H92222-10-R-0044-0002 13 Jan 2011.pdf
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- SITEC Specialty Services Support for USSOCOM
- Solicitation number
- H92222-10-R-0044
- Issued by
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United States Special Operations Command
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SITECSPECSERV
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
RFP amended to incorporate changes due to industry questions and the closing date is extended until January 24, 2011 at 2 P.M. EST.
1. CONTRACT ID CODE PAGE OF PAGES
U 1 28
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY
16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR
(Signature of Contracting Officer)(Signature of person authorized to sign)
8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X H92222-10-R-0044
X 9B. DATED (SEE ITEM 11)
24-Nov-2010
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN
REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
U0002
2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
13-Jan-2011
CODE
HQ USSOCOM SORDAC-K
ATTN: GARY SALAVA
205 S HOOVER BLVD
TAMPA FL 33609
H92222 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
H92222-10-R-0044
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
SUMMARY OF CHANGES
SECTION A - SOLICITATION/CONTRACT FORM
The required response date/time has changed from 14-Jan-2011 02:00 PM to 24-Jan-
2011 02:00 PM.
SECTION C - DESCRIPTIONS AND SPECIFICATIONS
The following have been modified:
PERFORMANCE WORK STATEMENT
See Attachment entitled USSOCOM Specialty Services PWS v2.1 dated 10 Jan 2011
SECTION F - DELIVERIES OR PERFORMANCE
The following Delivery Schedule for CLIN 1001 has been deleted:
DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
POP 01-JAN-2011 TO
31-MAR-2016
N/A N/A
FOB: Destination
The following Delivery Schedule for CLIN 1002 has been deleted:
DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC
POP 01-JAN-2011 TO
31-MAR-2016
N/A N/A
FOB: Destination
The following have been added by full text:
PERIOD OF PERFORMANCE
The Contract Period of Performance shall be Contract Award though 31 March 2016.
The following included by reference have been revised:
52.242-15 Stop-Work Order AUG 1989
SECTION G - CONTRACT ADMINISTRATION DATA
CONTRACT ADMINISTRATION
G.1 Responsibility for Contract Administration Procuring Contracting Officer : The Specialty Services Contracting Officer identified below, has the overall responsibility for this contract. The contracting officer alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, and requirements. The contracting officer may delegate certain other responsibilities to his/her authorized representatives or Contracting Officer Representative (COR). The contracting officer for this contract is:
Dr. Joe Daum, USSOCOM, SORDAC-KH, 7701 Tampa Point Blvd. MacDill AFB, FL 33621-5323 Administrative Contracting Officer : Delegation of Contract Administration per FAR 42.302 with the exception of paragraphs (a) (1), (3),(6),(10), (15) (22),(23),(25),(30),(31),(38),(40),(52),(55),(58)(59),(62),(64),(70) which will be retained by the PCO is designated to:
Defense Contract Management Agency (DCMA) (Office and address to be identified by the offeror in its cost proposal) Further, the ACO will provide, upon request, to the SORDAC-KH contracting officer feedback annually on each prime contractor’s performance for inclusion in the annual Contractor Performance Assessment Reports.
Ordering Officer : The authorized Contracting Officer who issues a task order will also administer that task order with the exception of the DCMA delegated areas outlined in FAR 42.302. If any office is granted ordering authority reference Section H.
All Government Contracting Officer Representatives (COR), Technical Representatives (TR), and Ordering Offices, shall review and comply with the terms and conditions contained within this basic contract and the guidance provided via the ITSM portal during the administration of this contract vehicle. The portal will provide guidelines, processes, reference materials, templates, and compliance requirements for the use of this contract. The guidelines and instructions contained within the portal are imperative in achieving quality support services and maintaining high standards of oversight.
G.2 ACCOUNTING & APPROPRIATION DATA
ACRN/SubCLIN will be cited in individual task orders and on modifications issued.
Estimated cost will be shown in each task order, for the purpose of the Limitations of Funds/Cost Clause. The Contractor will highlight to the Contracting Officer each task order that will reach its estimated task order cost within the next 60 days.
PAYMENT INSTRUCTIONS FOR MULTIPLE ACCOUNTING CLASSIFICATION CITATIONS:
This contract is not funded, reference clause 52.232-18. All funding and payment will be made at the task order level and those instructions are contained in each task order. The following will apply to all task orders issued under this contract unless otherwise stated within the individual task order:
1) Line item specific: single funding. If there is only one source of funding for the contract line item (i.e., one
ACRN), the payment office will make payment using the ACRN funding of the line item being billed.
