RFP-FA9101-15-R-0040-CE-BUMP.pdf
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- Multiple Award 5 Year Mechanical IDIQ contract Federal contract opportunity
- Solicitation number
- FA9101-15-R-0040
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SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NO.
FA9101-15-R-0040
2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED
5 FEB 2016
PAGE OF PAGES
IMPORTANT - The “offer” section on the reverse must be fully completed by offeror.
4. CONTRACT NO.
5. REQUESTION/PURCHASE REQUEST NO.
SEE SCHEDULE
6. PROJECT NO.
7. ISSUED BY AFTC/PZI ARNOLD CODE FA9101 8. ADDRESS OFFER TO
AFTC/PZI (ARNOLD)
100 KINDEL DRIVE, SUITE A-332
ARNOLD AFB, TN 37389-1332
henry.daniels.2@us.af.mil
SEE BLOCK 7
DO: DO-C2 NAIC: 238220
9. FOR INFORMATION
CALL:
A. NAME
HENRY W. DANIELS III
B. TELEPHONE NO. (Include area code) (NO COLLECT CALLS)
931-454-5166 X
SOLICITATION
NOTE: In sealed bid solicitations “offer” and “offeror” mean “bid” and “bidder”.
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying no, date):
This is an Indefinite Delivery Indefinite Quantity (IDIQ) contract with a five year period of performance for Mechanical Electrical Installation, Maintenance and Repair. Each construction project will be awarded by an individual Task Order (TO) issued against the basic contract. Each task order will have its own period of performance.
This acquisition is a 100% small business set-aside.
Magnitude of the Mechanical IDIQ contract is in accordance with FAR 36.204 is more than $10,000,000.
SITE VISIT: There will be an organized site visit on Thursday, February 18, 2016 at 10:00am CST. See FAR 52.236-27, Site Visit (Construction) Alterate I in Section L of the solicitation for requirements of the site visit.
Questions or clarifications must be received no later than 1 March 2016 and must reference paragraph number and section of the solicitation. Send questions to Block 7 contact information.
Proposal due date will be 8 March 2016, no later than 2:00 PM CST.
11. The Contractor shall begin performance within _30__ calendar days and complete it within to be determined calendar days after receiving award, notice to proceed. This performance period is mandatory, negotiable. (See _ _.)
12A. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If “YES”, indicate within how many calendar days after award in Item 12B.)
YES NO
12B. CALENDAR DAYS
13. ADDITIONAL SOLICITATION REQUIREMENTS:
INSTRUCTIONS TO OFFEROR: Please complete the following information:
1) Page 2: Blocks 14, 15, 16, 17, 18 (if applicable), 20A, 20B, 20C, and fill in total amount in block 17.
2) Page 3-4: Complete pricing for entire project for Contract Line item 0001 for each of the three individual projects.
3) Verify or update Online Representation and Certification at https://www.sam.gov prior to proposal due date.
4) Proposal may be emailed to henry.daniels.2@us.af.mil or mailed/hand delivered to the address in Block 7.
5) Sealed offers to perform the work required are due at the place specified in Block 7 by 2:00 PM Central Standard Time on 8 March 2016. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
6) Past Performance Questionnaires are to be sent to henry.daniels.2@us.af.mil no later than 2:00PM Central Standard Time on 8 March 2016.
7) An offer guarantee [ ]is, [X ]is not required.
8) All offers are subject to the (1) work requirements and (2) other provisions and clauses incorporated in this solicitation in full text or by reference.
9) Offers providing less than 60 calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
NSN 7540-01-155-3212
ConWrite Version 6.14.7 Created 05 Feb 2016 11:28 AM
1442-101 STANDARD FORM 1442 (REV. 4-85)
Prescribed by GSA
FAR (48 CFR) 53.236-1(e)
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NO. (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14)
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within __ __ calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13D. Failure to insert any number means the offeror accepts the minimum in Item 13D.)
AMOUNTS
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGEMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation – give number and date of each)
AMENDMENT NO.
DATE
20A. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print)
20B. SIGNATURE 20C. OFFER DATE
AWARD (To be completed by Government)
21. ITEMS ACCEPTED
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
See Section G
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM
25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) ( ) 41 U.S.C. 253(c) ( )
26. ADMINISTERED BY
CODE
27. PAYMENT WILL BE MADE BY
EFT:T
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return _______ copies to issuing office.)
