RFP 03 Jan 2011.doc
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- Attached to
- DREN III
- Solicitation number
- HC1013-11-R-0100
- Issued by
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Defense Information Systems Agency
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RFP
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| File | Type | Posted |
|---|---|---|
| RFP Attach 9 - Request for Clarification Sample.xls | XLS spreadsheet | |
| RFP Attach 2 - PWS With Attachments 1 Dec 2010.docx | DOCX document | |
| RFP Attach 11 Section L - Instructions to Offerors 03 Jan 2011.doc | DOC document | |
| RFP Attach 3 - DD254.docm | DOCM document | |
| RFP Attach 12 Section M - Evaluation Criteria 03 Jan 11.doc | DOC document | |
| RFP Attach 8 - PP Client Auth.doc | DOC document | |
| RFP Attach 4 - Cross Ref Matrix.doc | DOC document | |
| RFP Attach 10 - QASP_v5 14 Sep 12 50 hours.docx | DOCX document | |
| RFP Attach 5 - Performance Information Sheet.doc | DOC document | |
| RFP Attach 7 - PP Consent Letter.doc | DOC document |
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Section B - Supplies or Services and Prices
SECTION B
Section B - Supplies or Services and Prices
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
$250,000.00
$750,000,000.00
See Attachment 1 for CLINS.
Section C - Descriptions and Specifications
SECTION C
See Attachment 2 Performance Work Statement.
Section E - Inspection and Acceptance
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-4 |
| Inspection Of Services--Fixed Price |
| AUG 1996 |
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
| 52.246-25 |
| Limitation Of Liability--Services |
| FEB 1997 |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| UIC |
CLAUSES INCORPORATED BY REFERENCE
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.242-17 |
| Government Delay Of Work |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
Section G - Contract Administration Data
CONTRACT PAYMENTS - DTI
Delivery Ticket Invoice Procedures
1. General: The Delivery Ticket Invoice (DTI) contract payment method may be applied against firm fixed priced Communications Service Authorizations (CSAs) in which the receiving document, when combined with the CSA order, contains sufficient information to determine a vendor’s payment entitlement, without requiring the vendor to submit an invoice. The DTI contract payment method offers a multitude of benefits including: eliminating rejected invoices, reducing DFAS charges for invoice processing and error reporting, reducing paperwork, eradicating Prompt Payment incidents, and automation gains.
2. Eligibility: The DTI contract payment method applies only to CSAs with firm fixed prices (i.e., no taxes, surcharges, or any fee or charge that varies each month). To facilitate the use of DTI, Contracting Officers shall pursue negotiating firm fixed prices for individual circuits, Public Switched Telephone Network (PSTN) services, wireless telecommunication services and telecommunication services available under existing Indefinite Delivery (ID) contracts (i.e., requirements authorized to be submitted via TSR/TSO). Historically, usage charges have prevented firm fixed pricing on the typical telecommunications contract. However, the telecommunications industry is evolving to receptiveness of firm fixed prices, and the DTI payment method offers advantages for the vendor.
3. Ineligibility: The DTI contract payment is not applicable to CSAs that are not one hundred percent firm fixed priced. Some examples when DTI is not authorized include:
· telecommunication usage with fixed unit pricing but variable usage units
· if taxes or any other fees are not embedded into the firm fixed price
· tariff pricing
· foreign currency adjustments
4. Clause: Firm fixed price CSAs shall include the following DTI Clause:
CONTRACT PAYMENTS - DELIVERY TICKET INVOICE PROCEDURE
Payments for eligible Communication Service Authorization(s) issued under this contract shall be made by the US Government using the Delivery Ticket Invoice (DTI) contract payment method. The DTI contract payment method is authorized by Volume 10, Chapter 7, Section 070203 of the Department of Defense Financial Management Regulation (FMR). As prescribed by the FMR, DTI payments will be provided automatically by the US Government. The vendor shall not submit invoices for telecommunication services provided under this contract. Any invoices submitted by the vendor will be considered invalid.
Upon acceptance of the telecommunications service by the Government, the Contracting Officer shall issue a DTI document. The DTI document, which contains the FMR elements required for a valid invoice, will be revised when any element is changed, and will supersede any previous DTI document(s). Each DTI document created by the Contracting Officer shall form the basis for payment for each accepted telecommunication service. It is the responsibility of the vendor to notify the Contracting Officer of any conflict between the contract price and the amount authorized by the DTI document.
