HC1013-15-R-0003.docx
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- Attached to
- Global Network Services (GNS) Federal contract opportunity
- Solicitation number
- HC1013-15-R-0003
- Issued by
- Defense Information Systems Agency
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HC1013-15-R-0003
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
MRC - Telecommunication Services
FFP
Monthly recurring charge (MRC) for the services provided as specified in the PWS and corresponding TO.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
NRC - Installation and Provisioning
Non-recurring charge (NRC) for all activities required for the installation and provisioning of the services as specified in the PWS and corresponding TO.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
NRC - SDP Add/Change
Non-recurring charge (NRC) for the addition of a new service delivery point (SDP) or change to an existing SDP for existing service.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
NRC - Expedited Provisioning
Non-recurring charge (NRC) for expedited installation and provisioning in accordance with PWS Para. 4.2.2.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
NRC - Non-Routine Provisioning
Non-recurring charge (NRC) for service installation and provisioning for orders requiring Urgent, Emergency, or National Security/Emergency Preparedness (NS/EP) authorization or a foreign equivalent in accordance with PWS Para. 4.2.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
MRC - Non-Routine Restoration
Monthly recurring charge (MRC) to provide service restoration for orders requiring Urgent, Emergency, or National Security/Emergency Preparedness (NS/EP) authorization or a foreign equivalent in accordance with PWS Para. 4.2.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
NRC - Site Survey
Non-recurring charge (NRC) for site surveys for coordinating implementation of service requirements at the specified SDP in accordance with PWS Para. 4.3.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
NRC - Special Study
Non-recurring charge (NRC) for special studies in accordance with PWS Para. 4.2.10.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| MRC - Telecommunication Services |
FFP
Monthly recurring charge (MRC) for the services provided as specified in the PWS and corresponding TO.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Installation and Provisioning |
FFP
Non-recurring charge (NRC) for all activities required for the installation and provisioning of the services as specified in the PWS and corresponding TO.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - SDP Add/Change |
FFP
Non-recurring charge (NRC) for the addition of a new service delivery point (SDP) or change to an existing SDP for existing service.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Expedited Provisioning |
FFP
Non-recurring charge (NRC) for expedited installation and provisioning in accordance with PWS Para. 4.2.2.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Non-Routine Provisioning |
FFP
Non-recurring charge (NRC) for service installation and provisioning for orders requiring Urgent, Emergency, or National Security/Emergency Preparedness (NS/EP) authorization or a foreign equivalent in accordance with PWS Para. 4.2.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| MRC - Non-Routine Restoration |
FFP
Monthly recurring charge (MRC) to provide service restoration for orders requiring Urgent, Emergency, or National Security/Emergency Preparedness (NS/EP) authorization or a foreign equivalent in accordance with PWS Para. 4.2.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Site Survey |
FFP
Non-recurring charge (NRC) for site surveys for coordinating implementation of service requirements at the specified SDP in accordance with PWS Para. 4.3.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Special Study |
FFP
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| MRC - Telecommunication Services |
FFP
Monthly recurring charge (MRC) for the services provided as specified in the PWS and corresponding TO.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Installation and Provisioning |
FFP
Non-recurring charge (NRC) for all activities required for the installation and provisioning of the services as specified in the PWS and corresponding TO.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - SDP Add/Change |
FFP
Non-recurring charge (NRC) for the addition of a new service delivery point (SDP) or change to an existing SDP for existing service.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Expedited Provisioning |
FFP
Non-recurring charge (NRC) for expedited installation and provisioning in accordance with PWS Para. 4.2.2.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Non-Routine Provisioning |
FFP
Non-recurring charge (NRC) for service installation and provisioning for orders requiring Urgent, Emergency, or National Security/Emergency Preparedness (NS/EP) authorization or a foreign equivalent in accordance with PWS Para. 4.2.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| MRC - Non-Routine Restoration |
FFP
Monthly recurring charge (MRC) to provide service restoration for orders requiring Urgent, Emergency, or National Security/Emergency Preparedness (NS/EP) authorization or a foreign equivalent in accordance with PWS Para. 4.2.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Site Survey |
FFP