Contractor agrees to furnish and deliver all items or perform all work, requisitions identified on this form and any continuation sheets for the consideration slated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award,
(b) the solicitation, and (c) the clauses, representations, certifications, and specifications or incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation, is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30A. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN
(Type or print)
31A. NAME OF CONTRACTING OFFICER (Type or print)
30B. SIGNATURE 30C. DATE 31B. UNITED STATES OF AMERICA
BY
31C. AWARD DATE
STANDARD FORM 1442 PAGE 2 (REV. 4-85)
PART I - THE SCHEDULE
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION B FA9101-15-R-0040
Qty Unit Price ITEM SUPPLIES OR SERVICES Purch Unit Total Item Amount
CE BUMP
0001 __________ Noun: MECHANICAL INSTALLATION, REPAIR AND
MAINTENANCE
PSC: Z2AA
Contract type: J - FIRM FIXED PRICE Start Date: ASREQ Completion Date: ASREQ Descriptive Data:
Furnish all materials, equipment, and personnel necessary to perform equipment installation, real property maintenance, repair, alteration, and new construction.
Individual Task Orders will be issued with fund cites, additional specifications and instructions, and performance period. Please submit pricing for the three individual projects below.
EVALUATION PROJECTS:
1. Repair/Maintain Suction Valves SPS 25K Pumps, Facility 1507
Spec No. 13437-14-007, dated 30 September 2014 - Group 1 $ ________________
2. Install Cooling Water Strainer PWT - Motor Drive, Bldg 780
Spec No. 12857-11-004, dated 29 September 2011 - Group 2 $ ________________
3. Install Bypass Valves on Main Cooling Water Isolation Valves
ANZY109048, dated 24 March 2015 - Group 3 $ ________________
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
SECTION B FA9101-15-R-0040
NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
OTHER CONTRACT CLAUSES IN FULL TEXT
B039 INDEFINITE QUANTITY (DEC 2005) (TAILORED)
This is an Indefinite Quantity contract as contemplated by FAR 16.504. The total scope of the technical tasks for which orders may be issued is set forth in paragraph one of Attachment 1 of the Statement of Work for Mechanical Installation, Maintenance and Repair IDIQ, dated 15 April 2015.
SECTION C - DESCRIPTION/SPECS./WORK STATEMENT
SECTION C FA9101-15-R-0040
NOTICE: The following contract clauses pertinent to this section are hereby incorporated in full text:
OTHER CONTRACT CLAUSES IN FULL TEXT
C003 INCORPORATED DOCUMENTS/REQUIREMENTS (AUG 2006) (TAILORED)
(a) The following documents are a part of this contract:
(1) In accordance with the Statement of Work for Mechanical Installation, Maintenance and Repair IDIQ, dated 15 April 2015, the Construction Specification to Install Bypass Valves on Main Cooling Water Isolation Valves, ANZY109048, dated 24 March 2015, the Construction Specification to Repair HVAV, Building 651, Spec No. 13437-13-005, dated 6 May 2013, and the Construction Specification for Install Cooling Water Strainer PWT-Motor Drive, Bldg 780, Spec No. 12857-11-004, dated 29 September 2011. Also included are the drawings for each Statement of Work above.