Payments will be processed by:
DFAS Columbus (HQ0252), P.O. Box 183125, Columbus, OH 43218-3125
DFAS point of contact for payment problems: 1-800-756-4571, OPTION 2, OPTION 1
5. Acceptance: Positive acceptance is the only method of acceptance with a DTI contract.. Examples of positive acceptance include a government representative providing a DD250, an In Effect Report, or a customer email.
6. DTI Document: The Contracting Officer/Contract Specialist must ensure a DTI document is created and provided to the vendor. After the customer provides written positive acceptance, the Contracting Officer/Contract Specialist must create the DTI document by following the instructions below and the attached template:
| Data Element |
| Data Source |
| Format |
| Create from Word template (Attachment One) |
| 1. DTI Document Date |
| Enter date created |
| 2. Acceptance Date |
| Enter date from the acceptance document (if an In Effect Report, Item 6b). |
| 3. Contractor Name and Address |
| “Copy and paste” from contract |
4. Invoice Date (note, logically there is no invoice, so one may question the need for an invoice date. However, this is a required element per the FMR. Do not confuse invoice date with “effective date”, “bill date” or “acceptance date”.)
Manual calculation:
Obtain the “Effective Date” from the Detail Master Record
· If the “Effective Date” is the first of any month, the invoice date is the first of the next month.
For example, if the “Effective Date” is 1 Oct 09, the invoice date is 1 Nov 09.
· If the “Effective Date” is not the first of any month and the “99 bill date” is used, the invoice date is the first of the next month.
For example, an “Effective Date” of “17 Oct 09” with a “99 bill date” equates to an invoice date of “1 Nov 09”
· If the “Effective Date” is not the first of any month and the “99 bill date” is not used, the invoice date is one month and one day after the “Effective Date”.
For example, an “Effective Date” of “17 Oct 09” without a “99 bill date” equates to an invoice date of “18 Nov 09”.
| Data Element |
| Data Source |
| 5. Contract Number and TSR/TSO Number |
| “Copy and paste” from contract |
| 6. Description, Quantity, Unit Of Measure, Unit Price And Extended Price And Payment Terms |
| “Copy and paste” from contract |
| 7. Vendor’s “Remit to” Information |
| Obtain from Central Contract Registration point of contact in PL8221 |
| 8. Vendor’s Point of Contact |
| Obtain from Central Contract Registration point of contact in PL8221 |
| 9. Prepared by |
| Name and contact information for person preparing this DTI document |
| 10. Document Footer |
| Payment for telecommunication service provided under this contract shall be made using the Delivery Ticket Invoice process. The vendor shall not submit invoices for telecommunication services provided under this contract. |
| 11. Filing |
| Manual file in EDMS, tab C02 |
| 12. PL13 Notification (necessary to add the DTI telco vendor code to the Weekly Fast Pay Process) |
| Email DTI document to PL13 shared mailbox @disa.mil [exact email address to be provided prior to publication] |
| 13. Vendor Notification |
| Email DTI document to vendor |
Attachment One
DTI Document Template
· Template should be in your Word template folder; if not, copy the table only into a new document.
· Name the document “DTI Document [CSA number]”; example “DTI Document FTSM T1 P 450881 DAL”.
Delivery Ticket Invoice Document
| 1. Document Date: |
| [enter current date as dd/mmm/yy for example“2 Jul 09”] |
| 2. Acceptance Date: |
| [enter date as dd/mmm/yy from the acceptance document (if using an Effect report use item 6B] |
| 3. Contractor Name and Address: |
| [“copy and paste” from contract] |
| 4. Invoice Date: |
| [Enter as dd/mmm/yy |
Manual calculation:
Obtain the “Effective Date” from the Detail Master Record
- If the “Effective Date” is the first of any month, the invoice date is the first of the next month.
For example, if the “Effective Date” is 1 Oct 09, the invoice date is 1 Nov 09.
- If the “Effective Date” is not the first of any month and the “99” bill date is used, the invoice date is the first of the next month.
For example, an “Effective Date” of “17 Oct 09” with a “99 bill date” equates to an invoice date of “1 Nov 09”
- If the “Effective Date” is not the first of any month and the “99 bill date” is not used, the invoice date is one month and one day after the “Effective Date”.
For example, an “Effective Date” of “17 Oct 09” without a “99 bill date” equates to an invoice date of “18 Nov 09”.
