ID01150067_Tab_10_Solicitation_v4.pdf

Solicitation ID01150067

Pre-Solicitation Draft Only

Reference FAR 10.002

Part I – The Schedule

SECTION A – SOLICITATION/CONTRACT FORM

This Solicitation is, and the resulting Contract will be, prepared in accordance with the Uniform

Contract Format set forth in FAR Subpart 15.204-1.

(i) NAME, ADDRESS, AND LOCATION OF ISSUING ACTIVITY

Anthony W. Pellegrino, Contracting Officer

General Services Administration – Federal Acquisition Service

10 Causeway Street – Room 1085

Boston, MA 02222

(617) 565-5750

(617) 312-7266 – Mobile anthony.pellegrino@gsa.gov

(ii) SOLICITATION NUMBER: ID01150067

(iii) DATE OF ISSUANCE: Draft

(iv) CLOSING DATE AND TIME: Email version: 2:00 p.m. (EST) March 16, 2016 and

DVD/CD versions 2:00 p.m. (EST) March 17, 2016. (See also Section L)

(v) NUMBER OF PAGES: Fifty-Three (53)

(vi) REQUISITION OR OTHER PURCHASE AUTHORITY: 40 USC §501

(vii) BRIEF DESCRIPTION OF ITEM OR SERVICE:

NOAA Systems Engineering and Technical Services (SETS)

(viii) OFFEROR REQUIREMENTS:

The Cover Page (reference Section L, below) of the Offer shall contain the Offeror’s name and address as the same appears in SAM.gov. The Cover Page of the Offer shall state that the Offeror is registered in the GSA ITSS (ASSIST) web-based contracting system and that its ITSS (ASSIST) account is active and up-to-date (all data in ITSS

[ASSIST]) matches character for character the data in SAM.gov. The Proposal shall be submitted in writing and electronically (CD/DVD format) by the Closing Date and Time and addressed in accordance with Section A(i).

(ix) OFFER EXPIRATION DATE:

Shall be stated by Offeror, but be not earlier than July 30, 2016.

SECTION B – SUPPLIES OR SERVICES AND PRICES/COST

B.1. CAR 1352.216-70 - Estimated and Allowable Costs

(a) Estimated Costs. The estimated cost of this contract is

$______________ [completed at time of award], which consists of

$______________ [completed at time of award] for reimbursable costs and

$______________ [completed at time of award] for Fixed Fee. These costs are be subject to the provisions of FAR 52.232-20 - Limitation of Cost, FAR 52.216-7 - Allowable Cost and

Payments, and FAR 52.216-8 Fixed Fee.

(b) Payment of Fixed Fee. The contract type is Cost-Plus Fixed Fee Term (see, FAR

16.603(d)(2) and Section L.2). The Contractor is obligated to devote the estimated level of effort for each month of each Performance Period of the Contract. The Government will determine, on a monthly basis, whether Contract performance is satisfactory and whether the Contractor devoted the estimated level of effort. If Contract performance is satisfactory and the Contractor devoted the estimated level of effort, the Government will pay the Contractor one-twelfth (1/12) of the total fixed fee for the performance period. (See, Attachment J.2 Payment of Fixed Fee)

(c) Subject to Availability of Funds. “The amount of funding for this contract is

$_______________________________ [completed at time of award], which consists of

$_______________________________ [completed at time of award] for reimbursable costs and

$_______________________________ [completed at time of award] for Fixed Fee. These costs shall be subject to the provisions of FAR 52.232-22, “Limitations of Funds.”

(d) Allowable Costs. Final annual indirect cost rate(s) and the appropriate base(s) shall be established in accordance with FAR Subpart 42.7, in effect for the period covered by the indirect cost rate proposal. Until final annual indirect cost rates are established for any period, the

Government shall reimburse the contractor at billing rates established by the Contracting Officer

(or cognizant Federal agency official) or auditor in accordance with FAR 42.704, subject to adjustment when the final rates are established. The established billing rates are currently as follows: ______________________________________ [completed at time of award].