2) Line item specific: by fiscal year. If there is more than one ACRN within a contract line item that contains two or more different fiscal year appropriations, the payment office will make payment using the oldest fiscal year appropriations first, exhausting all funds in the previous fiscal year before disbursing from the next fiscal year.
3) Line item specific: sequential ACRN order. If there is more than on ACRN within a contract line item with the same fiscal year appropriation, the payment office shall make payment in sequential ACRN order within the line item, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order: Alpha/Alpha; Alpha/numeric; numeric/alpha; and numeric/numeric.
A. INVOICE SUBMISSION AND PAYMENT
ELECTRONIC SUBMISSION OF INVOICES AND RECEIVING REPORTS IS MANDATORY in accordance with DFARS 252.232-7003
(1) ELECTRONIC SUBMISSION VIA WIDE AREA WORKFLOW (WAWF): Contractors must register and begin submitting electronic invoices immediately through the Wide Area Workflow Receipt and Acceptance Internet site: https://wawf.eb.mil/. On line training is available at http://www.wawftraining.com unless unable to do
so. Use the following data elements to invoice for services or supplies procured via task orders under this contract.
The award document number is located in the lower right-hand corner.
Vouchers for Cost-Type CLINs. In accordance with DFARS 242.803(b), DCAA will be the authorized representative of the contracting officer for:
• Receiving vouchers
• Approving interim vouchers
• Authorizing direct submission of interim vouchers for provisional payment to the disbursing office
• Issuing DCAA Forms 1, "Notice of Contract Costs Suspended and/or Disapproved."
DCAA Determination of Contractor Eligibility for Direct Billing Authority. DCAA may evaluate the contractor's Billing System and determine the contractor's eligibility for direct billing authority. Criteria for eligibility are described in DCAAP 7641.90 “Information for Contractors”, available at http://www.dcaa.mil. After approving the contractor's billing system and authorizing direct submission of interim vouchers, DCAA notifies the contractor that it may submit cost vouchers, (except first and completion/final vouchers) direct to the DFAS payment office. The first and final voucher must go to the DCMA Administrative Contracting Officer (ACO) for approval. If DCAA withdraws direct billing authorization, DCAA will notify the contractor, the ACO, and the DFAS payment office, and will direct the contractor to submit vouchers to DCAA for review and approval. Contractors not determined to be eligible for direct billing are required to submit interim vouchers to DCAA for approval.
Invoices for Firm-Fixed Price CLINs. The ACO will be delegated responsibility by the PCO for reviewing and approving invoices for firm-fixed price CLIN’s, in which case the contractor shall submit firm-fixed price invoices directly to the ACO, who will in-turn forward them to DFAS. As such, all contractors when inputting invoices for Firm-Fixed Price CLINs shall use WAWF INVOICE 2-in-1 and use S1109A as both the Inspect By and Service Acceptor." The contractor shall include a Certificate of Conformance with each invoice to certify the work performed during the billing period per FAR 52.246-15.
When invoicing for cost type CLINs contractors shall use WAWF Cost Vouchers and use the appropriate DCAA DoDAAC as the Service Approver on Interim vouchers and S1109A as the Service Approver on Final vouchers.
The contractor shall segregate and bill separately costs for each Delivery/Task Order issued under this contract.
Cost for performing work set forth in one Delivery/Task Order shall not be allowable under any other Delivery/Task Order.
If a Delivery/Task Order contains multiple CLINs/SLINs the contractor shall segregate and bill separately costs for each CLIN/SLIN of the Delivery/Task Order additionally, contractors will invoice by ACRN as outlined in G.2 above. Cost for performing work set forth on one CLIN/SLIN shall not be allowable under any other CLIN/SLIN.
The contract number and Delivery/Task Order number shall appear on all work accomplished and on all invoices in WAWF. When submitting invoices for FFP task orders, contractors shall submit as 2-in-1 invoices. When invoicing for cost type task orders contractors shall input as Cost vouchers.