Non-recurring charge (NRC) for site surveys for coordinating implementation of service requirements at the specified SDP in accordance with PWS Para. 4.3.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Special Study |
FFP
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| MRC - Telecommunication Services |
FFP
Monthly recurring charge (MRC) for the services provided as specified in the PWS and corresponding TO.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Installation and Provisioning |
FFP
Non-recurring charge (NRC) for all activities required for the installation and provisioning of the services as specified in the PWS and corresponding TO.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - SDP Add/Change |
FFP
Non-recurring charge (NRC) for the addition of a new service delivery point (SDP) or change to an existing SDP for existing service.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Expedited Provisioning |
FFP
Non-recurring charge (NRC) for expedited installation and provisioning in accordance with PWS Para. 4.2.2.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Non-Routine Provisioning |
FFP
Non-recurring charge (NRC) for service installation and provisioning for orders requiring Urgent, Emergency, or National Security/Emergency Preparedness (NS/EP) authorization or a foreign equivalent in accordance with PWS Para. 4.2.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| MRC - Non-Routine Restoration |
FFP
Monthly recurring charge (MRC) to provide service restoration for orders requiring Urgent, Emergency, or National Security/Emergency Preparedness (NS/EP) authorization or a foreign equivalent in accordance with PWS Para. 4.2.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Site Survey |
FFP
Non-recurring charge (NRC) for site surveys for coordinating implementation of service requirements at the specified SDP in accordance with PWS Para. 4.3.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Special Study |
FFP
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| MRC - Telecommunication Services |
FFP
Monthly recurring charge (MRC) for the services provided as specified in the PWS and corresponding TO.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Installation and Provisioning |
FFP
Non-recurring charge (NRC) for all activities required for the installation and provisioning of the services as specified in the PWS and corresponding TO.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - SDP Add/Change |
FFP
Non-recurring charge (NRC) for the addition of a new service delivery point (SDP) or change to an existing SDP for existing service.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Expedited Provisioning |
FFP
Non-recurring charge (NRC) for expedited installation and provisioning in accordance with PWS Para. 4.2.2.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Non-Routine Provisioning |
FFP
Non-recurring charge (NRC) for service installation and provisioning for orders requiring Urgent, Emergency, or National Security/Emergency Preparedness (NS/EP) authorization or a foreign equivalent in accordance with PWS Para. 4.2.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| MRC - Non-Routine Restoration |
FFP
Monthly recurring charge (MRC) to provide service restoration for orders requiring Urgent, Emergency, or National Security/Emergency Preparedness (NS/EP) authorization or a foreign equivalent in accordance with PWS Para. 4.2.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Site Survey |
FFP
Non-recurring charge (NRC) for site surveys for coordinating implementation of service requirements at the specified SDP in accordance with PWS Para. 4.3.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Special Study |
FFP
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| MRC - Telecommunication Services |
FFP
Monthly recurring charge (MRC) for the services provided as specified in the PWS and corresponding TO.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Installation and Provisioning |
FFP
Non-recurring charge (NRC) for all activities required for the installation and provisioning of the services as specified in the PWS and corresponding TO.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - SDP Add/Change |
FFP
Non-recurring charge (NRC) for the addition of a new service delivery point (SDP) or change to an existing SDP for existing service.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Expedited Provisioning |
FFP
Non-recurring charge (NRC) for expedited installation and provisioning in accordance with PWS Para. 4.2.2.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Non-Routine Provisioning |
FFP
Non-recurring charge (NRC) for service installation and provisioning for orders requiring Urgent, Emergency, or National Security/Emergency Preparedness (NS/EP) authorization or a foreign equivalent in accordance with PWS Para. 4.2.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| MRC - Non-Routine Restoration |
FFP
Monthly recurring charge (MRC) to provide service restoration for orders requiring Urgent, Emergency, or National Security/Emergency Preparedness (NS/EP) authorization or a foreign equivalent in accordance with PWS Para. 4.2.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Site Survey |
FFP
Non-recurring charge (NRC) for site surveys for coordinating implementation of service requirements at the specified SDP in accordance with PWS Para. 4.3.3.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| NRC - Special Study |
FFP
NET AMT
SECTION B
B.1 CONTRACT MINIMUM AND MAXIMUM VALUE.