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

See Attachment J.6

SECTION D – PACKAGING AND MARKING

D.1. Preservation, Packaging, Packing, and Marking

Any deliverable/report required under this contract shall be delivered in accordance with standard commercial practices and shall be marked with the Contract Number. Deliverables, reports and manuals may also be requested to be submitted electronically.

SECTION E – INSPECTION AND ACCEPTANCE

E.1. FAR, GSAR, and CAR Clauses Incorporated by Reference

Includes amendments thru FAC 2005-85 effective 12-04-2015

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):

FAR: http://www.acquisition.gov/

GSAR: http://www.acquisition.gov/

CAR:http://www.ecfr.gov (Select Title 48, Chapter 13)

Clause # Clause Title Date

CAR 1352.246-70 Place of Acceptance: Suitland, MD Apr 2010

FAR 52.246-3 Inspection of Supplies—Cost Reimbursement May 2001

FAR 52.246-5 Inspection of Services—Cost Reimbursement Apr. 1984

SECTION F – DELIVERIES OR PERFORMANCE

F.1. FAR, GSAR, and CAR Clauses Incorporated by Reference

Clause # Title Date

FAR 52.242-15 Stop-Work Order

Alt.1

Aug. 1989

Apr. 1984

F.2. FAR Subpart 11.4 Performance Schedule

(a) The base Performance Schedule (period of performance) of this contract is from July 30, 2016 through July 29, 2017. If an option is exercised, the period of performance shall be extended through the end of that option period. See, FAR 52.217-9 - Option to Extend the Term of the Contract.

(b) The option periods that may be exercised are as follows:

Period Start date End date

Option One July 30, 2017 July 29, 2018

Option Two July 30, 2018 July 29, 2019

Option Three July 30, 2019 July 29, 2020

Option Four July 30, 2020 July 29, 2021

F.3. Place of Performance

The Contractor may be required to perform some or all Contract requirements at NOAA facilities located in the Washington, DC metropolitan area. Telecommuting is not prohibited (ref. FAR

7.108). The Contractor must account for on-site (Government) and off-site (Contractor) labor rates for Contractor employees working at other than a Government facility. Travel may be required to NOAA facilities located in Wallops, Virginia, Fairmont, WV, and Fairbanks, AK.

F.4. Travel

The contractor shall participate in travel assignments as directed by the Government Contracting

Officer’s Representative (COR). The Contractor shall provide completed travel requests for travel at least three business days prior to the first day of planned travel. The Contractor shall submit travel costs on their monthly invoices within 30 days of travel. Travel shall be conducted and will be reimbursed in accordance with FAR 31.205-46 – Travel Costs. The Contractor is not entitled to fee (profit) on the cost of travel.

F.5 Estimated Level of Effort

(a) This Contract supports multiple offices within NESDIS. As requirements become firm and funds are identified, the Contracting Officer will request a Work Assignment Request for

Technical Response and Estimate of Cost and Fee to complete the Work Assignment. Following negotiations, the Work Assignment will be added to the Contract. The Estimated Level of Effort will be determined by Work Assignment. Attachment J.3 sets forth the total Estimated Level of

Effort by Labor Category over the total term of the Contract. Attachment J.4 defines the Labor

Categories. The Government estimates issuing Work Assignments totaling approximating

$28,000,000.00 per yearly performance period. See, Sectionn J.6 - Anticipated Work

Assignments.

SECTION G -- CONTRACT ADMINISTRATION DATA

G.1. FAR, GSAR, and CAR Clauses Incorporated by Reference

CAR 1352.201-70 Contracting Officer’s Authority None

G.2. CAR 1352.201-72 - Contracting Officer's Representative (COR) (APR 2010)

(a) Ronald Smilek is hereby designated as the Contracting Officer's Representative (COR). The

COR may be changed at any time by the Government without prior notice to the contractor by a unilateral modification to the contract. The COR is located at:

NSOF – Suitland, Maryland

Phone Number: (301) 817-3801

E-mail: ronald.smilek@noaa.gov

(b) The responsibilities and limitations of the COR are as follows:

(c) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(d) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting

Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

mailto:ronald.smilek@noaa.gov

G.3. CAR 1352.237-74 - Progress Reports (Apr. 2010)

The contractor shall submit to the Government a progress report every 10 th day following the end of each month during the period of performance. The contractor shall deliver progress reports that summarize the work completed during the performance period, the work forecast for the following period, and state the names, titles and number of hours expended for each of the contractor's professional personnel assigned to the contract, including officials of the contractor.