G.3 Quick Closeout Procedures. (also reference 52.216-7) In efforts to expedite contract closeout, the Contracting Officer responsible for contract closeout may use the quick-closeout procedure to negotiate the settlement of indirect costs for a specific task order in advance of the determination of final contract cost IAW Criteria for Quick Closeout, FAR 42.708. Contractors shall support all Contracting Activities in an effort to ensure quick closeouts.
Management oversight that does not facilitate quick closeout may be reflected in CPARS under the Cost Control evaluation factor. As part of the negotiated fixed price or total estimated amount of this contract, both the Government and the Contractor have agreed to waive any entitlement that otherwise might accrue to either party in any residual dollar amount of $250 or less at the time of final contract closeout. The term "residual dollar amount" shall include all money that would otherwise be owed to either party at the end of the contract, except that, amounts connected in any way with taxation, allegations of fraud and/or antitrust violations shall be excluded. For purposes of determining residual dollar amounts, offsets of money owed by one party against money that would otherwise be paid by that party may be considered to the extent permitted by law. This agreement to waive entitlement to residual dollar amounts has been considered by both parties. It is agreed that the administrative costs for either party associated with collecting such small dollar amounts could exceed the amount to be recovered.
G.4 Travel-Cost Reimbursable: Travel cost will be based on estimated costs per the Federal Acquisition Regulation FAR Part 31.205-46. Cost estimates will be based on number of trips, number of personnel, and location Per Diem Rate as posted on https://secureapp2.hqda.pentagon.mil/perdiem/ per individual CPFF Task Order.
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.6 ORDERING PROCEDURES
General. This contract is designed to meet the wide and varied needs of USSOCOM. As such, FFP and CPFF types of task orders may be awarded hereunder. The Government will determine the most appropriate task order contract type for each effort. The Government may unilaterally deviate from these procedures at any time as required. The Government intends to award initial contract solicitation task orders based on task proposals submitted with the contract proposal shortly after the prime awards are made and further discussions are not anticipated for these initial awards,. The basis of award of the initial RFP task orders will be in accordance with H.6.3 and based only on the CPFF contract type. The Contractor shall normally have 25 calendar days to submit their proposals, unless a) a longer timeframe is specified in the request for task order proposal, or b) it is an urgent requirement as addressed below in H.6.1 or c) the Government determines that the task order does not require a 25 day time period to submit a valid proposal. Accordingly, the amount of time for proposal submission will be 25 days for each task order unless so identified in the instructions to offerors (ITOs).
Except for proposals submitted in response to the basic contract Request For Proposal, contractors may submit an alternative contract type listed in Section B for proposals submitted in response to ITOs. The Contractor shall fully explain the terms and conditions, as well as price benefits to the Government, in its alternate proposal. The Government may or may not consider the alternate approach. The Contractor shall perform in accordance with the awarded task order including all terms and conditions of the basic contract and any additional specific information awarded at the task order level. Task orders may include option year periods. The process for exercising task order options are included below under task order procedures.
H. 6.1 Government Requests for Task Order Proposals Content and Transmission. When the Government has a requirement for work to be performed, the Contracting Officer will issue an Invitation to Offer (ITO). The ITO will include:
(1) Statement of Objectives or other document that describes the Government’s requirements;
(2) the desired performance period, and;
(3) any other information considered to be of assistance to the Contractor in preparing a proposal.
The ITO may be written or oral, and may be transmitted by any means including the mail, Internet, e-mail, telephone, or face-to-face. The standard method of transmission, however, shall be e-mail, via Internet in writing unless otherwise requested by the Contracting Officer. The task order ITO shall not obligate the Government to issue task orders under this contract, nor shall it authorize the Contractor to perform any work pursuant to such requests for proposal prior to the Contractor’s receipt of an authorized Notice to Proceed or issuance of formal task order DD 1155.
Urgent Requirements. In the event of an urgent requirement, the Contractor shall provide a written proposal within the timeframe specified by the Contracting Officer in the specified format.
H.6.2 Submission of Task order Proposals Standard Requirements. Contractors shall submit a proposal for every requirement solicited without conflict unless granted a waiver in advance by the Contracting Officer. If the Contractor has reason to request a waiver, but is not granted a waiver by the Contracting Officer in advance, the Contractor shall submit a detailed statement of reason for a waiver to the Contracting Officer within 2 days of ITO receipt.