| a. The Global Network Services (GNS) contract will provide commercial telecommunications transport services in support of continuing the Department of Defense Information Network/Defense Information Systems Network Operations and Capabilities as well as attainment of further goals related to the Joint Information Environment. |
| b. This is an Indefinite-Delivery/Indefinite-Quantity (ID/IQ) contract against which it is planned to award Firm Fixed Price (FFP) type task orders in accordance with Federal Acquisition Regulation (FAR) Subpart 16.5 - Indefinite Delivery Contracts. |
| c. The guaranteed minimum amount is $500.00 for each ID/IQ contract, including all option periods. The minimum guaranteed amount will be satisfied through task orders issued during the base period. There is no guaranteed minimum amount for any option years, if exercised. |
| d. Maximum Contract Value: The total amount of all orders placed against all contracts resulting from this solicitation shall not exceed $4,300,000,000.00 over a 10-year period; one (1), 5-year (60 months) base period with five (5), 1-year (12-months, each) option periods. |
| e. The Government anticipates multiple contract awards resulting from this unrestricted competitive solicitation. |
B.2 PRICING METHODS
The GNS contracts are structured and managed in accordance with the rules for task order contracts, as specified in the Federal Acquisition Regulations (FAR) Part 16. In particular, task and delivery order awards issued against this contract will be based on the procedures for “fair opportunity to be considered.”
Individual task orders may require the contractor to structure its pricing to accommodate changes, both increases and decreases in usage or service delivery, within scope of the task order. For example, specific task orders may require rates such as per service delivery point, per gigabyte of bandwidth transmission, or other similar basis. To accommodate these pricing rates, task order contract line item structures will be further defined and separately identified and priced at the subline item.
Section C - Descriptions and Specifications
SECTION C
PERFORMANCE WORK STATEMENT
A comprehensive Performance Work statement (PWS) is provided in Section J, Attachment J1 and incorporated by reference in this Section C.
Section E - Inspection and Acceptance
CLAUSES INCORPORATED BY REFERENCE
| 52.246-15 |
| Certificate of Conformance |
| APR 1984 |
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
Section F - Deliveries or Performance
| 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
| 52.232-9002 |
| Electronic Invoicing for Telecommunications Services |
| JAN 2013 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7006 |
| Wide Area WorkFlow Payment Instructions |
| MAY 2013 |
CLAUSES INCORPORATED BY FULL TEXT
52.204-9000 Points of Contact
POINTS OF CONTACT (AUG 2005)
Contracting Officer (KO) Name: Kevin T. Eversgerd Organization/Office Symbol: DISA/DITCO/PL8224 Phone No.: (618)229-9794 E-Mail Address: kevin.t.eversgerd.civ@mail.mil
Contract Specialist Name: Nicholas S. Friederich Organization/Office Symbol: DISA/DITCO/PL8224 Phone No.: (618)229-9227 E-Mail Address: nicholas.s.friederich.civ@mail.mil
COR/Mission Partner Point of Contact (Note: To be filled in upon contract award) 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)
Section H - Special Contract Requirements
SECTION H
1. ASSOCIATE CONTRACTOR
The Contractor may be required when identified in the individual TO to accomplish the following throughout the life of the TO:
| a. Coordinate with other prime contractors specified in the TO supporting DISA communications requirements and exchange all information pertinent, essential, and as directed by the Government to providing GNS service directly with them. |
| b. Discuss and attempt to resolve any problems which may exist between the GNS Contractor and the associate contractor(s) specified in the TO. The GNS TO Contracting Officer shall be notified in writing of any disagreement(s) which has (have) not been resolved in a timely manner. |
| c. Furnish the GNS TO Contracting Officer copies of all communications between the GNS Contractor and associate contractor(s) specified in the TO relative to GNS TO performance that would impede TO performance and require contracting officer action. |
d. Further, the close interchange with the associate contractor(s) specified in the TO may require access to or release of proprietary data. In such event, the GNS Contractor shall enter into agreement(s) with the associate contractor(s) to adequately protect such proprietary data from unauthorized use or disclosure so long as it remains proprietary. A copy of any such agreement shall be provided to the GNS TO Contracting Officer.