The report shall also include any additional information—including findings and recommendations—that may assist the Government in evaluating progress under this contract.

The first report shall include a detailed work outline of the project and the contractor's planned phasing of work by reporting period.

G.4. CAR 1352.245-70 - Government Furnished Property (APR 2010)

The Government will provide the following item(s) of Government property to the contractor.

The contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the contractor in accordance with provisions of the “Government Property” clause included in this contract.

Item No. Description Quantity Delivery Date Property/Tag No.

(if applicable)

Completed at Time of Award (CATA)

Desktop Computer or

Laptop Computer

CATA CATA CATA

G.5. Government Facilities

The Contractor will be granted ingress and egress at all necessary facilities. The Government will provide all working space, furniture; and desk telephones for contractor personnel located in

Government facilities. The facilities include:

(a) Workspace and Furniture. The Government may provide working space and furnishings for contractor personnel consistent with facilities provided to Government employees in that work area. During the period of performance of this Contract working space and furnishings may not be available for all contractor personnel. It may be necessary for a portion of the work to be performed at a Contractor facility. The Contractor shall share responsibility for physical security and safety, along with Government personnel.

(b) Utilities. Contractor employees will be provided the same utilities as those provided

Government employees while located at the government building. The Contractor shall use

Government furnished utilities in a prudent manner.

(c) Telephone. The Government shall furnish desk telephone service to the work area for official use only.

(d) Janitorial Services. The Government shall provide the same janitorial service to the

Contractor as provided for the government buildings.

G.6. Post-Award Orientation Meeting

A Post-Award Orientation Meeting shall be held among the Contractor, NOAA, and GSA within ten (10) days from the date of award of the Contract resulting from this Solicitation. The

Contractor shall produce all Key Personnel, the Contract Manager (or other named position) assigned by the Contractor to administer the Contract, and a person or persons responsible for submitting vouchers for reimbursable costs under the Contract. The Post-Award Orientation

Meeting shall be conducted at the NSOF in Suitland, MD.

G.7. Subcontractors

The Government approves the issuance of all subcontracts in the accepted Offer incorporated by reference into the Contract. If a Contractor proposes a subcontractor not included in the original

Offer and therefore the Contract, the Contractor shall comply with FAR 52.244-2 – Subcontracts and FAR 44.2 – Consent to Subcontracts.

G.8. Electronic Invoicing Process (December 2014)

GSA employs Electronic Commerce in Contracting to the maximum extent practicable.

Contractors shall use the GSA Assisted Acquisition Service Business System (ASSIST), also known as IT Solutions Shop (ITSS) at https://portal.fas.gsa.gov to submit invoices. All invoice information, to include attached documents, shall be submitted to ASSIST via the Central

Invoice Service (CIS).

(a) For each invoice, the contractor shall complete the required fields provided in ASSIST CIS and must attach a copy of the invoice. Assistance in using the GSA ASSIST CIS application and answers to related questions may be obtained via email at aasbs.helpdesk@gsa.gov or by calling (877) 472-4877.

(b) The Invoice Form will include all active Task Items on the contract. The contractor shall enter the invoice amount in dollars and cents for each Task Item.

(c) Additional instructions may be provided by the Contracting Officer, Contracting Officer’s

Representative, or the Customer Account Manager, immediately following the award of the contract or during contract administration to further enhance the use of Electronic Commerce in

Contracting or to ensure compliance with GSA or GSA Customer Agency requirements or policies.