Proposal Content. Proposals shall normally consist of a task order program management proposal, a pricing proposal, and a Proposed Performance Work Statement (PWS). If a subject matter expert, specialist, or technical expert is proposed by name in order to provide services under the task order, a resume should be provided in the program management proposal. Additionally, ITOs may specifically require the submission of key personnel resumes. Proposals will be reviewed by the Government and used as a basis for any required negotiations or discussions and the subsequent issuance of a task order. All task order proposals shall contain any and all information required to conduct an overall task order evaluation, including all details related to price or cost as applicable. Unless otherwise specified in the RFP, proposals shall contain the overall proposed approach to meeting the details of the SOO, including a proposed Performance Work Statement with performance metrics and pricing information described below. Though past performance on current task orders by each offeror will be considered in the overall evaluation of new competitive task orders, no past performance information will be required as a submission by the offerors at the task order level. During the initial task order evaluations, since current task order past performance has not yet been demonstrated, all prime offerors will be given a neutral rating.
Task Order Program Management Proposals shall contain the following information:
• An overall discussion of the Contractor’s Task Order Management approach (technical and management information as required) to meet the proposed PWS solution including performance measurements and exit criteria for task order completion. The Contractor shall demonstrate the offerors understanding of the task to be performed. The proposal shall include at a minimum the labor categories/skill levels required, labor hours per category, and basis for the proposed hours which were utilized to develop the Offeror’s price offer.
• The place of performance associated with proposed solution. If the Government provides information that indicates that they desire the work to be performed on site, but the Contractor can provide an alternative solution off-site, the Contractors shall address risk mitigation information to deliver the services required in the proper environment to protect and share data as required.
If specific subject matter expertise/Key Personnel are required to meet the Government requirement, this information shall be provided by the government at the task order level, the Offerors shall then also provide:
• Proposed personnel individual’s qualification summaries/certifications/resume
• Rationale for the personnel, knowledge and skill levels proposed
Performance Work Statement. When requested by the Government, offerors shall propose a PWS. The PWS shall be performance-based IAW FAR 37.602 to the maximum extent practical for the requirement. Offerors will include the task order SDS table from the contract PWS and the ITO SOO (if included) in all PWS submissions. The SDS performance metrics/thresholds will be completed by each contractor for each task order. Contractors may also add or provide explanation for deletion of metrics/SDS items for consideration that are applicable to that specific task order. The proposed performance standards establish the performance level required by the Government to meet the contract requirements. The standards shall be measurable and structured to permit an assessment of the contractor’s performance. The Government will evaluate the Contractors proposed performance standards in response to the contract PWS and ITO SOO to determine if they meet the Government’s needs.
Cost/Price Each price proposal should clearly indicate the appropriate Section B CLIN. All travel costs will distinctly separated from the rest of the proposed cost/price. ITOs for each task order will inform offerors of the contract type required. Offerors shall provide the basis of estimate for any travel costs included in the price proposal.
In addition, the offeror shall identify any unique Government furnished property/materials/data required for performance if not already identified in the ITO.
FFP Task Orders: The Offerors are to provide a total price for each FFP task order. Price shall be inclusive of all direct (i.e., direct labor and ODC) and associated indirect costs plus fee related to the task order.
Proposed price shall be identified by base and option periods, if applicable.
Cost Task Orders: The Offerors shall provide information other than cost or pricing data. The Contractor shall show a clear buildup of all direct and indirect costs being proposed. The contractor shall negotiate forward pricing rate agreements (FPRA) with DCMA for purposes of proposing task orders. Proposed indirect rates and direct labor rates by the hour or day shall be based upon the contractor FPRA unless approval to use alternate rates is obtained from the Contracting Officer prior to proposal receipt.
H.6.3 Government Evaluation of Task Order Proposals Upon receipt of the proposals, the Contracting Officer and the requiring activity will analyze the proposals and, if acceptable, issue a task order to the contractor whose offer provides the best value to the Government as described in the ITO.
Negotiations or discussions may be conducted prior to issuance of any task order. The standard evaluation criteria for task orders will include technical approach as detailed in the PWS (if required) and approach to meeting PWS
(management proposal), proposed cost/price (basic and all option years) and past performance (SPECIALTY SERVICES task orders), unless other criteria is specifically stated in the ITO.
Upon receipt of the proposal(s), the Contracting Officer may:
• Open discussions or negotiate with all or some contractors providing proposals
• issue a task order based upon the original proposal(s) furnished;
• reject the proposal(s), or
• cancel the requirement.