5. Contract Number:
TSR/TSO Number:
[“copy and paste” from contract]
[“copy and paste” from contract]
| 6. Description, Quantity, Unit Of Measure, Unit Price And Extended Price And Payment Terms: |
| [“copy and paste” from contract] |
| 7. Vendor’s “Remit to” Information: |
| [“copy and paste” email feedback from Central Contract Registration point of contact in PL8221] |
| 8. Vendor’s Point of Contact: |
| [“copy and paste” email feedback from Central Contract Registration point of contact in PL8221] |
| 9. Prepared by: |
| [insert name and contact info for person preparing document] |
Payment for telecommunication service provided under this contract shall be made using the Delivery Ticket Invoice contract payment method. The vendor shall not submit invoices for telecommunication services provided under this contract.
This document supersedes all previous versions with an earlier Document Date
CLAUSES INCORPORATED BY FULL TEXT
52.201-9200 CONTRACTING AND ADMINISTRATIVE AUTHORITY
(JUN 1996)
(G500 Previously)
a. The contract will be administered by the Defense Information Technology Contracting Organization (DITCO). The Contracting Officer (CO) at DITCO Scott Air Force Base, PL8223 is the only person authorized to approve changes or modify any of the requirements contained elsewhere in this contract; the said authority remains solely in the CO. In the event the contractor effects any such change at the direction of any other person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract costs to cover any increase incurred as a result thereof.
b. The contractor shall submit requests for modifications of this contract to the CO with a copy of the request to the CO's representative as designated in the CO’s representative appointment letter.
c. Contractual problems, of any nature, that may arise during the life of this contract must be handled in conformance with very specific public laws and regulations (i.e., Federal Acquisition Regulation). Only the CO is authorized to formally resolve such problems. Therefore, the contractor is hereby directed to bring all such contractual problems to the immediate attention of the CO.
d. Request for information on matters related to this contract, such as explanation of terms and contract interpretation, shall be submitted to the CO.
52.204-9000 Points of Contact (AUG 2005)
Contracting Officer
Name: Deborah Benscoter
Organization/Office Symbol: DISA/DITCO/PL8223
Phone No.: 618-229-9298
E-Mail Address: deborah.benscoter@disa.mil
Contract Specialist
Name:
Organization/Office Symbol:
Phone No.:
E-Mail Address:
Customer/COR/TM Point of Contact
Name:
Organization/Office Symbol:
Phone No.:
E-Mail Address:
Contractor Point of Contact
Contractor Legal Business Name:
DUNS:
CAGE CODE:
Contractor POC:
E-Mail Address:
Phone Number:
Fax Number:
(End of clause)
52.204-9001 Contract/Order Closeout—Fixed-Price, Time-and-Materials, or Labor-Hours (Jan 2007)
Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within ninety (90) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order. A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting Officer within thirty (30) calendar days of issuance of the modification. A Contractor’s failure to respond and/or sign the bilateral closeout modification within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order.
If this contract/order contains option periods, the Contractor is required to submit an invoice within ninety (90) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.
(End of clause)
Section H - Special Contract Requirements
SECTION H
KEY PERSONNEL
KEY PERSONNEL:
Before replacing the Program/Project Manager, the Contractor shall notify the Contracting Officer no less than 30 business days in advance, submit written justification for replacement, and provide the name and qualifications of any proposed substitute(s). All proposed substitutes shall possess qualifications equal to or superior to those of the Key person being replaced. The Contractor shall not replace Key Contractor personnel without acknowledgment from the Contracting Officer. The Government may designate additional Contractor personnel as Key at the time of award.
OBSERVACE OF LEGAL HOLIDAYS
OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE (NOV 2010) (DITCO/PL82).
a. The Government hereby provides notice and the contractor hereby acknowledges receipt that Government personnel observe the listed days as holidays:
* New Year’s Day
*Birthday of Martin Luther King Jr.
