H9240819R0001_DRFP_30Jul19.pdf
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- Attached to
- MEUAS IV Draft RFP Federal contract opportunity
- Solicitation number
- H9240819R0001
- Issued by
- United States Special Operations Command
About this file
This is a draft request for proposal for Mid Endurance Unmanned Aircraft Services (MEUAS IV). The RFP seeks proposals for multiple award indefinite-delivery/indefinite-quantity contracts to provide intelligence, surveillance, and reconnaissance services worldwide using unmanned aircraft systems. The contract value is $1,500 minimum to $975 million maximum over five years of ordering. Comments on the draft RFP are due by August 13, 2019, with the final RFP releasing on September 3rd and proposals due October 2, 2019. The contract will have both fixed-price and cost-reimbursable line items, and task orders will specify the required services. Offerors may propose multiple platforms. The RFP includes a notional CLIN structure, on/off ramping procedures, and task order and contract administration details.
MEUAS IV Draft RFP
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CODE
(Hour)
PAGE(S)
until local time
X
A
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X C X D
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F 56 - 61
62 - 71
X H 72 - 77 jennifer.metty@socom.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
1 77
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
H92408 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
METTY, JENNIFER A. (813) 826-7975
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 - 2 X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 7 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 8 - 11 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIO NS AND INSTRUCTIO NS
PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS
12 - 54
PART II - CO NTRACT CLAUSES
HQ USSOCOM
SOF AT&L-KF
7701 TAMPA POINT BLVD
TAMPA FL 33621-5323
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
H9240819R0001
Section A - Solicitation/Contract Form
INTRODUCTION
B.1 INTRODUCTION
This solicitation is intended for Multiple Award Indefinite-Delivery/Indefinite-Quantity (IDIQ) contracts for Mid-
Endurance Unmanned Aircraft Systems (MEUAS IV) to provide services for Intelligence, Surveillance, and
Reconnaissance (ISR) worldwide. The contract will be primarily firm-fixed-price with cost reimbursable line items as noted. The contract(s) include a 60 month ordering period. At time of contract award a task order(s) will be issued to meet the minimum guarantee. There are NO orders guaranteed above the stated minimum. Task Orders will be competed thereafter as requirements are identified. Option(s) may be included at the task order level. The contracts will be awarded without considering price as a factor to each and all offerors that: (i) are determined to be responsible sources under FAR subpart 9.1; (ii) submit a technically acceptable proposal that conforms to the requirements of the solicitation; (iii) and would not be likely to offer other than fair and reasonable pricing during fair opportunity competitions for task orders (hereinafter “Qualifying Offerors”), as provided for in DARS Class
Deviation 2018-O0006, which implements section 825 of the National Defense Authorization Act for Fiscal Year
2017 (Pub. L. No. 114-328).
The contract minimum amount is $1500.00 per contract awarded and the contract maximum amount is
$975,000,000.00 over the life of the combined contract(s).
B.2 CONTRACT LINE ITEM NUMBER (CLINs) STRUCTURE
Section J, Attachment V contains a notional CLIN structure which will be utilized for pricing at the task order level.
B.3 MULTIPLE PLATFORMS PROPOSED:
Offerors may propose multiple platforms. Please see Section L for instructions.
B.4 ON/OFF RAMPING:
On/off Ramping is detailed in Section H.
B.5 TASK ORDER (TO) PROCEDURES AND CONTRACT ADMINISTRATION:
TO Procedures and Contract Administration are detailed in Section J, Attachment 4.
Section C - Descriptions and Specifications
DESCRIPTION AND SPECIFICATIONS
Section C - Descriptions and Specifications. The contractor shall perform all work in accordance with the
Performance Work Statement (PWS) listed as Attachment 1 in Section J and as cited on individual task orders issued under this contract. Additional details regarding DD1423, Contract Data Requirements Lists are specified as Exhibit A listed in Section J of the contract.
Section D - Packaging and Marking
MARK FOR
The shipping, address, contract number, device number, and any other "MARK FOR" information shall be clearly marked on the outside of all packages shipped under this contract. Information shall be easily identified without opening the package. This information shall also be included on the inside of all packages.
Section E - Inspection and Acceptance
INSPECTION & ACCEPTANCE TERM
Inspection and Acceptance are at destination by the Government unless otherwise indicated on the individual task orders.