Task orders shall be issued on DD Form 1155 "Order for Supplies and Services;" (or similar form) and sent electronically to the contractor. Task order shall be consecutively numbered, dated and shall include supporting documents as applicable. If no offer is determined acceptable or the Government cancels the requirement, the Government will notify all Offerors of the cancellation.
Deviation H.6.3: Following contract award(s) the Government will determine the best value of the initial task orders, based on the task order proposals and discussions conducted (if conducted) during the overall contract source selection. For each task order, Technical approach, and Task order Management are significantly more important than cost/price.
H.6.4 Authorization to Proceed on Task Orders In time-critical circumstances, after award and prior to the Contractor’s receipt of the contractual instrument, the Contracting Officer may direct the Contractor to commence performance of the task in writing, verbally, or electronically. In no case shall the Contractor commence work without explicit approval from the Contracting Officer.
H.6.5 Option exercises at Task order level will be accomplished in accordance with FAR subpart 17.207 and Section H of this contract. Task order option periods will be outlined in each task order ITO.
H.6.6 Task Order Completion Within ninety (90) days after the completion of FFP task orders, an authorized representative of the contractor shall certify in writing to the Contracting Officer that the task order is completely billed, remaining dollars of said amount can be de-obligated (if applicable) and all deliverables have been received and accepted by the Government. This information will be used as part of the final required documentation for contract closeout. The final closeout proposal shall include itemized Accounting Classification Reference Number (ACRN) de-obligations at the CLIN level per task order. This clause applies to all task order types, with the exception of final billing for cost type task orders.
SECTION I - CONTRACT CLAUSES
The following have been added by full text:
52.252-2 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 address:
www.farsite.hill.af.mil
(End of clause)
5652.237-9001 Key Personnel Requirements (2003)
(a) Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. Such personnel are defined as "Key Personnel" and are those persons whose resumes were submitted for evaluation of the proposal. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following:
1) If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the Contracting Officer or an authorized representative, promptly replace personnel with personnel of equal ability and qualifications.
2) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute, and any other information requested by the Contracting Officer. The Contracting Officer shall promptly notify the contractor of approval or disapproval in writing.
(b) If the Contracting Officer determines that suitable and timely replacement of Key Personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the Contracting Officer may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss or damage.
(c) The following task positions are identified as Key Personnel:
The Site Lead Service Desk Lead IA Lead Networks Lead Data Center Lead Distributed Computing Lead Application Management Lead Others as determined in each SOO package
(end of clause)
The following have been deleted:
52.252-2 Clauses Incorporated By Reference FEB 1998
52.203-7 Anti-Kickback Procedures JUL 1995 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
SEP 2007
52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards
JUL 2010
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
SEP 2006
52.215-2 Audit and Records--Negotiation MAR 2009 52.215-11 Price Reduction for Defective Cost or Pricing Data--
Modifications
OCT 1997
52.215-13 Subcontractor Cost or Pricing Data--Modifications OCT 1997 52.215-14 Integrity of Unit Prices OCT 1997 52.215-15 Pension Adjustments and Asset Reversions OCT 2004 52.215-21 Requirements for Cost or Pricing Data or Information Other
Than Cost or Pricing Data--Modifications
OCT 1997
52.216-7 Allowable Cost And Payment DEC 2002 52.219-9 Alt II Small Business Subcontracting Plan (Apr 2008) Alternate II OCT 2001 52.222-19 Child Labor -- Cooperation with Authorities and Remedies AUG 2009 52.222-35 Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans
SEP 2006
52.222-36 Affirmative Action For Workers With Disabilities JUN 1998 52.222-37 Employment Reports On Special Disabled Veterans, Veterans
Of The Vietnam Era, and Other Eligible Veterans
SEP 2006
52.222-50 Combating Trafficking in Persons FEB 2009 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.230-2 Cost Accounting Standards OCT 2008 52.230-6 Administration of Cost Accounting Standards MAR 2008 52.232-17 Interest OCT 2008 52.244-2 Subcontracts JUN 2007 52.244-6 Subcontracts for Commercial Items APR 2010 52.245-1 Government Property JUN 2007 52.245-9 Use And Charges JUN 2007 52.248-1 Value Engineering FEB 2000 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) APR 2007 252.225-7009 Restriction on Acquisition of Certain Articles Containing
Speciaity Metals
JUL 2009
252.225-7012 Preference For Certain Domestic Commodities DEC 2008 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings MAR 2006 252.228-7003 Capture and Detention DEC 1991 252.231-7000 Supplemental Cost Principles DEC 1991 252.244-7000 Subcontracts for Commercial Items and Commercial
Components (DoD Contracts)
AUG 2009
The following included by full text have been revised:
52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (APR 2009)
(a) Definitions. As used in this clause--
Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. Such a concern is ``not dominant in its field of operation'' when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
(b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts--
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/services/contractingopportunities/sizestandardstopics/.
