE (AUG 1996)
B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
252.246-7000 MATERIAL INSPECTION AND RECEIVING REPORT (MAR 2008)
SECTION F - DELIVERIES OR PERFORMANCE
SECTION F FA8903-16-R-0009
PERIOD OF PERFORMANCE.
Period of performance under this contract shall be 12 months after date of award.
NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
52.242-15 STOP-WORK ORDER (AUG 1989)
52.242-17 GOVERNMENT DELAY OF WORK (APR 1984)
52.247-34 F.O.B. DESTINATION (NOV 1991)
SECTION G - CONTRACT ADMINISTRATION DATA
SECTION G FA8903-16-R-0009
NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
A. DEFENSE FAR SUPP CONTRACT CLAUSES IN 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).
N/A.
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.
N/A
SECTION G - CONTRACT ADMINISTRATION DATA
SECTION G FA8903-16-R-0009
(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 TBD Issue By DoDAAC FA8903 Admin DoDAAC FA8903 Inspect By DoDAAC FA8903 Ship To Code F2MUAA Ship From Code N/A Mark For Code F2MUAA Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N/A Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A
(*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 e-mail address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
Contracting Officer of record
(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.
772 ESS/PKS
Attn: Contracting Officer and Contracting Specialist 2261 Hughes Ave, Ste 163 JBSA Lackland, TX 78263-9853
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
B. OTHER CONTRACT CLAUSES IN FULL TEXT
252.204-0001 LINE ITEM SPECIFIC: SINGLE FUNDING (SEP 2009)
The payment office shall make payment using the ACRN funding of the line item being billed.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
SECTION H FA8903-16-R-0009
INCORPORATION OF SECTION K.
Section K of the solicitation is hereby incorporated by reference.
IMPLEMENTATION OF DISCLOSURE OF INFORMATION.
In order to comply with DFARS 252.204-7000, Disclosure of Information, the following copies of the information to be released are required at least 45 days prior to the scheduled release date:
(1) 1 copy(ies) to: Office of Public Affairs
(2) 1 copy(ies) to: Contracting Officer
(3) 1 copy(ies) to: Program Manager
CONTRACTOR IDENTIFICATION.
(a) Contractor personnel and their subcontractors must identify themselves as Contractors or subcontractors during meetings, telephone conversations, in electronic messages, or correspondence related to this contract.
(b) Contractor-occupied facilities on Government installations such as offices, separate rooms, or cubicles must be clearly identified with Contractor supplied signs, name plates or other identification, showing that these are work areas for Contractor or subcontractor personnel.
NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
SECTION I FA8903-16-R-0009
Contract Clauses in this section are from the FAR, Defense FAR Sup, Air Force FAR Sup, and the Air Force Materiel Command FAR Sup, and are current through the following updates:
Database_Version: 6.14.x.3700; Issued: 3/3/2016; FAR: FAC 2005-86; DFAR: DPN20150226; DL.: DL 98-021;
Class Deviations: CD 2016-O0006; AFFAR: 2002 Edition; AFAC: AFAC 2015-1001; IPN: 98-009
I. NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.202-01 DEFINITIONS (NOV 2013)
52.203-03 GRATUITIES (APR 1984)
52.203-05 COVENANT AGAINST CONTINGENT FEES (MAY 2014)
52.203-06 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (SEP 2006)
52.203-07 ANTI-KICKBACK PROCEDURES (MAY 2014)
52.203-08 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)
52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)
52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO
INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (APR 2014)
52.204-04 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT
PAPER (MAY 2011)
52.204-09 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT
AWARDS (OCT 2015)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JUL 2013)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2015)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
52.209-06 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)
52.215-02 AUDIT AND RECORDS -- NEGOTIATION (OCT 2010)
52.215-08 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
52.219-06 NOTICE OF TOTAL SMALL BUSINESS SET-ASIDE (NOV 2011)
52.219-08 UTILIZATION OF SMALL BUSINESS CONCERNS (OCT 2014)
52.219-14 LIMITATIONS ON SUBCONTRACTING (NOV 2011)
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUL 2013)
52.222-01 NOTICE TO THE GOVERNMENT OF LABOR DISPUTES (FEB 1997)
52.222-03 CONVICT LABOR (JUN 2003)
52.222-17 NONDISPLACEMENT OF QUALIFIED WORKERS (MAY 2014)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
52.222-26 EQUAL OPPORTUNITY (APR 2015)
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)
52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)
52.222-99 ESTABLISHING A MINIMUM WAGE FOR CONTRACTORS (DEVIATION) (JUN 2014)
52.223-02 AFFIRMATIVE PROCUREMENT OF BIOBASED PRODUCTS UNDER SERVICE AND
CONSTRUCTION CONTRACTS (SEP 2013)
52.223-03 HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN
1997) Para (b), Material Identification No: 'To be updated during performance if and when it becomes applicable.'