G.9. Invoice Content (January 2014)

(1) In addition to the requirements of a proper invoice as set forth in the Federal Acquisition

Regulation, an invoice submitted in accordance with the clause titled Electronic Invoicing

Process (January 2014), shall contain the following:

Name of the business concern, address, and telephone number

Invoice date

Invoice number

Contract Number

ITSS (GSA ASSIST) Identification Number

Task Order Number and any other authorization for delivery of property or services

Accounting Control Transaction (ACT) number

Item Number, National Stock Number (NSN) or other product identification number, description, price, and quantity of property or services actually delivered or rendered

Breakout of amount claimed by Contract Task Item Number or Contract Line Item Number

Shipping and payment terms

Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent. The "remit to" address must correspond to the remittance address in the Contract.

Cumulative amount invoiced of current performance period

Cumulative percent invoiced of current performance period

Cost-Reimbursable and Labor Hour/Time and Material Contracts shall include:

i) labor category;

ii) hours worked per labor category;

iii) rate per labor category;

iv) total cost per labor category;

v) extended or “cumulative” amount per labor category;

vi) total travel costs incurred this invoice period;

vii) total travel costs to date;

viii) total of any other costs incurred this invoice period;

ix) amount obligated contract as of the invoice period;

x) total value of the contract for the performance period invoiced;

xi) total amount invoiced to date;

xii) total amount paid to date;

xiii) total of all costs incurred and invoiced;

xiv) total amount incurred but not paid to date;

xv) burn rate for the current invoice; and

xvi) average monthly burn rate of the performance period invoiced.

Travel – Name of traveler, date(s) of travel, location of travel, dollar amount of travel, and receipts for all travel expenses greater than $_______ ($75.00 unless a different number is inserted).

Other Direct Costs (ODC) – Description of the ODC, quantity, unit price and total price/cost of each ODC.

(2) Invoices shall be submitted in accordance with the following schedules:

Fixed-Price Contracts – At least five days after the end of the month in which the item(s) or services were delivered and accepted by the Government.

Cost-Reimbursement, Time-And-Materials and Labor-Hour Contracts – Not later than the twenty-fifth day of the month following the end of any monthly billing period.

(3) Additional instructions may be provided by the Contracting Officer, Contracting Officer’s

Representative, or the Customer Account Manager, immediately following the award of the contract or during contract administration to ensure compliance with GSA or GSA Customer

Agency requirements or policies.

G.10. Annual Performance Period Close-out

Not later than ninety (90) following the end of any performance period under the Contract, the

Contractor shall propose to the Contracting Officer the de-obligation of any funds in excess of the amount required to reimburse the Contractor for costs incurred and fee earned during said performance period. The Contractor agrees that funds in excess of the amount it proposes are necessary to reimburse it for performance period costs and fee may be de-obligated from the

Contract.

G.11 Work Assignments and Budget Reporting

Funds obligated to a specific Work Assignment may not be available for other Work

Assignments unless specifically stated in the modification. A Budget Report shall be provided monthly and shall detail the dollar amount allotted (obligated) to each Work Assignment, the dollar amount incurred, the percent of funds remaining, and the date the Contractor will incur

100% of the amount allotted.

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. FAR, CAR, and GSAR Clauses Incorporated by Reference

CAR 1352.209-71 Limitation of Future Contracting (Alt III) Apr 2010

CAR 1352.208-70 Restrictions on Printing and Duplicating Apr 2010

CAR 1352.209-72 Restrictions Against Disclosure Apr 2010

CAR 1352.209-73 Compliance with the Laws Apr 2010

CAR 1352.209-74 Organizational Conflict of Interest Apr 2010

CAR 1352.228-71 Deductible Under Required Insurance Coverage – Cost

Reimbursement

Apr 2010

CAR 1352.228-76 Approval of Group Insurance Plans Apr 2010

CAR 1352.231-71 Duplication of Effort Apr 2010

CAR 1352.237-70 Security Processing Requirements – High or Moderate

Risk Contracts

Apr 2010

CAR 1352.239-72 Security Requirements for Information Technology

Resources

Apr 2010

H.2. CAR 1352.228-70 - Insurance Coverage (Apr 2010)

(a) Workers Compensation and Employer's Liability. The contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General liability. (1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence. (2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability

Insurance shall be required in the amount of $0.00.