(d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees.
(e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure that they reflect the Contractor's current status. The Contractor shall notify the contracting office in writing within the timeframes specified in paragraph (b) of this clause that the data have been validated or updated, and provide the date of the validation or update.
(f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause.
(g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed:
The Contractor represents that it ( ) is, ( ) is not a small business concern under NAICS Code - assigned to contract number .
(Contractor to sign and date and insert authorized signer's name and title).
52.222-20 WALSH-HEALEY PUBLIC CONTRACTS ACT (OCT 2010)
If this contract is for the manufacture or furnishing of materials, supplies, articles or equipment in an amount that exceeds or may exceed $15,000, and is subject to the Walsh-Healey Public Contracts Act, as amended (41 U.S.C.
35-45), the following terms and conditions apply:
(a) All stipulations required by the Act and regulations issued by the Secretary of Labor (41 CFR Chapter 50) are incorporated by reference. These stipulations are subject to all applicable rulings and interpretations of the Secretary of Labor that are now, or may hereafter, be in effect.
(b) All employees whose work relates to this contract shall be paid not less than the minimum wage prescribed by regulations issued by the Secretary of Labor (41 CFR 50-202.2). Learners, student learners, apprentices, and handicapped workers may be employed at less than the prescribed minimum wage (see 41 CFR 50-202.3) to the same extent that such employment is permitted under Section 14 of the Fair Labor Standards Act (41 U.S.C. 40).
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
252.211-7003 ITEM IDENTIFICATION AND VALUATION (SEP 2010)
(a) Definitions. As used in this clause'
Automatic identification device means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
Concatenated unique item identifier means--
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number;
and serial number within the original part, lot, or batch number.
Data qualifier means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
DoD recognized unique identification equivalent” means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.
DoD unique item identification means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
Enterprise means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
Enterprise identifier means a code that is uniquely assigned to an enterprise by an issuing agency.
Government's unit acquisition cost means--
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.
Issuing agency means an organization responsible for assigning a non-repeatable identifier to an enterprise (i.e., Dun & Bradstreet's Data Universal Numbering System (DUNS) Number, GS1 Company Prefix, or Defense Logistics Information System (DLIS) Commercial and Government Entity (CAGE) Code).
Issuing agency code means a code that designates the registration (or controlling) authority for the enterprise identifier.
Item means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
Lot or batch number means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
Machine-readable means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
Original part number means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
Parent item means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
Serial number within the enterprise identifier means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
Serial number within the part, lot, or batch number means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
Serialization within the enterprise identifier means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
Serialization within the part, lot, or batch number means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
Unique item identifier means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
Unique item identifier type means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) All delivered items for which the Government's unit acquisition cost is $5,000 or more.
(ii) The following items for which the Government's unit acquisition cost is less than $5,000:
Contract line, subline, or exhibit line item No. Item description
(iii) Subassemblies, components, and parts embedded within delivered items as specified in Attachment Number ----
(2) The unique item identifier and the component data elements of the DoD unique item identification shall not change over the life of the item.
(3) Data syntax and semantics of unique item identifiers. The Contractor shall ensure that--
(i) The encoded data elements (except issuing agency code) of the unique item identifier are marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology--EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH 10.8.2 Data Identifier and Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and
(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology--Transfer Syntax for High Capacity Automatic Data Capture Media.
(4) Unique item identifier.
(i) The Contractor shall--
(A) Determine whether to--
(1) Serialize within the enterprise identifier;
(2) Serialize within the part, lot, or batch number; or
(3) Use a DoD recognized unique identification equivalent; and
(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in the version of MIL-STD-130, Identification Marking of U.S. Military Property, cited in the contract Schedule.