SECTION D - PACKAGING AND MARKING
SECTION D FA9101-15-R-0040
NO CLAUSES OR PROVISIONS IN THIS SECTION
SECTION E - INSPECTION AND ACCEPTANCE
SECTION E FA9101-15-R-0040
NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.246-12 INSPECTION OF CONSTRUCTION (AUG 1996)
SECTION F - DELIVERIES OR PERFORMANCE
SECTION F FA9101-15-R-0040
NOTICE: The following contract clauses pertinent to this section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION CONTRACT CLAUSES
52.211-12 LIQUIDATED DAMAGES -- CONSTRUCTION (SEP 2000)
Para (a), Amount of liquidated damages. '$181.27'
52.211-13 TIME EXTENSIONS (SEP 2000)
SECTION G - CONTRACT ADMINISTRATION DATA
SECTION G FA9101-15-R-0040
SECTION H - SPECIAL CONTRACT REQUIREMENTS
SECTION H FA9101-15-R-0040
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
SECTION I FA9101-15-R-0040
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.3600; Issued: 1/25/2016; FAR: FAC 2005-86; DFAR: DPN20151230; DL.: DL 98-
021; Class Deviations: CD 2016-O0004; 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)
52.203-13 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)
52.204-02 SECURITY REQUIREMENTS (AUG 1996) - ALTERNATE II (APR 1984)
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)
52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY
CONTRACTS (JAN 2014)
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2015)
52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS
(DEC 2014)
52.209-06 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT
(OCT 2015)
52.209-09 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY
MATTERS (JUL 2013)
52.209-10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS
(NOV 2015)
52.210-01 MARKET RESEARCH (APR 2011)
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984) -
ALTERNATE I (APR 1984)
(a) Number of calendar days is '30'
(c) Number of days or calendar date is 'the period of performance is different for each project for completion after Notice to Proceed.' Date is 'NA'
52.215-02 AUDIT AND RECORDS -- NEGOTIATION (OCT 2010)
52.215-08 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)
52.215-18 REVERSION OR ADJUSTMENT OF PLANS FOR POSTRETIREMENT BENEFITS
(PRB) OTHER THAN PENSIONS (JUL 2005)
52.215-21 REQUIREMENTS FOR CERTIFIED COST OR PRICING DATA AND DATA OTHER
THAN CERTIFIED COST OR PRICING DATA--MODIFICATIONS (OCT 2010)
52.216-19 ORDER LIMITATIONS (OCT 1995)
Para (a). Insert Dollar amount or quantity. '$100,000.00' Para (b)(1). Insert dollar amount or quantity '$5,000,000.00' Para (b)(2). Insert dollar amount or quantity. '$5,000,000.00' Para (b)(3). Insert number of days. '7' Para (d). Insert number of days. '10'
52.216-22 INDEFINITE QUANTITY (OCT 1995)
Para (d), Date is 'date is completion of all task orders.'
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)
52.222-04 CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME
COMPENSATION (MAY 2014)
52.222-06 CONSTRUCTION WAGE RATE REQUIREMENTS (MAY 2014)
52.222-07 WITHHOLDING OF FUNDS (MAY 2014)
52.222-08 PAYROLLS AND BASIC RECORDS (MAY 2014)
52.222-09 APPRENTICES AND TRAINEES (JUL 2005)
52.222-10 COMPLIANCE WITH COPELAND ACT REQUIREMENTS (FEB 1988)
52.222-11 SUBCONTRACTS (LABOR STANDARDS) (MAY 2014)
52.222-12 CONTRACT TERMINATION -- DEBARMENT (MAY 2014)
52.222-13 COMPLIANCE WITH CONSTRUCTION WAGE RATE REQUIREMENTS AND
RELATED REGULATIONS (MAY 2014)
52.222-14 DISPUTES CONCERNING LABOR STANDARDS (FEB 1988)
52.222-15 CERTIFICATION OF ELIGIBILITY (MAY 2014)
52.222-21 PROHIBITION OF SEGREGATED FACILITIES (APR 2015)
52.222-26 EQUAL OPPORTUNITY (APR 2015)
52.222-27 AFFIRMATIVE ACTION COMPLIANCE REQUIREMENTS FOR CONSTRUCTION (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 (OCT 2015)
52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS
ACT (DEC 2010)
52.222-50 COMBATING TRAFFICKING IN PERSONS (MAR 2015)
52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION (OCT 2015)
52.222-55 MINIMUM WAGES UNDER EXECUTIVE ORDER 13658 (DEC 2014)
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)
52.223-05 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (MAY 2011)
52.223-06 DRUG-FREE WORKPLACE (MAY 2001)
52.223-09 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-
