ID05180019 RFP Sec I.pdf

USSOCOM T2SDT

ID05180019

Section I

Contract Clauses

Contents

I.1 52.252-2 Clauses Incorporated by Reference (FEB 1998) 2 I.2 Compliances with Laws and Regulations 7 I.3 Clauses Incorporated by Full Text 7

I.3.1 Ordering (FAR 52.216-18) (OCT 1995) 7 I.3.2 Indefinite Quantity (FAR 52.216-22)(OCT 1995) 7 I.3.3 Subcontracts For Commercial Items (FAR 52.244-6 )(APR 2003) 8 I.3.4 Authorized Deviations in Clauses (FAR 52.252-6 )(APR 1984). 10 I.3.5 Disclosure of Information (DFARS 252.204-7000) 10 I.3.6 Common Access Cards (CACs) for Contractor Personnel (AFFARS 5352.242-9001) 11 I.3.7 Incremental Funding – Time and Materials/Labor Hours (GSA-AOD, Jul 2009) 12

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I.1 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 these addresses:

FEDERAL ACQUISITION REGULATION:

https://www.acquisition.gov/?q=browsefar

GENERAL SERVICE ADMINISTRATION ACQUISITION MANUAL:

https://www.acquisition.gov/?q=browsegsam

DEFENSE FEDERAL ACQUISITION REGULATION SUPPLEMENT:

http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

Mandatory Clauses

Clause Number

Title and Date

FAR Clauses

52.202-1 Definitions (NOV 2013)

52.203-3 Gratuities (APR 1984)

52.203-5 Covenant Against Contingent Fees (MAY 2014)

52.203-6 Restrictions on Subcontractor Sales to the Government (SEP 2006)

Alternate I (OCT 1995)

52.203-7 Anti-Kickback Procedures (MAY 2014)

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

Improper Activity (MAY 2014)

52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY 2014)

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain

Federal Transactions (SEP 2007)

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

(OCT 2010)

52.204-2 Security Requirements (AUG 1996)

52.204-4 Printing/Copying Double-Sided on Recycled Paper (MAY 2011)

52.204-6 Unique Entity Identifier (OCT 2016)

52.204-7 System for Award Management (OCT 2016)

I − 2 of 12 https://www.acquisition.gov/?q=browsefar https://www.acquisition.gov/?q=browsegsam http://www.acq.osd.mil/dpap/dars/dfarspgi/current/

52.204-8 Annual Representations and Certifications (NOV 2017)

52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011)

52.209-5 Certification Regarding Responsibility Matters (OCT 2015)

52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment

(OCT 2015)

52.210-1 Market Research

52.215-2 Audit and Records - Negotiation (OCT 2010)

52.215-8 Order of Precedence - Uniform Contract Format (OCT 1997)

52.215-10 Price Reduction for Defective Certified Cost or Pricing Data (AUG 2011)

52.215-14 Integrity of Unit Prices (OCT 2010)

52.215-12 Subcontractor Certified Cost or Pricing Data (OCT 2010)

52.215-19 Notification of Ownership Changes (OCT 1997)

52.215-20 Requirements for Certified Cost or Pricing Data and Data Other Than

Certified Cost or Pricing Data (OCT 2010)

52.216-1 Type of Contract (APR 1984)

52.216-7 Allowable Cost and Payment (JUN 2013)

52.216-18 Ordering (OCT 1995)

52.216-19 Order Limitations (OCT 1995)

52.216-22 Indefinite Quantity (OCT 1995)

52.216-24 Limitation of Government Liability (APR 1984)

52.216-25 Contract Definitization (OCT 2010)

52.216-27 Single or Multiple Awards (OCT 1995)

52.217-5 Evaluation of Options (JULY 1990)

52.217-8 Option to Extend Services (NOV 1999)

52.222-1 Notice to the Government of Labor Disputes (FEB 1997)

52.222-3 Convict Labor (JUN 2003)

52.222-4 Contract Work Hours and Safety Standards Act—Overtime

Compensation (MAY 2014)

52.222-19 Child Labor—Cooperation with Authorities and Remedies (OCT 2016)

52.222-20 Contracts for Materials, Supplies, Articles and Equipment Exceeding

$15,000 (MAY 2014)

52.222-21 Prohibition of Segregated Facilities (APR 2015)

52.222-25 Affirmative Action Compliance (APR 1984)

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52.222-26 Equal Opportunity (SEP 2016)

52.222-35 Equal Opportunity for Veterans (OCT 2015)

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

52.222-37 Employment Reports on Veterans (FEB 2016)

52.222-38 Compliance with Veterans’ Employment Reporting Requirements

(FEB 2016)

52.222-50 Combating Trafficking in Persons (MAR 2015)