(ii) The issuing agency code--
(A) Shall not be placed on the item; and
(B) Shall be derived from the data qualifier for the enterprise identifier.
(d) For each item that requires unique item identification under paragraph (c)(1)(i) or (ii) of this clause, in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, either as part of, or associated with, the Material Inspection and Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) Enterprise identifier (if concatenated unique item identifier is used).
(5) Original part number (if there is serialization within the original part number).
(6) Lot or batch number (if there is serialization within the lot or batch number).
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Government's unit acquisition cost.
(11) Unit of measure.
(e) For embedded subassemblies, components, and parts that require DoD unique item identification under paragraph (c)(1)(iii) of this clause, the Contractor shall report as part of, or associated with, the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:
(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.
(2) Unique item identifier of the embedded subassembly, component, or part.
(3) Unique item identifier type.**
(4) Issuing agency code (if concatenated unique item identifier is used).**
(5) Enterprise identifier (if concatenated unique item identifier is used).**
(6) Original part number (if there is serialization within the original part number).**
(7) Lot or batch number (if there is serialization within the lot or batch number).**
(8) Current part number (optional and only if not the same as the original part number).**
(9) Current part number effective date (optional and only if current part number is used).**
(10) Serial number (if concatenated unique item identifier is used).**
(11) Description.
** Once per item.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause in accordance with the data submission procedures at http://www.acq.osd.mil/dpap/pdi/uid/data_ submission_information.html.
(g) Subcontracts. If the Contractor acquires by subcontract, any item(s) for which unique item identification is required in accordance with paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s).
5652.233-9000 Independent Review of Agency Protests (2009)
All protests shall be submitted through the Contracting Officer. A request for an independent review of the protest decision may be made to the Director of Procurement. Submit request in accordance with FAR 33.104(d)(4) to:
United States Special Operations Command Directorate of Procurement, Chief, (SORDAC-KA), 7701 Tampa Point Blvd., MacDill AFB, FL 33621, Fax (813) 826-7504.
(end of clause)
SECTION J - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
The below Table of Contents has been added
Exhibit/Attachment Table of Contents
DOCUMENT TYPE DESCRIPTION PAGES DATE
Attachment 1 Section C PWS v2.1 23 10-Jan-2011 Attachment 2 Sample SLAs 7 3-Jan-2011 Attachment 4 VECP 4 3-Jan-2011 Attachment 5 Exit Plan 5 3-Jan-2011 Attachment 6 DD 254 Security Plan 5 3-Jan-2011 Attachment 7 CDRLs 15 3-Jan-2011 Attachment 8 7th RGR SOO Package 13 12-Jan-2011 Attachment 9 SOCCENT SOO Package 17 12-Jan-2011 Attachment 10 SOCPAC-JSOTFP SOO 31 12-Jan-2011 Package Attachment 11 Draft Q&A 48 12-Jan-2011
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
52.204-8 Annual Representations and Certifications FEB 2009 52.209-8 Updates of Information Regarding Responsibility Matters APR 2010 52.222-25 Affirmative Action Compliance APR 1984 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
DEC 2001
252.225-7000 Buy American Act--Balance Of Payments Program Certificate
DEC 2009
The following included by full text have been revised:
252.204-7007 ALTERNATE A ANNUAL REPRESENTATIONS AND CERTIFICATIONS (NOV 2010)
(d) The following representations or certifications in ORCA are applicable to this solicitation as indicated:
(i) 252.209-7005, Reserve Officer Training Corps and Military Recruiting on Campus. This clause applies to all solicitations and contracts with institutions of higher education.
(ii) 252.225-7000, Buy American Act--Balance of Payments Program Certificate. This provision applies to solicitations containing the clause at 252.225-7001, Buy American Act and Balance of Payments Program.
(iii) 252.225-7020, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 252.225-7021, Trade Agreements.
(iv) 252.225-7022, Trade Agreements Certificate--Inclusion of Iraqi End Products. This provision applies to solicitations containing the clause at 252.225-7021, Trade Agreements, used with its Alternate I.
(v) 252.225-7031, Secondary Arab Boycott of Israel. This provision applies to all solicitations unless an exception applies or a waiver has been granted in accordance with 225.7604.
(vi) 252.225-7035, Buy American Act--Free Trade Agreements--Balance of Payments Program Certificate.
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