DESIGNATED ITEMS (MAY 2008) - ALTERNATE I (MAY 2008)
para (b)(2), Agency Procedures 'NA'
52.223-11 OZONE-DEPLETING SUBSTANCES (MAY 2001)
52.223-12 REFRIGERATION EQUIPMENT AND AIR CONDITIONERS (MAY 1995)
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)
52.225-11 BUY AMERICAN - CONSTRUCTION MATERIALS UNDER TRADE AGREEMENTS
(MAY 2014)
Para (b)(3). Insert excepted material or "none". 'NA'
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)
52.227-04 PATENT INDEMNITY -- CONSTRUCTION CONTRACTS (DEC 2007)
52.228-02 ADDITIONAL BOND SECURITY (OCT 1997)
52.228-05 INSURANCE -- WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
52.228-11 PLEDGES OF ASSETS (JAN 2012)
52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (MAY 2014)
52.228-14 IRREVOCABLE LETTER OF CREDIT (NOV 2014)
52.228-15 PERFORMANCE AND PAYMENT BONDS - CONSTRUCTION (OCT 2010)
52.229-03 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)
52.229-04 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL ADJUSTMENTS) (FEB
2013)
52.232-05 PAYMENTS UNDER FIXED-PRICE CONSTRUCTION CONTRACTS (MAY 2014)
52.232-17 INTEREST (MAY 2014)
52.232-23 ASSIGNMENT OF CLAIMS (MAY 2014)
52.232-27 PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (MAY 2014)
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)
52.233-03 PROTEST AFTER AWARD (AUG 1996)
52.233-04 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
52.236-02 DIFFERING SITE CONDITIONS (APR 1984)
52.236-03 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK (APR 1984)
52.236-05 MATERIAL AND WORKMANSHIP (APR 1984)
52.236-06 SUPERINTENDENCE BY THE CONTRACTOR (APR 1984)
52.236-07 PERMITS AND RESPONSIBILITIES (NOV 1991)
52.236-08 OTHER CONTRACTS (APR 1984)
52.236-09 PROTECTION OF EXISTING VEGETATION, STRUCTURES, EQUIPMENT, UTILITIES,
AND IMPROVEMENTS (APR 1984)
52.236-10 OPERATIONS AND STORAGE AREAS (APR 1984)
52.236-11 USE AND POSSESSION PRIOR TO COMPLETION (APR 1984)
52.236-12 CLEANING UP (APR 1984)
52.236-13 ACCIDENT PREVENTION (NOV 1991)
52.236-14 AVAILABILITY AND USE OF UTILITY SERVICES (APR 1984)
52.236-15 SCHEDULES FOR CONSTRUCTION CONTRACTS (APR 1984)
52.236-17 LAYOUT OF WORK (APR 1984)
52.236-21 SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION (FEB 1997)
52.236-26 PRECONSTRUCTION CONFERENCE (FEB 1995)
52.242-13 BANKRUPTCY (JUL 1995)
52.242-14 SUSPENSION OF WORK (APR 1984)
52.243-04 CHANGES (JUN 2007)
52.244-06 SUBCONTRACTS FOR COMMERCIAL ITEMS (OCT 2015)
52.246-21 WARRANTY OF CONSTRUCTION (MAR 1994)
52.248-03 VALUE ENGINEERING -- CONSTRUCTION (OCT 2015)
Para (i), Contract number. 'See SF 1442, Block 4'
52.249-02 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (APR
2012) - ALTERNATE I (SEP 1996)
52.249-10 DEFAULT (FIXED-PRICE CONSTRUCTION) (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)
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
252.204-7008 COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE INFORMATION
CONTROLS (DEC 2015)
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 (DEC
2014)
252.211-7003 ITEM UNIQUE IDENTIFICATION AND VALUATION (DEC 2013)
Para (c)(1)(i). Insert Contract Line, Subline, or Exhibit Line Item Number and Item
Description or n/a. 'NA' Para (c)(1)(ii). Identify Contract Line, Subline, or Exhibit Line Item Nr and Item
Description. If items are identified in the Schedule, insert "See Schedule" 'NA' Para (c)(1)(iii). Attachment Nr. 'NA' Para (c)(1)(iv). Attachment Nr. 'NA' Para (f)(2)(iii). Line item number or n/a. 'NA'
252.216-7006 ORDERING (MAY 2011)
Para (a). Date. 'date of contract award.' Para (a). Date 'date of contract term.'
252.222-7007 REPRESENTATION REGARDING COMBATING TRAFFICKING IN PERSONS (JAN
2015)
252.223-7004 DRUG-FREE WORK FORCE (SEP 1988)
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)
252.227-7033 RIGHTS IN SHOP DRAWINGS (APR 1966)
252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS
(JUN 2012)
252.232-7010 LEVIES ON CONTRACT PAYMENTS (DEC 2006)
252.236-7000 MODIFICATION PROPOSALS--PRICE BREAKDOWN (DEC 1991)
252.236-7001 CONTRACT DRAWINGS AND SPECIFICATIONS (AUG 2000)
Para (e). Identify drawings. 'See Statement of Work, Specifications, and Drawings per
Attachments 1 thru Attachment 7.'