52.223-4 Recovered Material Certification (MAY 2008)

52.223-5 Pollution, Prevention and Right-to-Know Information (MAY 2011)

52.223-6 Drug-Free Workplace (MAY 2001)

52.225-5 Trade Agreements (OCT 2016) 52.225-6 Trade Agreements Certificate (MAY 2014)

52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008)

52.227-1 Authorization and Consent (DEC 2007)

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

(DEC 2007)

52.227-3 Patent Indemnity (APR 1984)

52.227-14 Rights in Data—General (MAY 2014)

52.227-16 Additional Data Requirements (JUN 1987)

52.228-5 Insurance - Work on a Government Installation (JAN 1997)

52.229-3 Federal, State, and Local Taxes (FEB 2013)

52.232-1 Payments (Fixed Price) (APR 1984)

52.232-7 Payments under Time-and-Materials and Labor-Hour Contracts

AUG 2012)

52.232-9 Limitation of Withholding of Payments (APR 1984)

52.232-18 Availability of Funds (APR 1984)

52.232-19 Availability of Funds for Next Fiscal Year (APR 1984)

52.232-20 Limitation of Cost (APR 1984)

52.232-23 Assignment of Claims (MAY 2014)

52.232-25 Prompt Payment (JUL 2013)

52.232-33 Payment by Electronic Funds Transfer—System for Award Management

(JUL 2013)

52.233-1 Disputes (MAY 2014)

52.233-2 Service of Protest (SEP 2006)

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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)

52.239-1 Privacy or Security Safeguards (AUG 1996)

52.242-13 Bankruptcy (JUL 1995)

52.242-15 Stop Work Order (AUG 1989)

52.242-17 Government Delay of Work (APR 1984)

52.243-1 Changes—Fixed Price (AUG 1987)

52.243-3 Changes—Time-and-Materials or Labor-Hours (SEP 2000)

52.243-7 Notification of Changes (APR 1984)

52.244-2 Subcontracts (OCT 2010)

52.244-5 Competition in Subcontracting (DEC 1996)

52.244-6 Subcontracts for Commercial Items (FEB 2016)

52.246-4 Inspection of Services—Fixed-Price (AUG 1996)

52.246-6 Inspection—Time-and-Material and Labor-Hour (MAY 2001)

52.246-16 Responsibility for Supplies (APR 1984)

52.246-18 Warranty of Supplies of a Complex Nature (MAY 2001)

52.246-20 Warranty of Services (MAY 2001)

52.246-23 Limitation of Liability (FEB 1997)

52.246-25 Limitation of Liability—Services (FEB 1997)

52.247-34 F.O.B. Destination (NOV 1991)

52.249-2 Termination for Convenience of the Government (Fixed-Price)

(APR 1984)

52.249-4 Termination for Convenience of the Government (Services) (Short Form)

(APR 1984)

52.249-8 Default (Fixed-Price Supply and Service) (APR 1984)

52.249-14 Excusable Delays (APR 1984)

52.251-1 Government Supply Sources (APR 2012)

52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998)

52.252-2 Clauses Incorporated by Reference (FEB 1998)

52.252-4 Alterations in Contract (APR 1984)

52.253-1 Computer Generated Forms (JAN 1991)

DFARS Clauses

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252.211-7003 Item Identification and Validation (DEC 2013)

252.225-7001 Buy American Act and Balance of Payments Program (NOV 2014)

252.225-7012 Preference for Certain Domestic Commodities (FEB 2013)

252.228-7001 Capture and Detention (DEC 1991)

GSAM Clauses

552.203-71 Restriction on Advertising (SEP 1999)

552.215-70 Examination of Records by GSA (FEB 1996)

552.232-23 Assignment of Claims (SEP 1999)

552.232-77 Payment By Government-wide Commercial Purchase Card (NOV 2009)

552.252-6 Authorized Deviations in Clauses (SEP 1999)

I.2 Compliances with Laws and Regulations

The contractor shall comply with all Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract including the following:

● 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain

Federal contracts;

● 18 U.S.C. 431 relating to officials not to benefit;

● 41 U.S.C. 265 and 10 U.S.C. 2409 relating to whistleblower protections;

● 49 U.S.C. 40118, Fly American; and

● 41 U.S.C. 423 relating to procurement integrity.

I.3 Clauses Incorporated by Full Text

I.3.1 Ordering (FAR 52.216-18) (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of contract award through expiration including options thereof.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

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(End of Clause)

I.3.2 Indefinite Quantity (FAR 52.216-22)(OCT 1995)

(a) This is an indefinite-quantity contract for supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimated 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 the date specified in the delivery order or task oder.