CLAUSES INCORPORATED BY REFERENCE
52.246-4 Inspection Of Services--Fixed Price AUG 1996
52.246-5 Inspection Of Services Cost-Reimbursement APR 1984
252.201-7000 Contracting Officer's Representative DEC 1991
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984
52.242-17 Government Delay Of Work APR 1984
52.247-34 F.O.B. Destination NOV 1991
52.247-55 F.O.B. Point For Delivery Of Government-Furnished
Property
JUN 2003
Section G - Contract Administration Data
252.204-7006 Billing Instructions OCT 2005
252.225-7005 Identification Of Expenditures In The United States JUN 2005
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7006 Wide Area WorkFlow Payment Instructions DEC 2018
CLAUSES INCORPORATED BY FULL TEXT
5652.216-9000 Fixed Fee Information (2003)
Subject to the requirements of FAR 52.216-8 and all other withholding requirements of this contract, the fixed fee stated in Section B shall be paid to the contractor at the same percentage rate as the percentage of incurred and allowable costs proportionate to the total estimated cost.
(end of clause)
Section H - Special Contract Requirements
SECTION H CLAUSES
H.1. INITIAL TASK ORDER
(a) Each awardee will receive an initial task order to attend a post award kick-off meeting, which will meet the contract minimum guaranteed purchase amount requirement of $1500.00. The kick-off meeting will require the attendance of at least the IDIQ Program Manager and the Logistics Manager. The post award kick-off meeting will be conducted within 30 calendar days of contract award at a location within the vicinity of Tampa, Florida. This
CLIN will be cost reimbursable (travel costs allowable under FAR 31.205-46 and the fully-burdened labor rate of the awardee’s participating employees during the meeting).
H-2. ON/OFF RAMP PROCEDURES
(a) On-Ramp. The Government intends to establish a pool of contract holders under the MEUAS IV effort by awarding an IDIQ contract to each and all Qualifying Offerors based on the specific MEUAS platforms proffered by each offeror and approved by the Government during award of the MEUAS IV IDIQ contract. The Contracting
Officer intends to periodically review the need for additional contractors and additional platforms, and may reopen the MEUAS IV IDIQ contract competition at any time during the term of the contract for either purpose. When the
Contracting Officer decides to open an On-Ramp event, it will be announced via FedBizOpps.
(i) New MEUAS IV IDIQ Contract Holders. Existing MEUAS IV IDIQ contract holders may not participate in an
On-Ramp event to add new contract holders. A new contract holder On-Ramp event will use the same evaluation methodology and documentation, updated to reflect any changes in statutory or regulatory provisions, established in the initial H9240819R0001 solicitation. Each new awardee will compete with existing MEUAS IV contractor holders for all subsequent task orders (excluding an initial order to meet the minimum guaranteed purchase amount).
The Government is not required to “level the playing field” for new contract holders in competition with established contract holder pool members. On-Ramp events for new awardees will not cause an increase in the contract ceiling, and the ordering period for new awardees under the MEUAS IV IDIQ contract will be the amount of time remaining on the ordering period for existing contract holders. The Government will not consider unsolicited requests for a new awardee On-Ramp event. At the conclusion of an On-Ramp event, the Contracting Officer may reject all proposals submitted by offerors under a new contract holder On-Ramp event. The costs to participate in a new contract holder On-Ramp event shall be borne wholly by each offeror.
(ii) Established MEUAS IV IDIQ Contract Holders. Existing MEUAS IV IDIQ contract holders may participate in an On-Ramp event to add a new MEUAS platform or platforms to their contracts. A new platform On-Ramp event will use the same evaluation methodology and documentation, updated to reflect any changes in statutory or regulatory provisions, established in the initial H9240319R0004 solicitation. The costs to participate in a new platform On-Ramp event shall be borne wholly by each participating contracts holder. No contract holder will be penalized for failure to have their proffered platform accepted or for choosing not to participate in a new platform
On-Ramp event.
(b) Off-Ramp.
The Government reserves the right to eliminate (i.e., “off-ramp”) a contract holder from the pool of MEUAS IV
IDIQ contract holders if a contract holder has no active task orders and: (i) has been in Dormant Status for more than twelve months; or (ii) has not participated in any fair opportunity competitions for which it was eligible during the twelve-month period immediately prior to elimination.