52.223-05 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
52.223-06 DRUG-FREE WORKPLACE (MAY 2001)
52.223-10 WASTE REDUCTION PROGRAM (MAY 2011)
52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)
52.223-13 ACQUISITION OF EPEAT - REGISTERED IMAGING EQUIPMENT (JUN 2014)
52.223-14 ACQUISITION OF EPEAT - REGISTERED TELEVISIONS (JUN 2014)
52.223-14 ACQUISITION OF EPEAT - REGISTERED TELEVISIONS (JUN 2014) - ALTERNATE I
(JUN 2014)
52.223-17 AFFIRMATIVE PROCUREMENT OF EPA-DESIGNATED ITEMS IN SERVICE AND
CONSTRUCTION CONTRACTS (MAY 2008)
52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING WHILE
DRIVING (AUG 2011)
52.225-05 TRADE AGREEMENTS (FEB 2016)
52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (JUN 2008)
52.227-01 AUTHORIZATION AND CONSENT (DEC 2007)
52.227-02 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT
INFRINGEMENT (DEC 2007)
52.228-05 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.229-03 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
52.232-01 PAYMENTS (APR 1984)
52.232-08 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 (JUL 2013)
52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER - SYSTEM FOR AWARD
MANAGEMENT (JUL 2013)
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS
SUBCONTRACTORS (DEC 2013)
52.233-01 DISPUTES (MAY 2014)
52.233-01 DISPUTES (MAY 2014) - ALTERNATE I (DEC 1991)
52.233-03 PROTEST AFTER AWARD (AUG 1996)
52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.237-02 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT AND VEGETATION
(APR 1984)
52.237-03 CONTINUITY OF SERVICES (JAN 1991)
52.242-13 BANKRUPTCY (JUL 1995)
52.243-01 CHANGES -- FIXED-PRICE (AUG 1987)
52.243-01 CHANGES -- FIXED-PRICE (AUG 1987) - ALTERNATE I (APR 1984)
52.246-20 WARRANTY OF SERVICES (MAY 2001)
Para (b), Period of time is 'within 60 days'
52.246-25 LIMITATION OF LIABILITY -- SERVICES (FEB 1997)
52.247-27 CONTRACT NOT AFFECTED BY ORAL AGREEMENT (APR 1984)
52.249-02 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR
2012)
52.249-08 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984)
52.253-01 COMPUTER GENERATED FORMS (JAN 1991)
B. DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
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)
252.204-7000 DISCLOSURE OF INFORMATION (AUG 2013)
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION
CONTROLS (DEC 2015)
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)
252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR
HAZARDOUS MATERIALS - BASIC (SEP 2014)
252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES (FEB 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)
252.243-7001 PRICING OF CONTRACT MODIFICATIONS (DEC 1991)
252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT (DEC 2012)
252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA - BASIC (APR 2014)
C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES
5352.201-9101 OMBUDSMAN (NOV 2015)
Para (c). Ombudsmen names, addresses, phone numbers, fax, and email addresses.