I.3.3 Subcontracts For Commercial Items (FAR 52.244-6 )(NOV 2017)

(a) Definitions. As used in this clause—

“Commercial item” has the meaning contained Federal Acquisition Regulation 2.101, Definitions.

“Subcontract” includes a transfer of commercial items between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier.

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial items or nondevelopmental items as

I − 7 of 12 components of items to be supplied under this contract.

(c)

(1) The Contractor shall insert the following clauses in subcontracts for commercial items:

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509), if the subcontract exceeds $5.5 million and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.

(iii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212(a));

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employments Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40.

(x)

(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O.

13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

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(xi) 52.222-55, Minimum Wages under Executive Order 13658 (Dec 2015).

(xii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Dec 2013), if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40.

(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may flow down to subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract.

I.3.4 Authorized Deviations in Clauses (FAR 52.252-6)(APR 1984)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter

1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any GSAM (48 CFR Chapter 5) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

I.3.5 Disclosure of Information (DFARS 252.204-7000)(OCT 2016)

(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless—

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(1) The Contracting Officer has given prior written approval;

(2) The information is otherwise in the public domain before the date of release; or

(3) The information results from or arises during the performance of a project that has been scoped and negotiated by the contracting activity with the contractor and research performer and determined in writing by the contracting officer to be fundamental research in accordance with National Security Decision Directive 189, National Policy on the Transfer of Scientific, Technical and Engineering Information, in effect on the date of contract award and the USD (AT&L) memoranda on Fundamental Research, dated May 24, 2010, and on Contracted Fundamental Research, dated June 26, 2008, (available at DFARS PGI 204.4).

(b) Requests for approval under paragraph (a)(1) shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 10 business days before the proposed date for release.

(c) The Contractor agrees to include a similar requirement, including this paragraph (c), in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer.

(End of clause)

I.3.6 Common Access Cards (CAC) for Contractor Personnel (AFFARS

5352.242-9001)(NOV 2012)

(a) For installation(s)/location(s) cited in the contract, contractors shall ensure Common Access Cards (CACs) are obtained by all contract or subcontract personnel who meet one or both of the following criteria:

(1) Require logical access to Department of Defense computer networks and systems in either:

(i) the unclassified environment; or

(ii) the classified environment where authorized by governing security directives.

(2) Perform work, which requires the use of a CAC for installation entry control or physical access to facilities and buildings.

(b) Contractors and their personnel shall use the following procedures to obtain CACs:

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(1) Contractors shall provide a listing of personnel who require a CAC to the contracting officer.

The government will provide the contractor instruction on how to complete the Contractor Verification System (CVS) application and then notify the contractor when approved.

(2) Contractor personnel shall obtain a CAC from the nearest Real Time Automated Personnel Identification Documentation System (RAPIDS) Issuing Facility (typically the local Military Personnel Flight (MPF)).

(c) While visiting or performing work on installation(s)/location(s), contractor personnel shall wear or prominently display the CAC as required by the governing local policy.

(d) During the performance period of the contract, the contractor shall:

(1) Within 7 working days of any changes to the listing of the contract personnel authorized a CAC, provide an updated listing to the contracting officer who will provide the updated listing to the authorizing government official;

(2) Return CACs in accordance with local policy/directives within 7 working days of a change in status for contractor personnel who no longer require logical or physical access;

(3) Return CACs in accordance with local policy/directives within 7 working days following a CACs expiration date; and

(4) Report lost or stolen CACs in accordance with local policy/directives.

(e) Within 7 working days following completion/termination of the contract, the contractor shall return all CACs issued to their personnel to the issuing office or the location specified by local policy/directives.

(f) Failure to comply with these requirements may result in withholding of final payment.

(End of clause)

I.3.7 Incremental Funding – Time and Materials/Labor Hours (GSA-AOD, JUL 2009)

The following clause applies to this contract and all delivery orders and task orders under this contract pursuant to GSA R5 AOD Acquisition Letter 3-2009-01 (revised 07-23-09).

Incremental Funding – Time and Materials/Labor Hours

The project may be incrementally funded. If incremental funded, funds shall be added to the contract/order via a unilateral modification as the funds become available. The

I − 11 of 12 contractor shall not perform work resulting in charges to the Government that exceed obligated funds.

The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of the total amount so far allotted to the contract/order by the Government. The notice shall state the estimated amount of additional funds required to continue performance of the contract/order for the specified period of performance or completion that task.

Sixty days before the end of the period specified in the Schedule, the Contractor shall notify the Contracting Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the contract or for any further period specified in the Schedule or otherwise agreed upon, and when the funds will be required.

The Government is not obligated to reimburse the contractor for charges in excess of the contract/order funded amount and the contractor is not obligated to continue performance or otherwise incur costs that could result in charges to the Government in excess of the obligated amount under the contract/order.

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