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 Test Center Vice Commander, 1 South Rosamond Blvd, Edwards AFB, CA 93524-3784, phone number (661) 277-2810, facsimile number (661) 277-7593"'
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
52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)
(TAILORED)
The Contractor shall be required to
(a) commence work under this contract within 30 calendar days after the date the Contractor receives the notice to proceed,
(b) prosecute the work diligently, and
(c) complete the entire work ready for use as specified for each project from Notice to Proceed.
The time stated for completion shall include final cleanup of the premises.
52.223-09 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-
DESIGNATED ITEMS (MAY 2008)
(a) Definitions. As used in this clause-
"Postconsumer material" means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of "recovered material."
"Recovered material" means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
(b) The Contractor, on completion of this contract, shall-
(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of postconsumer material content; and
(2) Submit this estimate to NA.
52.236-04 PHYSICAL DATA (APR 1984) (TAILORED)
Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by surveys (insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].
(b) Weather conditions
(1) The location of the work is subject to the atmospheric temperature ranging from minus 10 degrees F to plus 105 degrees F. The average annual rainfall is about 54 inches and the average annual snowfall is about 4 inches.
(2) Time Extensions for Unusually Severe Weather
a. Based on data from the National Oceanic and Atmospheric Agency (NOAA), the following number of adverse weather days can be anticipated at Arnold AFB, TN in the month indicated.
JAN 16 MAY 8 SEP 7
FEB 13 JUN 6 OCT 5
MAR 9 JUL 8 NOV 7
APR 7 AUG 5 DEC 13
b. From receipt of Notice to Proceed throughout the contract performance period, the Government Project Officer will record daily the actual number of adverse weather days which prevent work for at least 50 percent of the contractor's workday.
c. Only after the cumulative number of "adverse weather days" as defined in b., above, has reached the total calculated from the monthly figures listed in a., above, or the proportionate number for partial calendar months in the performance period, will the Contracting Officer consider a time extension in accordance with the clause entitled "Default (Fixed-Price Construction)." A time extension will be granted on a day-for-day basis in the Contracting Officer determines that additional adverse weather days prevent work for at least 50 percent of the contractor's workday and delay work critical to the timely completion of the contract.
d. The contractor's schedule must reflect the delays associated with the anticipated adverse weather days listed in a., above. The Contracting Officer will grant no time extensions for adverse weather days within the cumulative total of the monthly numbers listed. [insert a summary of weather records and warnings].
(c) Transportation facilities Transportation Facilities to AEDC Fenced Area
(1) Highways. U.S. Highway 41A is a paved road passing through Tullahoma, Tennessee.
U.S. Highway 41 and Interstate 24 are paved roads passing through Manchester, Tennessee. State Highway 55 is a paved road connecting U.S. Highway 41 and 41A at Manchester and Tullahoma, respectively.
Access to the AEDC area can be gained from State Highway 55 near Tullahoma via new paved highway intersecting U.S. Highway 41, 5.5 miles southwest of Manchester and 3.8 miles from the area entrance, and Interstate 24, 3.5 miles southeast of Manchester and 2.5 miles from the area entrance. Concrete pavements have been constructed within the AEDC area and may be used subject to the restrictions set forth herein. Access to the sites of work from the paved areas and other routes shall be provided and maintained by and at the expense of the Contractor. The route for equipment which is not permitted to operate on the concrete pavement shall be as approved by the Contracting Officer. No construction truck or trailer vehicles shall be operated upon pavements of the AEDC area except within the following load limitations. [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].
(d) Travel Within the AEDC Area
(1) Streets and Roadways. Streets have been constructed within the AEDC area and may only be used subject to the restrictions set forth herein.
a. A "Special Permit" is required for the movement of all construction equipment, unless hereinafter provided otherwise, which is to be moved over streets or over areas containing underground ducting, piping, or overhead utilities. Application for the Special Permit to move heavy equipment will be submitted to the Contracting Officer. Application for such movements will be made sufficiently in advance of the time needed to avoid delays in movement. Only wheel or tire vehicles which fall under the following maximum allowable load limitations may operate without permit upon AEDC streets:
DESIGN AXLE AND WHEEL LOADS ON STREETS
Maximum Allowable Loads in Pounds
*Truck or Trailer ** Large Tire Equipment Streets Per Axle Per Wheel Per Axle Per Wheel
Avenues A, B and C and 2nd Street 18,000 9,000 25,200 12,600 Avenue E 24,000 12,000 33,600 16,800 1st, 4th, and 5th Streets 24,000 12,000 36,600 16,800 3rd Street between Avenues B and C 18,000 9,000 25,200 12,600 3rs Street between Avenues C and E 24,000 12,000 33,600 16,000
*Axels must be spaced greater than 40" apart.