* Washington’s Birthday
* Memorial Day
* Independence Day
* Labor Day
* Columbus Day
* Veterans Day
* Thanksgiving Day
* Christmas
b. In addition to the days designated as holidays, the Government observes the following days:
* Any other day designated by Federal Statute
* Any other day designated by Executive Order
* Any other day designated by a President’s Proclamation
c. It is understood and agreed between the Government and the contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement to compensation except when services are required by the Government and actually performed on a holiday. Whenever the Government is shut down for some unforeseen reason (i.e. death of a former President, unusually severe weather), the shut down falls within the scope of Executive Order 11582 of February 11, 1971 and of 5 USC 5546 and 6103(b), all of which govern the observance of holidays by Government agencies. Unforeseen shut downs will be treated as a Federal holiday and will be applied to contractor personnel accordingly. Section 2 of the Executive Order does allow agencies to require that certain personnel report for work on days that the Government is shut down for reasons of national security, defense, or other public need.
(End of Clause)
LOGISTICS SUPPORT
LOGISTICS SUPPORT FOR COUNTRIES OTHER THAN GERMANY
a. Logistics support will be provided to authorized contractor employees and their dependents to the extent these services are available at the location where the contract is to be performed and as authorized by current applicable Air Force and European theater regulations, by current applicable international agreements and arrangements, by current policies, and the local installation commander. Lack of availability of any of these services shall not serve as a basis for claims by a contractor against the Government for increased cost of contract performance.
b. An authorized contractor employee is defined as an employee who has been hired as a consequence of this contract and is employed at least 40 hours per week on this contract. For Italy, procedures must be in accordance with the Memorandum of Understanding Between the Ministry of Defense of the Republic of Italy and The Department of Defense of the United States of America Concerning Use of Installations/Infrastructure by U.S. Forces in Italy, signed 2 Feb 1995. To qualify for Civilian Personnel status in Italy, the employee must (i) not be a stateless person; (ii) not be a national of any State which is not a Party to the North Atlantic Treaty; (iii) not be a national of Italy; (iv) not be ordinarily resident in Italy; and (v) be certified as a technical representative and issued a North Atlantic Treaty Organization (NATO) Status of Forces Agreement (SOFA) Identification by the United States Sending State Office (USSSO) for Italy or by a base legal office with delegated authority. The final authority to determine whether an employee qualifies for Civilian Personnel status is USSSO.
c. Any logistics support for other than NATO countries must comply with the International Agreement of the host nation.
d. Abuse of Privileges. The contractor will include a provision in its employment agreement with its employees to provide for disciplinary action, or discharge for cause, of the employee for any abuse of privileges authorized to herein. The U.S. Government retains the right to withdraw privileges as a result of contractor employee abuse at no additional cost to the U.S. Government. This provision in no way will prohibit disciplinary action or legal prosecution by either the US government or the host country government. Services or privileges may be denied an individual basis at the discretion of the Installation Commander.
e. The contractor shall assure that upon termination or transfer of any employee who is granted logistics support, action is taken simultaneous with the termination of employment to assure that said employee ceases to have access to the services granted under logistic support. The contractor shall assure that identification passes or other documents pertinent to or peculiar to the contract or privileges there under are turned over to the issuing office upon termination or transfer of any employee. The contractor shall require a written receipt of such return and shall immediately forward a copy to the contracting officer.
WORK ON INSTALLATION
WORK ON A GOVERNMENT INSTALLATION. (NOV 2010, PL8223)
In performing work under this contract on a Government installation or in a Government building, the contractor shall:
a. Obtain and maintain the minimum kinds and amounts of insurance specified by FAR 28.307-2.
b. Conform to the specific safety requirements established by this contract.
c. Comply with the safety rules of the Government installation that concern related activities not directly addressed in this contract.
d. Take all reasonable steps and precautions to prevent accidents and preserve the life and health of contractor and Government personnel connected in any way with performance under this contract.
e. Take such additional immediate precautions as the KO or TM may reasonably require for safety and accident prevention purposes.
SUBMISSION OF OFFERS FOR CONTRACT TO BE PERFORMED IN GERMANY
SUBMISSION OF OFFERS FOR CONTRACTS TO BE PERFORMED IN THE FEDERAL REPUBLIC OF GERMANY (NOV 2010) (DITCO/PL83)
This contract may require the performance of services in the Federal Republic of Germany (Germany).
a. In accordance with the Exchange of Notes (dated 27 Mar 98) in implementation of Articles 72 and 73 of the German Supplementary Agreement (SA) to a NATO SOFA, Non-German citizens of a NATO member country who perform services on Government contracts shall not start work in Germany without one of the following:
* Technical Expert Status (TES) accreditation
* Troop Care Status (TCS) accreditation
* German work permit or compliance with European Union member nation exchange laws and regulations
* Certificates of limited tax liability and a German work permit
* Exemption from German work permit (“fax back”)
b. Technical Expert Status (TES) Accreditation. The contractor employee has been granted TES accreditation from the German authorities prior to commencing work in Germany.