(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

H.3. CAR 1352.237-75 - Key Personnel (Apr 2010)

(a) The contractor shall assign to this contract the following key personnel:

Program Manager;

Project Manager

Subject Matter Expert; and

Systems Architect

(b) The contractor shall obtain the consent of the Contracting Officer prior to making key personnel substitutions. Replacements for key personnel must possess qualifications equal to or exceeding the qualifications of the personnel being replaced, unless an exception is approved by the Contracting Officer.

(c) Requests for changes in key personnel shall be submitted to the Contracting Officer at least

15 working days prior to making any permanent substitutions. The request should contain a detailed explanation of the circumstances necessitating the proposed substitutions, complete resumes for the proposed substitutes, and any additional information requested by the

Contracting Officer. The Contracting Officer will notify the contractor within 10 working days after receipt of all required information of the decision on substitutions. The contract will be modified to reflect any approved changes.

H.4. Observance of Legal Holidays

(a) On-site Government personnel observe the following holidays: New Year's Day, Birthday of

Martin Luther King, Jr., President’s Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day

(b) Any other day designated by Federal statute, Executive order, or the President's proclamation

H.5. Accounting System

The Contractor’s accounting system shall be adequate for determining costs applicable to the contract in compliance with FAR Part 31, Contract Cost Principles and Procedures.

Part II – Contract Clauses

Section I – Contract Clauses

I.1. FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998)

FAR 52.202-1 Definitions Nov 2013

FAR 52.203-3 Gratuities Apr 1984

FAR 52.203-5 Covenant Against Contingent Fees May 2014

FAR 52.203-6 Restrictions of Subcontractor Sales to the Government Sep 2006

FAR 52.203-7 Anti-Kickback Procedures May 2014

FAR 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activities

May 2014

FAR 52.203-10 Price of Fee Adjustment for Illegal or Improper Activity May 2014

FAR 52.203-12 Limitation on Payments to Influence Certain Federal

Transactions

Oct 2010

FAR 52.203-13 Contractor Code of Business Ethics and Conduct Apr 2010

FAR 52.203-14 Display of Hotline Poster(s) Oct 2015

FAR 52.203-15 Whistleblower Protections Under The American Recovery

And Reinvestment Act of 2009

Jun 2010

FAR 52.203-16 Preventing Personal Conflicts of Interest Dec 2011

FAR 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

Apr 2014

FAR 52.204-4 Printed or Copied Double-Sided on Recycled Paper May 2011

FAR 52.204-9 Personal Identity Verification of Contractor Personnel Jan 2011

FAR 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

July 2013

FAR 52.204-13 System for Award Management Maintenance July 2013

FAR 52.204-14 Service Contract Reporting Requirements Jan 2014

FAR 52.207-3 Right of First Refusal of Employment May 2006

FAR 52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for

Debarment

Aug 2013

FAR 52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters (If the Offeror checked “has” in paragraph (b) of the provision at 52.209-7)

July 2013

FAR 52.209-10 Prohibition on Contracting with Inverted Domestic

Corporations

Dec 2014

FAR 52.210-1 Market Research Apr 2011

FAR 52.215-2 Audit and Records—Negotiation Oct 2010

FAR 52.215-8 Order of Precedence—Uniform Contract Format Oct 1997

FAR 52.215-17 Waiver of Facilities Capital Cost of Money

(If Contractor did not propose facilities capital cost of money in its offer)

Oct 1997

FAR 52.215-23 Limitations on Pass-Through Charges Oct 2009

FAR 52.216-7 Allowable Cost and Payment: (a)(3) 30 th

Jun 2013

FAR 52.216-8 Fixed Fee Jun 2011

FAR 52.217-8 Option to Extend Services: thirty (30) days before contract expiration)

Nov 1999

FAR 52.217-9 Option to Extend the Term of the Contract: (a) “10 days before the contract expires” in the first blank,“30 days” in the second blank ; (c) “60 months”