H.3. DORMANT STATUS
The MEUAS IV IDIQ contract provides a means to deploy ISR services for Special Operations Forces (SOF) worldwide, and is therefore of crucial importance to national security and the successful execution of SOF missions.
Consequently, MEUAS IV must be reserved for contract holders that demonstrate dedication to the SOF mission.
Accordingly, if the MEUAS IV KO determines that any requirement of the MEUAS IV IDIQ contract is not being met by a contract holder, or if any contract holder fails to participate in three fair opportunity competitions in any twelve-month period (not including competitions in which the contract holder is unable to participate due to an exception to the fair opportunity requirement), the contract holder may be placed into Dormant Status.
If Dormant Status is activated, the contract holder shall not be eligible to receive an award based on a Fair
Opportunity Exception and/or participate or compete in any subsequent task order solicitations while the contract holder is in such status. However, contract holders placed in Dormant Status shall continue performance on previously awarded and active task orders, including the exercise of options and modifications at the task order level.
Dormant Status is not a Debarment, Suspension, or Ineligibility as defined in FAR subpart 9.4 or a Termination as defined in FAR part 49. Dormant Status is a condition that applies to the MEUAS IV IDIQ contract only. Grounds for being placed in Dormant Status specifically include, but are not limited to, trends or patterns of behavior associated with the failure to meet the deliverables and compliances specified in the MEUAS IV IDIQ contract and any task order issued to the contract holder.
Dormant Status will only be imposed after careful consideration of the situation and collaboration with the contract holder to resolve the issues. To place a contract holder in Dormant Status, the MEUAS IV KO must first send a letter to the contract holder regarding the poor performance, non-participation, or non-compliance issue. The contract holder shall have reasonable time, at the discretion of the MEUAS IV KO, to provide the MEUAS IV KO with a remediation plan to correct the issue(s). If the MEUAS IV KO is satisfied with the contract holder’s response, the contract holder will not be placed in Dormant Status. If the MEUAS IV KO is not satisfied with the response, or the remediation plan is not effective, the MEUAS IV KO may issue a final decision, in writing, placing the contract holder in a Dormant Status. The MEUAS IV KO’s final decision may be appealed to the USSOCOM Ombudsman under section 8 of the MEUAS IV Task Ordering Procedures. This appeal process does not waive the contract holder’s right to appeal to the Armed Services Board of Contract Appeals or United States Court of Federal Claims.
H.4. TECHNICAL IMPROVEMENTS
After contract award, the Government may solicit, or the Contractor may propose, technology improvements to the equipment, software, procedures or other necessary means of rendering the required services under the contract. For purposes of this contract, these improvements will be considered Engineering Change Proposals and Engineering
Change Orders. These improvements may be proposed to save money, save energy, improve performance or for any other purpose which presents a technological advantage to the Government. Those proposed technology improvements that are acceptable to the Government will be processed as modifications to the contract.
(a) As a minimum, the following information shall be submitted by the Contractor with each proposal:
(1) A description of the difference between the existing contract requirement and the proposed change, and the comparative advantages and disadvantages of each;
(2) Itemized requirements of the contract which must be changed if the proposal is adopted, and the proposed revision to the contract for each such change;
(3) An estimate of the changes in performance and cost, if any, that will result from adoption of the proposal;
(4) An evaluation of the effects the proposed changes would have on collateral costs to the Government, such as
Government-furnished property costs, costs of related items, and costs of maintenance, operation and conversion
(including Government application software);
(5) A statement of the time by which the contract modification adopting the proposal must be issued so as to obtain the maximum benefits of the changes during the remainder of this contract including supporting rationale;
(6) Any effect on the contract completion time or delivery schedule; and
(7) A price proposal to the Contracting Officer for evaluation.
(b) The Government reserves the right to require a rerun of the entire live test demonstration, or selected portions thereof, to verify the proposed technical improvement, at no charge to the Government.
(c) Technical improvements may not be proposed with a task order proposal. All technical improvements must be approved by the Contracting Officer before they may be incorporated into a task order proposal.