(1) TES requires a twofold approval. After notification of a contract award with a request for TES, the German Government reviews the specific contract position descriptions for accreditation. Individual employees are then submitted for evaluation for TES. TES employees, filling an approved Technical Expert (TE) position are:
(i) Exempt from German income taxation unless tax liability is determined by German tax officials in accordance with Article X of the NATO SOFA (its supplemental agreements and exchanges of notes), and
(ii) Eligible, on the basis of this employment, for individual logistics support (ILS)
(iii) Exempt from German work and residence permit requirements
(2) When seeking TES accreditation, the contractor shall submit a Contract Notification and TES application package for all employees for which TES is sought.
(3) A 10-week temporary TES may be granted by the U.S. Government for purposes of Military Exigency (ME).
(i) ME is granted solely for the purpose of permitting individual contractor employees, who upon initial review of the application appear to meet the requirements of TES, to begin working in Germany prior to TES accreditation.
(ii) Contractor employees working in Germany by means of an ME determination are:
(A) Exempt, on a provisional basis, from German income taxation unless tax liability is determined by German tax officials in accordance with Article X of the NATO SOFA (its supplemental agreements and exchanges of notes), and
(B) Are eligible, on the basis of this employment, for ILS
(iii) To request ME, the contractor shall submit a Contract Notification and TES application package for any individual contractor employees.
(iv) While working under ME authority, if the German government denies the TES application for an individual employee; or denies TE accreditation of the contractor employee’s position or contract, then the contractor employee will be:
(A) Subject to German income taxation from the date work began in Germany, and
(B) Are ineligible, on the basis of this employment, for ILS, and
(C) Subject to German work and residence permit requirements.
c. Troop Care Status (TCS) Accreditation. The contractor employee has been granted TCS accreditation from the German authorities prior to commencing work in Germany.
(1) When seeking TCS accreditation, the contractor will submit a Contract Notification and TCS application package for all employees for which TCS is sought.
(2) Analytical Support is a subset of TC.
(3) Information Technology Services is a subset of TC.
(4) TCS accredited employees, filling an approved Troop Care (TC) position on a TC approved contract, are:
(i) Exempt from German income taxation unless tax liability is determined by German tax officials in accordance with Article X of the NATO SOFA (its supplemental agreements and exchanges of notes), and
(ii) Are eligible, on the basis of this employment, for ILS; or
d. German Work Permit. For contractor employees who do not qualify for TES/TCS, the contractor employee has been issued proper work permits by the German authorities prior to the contractor employees commencing work in Germany.
(1) Individuals working in Germany by means of a work permit are:
(i) Subject to German income taxation, and
(ii) Are ineligible, on the basis of this employment, for ILS
(2) The approval and application process for work permits is established by the German Government; or
e. Certificates of Limited Tax Liability and a German Work Permit. The contractor has ensured that contract employees have been issued certificates of limited tax liability and a work permit issued by the German authorities prior to the contractor employees commencing work in Germany.
(1) Contractor employees working in Germany under this arrangement are:
(i) Subject to German income taxation, and
(ii) Are ineligible, on the basis of this employment, for ILS
(2) The approval and application process for work permits is established by the German Government; or
f. Exemption From German Work Permit (“Fax Back”). The contractor has ensured that contract employees have issued an exemption from work permit, “fax back,” by the German authorities prior to the contractor employees commencing work in Germany.
(1) Individuals working in Germany by means of a work permit exemption are:
(i) Exempt for no more than 90 calendar days per year (continuous or non-continuous), from German income taxation, and
(ii) Are ineligible, on the basis of this employment, for ILS.
(2) The approval and application process for exemptions from work permits is established by the German Government.
g. The contractor shall identify and submit a list to the Contracting Officer of all positions for which TES accreditation is sought and the applicable position description for each of the positions with the contractor’s proposal/bid. The contractor shall only submit positions that meet the criteria set forth in Articles 72 and 73. In the event that any or all positions identified in the contractor’s proposal are disapproved after contract award, the contract price shall not be subject to adjustment.
h. The following is TES guidance from the Exchange of Notes (dated 27 Mar 98) implementing the Provisions of the German Supplementary Agreement to the NATO SOFA (NATO SOFA SA). The German TES accreditation process is less objective than TCS. The following information extracted from the SA is provided only as a guide and is not to be interpreted as objective criteria.