Mar 2000

FAR 52.219-4 Notice of Price Evaluation preference for HUBZone Small

Business Concerns

Oct 2014

FAR 52.219-8 Utilization of Small Business Concerns Oct 2014

FAR 52.219-9 Small Business Subcontracting Plan

Alt.1

Oct 2015

Oct 2001

FAR 52.219-16 Liquidated Damages—Subcontracting Plan Jan 1999

FAR 52.219-28 Post-Award Small Business Program Rerepresentation Jul 2013

FAR 52.222-2 Payment for Overtime Premiums: Completed at Time of

Award

Jul 1990

FAR 52.222-3 Convict Labor Jun 2003

FAR 52.222-17 Nondisplacement of Qualified Workers May 2014

FAR 52.222-21 Prohibition of Segregated Facilities Apr 2015

FAR 52.222-26 Equal Opportunity Apr 2015

FAR 52.222-29 Notification of Visa Denial Apr 2015

FAR 52.222-37 Employment Reports on Veterans Jul 2014

FAR 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

Dec 2010

FAR 52.222-46 Evaluation of Compensation for Professional Employees Feb 1993

FAR 52.222-50 Combating Trafficking in Persons Mar 2015

FAR 52.222-54 Employment Eligibility Verification Aug 2013

FAR 52.223-5 Pollution Prevention and Right-to-Know Information May 2011

FAR 52.223-6 Drug-Free Workplace May 2001

FAR 52.223-10 Waste Reduction Program May 2011

FAR 52.223-18 Encouraging Contractor Policies to Ban Text Messaging

While Driving

Aug 2011

FAR 52.225-13 Restrictions on Certain Foreign Purchases Jun 2008

FAR 52.227-1 Authorization and Consent Dec 2007

FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright

Infringement

Dec 2007

FAR 52.227-3 Patent Indemnity Apr 1984

FAR 52.227-14 Rights in Data—General May 2014

FAR 52.227-17 Rights in Data—Special Works Dec 2007

FAR 52.228-7 Insurance – Liability to Third Persons Mar 1996

FAR 52.229-8 Taxes—Foreign Cost-Reimbursement Contracts Mar 1990

FAR 52.230-2 Cost Accounting Standards Oct 2015

FAR 52.230-3 Disclosure and Consistency of Cost Accounting Practices Oct 2015

FAR 52.230-6 Administration of Cost Accounting Standards Jun 2010

FAR 52.232-9 Limitation on Withholding of Payments Apr 1984

FAR 52.232-17 Interest May 2014

FAR 52.232-20 Limitation of Cost Apr 1984

FAR 52.232-22 Limitation of Funds Apr 1984

FAR 52.232-23 Assignment of Claims

Alt I

May 2014

Jan 1986

FAR 52.232-25 Prompt Payment

Alt I

Jul 2013

Feb 2002

FAR 52.232-33 Payment by Electronic Funds Transfer-System for Award

Management

Jul 2013

FAR 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013

FAR 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

Dec 2013

FAR 52.233-1 Disputes May 2014

FAR 52.233-3 Protest After Award

Alt I

Aug 1996

Jun 1985

FAR 52.233-4 Applicable Law for Breach of Contract Claim Oct 2004

FAR 52.237-3 Continuity of Services Jan 1991

FAR 52.239-1 Privacy or Security Safeguards Aug 1996

FAR 52.242-1 Notice of Intent to Disallow Costs Apr 1984

FAR 52.242-3 Penalties for Unallowable Costs May 2014

FAR 52.242-4 Certification of Final Indirect Costs Jan 1997

FAR 52.242-13 Bankruptcy Jul 1995

FAR 52.243-2 Changes – Cost Reimbursement

Alt. I

Aug 1987

Apr 1984

FAR 52.244-2 Subcontracts: (d) Completed at Time of Award; (j)