1. ON AND OFF RAMP
The Government, at its discretion, may exercise on-ramp and/or off-ramp provisions to maintain a pool of qualified, competitive contractors. The government will evaluate current contractor performance and current market conditions on a periodic basis throughout the life of the contract to determine if and when it may be in the government's best interest to open a contract on-ramp and/or off-ramp event. A solicitation for an on-ramp event will be open to all eligible contractors.
In the event the government elects to conduct a contract on-ramp event, the government will advertise at the Federal Business Opportunities website at least 30 days in advance of posting the formal solicitation. After posting the solicitation and receiving proposals the government will evaluate new proposals with the intention of adding contracts to refresh the technology and provide the government with better buying power. These proposals shall be subject to the same evaluation procedures, documentation, and criteria (updated to reflect changes in regulatory provisions and commercial practices and certifications) as were used for the original solicitation and competition. The award of additional IDIQ contracts does not increase the overall ceiling of the original contract.
During a contract off-ramp, the Contracting Officer may elect to remove contractor(s) from the multiple award IDIQ contract pool if any contractor:
a. Is rated with less than satisfactory performance as documented in CPARS/PPIRS,
b. Is placed on Debarment, Suspension, or Ineligibility as defined in FAR Subpart 9.4.
c. If the contractor fails to competitively participate in gaining task order awards throughout the first nine months of each fiscal year.
Discovery of conditions a. and b. are not limited to task orders under this contract.
The government will evaluate current contractor performance and current market conditions on a periodic basis throughout the life of the contract to determine if and when it is in the government's best interest to open a contract on-ramp and/or off-ramp event. Previously awarded task orders will not be affected by an on-ramp or off-ramp event. Existing contractors cannot hold more than one IDIQ contract at any given time.
Section I - Contract Clauses
| 52.202-1 |
| Definitions |
| NOV 2013 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-6 Alt I |
| Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I |
| OCT 1995 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| OCT 2010 |
| 52.203-13 |
| Contractor Code of Business Ethics and Conduct |
| APR 2010 |
| 52.203-17 |
| Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights |
| APR 2014 |
| 52.204-2 |
| Security Requirements |
| AUG 1996 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel |
| JAN 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| JUL 2013 |
| 52.204-13 |
| System for Award Management Maintenance |
| JUL 2013 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| AUG 2013 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| MAY 2014 |
| 52.215-8 |
| Order of Precedence--Uniform Contract Format |
| OCT 1997 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2014 |
| 52.219-9 ALT II (Dev) |
| Small Business Subcontracting Plan (Deviation 2013-O0014) - Alternate II |
| OCT 2014 |
| 52.219-16 |
| Liquidated Damages-Subcontracting Plan |
| JAN 1999 |
| 52.222-1 |
| Notice To The Government Of Labor Disputes |
| FEB 1997 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 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 Veterans |
| JUL 2014 |
| 52.222-36 |
| Equal Opportunity for Workers with Disabilities |
| JUL 2014 |
| 52.222-37 |
| Employment Reports on Veterans |
| JUL 2014 |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act |
| DEC 2010 |
| 52.222-50 |
| Combating Trafficking in Persons |
| FEB 2009 |
| 52.222-54 |
| Employment Eligibility Verification |
| AUG 2013 |
| 52.223-5 |
| Pollution Prevention and Right-to-Know Information |
| MAY 2011 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.223-19 |
| Compliance with Environmental Management Systems |
| MAY 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.225-14 |
| Inconsistency Between English Version And Translation Of Contract |
| FEB 2000 |
| 52.227-1 |
| Authorization and Consent |
| DEC 2007 |
| 52.227-3 |