(1) The following are examples of persons who are not technical experts:
(i) Administrative support and clerical personnel to include white collar employees in budgeting and accounting, general office workers, and hotel and billeting personnel;
(ii) Sales representatives and service technicians for non-military equipment such as telephones, fax machines and copy machines;
(iii) Automobile sales representatives;
(iv) Secretaries, clerk-typists, computer workstations operators, and draftsmen;
(v) Automotive, aircraft, electrical, and similar mechanics or technicians unless covered in (h)(2)(i), (ii), or (iv);
(vi) Electricians, plumbers, painters, masons, carpenters, and similar skilled workers;
(vii) Unskilled and semi-skilled workers to include warehouse workers, forklift operators, drivers, and helpers;
(viii) Customs control inspectors/specialists;
(ix) Supply clerks and technicians.
(2) For purposes of applying Article 73 of the NATO SOFA SA, the term “technical expert” shall refer to a person with a high degree of skill or knowledge for the accomplishment of complex tasks of a technical military nature, or of a technical scientific nature, as distinguished from routine mental, manual or physical processes. The skill and knowledge must have been acquired through a process of higher education, or through a long period of specialized training and experience. Personnel normally classified as blue collar shall not normally be considered to be technical experts, within the meaning of Article 73 of the NATO SOFA SA. The same is true for skilled workers, as well as for crafts and trades occupations. The following are examples of persons who maybe determined technical experts within the meaning of Article 73 of the NATO SOFA SA:
(i) Technicians responsible for complicated repairs, complicated re-engineering of equipment and components, or unprecedented and complicated application of the equipment if these technicians have specific knowledge clearly exceeding the knowledge conveyed within the scope of normal vocational training;
(ii) The top manager of a contract involving substantial use of technical experts within the meaning of Article 73 of the NATO SOFA SA and those directly subordinate managers responsible for technical as opposed to administrative functions;
(iii) Computer software engineers;
(iv) Technicians responsible for the maintenance of aircraft, combat vehicles and weapons systems and who must apply knowledge of combat applications of this equipment, this however not extending to routine maintenance;
(v) Former officers, whose technical military skill or technical military knowledge are required for the performance of their work in addition to their other technical skills. As a matter of exception, this shall also apply to former non-commissioned officers who, under military training conditions, work closely together with soldiers on equipment used for the simulation of tactical combat conditions.
CLAUSES INCORPORATED BY FULL TEXT
252.243-9200 TECHNICAL ENHANCEMENTS
(JUN 1996)
(H511 Previously)
a. After contract award, the Government may solicit, and the Contractor is encouraged to propose independently, improvements to the services, features, or other requirements of the contract. These improvements may be proposed to save money, to improve performance, or for any other purpose which presents a service advantage to the Government. As part of the proposed changes, the contractor shall submit a price proposal to the Contracting Officer for evaluation. Those proposed service improvements that are acceptable to the Government will be processed as modifications to the contract.
b. 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 that 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 premise equipment).
(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 shall be identified.
c. The Government will not be liable for proposal preparation costs or any delay in acting upon any proposal submitted pursuant to this clause. The contractor has the right to withdraw, in whole or in part, any proposal not accepted by the Government within the period specified in the proposal. The decision of the Contracting Officer as to the acceptance of any such proposal under this contract is final and not subject to the "Disputes" clause of this contract.
d. The CO may accept any proposal submitted pursuant to this clause by giving the contractor written notice thereof. This written notice will be given by issuance of a modification to this contract. Unless and until a modification is executed to incorporate a proposal under this contract, the contractor shall remain obligated to perform in accordance with the requirements, terms, and conditions of the existing contract.
e. If a proposal submitted pursuant to this clause is accepted and applied to this contract, the equitable adjustment increasing or decreasing the contract price shall be in accordance with the procedures of FAR 52.243-1, Changes, contained in this contract. The resulting contract modification will state that it is made pursuant to this clause.
NOTE: If any proposal submitted under this paragraph may qualify as a Value Engineering Change Proposal in accordance with FAR 52.248-1 contained in this contract, the contractor shall submit the proposal as a VECP.