(d) The Government will not be liable for technical improvement proposal preparation costs or any delay in acting upon any technical improvement proposal submitted pursuant herein. The Contractor has the right to withdraw, in whole or in part, any technical improvement proposal not accepted by the Government within the period specified in the proposal. The decision of the Contracting Officer regarding the acceptance of any such technical improvement proposal under this contract is final and not subject to the “Disputes” clause of this contract.
(d) The Contracting Officer may accept any proposal submitted pursuant to this clause by giving the Contractor written notice thereof. This notice may be given by letter, email, or a modification to this contract. However, unless and until a contract modification is executed to incorporate a technical improvement proposed under this contract, the Contractor shall remain obligated to perform in accordance with the requirements, terms and conditions of the existing contract.
H.5. TASK ORDERING PROCEDURES AND CONTRACT ADMINISTRATION
See Section J, Attachment 4.
H.6. MANDATORY ELIGIBILITY FOR INSTALLATION ACCESS
This clause applies to all service solicitations and resulting contracts for performance OCONUS (except the
Afghanistan Area of Responsibility sites which shall use 5151.225-7016 from the Theater Business Clearance
Contracting Officer’s Guide.)
MANDATORY ELIGIBILITY FOR INSTALLATION ACCESS
(JUNE 2019)
(a) U.S. and Coalition Commanders possess inherent authority to maintain law and order, provide security, and impose discipline necessary to protect the inhabitants of U.S. and/or Coalition installations, U.S. and Coalition personnel operating outside of installations, and U.S. or Coalition-funded developmental projects Outside the
Contiguous United States (OCONUS). This authority allows commanders to administratively and physically control access to installations and/or project sites, and to bar contracts – including prime contractors, subcontractors at any tier, and any employees, from an installation or site. A commander’s inherent force protection (FP) authority is independent of an agency’s contracting authority, and it may not be superseded by any contractual term or provision.
(b) The prime Contractor/Vendor acknowledges that: submission of a bid, offer, or a proposal; acceptance of contract award of any type; or continuing effort under any contract that includes this clause; requires that the prime
Contractor/Vendor, and all subcontractors under any affected contracts be initially eligible – and remain eligible during the entire period of contract performance to include any warrant period – for installation access to a U.S.
and/or Coalition installation, regardless of whether the performance will take place on or off a U.S. or Coalition installation.
(c) To be eligible for installation access, Contractors and subcontractors at all tiers are required to be registered in the SPOT database (further information at https://www.acq.osd.mil) and are responsible for keeping the information in the this system current at all times. Prime Contractors and subcontractors at any tier may be updated by the company administrator in the system for government approval. The offeror must have all credentials required for
SPOT to be eligible for installation access prior to award, and remain eligible for installation access for the life of the contract.
(1) The offeror is required to submit a listing of all proposed subcontractors, at all tiers, to the contracting officer with the submission of the proposal, and provide updates during the life of the contract when subcontractors are added or removed. If no subcontractors are expected to perform during the life of the contract, the offeror must submit a negative response to the Contracting Officer with its proposal. After award, the prime contractor must submit a negative response to the contracting officer at the beginning of each performance period.
(2) Failure to be approved in SPOT – and thereby be eligible for installation access at the
Prime and subcontractor levels – or failure to inform the contracting officer of the names of all prospective subcontractors (or provide a negative reply), may render the offerors/contractor ineligible for award or continued performance. Additionally, any firm that is declared ineligible for installation access will be deemed non-responsible until such time as that firm is again deemed eligible by the appropriate access approval authority.
(d) Installation access determinations arise from the Forward Base Commander’s inherent authority and are separate and distinct from any law, regulation, or policy regarding suspension and debarment authority. Contractor queries or requests for reconsideration related to U.S. or Coalition installation base access eligibility must be directed to the authority responsible for base access decisions.
(End of Clause)
H.7. CENTCOM CLAUSES
Applicable U.S. Central Command (CENTCOM) clauses are located in Section J, Attachment 3.
5652.209-9003 Use of Contractor Support/Advisory Personnel (2015) Section H (Revised August 2015)
The contractor’s attention is directed to the fact that USSOCOM contracts for various IT, business, acquisition, technical, and staff support services, some of which require support contractor access to proprietary information submitted by other contractors during administration of this contract. Execution of this contract constitutes approval to release the contract, contractor proposals, other contractor information, or proprietary data obtained during contract administration to Government Support Contractors who require access and have signed Non-Disclosure and
Rules of Conduct/Conflict of Interest Statements.