| Patent Indemnity |
| APR 1984 |
| 52.229-3 |
| Federal, State And Local Taxes |
| FEB 2013 |
| 52.229-6 |
| Taxes--Foreign Fixed-Price Contracts |
| FEB 2013 |
| 52.232-17 |
| Interest |
| MAY 2014 |
| 52.232-23 |
| Assignment Of Claims |
| MAY 2014 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| JUL 2013 |
| 52.233-1 Alt I |
| Disputes (May 2014) - Alternate I |
| DEC 1991 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 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 |
| 52.239-9001 |
| Data Information Assurance Protection |
| APR 2009 |
| 52.239-9002 |
| Contract Billing Dates for Service |
| JUL 2014 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.245-1 |
| Government Property |
| APR 2012 |
| 52.245-9 |
| Use And Charges |
| APR 2012 |
| 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 |
| SEP 2011 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| SEP 2013 |
| 252.203-7003 |
| Agency Office of the Inspector General |
| DEC 2012 |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| NOV 2011 |
| 252.204-7000 |
| Disclosure Of Information |
| AUG 2013 |
| 252.204-7002 |
| Payment For Subline Items Not Separately Priced |
| DEC 1991 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| FEB 2014 |
| 252.204-7005 |
| Oral Attestation of Security Responsibilities |
| NOV 2001 |
| 252.204-7012 |
| Safeguarding of Unclassified Controlled Technical Information |
| NOV 2013 |
| 252.204-7015 |
| Disclosure of Information to Litigation Support Contractors |
| FEB 2014 |
| 252.205-7000 |
| Provision Of Information To Cooperative Agreement Holders |
| DEC 1991 |
| 252.209-7001 |
| Disclosure of Ownership or Control by the Government of a Terrorist Country |
| JAN 2009 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country |
| MAR 2014 |
| 252.211-7007 |
| Reporting of Government-Furnished Property |
| AUG 2012 |
| 252.215-7008 |
| Only One Offer |
| OCT 2013 |
| 252.219-7003 (Dev) |
| Small Business Subcontracting Plan (DOD Contracts) (Deviation 2013-O0014) |
| OCT 2014 |
| 252.223-7006 |
| Prohibition On Storage, Treatment, and Disposal of Toxic or Hazardous Materials |
| SEP 2014 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program |
| DEC 2012 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| FEB 2013 |
| 252.225-7041 |
| Correspondence in English |
| JUN 1997 |
| 252.225-7043 |
| Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States |
| MAR 2006 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| SEP 2004 |
| 252.227-7015 |
| Technical Data--Commercial Items |
| FEB 2014 |
| 252.227-7037 |
| Validation of Restrictive Markings on Technical Data |
| JUN 2013 |
| 252.229-7000 |
| Invoices Exclusive of Taxes or Duties |
| JUN 1997 |
| 252.232-7008 |
| Assignment of Claims (Overseas) |
| JUN 1997 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.232-7014 |
| Notification of Payment in Local Currency (Afghanistan) |
| SEP 2014 |
| 252.233-7001 |
| Choice of Law (Overseas) |
| JUN 1997 |
| 252.239-7000 |
| Protection Against Compromising Emanations |
| JUN 2004 |
| 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 |
| 252.239-7011 |
| Special Construction And Equipment Charges |
| DEC 1991 |
| 252.239-7012 |
| Title To Telecommunication Facilities And Equipment |
| DEC 1991 |
| 252.239-7018 |
| Supply Chain Risk |
| NOV 2013 |
| 252.239-7999 (Dev) |
| Cloud Computing Services. (DEVIATION 2015-O0011) |
| FEB 2015 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.244-7001 |
| Contractor Purchasing System Administration |
| MAY 2014 |
| 252.245-7001 |
| Tagging, Labeling, and Marking of Government-Furnished Property |
| APR 2012 |
| 252.245-7002 |
| Reporting Loss of Government Property |
| APR 2012 |
| 252.245-7003 |
| Contractor Property Management System Administration |
| APR 2012 |
52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)
(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of 3.3% of the awarded Task Order’s monthly recurring charge per calendar day of delay or unavailability.
(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (OCT 2014)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b) (1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965, (Nov 2007), (41 U.S.C. 351, et seq.)
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (Feb 2009) (41 U.S.C. 351, et seq.)