'Air Force Installation Contracting Agency (AFICA)/KP Director 1940 Allbrook Drive, Building 1 Wright-Patterson AFB OH 45433 Phone: (937) 257-5529' 5352.223-9000 ELIMINATION OF USE OF CLASS I OZONE DEPLETING SUBSTANCES (ODS) (NOV
2012)
5352.223-9001 HEALTH AND SAFETY ON GOVERNMENT INSTALLATIONS (NOV 2012)
5352.242-9000 CONTRACTOR ACCESS TO AIR FORCE INSTALLATIONS (NOV 2012)
Para (b), Any additional requirements to comply with local security procedures 'any additional requirements to comply with local security procedures' Para (d). Additional requirements. 'Luke AFB security requirements in the PWS,'
II. NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
A. FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES IN FULL TEXT
52.217-07 OPTION FOR INCREASED QUANTITY -- SEPARATELY PRICED LINE ITEM (MAR 1989)
(TAILORED)
The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day of required exercise date. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A
WAGE DETERMINATION
Employee Class Monetary Wage - Fringe Benefits Principal Environmental Specialist - equivalent to a GS-13 at $86,488 annually Senior Environmental Specialist - equivalent to a GS-13 at $86,488 annually Lead Environmental Technician - equivalent to a GS-12 at $72,733 annually Environmental Technician - equivalent to a GS-11 at $60,681 annually Physical Scientist - equivalent to a GS-13 at $86,488 annually Principal Scientist - equivalent to a GS-13 at $86,488 annually Lead Scientist - equivalent to a GS-13 at $86,488 annually Senior Scientist - equivalent to a GS-13 at $86,488 annually Senior Technician - equivalent to a GS-13 at $86,488 annually Program Manager - equivalent to a GS-14 at $102,202 annually Project Manager - equivalent to a GS-13 at $86,488 annually GIS Analyst - equivalent to a GS-12 at 72,733 annually Junior GIS Analyst - equivalent to a GS-11 at $60,681 annually
52.252-02 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): http://farsite.hill.af.mil/
52.252-04 ALTERATIONS IN CONTRACT (APR 1984)
Portions of this contract are altered as follows: No alterations made
52.252-06 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 Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
B. DEFENSE FAR SUPP CONTRACT CLAUSES IN FULL TEXT
252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION
CONTROLS (DEVIATION 2016-O0001) (OCT 2015)
(a) Definitions. As used in this provision-
“Controlled technical information,” “covered contractor information system,” and “covered defense information” are defined in clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2016-O0001)(OCT 2015).
(b) The security requirements required by contract clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting (DEVIATION 2016-O0001)(OCT 2015) shall be implemented for all covered defense information on all covered contractor information systems that support the performance of this contract.
(c) If the Offeror anticipates that additional time will be necessary to implement derived security requirement 3.5.3 “Use of multifactor authentication for local and network access to privileged accounts and for network access to non-privileged accounts” within National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations (see <http://dx.doi.org/10.6028/NIST.SP.800-171>), the Offeror shall notify the Contracting Officer that they will implement the requirement within 9 months of contract award.
(d) If the Offeror proposes to deviate from any of the security requirements in NIST SP 800- 171that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, the Offeror shall submit to the Contracting Officer, for consideration by the DoD Chief Information Officer (CIO), a written explanation of-
(1) Why a particular security requirement is not applicable; or
(2) How an alternative, but equally effective, security measure is used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection.
(e) An authorized representative of the DoD CIO will approve or disapprove offeror requests to deviate from NIST SP 800-171 requirements in writing prior to contract award. Any approved deviation from NIST SP 800-171 shall be incorporated into the resulting contract.
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (DEC 2015)
(a) Definitions. As used in this clause—
“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.
“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
“Covered defense information” means unclassified information that—
(i) Is—
(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or
(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and
(ii) Falls in any of the following categories:
(A) Controlled technical information.
(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).
(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.
(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).
“Cyber incident” means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.
‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident.
“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall—
(1) Implement information systems security protections on all covered contractor information systems including, at a minimum—
(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government—
(A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239- 7010, Cloud Computing Services, of this contract; and
(B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or
(ii) For covered contractor information systems that are not part of an IT service of system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause—
(A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer, as soon as practical, but not later than December 31, 2017. The Contractor shall notify the DoD CIO, via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award; or
(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection accepted in writing by an authorized representative of the DoD CIO; and
(2) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.
(c) Cyber incident reporting requirement.
(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall—
(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and
(ii) Rapidly report cyber incidents to DoD at <http://dibnet.dod.mil>.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at <http://dibnet.dod.mil>.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see <http://iase.disa.mil/pki/eca/Pages/index.aspx>.