Section I - Contract Clauses
52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015
52.203-16 Preventing Personal Conflicts of Interest DEC 2011
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
52.204-2 Security Requirements AUG 1996
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018
52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.204-22 Alternative Line Item Proposal JAN 2017
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.209-11 Representation by Corporations Regarding Delinquent Tax
Liability or a Felony Conviction under any Federal Law
FEB 2016
52.210-1 Market Research APR 2011
52.211-15 Defense Priority And Allocation Requirements APR 2008
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011
52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
AUG 2011
52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010
52.215-14 Integrity of Unit Prices OCT 2010
52.215-15 Pension Adjustments and Asset Reversions OCT 2010
52.215-16 Facilities Capital Cost of Money JUN 2003
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997
52.215-20 Requirements for Certified Cost or Pricing Data or
Information Other Than Certified Cost or Pricing Data
OCT 2010
52.215-21 Alt II Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data -- Modifications
(Oct 2010) - Alternate II
OCT 1997
52.215-23 Alt I Limitations on Pass-Through Charges (Oct 2009) - Alternate I OCT 2009
52.216-7 Allowable Cost And Payment AUG 2018
52.216-8 Fixed Fee JUN 2011
52.219-8 Utilization of Small Business Concerns OCT 2018
52.222-1 Notice To The Government Of Labor Disputes FEB 1997
52.222-2 Payment For Overtime Premiums JUL 1990
52.222-3 Convict Labor JUN 2003
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity SEP 2016
52.222-29 Notification Of Visa Denial APR 2015
52.222-35 Equal Opportunity for Veterans OCT 2015
52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014
52.222-37 Employment Reports on Veterans FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-54 Employment Eligibility Verification OCT 2015
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-6 Drug-Free Workplace MAY 2001
52.223-11 Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons.
JUN 2016
52.223-14 Acquisition of EPEAT -Registered Televisions JUN 2014
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.224-1 Privacy Act Notification APR 1984
52.224-3 Privacy Training JAN 2017
52.225-13 Restrictions on Certain Foreign Purchases JUN 2008
52.227-1 Authorization and Consent DEC 2007
52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-3 Patent Indemnity APR 1984
52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014
52.228-7 Insurance--Liability To Third Persons MAR 1996
52.229-3 Federal, State And Local Taxes FEB 2013
52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013
52.232-1 Payments APR 1984
52.232-8 Discounts For Prompt Payment FEB 2002
52.232-9 Limitation On Withholding Of Payments APR 1984
52.232-11 Extras APR 1984
52.232-17 Interest MAY 2014
52.232-18 Availability Of Funds APR 1984
52.232-20 Limitation Of Cost APR 1984
52.232-22 Limitation Of Funds APR 1984
52.232-23 Assignment Of Claims MAY 2014
52.232-25 Prompt Payment JAN 2017
52.232-25 Alt I Prompt Payment (Jan 2017) Alternate I FEB 2002
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-37 Multiple Payment Arrangements MAY 1999
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991
52.233-2 Service Of Protest SEP 2006
52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.237-3 Continuity Of Services JAN 1991
52.242-1 Notice of Intent to Disallow Costs APR 1984
52.242-3 Penalties for Unallowable Costs MAY 2014
52.242-4 Certification of Final Indirect Costs JAN 1997
52.242-13 Bankruptcy JUL 1995
52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984
52.243-2 Alt I Changes--Cost-Reimbursement (Aug 1987) - Alternate I APR 1984
52.243-7 Notification Of Changes JAN 2017
52.244-2 Subcontracts OCT 2010
52.244-6 Subcontracts for Commercial Items JAN 2019
52.245-1 Government Property JAN 2017
52.245-1 Alt I Government Property (JAN 2017) Alternate I APR 2012
52.245-9 Use And Charges APR 2012
52.246-25 Limitation Of Liability--Services FEB 1997
52.247-63 Preference For U.S. Flag Air Carriers JUN 2003
52.247-64 Preference for Privately Owned U.S. - Flag Commercial
Vessels
FEB 2006
52.247-68 Report of Shipment (REPSHIP) FEB 2006
52.248-1 Value Engineering OCT 2010
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-6 Termination (Cost Reimbursement) MAY 2004
52.249-8 Default (Fixed-Price Supply & Service) APR 1984
52.249-14 Excusable Delays APR 1984
52.251-1 Government Supply Sources APR 2012
52.253-1 Computer Generated Forms JAN 1991
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7003 Agency Office of the Inspector General DEC 2012
252.204-7000 Disclosure Of Information OCT 2016
252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7005 Oral Attestation of Security Responsibilities NOV 2001
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
MAY 2019
252.211-7007 Reporting of Government-Furnished Property AUG 2012