Completed at Time of Award

Alt 1

Oct 2010

Jun 2007

FAR 52.244-5 Competition in Subcontracting Dec 1996

FAR 52.244-6 Subcontracts for Commercial Items Apr 2015

FAR 52.245-1 Government Property Apr 2012

FAR 52.245-9 Use and Charges Apr 2012

FAR 52.246-25 Limitation of Liability – Services Feb 1997

FAR 52.248-1 Value Engineering Oct 2010

FAR 52.249-6 Termination (Cost-Reimbursement) May 2004

FAR 52.249-14 Excusable Delays Apr 1984

FAR 52.251-1 Government Supply Sources Apr 2012

FAR 52.252-4 Alterations in Contract Apr 1984

I.2 FAR Clauses – Full Text

FAR 52.222-35 Equal Opportunity for Veterans (Oct 2015)

(a) Definitions. As used in this clause—

“Active duty wartime or campaign badge veteran,” “Armed Forces service medal veteran,”

“disabled veteran,” “protected veteran,” “qualified disabled veteran,” and “recently separated veteran” have the meanings given at FAR 22.1301.

(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the

Contractor to employ and advance in employment qualified protected veterans.

(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The

Contractor shall act as specified by the Director, Office of Federal Contract Compliance

Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

FAR 52.222-36 Equal Opportunity for Workers with Disabilities (Jul 2014)

(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.

(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the

Secretary, so that such provisions will be binding upon each subcontractor or vendor. The

Contractor shall act as specified by the Director, Office of Federal Contract Compliance

Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.

Part III – List of Documents, Exhibits and Other Attachments

Section J – List of Attachments

J.1 Cost Summary Details

J.2 Payment of Fixed Fee

J.3 Level of Effort by Labor Category

J.4 Labor Category Definitions

J.5 Statement of Work

J.6 Anticipated Work Assignments

J.6.A – CIO

J.6B – GOES-R

J.6C – OPPA

J.6D – OSGS

Part IV – Representations and Instructions

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENT OF OFFERORS

K.1. FAR, GSAR, and CAR Provisions Incorporated by Reference

K.2. FAR 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

Provision # Title Date

FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence

Certain Federal Transactions

Sep 2007

FAR 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014

FAR 52.222-38 Compliance with Veterans’ Employment Reporting

Requirements

Sep 2010

FAR 52.225-25 Prohibition on Contracting with Entities Engaging in Certain

Activities or Transactions Relating to Iran – Representations and

Certifications

Dec 2012 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t26t28+2+244++%2826%29%20%20AND%20%28%2826%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 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 government;

Offeror is an agency or instrumentality of the Federal Government.

(e) Type of organization.

Sole proprietorship;

Partnership;

Corporate entity (not tax-exempt);

Corporate entity (tax-exempt);

Government entity (Federal, State, or local);

Foreign government;

International organization per 26 CFR 1.6049-4;

Other ___________________________________.

(f) Common parent.

Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.

Name and TIN of common parent:

Name ___________________________________

TIN ____________________________________

K.3. FAR 52.204-8, Annual Representations and Certifications (Dec 2014)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is

541330.

(2) The small business size standard is $15 million.

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(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

☐(i) Paragraph (d) applies.

☐(ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal

Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast

Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal

Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its

Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $79,507, the provision with its

Alternate II applies.

(D) If the acquisition value is $79,507 or more but is less than $100,000, the provision with its

Alternate III applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—

Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation.

This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

_X_ (i) 52.204-17, Ownership or Control of Offeror.

__ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

__ (iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

__ (iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Certification.

__ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for

EPA–Designated Products (Alternate I only).

__ (vi) 52.227-6, Royalty Information.

__ (A) Basic.

__(B) Alternate I.

__ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the

SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date].

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause # Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

K.4. FAR 52.209-5, Certification Regarding Responsibility Matters (Apr 2010)

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals—

(A) Are are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have have not , within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public

(Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

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(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. §

6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the

Bankruptcy Code).

(ii) The Offeror has has not , within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment;

and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the

United States and the Making of a False, Fictitious, or Fraudulent Certification May

Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States

Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the

Contracting Officer may render the Offeror nonresponsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the

Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

K.5. FAR 52.209-7, Information Regarding Responsibility Matters (Jul 2013)

(a) Definitions. As used in this provision—

“Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission

Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed

Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

“Federal contracts and grants with total value greater than $10,000,000” means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or…