(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer.
(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.
(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.
(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.
(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.
(i) Use and release of contractor attributional/proprietary information not created by or for DoD.
Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD—
(1) To entities with missions that may be affected by such information;
(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
(3) To Government entities that conduct counterintelligence or law enforcement investigations;
(4) For national security purposes, including cyber situational awareness and defense purposes (including with Defense Industrial Base (DIB) participants in the program at 32 CFR part 236);
or
(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.
(j) Use and release of contractor attributional/proprietary information created by or for DoD.
Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph
(c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government’s use and release of such information.
(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.
(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor’s responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.
(m) Subcontracts. The Contractor shall—
(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve a covered contractor information system, including subcontracts for commercial items, without alteration, except to identify the parties; and
(2) When this clause is included in a subcontract, require subcontractors to rapidly report cyber incidents directly to DoD at <http://dibnet.dod.mil> and the prime Contractor. This includes providing the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable.
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (DEVIATION 2016-O0001) (OCT 2015)
(a) Definitions. As used in this clause—
“Adequate security” means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
“Compromise” means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
“Contractor attributional/proprietary information” means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
“Contractor information system” means an information system belonging to, or operated by or for, the Contractor.
“Controlled technical information” means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
“Covered contractor information system” means an information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
“Covered defense information” means unclassified information that—
(i) Is—
(A) Provided to the contractor by or on behalf of DoD in connection with the performance of the contract; or
(B) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract; and
(ii) Falls in any of the following categories:
(A) Controlled technical information.
(B) Critical information (operations security). Specific facts identified through the Operations Security process about friendly intentions, capabilities, and activities vitally needed by adversaries for them to plan and act effectively so as to guarantee failure or unacceptable consequences for friendly mission accomplishment (part of Operations Security process).
(C) Export control. Unclassified information concerning certain items, commodities, technology, software, or other information whose export could reasonably be expected to adversely affect the United States national security and nonproliferation objectives. To include dual use items; items identified in export administration regulations, international traffic in arms regulations and munitions list; license applications; and sensitive nuclear technology information.
(D) Any other information, marked or otherwise identified in the contract, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and Governmentwide policies (e.g., privacy, proprietary business information).
“Cyber incident” means actions taken through the use of computer networks that result in an actual or potentially adverse effect on an information system and/or the information residing therein.
“Forensic analysis” means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
“Malicious software” means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
“Media” means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system.
‘‘Operationally critical support’’ means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
“Rapid(ly) report(ing)” means within 72 hours of discovery of any cyber incident.
“Technical information” means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security for all covered defense information on all covered contractor information systems that support the performance of work under this contract. To provide adequate security, the Contractor shall—
(1) Implement information systems security protections on all covered contractor information systems including, at a minimum—
(i) For covered contractor information systems that are part of an Information Technology (IT) service or system operated on behalf of the Government—
(A) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract; and
(B) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract; or
(ii) For covered contractor information systems that are not part of an IT service of system operated on behalf of the Government and therefore are not subject to the security requirement specified at paragraph (b)(1)(i) of this clause—
(A) The security requirements in National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations", http://dx.doi.org/10.6028/NIST.SP.800-171 that is in effect at the time the solicitation is issued or as authorized by the Contracting Officer; or
(B) Alternative but equally effective security measures used to compensate for the inability to satisfy a particular requirement and achieve equivalent protection approved in writing by an authorized representative of the DoD CIO prior to contract award; and
(2) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability.
(c) Cyber incident reporting requirement.
(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor’s ability to perform the requirements of the contract that are designated as operationally critical support, the Contractor shall—
(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor’s network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor’s ability to provide operationally critical support; and
(ii) Rapidly report cyber incidents to DoD at <http://dibnet.dod.mil>.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at <http://dibnet.dod.mil>.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see <http://iase.disa.mil/pki/eca/Pages/index.aspx>.
(d) Malicious software. The Contractor or subcontractors that discover and isolate malicious software in connection with a reported cyber incident shall submit the malicious software in accordance with instructions provided by the Contracting Officer.
(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.
(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.
(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment…
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