252.215-7007 Notice of Intent to Resolicit JUN 2012
252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997
252.223-7004 Drug Free Work Force SEP 1988
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award
MAY 2019
252.225-7007 Prohibition on Acquisition of Certain Items from Communist
Chinese Military Companies
DEC 2018
252.225-7012 Preference For Certain Domestic Commodities DEC 2017
252.225-7041 Correspondence in English JUN 1997
252.225-7048 Export-Controlled Items JUN 2013
252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014
252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2016
252.227-7025 Limitations on the Use or Disclosure of Government-
Furnished Information Marked with Restrictive Legends
MAY 2013
252.227-7030 Technical Data--Withholding Of Payment MAR 2000
252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016
252.228-7003 Capture and Detention DEC 1991
252.231-7000 Supplemental Cost Principles DEC 1991
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7008 Assignment of Claims (Overseas) JUN 1997
252.232-7010 Levies on Contract Payments DEC 2006
252.233-7001 Choice of Law (Overseas) JUN 1997
252.235-7003 Frequency Authorization MAR 2014
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.245-7000 Government-Furnished Mapping, Charting, and Geodesy
Property
APR 2012
252.245-7002 Reporting Loss of Government Property DEC 2017
252.245-7003 Contractor Property Management System Administration APR 2012
252.246-7001 Warranty Of Data MAR 2014
252.246-7004 Safety of Facilities, Infrastructure, and Equipment for
Military Operations
OCT 2010
252.247-7023 Alt I Transportation of Supplies by Sea (FEB 2019) Alternate I FEB 2019
52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)
(a) Definition.
United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.
(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--
(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--
(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and
(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.
(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.
(3) Any required posters may be obtained as follows:
Poster(s) Obtain from http://www.dodig.mil/HOTLINE/index.html
(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster);
and
(ii) The website(s) or other contact information for obtaining the poster(s).)
(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million , except when the subcontract--
(1) Is for the acquisition of a commercial item; or
(2) Is performed entirely outside the United States.
(End of clause)
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $5,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor -
(1) Any order for a single item in excess of $25,000,000.00;
(2) Any order for a combination of items in excess of $150,000,000.00; or
(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal
Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the
Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and
Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 60 months from date of award.
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the
Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the
Contractor within 30 days.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 45 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months from date of award.
52.222-50 COMBATING TRAFFICKING IN PERSONS (JAN 2019) ALTERNATE I (MAR 2015)
(a) Definitions. As used in this clause—
“Agent” means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the organization.
“Coercion” means—
(1) Threats of serious harm to or physical restraint against any person;
(2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(3) The abuse or threatened abuse of the legal process.
“Commercial sex act” means any sex act on account of which anything of value is given to or received by any person.
“Commercially available off-the-shelf (COTS) item” means--
(1) Any item of supply (including construction material) that is—
(i) A commercial item (as defined in paragraph (1) of the definition at FAR 2.101);
(ii) Sold in substantial quantities in the commercial marketplace; and
(iii) Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in the commercial marketplace; and
(2) Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.
“Debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.
“Employee” means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or involvement in contract performance.
“Forced labor” means knowingly providing or obtaining the labor or services of a person—
(1) By threats of serious harm to, or physical restraint against, that person or another person;
(2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or
(3) By means of the abuse or threatened abuse of law or the legal process.
“Involuntary servitude” includes a condition of servitude induced by means of—
(1) Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or
(2) The abuse or threatened abuse of the legal process.
“Recruitment fees” means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.