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
| 52.202-1 |
| Definitions |
| JUL 2004 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| APR 1984 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.203-7 |
| Anti-Kickback Procedures |
| JUL 1995 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| JAN 1997 |
| 52.203-10 |
| Price Or Fee Adjustment For Illegal Or Improper Activity |
| JAN 1997 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| SEP 2007 |
| 52.203-13 |
| Contractor Code of Business Ethics and Conduct |
| APR 2010 |
| 52.203-14 |
| Display of Hotline Poster(s) |
| DEC 2007 |
| 52.203-15 |
| Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 |
| JUN 2010 |
| 52.204-4 |
| Printed or Copied Double-Sided on Recycled Paper |
| AUG 2000 |
| 52.204-6 |
| Data Universal Numbering System (DUNS) Number |
| APR 2008 |
| 52.204-7 |
| Central Contractor Registration |
| APR 2008 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| SEP 2006 |
| 52.215-8 |
| Order of Precedence--Uniform Contract Format |
| OCT 1997 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| MAY 2004 |
| 52.219-9 (Dev) |
| Small Business Subcontracting Plan (Deviation) |
| APR 2008 |
| 52.219-14 |
| Limitations On Subcontracting |
| DEC 1996 |
| 52.219-16 |
| Liquidated Damages-Subcontracting Plan |
| JAN 1999 |
| 52.219-25 |
| Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting |
| APR 2008 |
| 52.219-28 |
| Post-Award Small Business Program Rerepresentation |
| APR 2009 |
| 52.222-1 |
| Notice To The Government Of Labor Disputes |
| FEB 1997 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| AUG 2009 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| FEB 1999 |
| 52.222-26 |
| Equal Opportunity |
| MAR 2007 |
| 52.222-29 |
| Notification Of Visa Denial |
| JUN 2003 |
| 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 |
| 52.222-51 |
| Exemption from Application of the Service Contract act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements |
| NOV 2007 |
| 52.222-53 |
| Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements |
| FEB 2009 |
| 52.222-54 |
| Employment Eligibility Verification |
| JAN 2009 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-18 |
| Contractor Policy to Ban Text Messaging While Driving. |
| SEP 2010 |
| 52.225-1 |
| Buy American Act--Supplies |
| FEB 2009 |
| 52.225-3 |
| Buy American Act--Free Trade Agreement--Israeli Trade Act |
| JUN 2009 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.225-19 |
| Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States |
| MAR 2008 |
| 52.226-1 |
| Utilization Of Indian Organizations And Indian-Owned Economic Enterprises |
| JUN 2000 |
| 52.227-1 |
| Authorization and Consent |
| DEC 2007 |
| 52.227-1 Alt I |
| Authorization And Consent (Dec 2007) - Alternate I |
| APR 1984 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| DEC 2007 |
| 52.227-3 |
| Patent Indemnity |
| APR 1984 |
| 52.227-3 Alt III |
| Patent Indemnity (Apr 1984) - Alternate III |
| JUL 1995 |
| 52.227-14 |
| Rights in Data--General |
| DEC 2007 |
| 52.229-3 |
| Federal, State And Local Taxes |
| APR 2003 |
| 52.232-1 |
| Payments |
| APR 1984 |
| 52.232-6 |
| Payment Under Communication Service Contracts with Common Carriers |
| 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 |
| OCT 2008 |
| 52.232-23 |
| Assignment Of Claims |
| JAN 1986 |
| 52.232-25 |
| Prompt Payment |
| OCT 2008 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--Central Contractor Registration |
| OCT 2003 |
| 52.233-1 |
| Disputes |
| JUL 2002 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.243-1 |
| Changes--Fixed Price |
| AUG 1987 |
| 52.249-2 |
| Termination For Convenience Of The Government (Fixed-Price) |
| MAY 2004 |
| 52.249-8 |
| Default (Fixed-Price Supply & Service) |
| APR 1984 |
| 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 |
| JAN 2009 |
| 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 |
| JAN 2009 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7004 Alt A |
| Central Contractor Registration (52.204-7) Alternate A |
| SEP 2007 |
| 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 Terrorist Country |
| DEC 2006 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| APR 2003 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| DEC 2008 |
| 252.225-7041 |
| Correspondence in English |
| JUN 1997 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| SEP 2004 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| MAR 2008 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.239-7001 |
| Information Assurance Contractor Training and Certification |
| JAN 2008 |
| 252.239-7002 |
| Access |
| DEC 1991 |
| 252.239-7004 |
| Orders For Facilities And Services |
| NOV 2005 |
| 252.239-7005 |
| Rates, Charges, And Services |
| NOV 2005 |
| 252.239-7006 |
| Tariff Information |
| JUL 1997 |
| 252.239-7007 |
| Cancellation Or Termination Of Orders |
| NOV 2005 |
| 252.239-7008 |
| Reuse Arrangements |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| MAR 1998 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| MAY 2002 |
| 252.247-7024 |
| Notification Of Transportation Of Supplies By Sea |
| MAR 2000 |
52.209-9000 ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI) (DEC 2005)
(a) An offeror shall identify in its proposal, quote, bid or any resulting contract, any potential or actual Organizational and Consultant Conflicts of Interest (OCCI) as described in FAR Subpart 9.5. This includes actual or potential conflicts of interests of proposed subcontractors. If an offeror identifies in its proposal, quote, bid or any resulting contract, a potential or actual conflict of interests the offeror shall submit an Organizational and Consultant Conflicts of Interest Plan (OCCIP) to the contracting officer. The OCCIP shall describe how the offeror addresses potential or actual conflicts of interest and identify how they will avoid, neutralize, or mitigate present or future conflicts of interest.