(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately-Owned U.S.- Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(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 one, 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 $4.3 Billion;
(2) Any order for a combination of items in excess of $4.3 Billion; or
(3) A series of orders from the same ordering office within 3 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 3 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 expiration of the contract.
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 PRIOR TO CONTRACT EXPIRATION.
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 BEFORE EXPIRATION OF THE CURRENT BASE OR OPTION YEAR; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 120 months.
52.243-7 NOTIFICATION OF CHANGES (APR 1984)
(a) Definitions.
"Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.
"Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.
(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing, within 3 calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state--
(1) The date, nature, and circumstances of the conduct regarded as a change;
(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;
(3) The identification of any documents and the substance of any oral communication involved in such conduct;
(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;
(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including--
(i) What contract line items have been or may be affected by the alleged change;
(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;
(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;
(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and
(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.
(c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in (b) above, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall countermand any action which exceeds the authority of the SAR.
(d) Government response. The Contracting Officer shall promptly, within 7 calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either--
(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;
(2) Countermand any communication regarded as a change;
(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or
(4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.
(e) Equitable adjustments.
(1) If the Contracting Officer confirms that Government conduct effected a change as alleged by the Contractor, and the conduct causes an increase or decrease in the Contractor's cost of, or the time required for, performance of any part of the work under this contract, whether changed or not changed by such conduct, an equitable adjustment shall be made--
(i) In the contract price or delivery schedule or both; and
(ii) In such other provisions of the contract as may be affected.
(2) The contract shall be modified in writing accordingly. In the case of drawings, designs or specifications which are defective and for which the Government is responsible, the equitable adjustment shall include the cost and time extension for delay reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. When the cost of property made obsolete or excess as a result of a change confirmed by the Contracting Officer under this clause is included in the equitable adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of the property. The equitable adjustment shall not include increased costs or time extensions for delay resulting from the Contractor's failure to provide notice or to continue performance as provided, respectively, in (b) and (c) above.
Note: The phrases “contract price” and “cost” wherever they appear in the clause, may be appropriately modified to apply to cost-reimbursement or incentive contracts, or to combinations thereof.
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/ http://www.acquisition.gov/far/
252.216-7006 ORDERING (MAY 2011)
(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 contract schedule. Such orders may be issued from contract award through 120 months from contract award if all options are 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)(1) If issued electronically, the order is considered ``issued'' when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor.
(2) If mailed or transmitted by facsimile, a delivery order or task order is considered ``issued'' when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services.
(3) Orders may be issued orally only if authorized in the schedule.
(End of Clause)
Section J - List of Documents, Exhibits and Other Attachments
SECTION J
Attachments
J1 PERFORMANCE WORK STATEMENT (76 pages; March 27, 2015) J2 CONTRACT DATA REQUIREMENTS LIST (CDRL) (30 pages; March 27, 2015) J3 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP) (5 pages; February 12, 2015) J4 SAMPLE COMPLETION REPORT (1 page; January 8, 2015) J5 SAMPLE AUTHORIZED SERVICE INTERRUPTION (ASI) REQUEST FORM (1 page; January 8, 2015) J6 SERVICE DELIVERY POINT (SDP), POINT OF PRESENCE (POP) DIAGRAMS (3 pages; January 7, 2015)
J7 SMALL BUSINESS PARTICIPATION PLAN (TO BE DETERMINED)
J8 SUBCONTRACTING PLAN (TO BE DETERMINED)
J9 ORGANIZATIONAL AND CONSULTANT CONFLICT OF INTEREST (OCCI) MITIGATION PLAN (TO BE DETERMINED)
Section K - Representations, Certifications and Other Statements of Offerors
SECTION K
Representations and Instructions, Section K will not be physically included in a contract resulting from this solicitation. Pursuant to the provisions of FAR 15.204-1 - Uniform Contract Format, Section K - Representations, Certifications and Other Statements of Offerors or Quoters, will be incorporated by reference and considered to be a part thereof.
| 52.209-7 |
| Information Regarding Responsibility Matters |
| JUL 2013 |
| 252.209-7001 |
| Disclosure of Ownership or Control by the Government of a Terrorist Country |
| JAN 2009 |
252.225-7049 PROHIBITION ON ACQUISITION OF COMMERCIAL SATELLITE SERVICES FROM
CERTAIN FOREIGN ENTITIES--REPRESENTATIONS (AUG 2014)
(a) Definitions. As used in this provision--
Covered foreign country means—
(i) The People's Republic of China;
(ii) North Korea; or
(iii) Any country that is a state sponsor of terrorism. (10 U.S.C. 2279)
Foreign entity means--
(i) Any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or organization organized under the laws of a foreign state if either its principal place of business is outside the United States or its equity securities are primarily traded on one or more foreign exchanges.