**Equipment with tires wider than 16", such as large earth moving equipment.
These restrictions permit the operation of fully loaded DW-10's with No. 10 scrapers only on pavements with a maximum allowable load of 33,600 pounds. The axle load for large tire equipment shall be based upon the manufacturer's specified weights for fully loaded equipment.
b. If any equipment exceeds the above load limitations, or any track vehicles are used, the pavement must be protected with earth or fiber at the expense of the Contractor. Compliance with the above requirements does not preclude the Contractor's liability for any damage which results from his travel over AEDC streets.
(2) Other Routes. Routes for use of equipment which is not permitted on AEDC streets shall be shown on the drawings, or as approved by the Contracting Officer. Access to the sites of work from the paved areas, and other routes, shall be provided and maintained by and at the expense of the Contractor.
(3) Traffic Regulations. The Contractor shall be cognizant of an comply with all AEDC traffic regulations as published and enforced on the AEDC installation.
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/
52.252-06 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
252.203-7997 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION 2016-O0003) (OCT 2015)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) Use of funds appropriated (or otherwise made available) by the Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 743 of division E, title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
252.203-7999 PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTS (DEVIATION) (FEB 2015)
(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.
(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
(d)(1) In accordance with section 743 of Division E, Title VIII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.
(2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
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.
C. AIR FORCE FEDERAL ACQUISITION REGULATION SUPPLEMENT CONTRACT CLAUSES IN FULL TEXT
5352.209-9000 ORGANIZATIONAL CONFLICT OF INTEREST (OCT 2010) - ALTERNATE IV (OCT
2010) (TAILORED)
(a) The following restrictions and definitions apply to prevent conflicting codes which may bias the Contractor's judgment of objectivity, or to preclude the Contractor from obtaining an unfair competitive advantage in concurrent or future acquisitions.
(1) Descriptions or definitions:
“Contractor” means the business entity receiving the award of this contract, its parents, affiliates, divisions and subsidiaries.
“Development” means all efforts towards solution of broadly-defined problems. This may encompass research, evaluating technical feasibility, proof of design and test, or engineering of programs not yet approved for acquisition or operation.
“Proprietary information” means all information designated as proprietary in accordance with law and regulation, and held in confidence or disclosed under restriction to prevent uncontrolled distribution.
Examples include limited or restricted data, trade secrets, sensitive financial information, and computer software; and may appear in cost and pricing data or involve classified information.
(2) Restrictions: Any firm that participated in preparation of this solicitation (including task orders), whether as a prime or as a subcontractor, is not eligible to participate in this effort due to a conflict of interest. In addition, any firm performing on the Operations, Maintenance, Information Management, and Support (OMIMS) or Test Operations and Sustainment (TOS) contracts is not eligible to participate in the CE Bump solicitation as a prime or subcontractor. The Government considers such firms to have an unfair competitive advantage and, therefore, will not consider such firms if proposed. If a conflict of interest is discovered after award of this contract, the CO will make a decision whether to terminate the contract.
(b) The Contractor agrees to accept and to complete all issued task orders, and not to contract with Government prime Contractors or first-tier subcontractors in such a way as to create an OCI. The Government realizes the potential exists for actual or perceived OCIs to develop if the Contractors selected for the CE Bump also perform work on the Facility Support Services (FSS), Base Communications Information Technology Services (BCITS), and / or any other AEDC contract(s). To alleviate these concerns, a Contractor performing work in any role on the above contracts must have a Contracting Officer approved mitigation plan prior to award of any CE Bump task order. In the event an actual or perceived OCI arises during performance of a task order, the contractor shall immediately contact the Contracting Officer and submit a proposed mitigation plan for approval.
(c) The Contractor shall comply with all restrictions described in FAR 9.505. The Contractor must also thoroughly inculcate in its employees, through formal training in company policies and procedures, an awareness of the philosophy of both this requirement and FAR Subpart 9.5. All employees shall be educated in and formally acknowledge the absolute necessity of refraining from divulging proprietary information from other companies received in connection with work under this contract to any unauthorized person.
(d) The Contractor shall report any…
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