M6700420P1037.pdf

SEE ADDENDUM

(No Collect Calls)

M6700420Q1030 23-Jun-2020

b. TELEPHONE NUMBER

904-696-5170

8. OFFER DUE DATE/LOCAL TIME

01:00 PM 25 Jun 2020

5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA – FAR (48 CFR) 53.212

(TYPE OR PRINT)

(SIGNATURE OF CONTRACTING OFFICER)

ADDENDA ARE

26. TOTAL AWARD AMOUNT (For Gov t. Use Only )

23.

CODE 10. THIS ACQUISITION IS

SUCH ADDRESS IN OFFER

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT

BELOW IS CHECKED

TELEPHONE NO.904 696 5600

M670049. ISSUED BY

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK

M6700420P1037 01-Jul-2020

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

PATRICIA E. SOLBERG

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER

(TYPE OR PRINT)

30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.

25. ACCOUNTING AND APPROPRIATION DATA

1. REQUISITION NUMBER

20.

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

M5402620SUDG913

ARE NOT ATTACHED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

Patricia E. Solberg / Contracting Officer

See Schedule $149,349.96

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

. YOUR OFFER ON SOLICITATION

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

% FOR:SET ASIDE:UNRESTRICTED ORX

SMALL BUSINESS

17a.CONTRACTOR/ CODE 85KK7 FACILITY

OFFEROR CODE

USMC BLOUNT ISLAND COMMAND

ATTN: PATRICIA SOLBERG 5880 CHANNEL VIEW BL

JACKSONVILLE FL 32226-3404

NORTON T & T SERVICE INC

JAMES NORTON

5145 HECKSCHER DR

JACKSONVILLE FL 32226-3049

DFAS COLUMBUS

ATTN: KANSAS

P O BOX 182317

COLUMBUS OH 43218-2317

18a. PAYMENT WILL BE MADE BY CODE M67443

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. THIS CONTRACT IS A

13b. RATING

CODE

SEE ITEM 9

15. DELIVER TO CODE M38450 16. ADMINISTERED BY

Net 30 Days

12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFPX

USMC BLOUNT ISLAND COMMAND

CHARLES STICHBERRY

5880 CHANNEL VIEW BLVD.

JACKSONVILLE FL 32226-3404

904-696-5017FAX:

TEL: 904-696-5170

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

8(A)

HUBZONE SMALL

BUSINESS

SIZE STANDARD:

$12,000,000

NAICS:

811213

X

OFFER DATED

29. AWARD OF CONTRACT: REF.

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

EMAIL: patricia.solberg@bic.usmc.mil

904-696-5170TEL:

31c. DATE SIGNED

30-Jun-2020

SEE SCHEDULE

SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT

24.22.21.19.

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

(CONTINUED)

PAGE 2 OF62

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

37. CHECK NUMBER

FINALPARTIALCOMPLETE

36. PAYMENT35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER

FINAL

33. SHIP NUMBER

PARTIAL

38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 2/2012) BACK

Prescribed by GSA – FAR (48 CFR) 53.212

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

SEE SCHEDULE

20.

SCHEDULE OF SUPPLIES/ SERVICES

21.

QUANTITY UNIT

22. 23.

UNIT PRICE

24.

AMOUNT

19.

ITEM NO.

Section SF 1449 - CONTINUATION SHEET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 12 Months $12,445.83 $149,349.96

Information & Communications Technology

FFP

Contractor shall provide Information and Communications Technology (ICT)

Support Services in accordance with the Performance Work Statement (PWS) and terms and conditions of the contract.

FOB: Destination

MILSTRIP: M5402620SUDG913

PURCHASE REQUEST NUMBER: M5402620SUDG913

PSC CD: D304

NET AMT $149,349.96

ACRN AACIN: M5402620SUDG9130001

Funded Amount $149,349.96

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUL-2020 TO

30-JUN-2021

N/A USMC BLOUNT ISLAND COMMAND

CHARLES STICHBERRY

5880 CHANNEL VIEW BLVD.

JACKSONVILLE FL 32226-3404

9046965641

FOB: Destination

M38450

ACCOUNTING AND APPROPRIATION DATA

AA: 1701106BSS1 233 67695 067443 2D M54026

COST CODE: 0SUDG913ITAN

AMOUNT: $149,349.96

ACRN CLIN/SLIN CIN AMOUNT

AA 0001 M5402620SUDG9130001 $149,349.96

PWS

PERFORMANCE WORK STATEMENT (PWS)

Telephone Network Consulting Support Services

Marine Corps Support Facility Blount Island

Part 1

General Information

1. GENERAL:

1.1 Description of Services/Introduction: The Contractor shall provide information technology support services, inclusive of providing coordination and support on telecommunications infrastructure, assisting the Government with planning future requirements, and administrative management at Marine Corps Support Facility, Blount Island

(MCSF-BI). The office site is located at 5880 Channel View Boulevard, Jacksonville, Florida 32226-3404.