(1) Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for--
(i) Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills testing, recommending, or placing employees or potential employees;
(ii) Advertising;
(iii) Obtaining permanent or temporary labor certification, including any associated fees;
(iv) Processing applications and petitions;
(v) Acquiring visas, including any associated fees;
(vi) Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;
(vii) Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security clearance checks and examinations; and additional certifications;
(viii) An employer's recruiters, agents or attorneys, or other notary or legal fees;
(ix) Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential employees;
(x) Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;
(xi) Transportation and subsistence costs--
(A) While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and
(B) From the airport or disembarkation point to the worksite;
(xii) Security deposits, bonds, and insurance; and
(xiii) Equipment charges.
(2) A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is--
(i) Paid in property or money;
(ii) Deducted from wages;
(iii) Paid back in wage or benefit concessions;
(iv) Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or
(v) Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to--
(A) Agents;
(B) Labor brokers;
(C) Recruiters;
(D) Staffing firms (including private employment and placement firms);
(E) Subsidiaries/affiliates of the employer;
(F) Any agent or employee of such entities; and
(G) Subcontractors at all tiers.
“Severe forms of trafficking in persons” means—
(1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
(2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
“Sex trafficking” means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
“Subcontract” means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.
“Subcontractor” means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.
“United States” means the 50 States, the District of Columbia, and outlying areas.
(b) Policy. The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of this clause. Contractors, contractor employees, and their agents shall not—
(1) Engage in severe forms of trafficking in persons during the period of performance of the contract;
(2) Procure commercial sex acts during the period of performance of the contract;
(3) Use forced labor in the performance of the contract;
(4) Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as passports or drivers' licenses, regardless of issuing authority;
(5)(i) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;
(ii) Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;
(6) Charge employees and potential employees recruitment fees;
(7)(i) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment--
(A) For an employee who is not a national of the country in which the work is taking place and who was brought into that country for the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or
(B) For an employee who is not a United States national and who was brought into the United States for the purpose of working on a U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that--
(ii) The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is--
(B) Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the cost of return transportation;
(iii) The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim services or legal redress in the country of employment, or for a witness in an enforcement action related to trafficking in persons. The contractor shall provide the return transportation or pay the cost of return transportation in a way that does not obstruct the victim services, legal redress, or witness activity. For example, the contractor shall not only offer return transportation to a witness at a time when the witness is still needed to testify.
This paragraph does not apply when the exemptions at paragraph (b)(7)(ii) of this clause apply.
(8) Provide or arrange housing that fails to meet the host country housing and safety standards; or
(9) If required by law or contract, fail to provide an employment contract, recruitment agreement, or other required work document in writing. Such written work document shall be in a language the employee understands. If the employee must relocate to perform the work, the work document shall be provided to the employee at least five days prior to the employee relocating. The employee's work document shall include, but is not limited to, details about work description, wages, prohibition on charging recruitment fees, work location(s), living accommodations and associated costs, time off, roundtrip transportation arrangements, grievance process, and the content of applicable laws and regulations that prohibit trafficking in persons.
(c) Contractor requirements. The Contractor shall—
(1) Notify its employees of—
(i) (A) The United States Government's policy prohibiting trafficking in persons described in paragraph (b) of this clause; and
(B) The following directive(s) or notice(s) applicable to employees performing work at the contract place(s) of performance as indicated below:
Document Title Document may be obtained from: Applies to performance in/at:
PGI 222.17
Combating
Trafficking in
Persons http://www.acq.osd.mil/DPAP/DARS/pgi/pgi_htm/PGI222_17.htm OCONUS
(ii) The actions that will be taken against employees or agents for violations of this policy. Such actions for employees may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and
(2) Take appropriate action, up to and including termination, against employees, agents, or subcontractors that violate the policy in paragraph (b) of this clause.
(d) Notification. (1) The Contractor shall inform the Contracting Officer and the agency Inspector General immediately of—
(i) Any credible information it receives from any source (including host country law enforcement) that alleges a
Contractor employee, subcontractor, subcontractor employee, or their agent has engaged in conduct that violates the policy in paragraph (b) of this clause (see also 18 U.S.C. 1351, Fraud in Foreign Labor Contracting, and 52.203-
13(b)(3)(i)(A), if that clause is included in the solicitation or contract, which requires disclosure to the agency Office of the Inspector General when the Contractor…
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