(ii) Notwithstanding paragraph (i) of this definition, any branch, partnership, group or sub-group, association, estate, trust, corporation or division of a corporation, or organization that demonstrates that a majority of the equity interest in such entity is ultimately owned by U.S. nationals is not a foreign entity. (31 CFR 800.212)
Government of a covered foreign country includes the state and the government of a covered foreign country, as well as any political subdivision, agency, or instrumentality thereof.
Satellite services means communications capabilities that utilize an on-orbit satellite for transmitting the signal from one location to another.
State sponsor of terrorism means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, state sponsors of terrorism subject to this provision are Cuba, Iran, Sudan, and Syria. (10 U.S.C. 2327)
(b) Prohibition on award. In accordance with 10 U.S.C. 2279, unless an exception is determined to apply in accordance with DFARS 225.71-4, no contract for commercial satellite services may be awarded to--
(1) A foreign entity if the Under Secretary of Defense for Acquisition, Technology, and Logistics or the Under Secretary of Defense for Policy reasonably believes that the foreign entity--
(i) Is an entity in which the government of a covered foreign country has an ownership interest that enables the government to affect satellite operations; or
(ii) Plans to, or is expected to, provide or use launch or other satellite services under the contract from a covered foreign country; or
(2) An offeror that is offering to provide the commercial satellite services of a foreign entity as described in paragraph (b)(1) of this section.
(c) Representations. The Offeror represents that--
(1) It [ ___ ] is, [ ___ ] is not a foreign entity in which the government of a covered foreign country has an ownership interest that enables the government to affect satellite operations;
(2) It [ ___ ] is, [ ___ ] is not a foreign entity that plans to provide or use launch or other satellite services under the contract from a covered foreign country;
(3) It [ ___ ] is, [ ___ ] is not offering commercial satellite services provided by a foreign entity in which the government of a covered foreign country has an ownership interest that enables the government to affect satellite operations; and
(4) It [ ___ ] is, [ ___ ] is not offering commercial satellite services provided by a foreign entity that plans to or is expected to provide or use launch or other satellite services under the contract from a covered foreign country.
(d) Disclosure. If the Offeror has responded affirmatively to any of the above representations, provide the following information, as applicable:
(1) Identification of the foreign entity proposed to provide the commercial satellite services, if other than the Offeror.
(2) To the extent practicable, a description of any ownership interest that the government of a covered foreign country has in the foreign entity proposed to provide the satellite services, including identification of the covered foreign country.
(3) Identification of any covered foreign country in which launch or other satellite services will be provided or used, and a description of any satellite services planned to be provided or used in that country.
(e) The representations in paragraph (c) of this provision are a material representation of fact upon which reliance will be placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous representation, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.
(End of provision)
Section L - Instructions, Conditions and Notices to Bidders
| 52.204-7 |
| System for Award Management |
| JUL 2013 |
| 52.216-27 |
| Single or Multiple Awards |
| OCT 1995 |
| 52.222-24 |
| Preaward On-Site Equal Opportunity Compliance Evaluation |
| FEB 1999 |
| 52.237-1 |
| Site Visit |
| APR 1984 |
| 252.239-7017 |
| Notice of Supply Chain Risk |
| NOV 2013 |
52.209-9000 ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI) (DEC 2014)
(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 Mitigation Plan to the contracting officer. The Organizational and Consultant Conflicts of Interest Mitigation Plan 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.
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of an Indefinite-Delivery Indefinite-Quantity contract resulting from this solicitation.
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal…
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