(b) Offerors must consider whether their involvement and participation raises any OCCI issues, especially in the following areas when:
(1) Providing systems engineering and technical direction.
(2) Preparing specifications or work statements and/or objectives.
(3) Providing evaluation services.
(4) Obtaining access to proprietary information.
(c) If a prime contractor or subcontractor breaches any of the OCCI restrictions, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in additional to any remedies that may be otherwise permitted by the contract or operation of law.
(End of clause)
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
(a) The Contractor shall make the following notifications in writing:
(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.
(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.
(b) The Contractor shall--
(1) Maintain current, accurate, and complete inventory records of assets and their costs;
(2) Provide the ACO or designated representative ready access to the records upon request;
(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and
(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.
The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).
(End of clause)
52.216-18 Ordering. (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through the seventh option year if exercised.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
(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 $1,000.00, 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 $750,000,000.00;
(2) Any order for a combination of items in excess of $750,000,000.00; or
(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.
(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) above.
(d) Notwithstanding paragraphs (b) and (c) above, 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 30 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.
(End of clause)
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 10 years from date of contract award.
(End of clause)
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, which shall be those limits and rates in effect at the date that this option is exercised 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 (insert the period of time within which the Contracting Officer may exercise the option).
(End of clause)
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 90 days prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 126 months.
(End of clause)
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/these address(es):
http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/52_000.htm
(End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
When submitting a request for payment, the Contractor shall--
(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each contract line item included in the payment request.
(End of clause)
Section J - List of Documents, Exhibits and Other Attachments
LIST OF ATTACHMENTS
List of Attachments
Atch Title
RFP Section B-Pricing Schedule
Performance Work Statement
DD254
Compliance and Cross Reference Matrix
Performance Information Sheet
Performance Confidence Assessment Questionnaire
“Past Performance Questionnaire”
Performance Confidence Assessment Consent Letter
Past Performance Client Authorization Letter Request for Clarification (Sample)
Quality Assurance Surveillance Plan (QASP) RFP Section L-Instructions to Offerors
RFP Section M-Evaluation Criteria
Section K - Representations, Certifications and Other Statements of Offerors
CLAUSES INCORPORATED BY REFERENCE
| 52.222-38 |
| Compliance With Veterans' Employment Reporting Requirements |
| DEC 2001 |
| 52.237-2 |
| Protection Of Government Buildings, Equipment, And Vegetation |
| APR 1984 |
| 252.209-7001 |
| Disclosure of Ownership or Control by the Government of a Terrorist Country |
| JAN 2009 |
52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
Common parent, as used in this provision, means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.
Taxpayer Identification Number (TIN), as used in this provision, means the number required by the Internal Revenue Service (IRS) to be used by the offeror in reporting income tax and other returns. The TIN may be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS. If the resulting contract is subject to the payment reporting requirements described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal by the offeror to furnish the information may result in a 31 percent reduction of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN).
___ TIN:.--------------------------------------------------------
___ TIN has been applied for.
___ TIN is not required because:
___ Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
___ Offeror is an agency or instrumentality of a foreign…
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