1.2 Background: MCSF-BI Telecommunications Officer responsibilities include the operational programming of a government owned telephone switch, network cabling and inside/outside cable plant. It is essential that all infrastructure be documented according to Marine Corps and BISCI standards to assist in troubleshooting issues in the future. This contract will support the identification and documentation of telecommunications infrastructure within MCSF-BI Area of Responsibility (AOR).

1.3 Objectives: The contract will be to provide Information and Communications Technology (ICT) support services on Government owned telecommunications infrastructure.

Blount Island Command’s S-6 shop is responsible for the day-to-day management and administration of base ICT services. This contract is in support of these functions.

1.4 Scope: MCSF-BI houses over 62 Category 2 Buildings, as well other portable facilities (trailers, make shift tents etc.).

1.4.1 The contractor will coordinate with the government in the documentation of building and portable facilities telecommunication infrastructure.

1.4.1.1 The contractor will complete documentation of a minimum of 14 buildings.

1.4.1.2 The building sequence will be provided by the government.

1.4.2 The contractor will provide detailed knowledge and technical support so that GIS/AutoCad drawings can be documented within our Installation Division.

1.4.3 The contractor shall ensure that all inside and outside plant cabling is identified, documented and labeled in each building/portable facility.

1.4.4 The contractor shall provide troubleshooting, new installs, upgrades, and locates on a daily basis as needed.

1.4.5 The contractor will supply all materials as requested by the Government to maintain the current infrastructure to include but not limited to network cards, face plates, network jacks, Cat-6, and fiber runs within the buildings.

1.4.6 Contractor will also provide emergency services up to 6 times per contract as needed. The Contracting

Officer, COR and S6 Director will be the only persons to determine an emergency.

1.5 Period of Performance: The period of performance shall be from 1 July, 2020 – 30 June, 2021.

1.6 General Information:

1.6.1 Quality Control. The contractor will coordinate with the government to ensure and maintain an effective quality control program to ensure services are performed in accordance with commercial and government industry standards. The contractor will assist with the development and implementation procedures to identify, prevent, and ensure non-recurrence of defective services

1.6.2 Recognized Holidays.

New Year’s Day Labor Day

Martin Luther King Jr.’s Birthday Columbus Day

President’s Day Veteran’s Day

Memorial Day Thanksgiving Day

Independence Day Christmas Day

1.6.3 Hours of Operation. The contractor is responsible for conducting business, between the hours of 0630 - 1800

Monday thru Friday except Federal holidays or when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the contractor will not be reimbursed when the government facility is closed for the above reasons.

The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.6.4 Place of Performance. The work to be performed under this contract will be performed at Marine Corps

Support Facility Blount Island, (MCSF-BI) Jacksonville, FL.

1.6.5 Type of Contract. The Government will award a Firm Fixed Price Contract.

1.6.6 Personnel and Information Security

1.6.6.1 Governing Security Directives and Policies. The contractor shall comply with DoD Directive 5220.22-M

(National Industrial Security Program Operating Manual (NISPOM)), SECNAV M-5510.36 (Department of the

Navy Information Security Program), SECNAVINST 5510.30C (Department of the Navy Personnel Security

Program), MCO 5510.18B (United States Marine Corps Information and Personnel Security Program), and adhere to all Blount Island Command and Marine Corps Support Facility - Blount Island security instructions, orders, policies, and directives.

1.6.6.2 General Personnel Security Guidelines. This contract does not require the contractor to possess a Secret

Facility Security Clearance; therefore, DD Form 254 (Contract Security Classification Specification) in not required. Minimal security requirements, as outlined below, will satisfy basic Common Access Card (CAC) and IT systems access requirements. Should the need arise to obtain a Secret Facility Security Clearance, the contractor will be required to gain and maintain a favorably adjudicated T3 investigation in accordance with MCO

5510.18B. It is the contractor’s responsibility for submission of security investigations for the performance of their work. The government will have and exercise full and complete control over granting, denying, withholding, or terminating security clearances for the Contractor employees.

1.6.6.3 CAC Requirements. The CAC is a DoD-mandated program affecting military, DoD civilians and eligible contractors. In addition to its use as an ID card, the CAC is expected to provide a variety of functional capabilities such as access to buildings and facilities, and secure access to government computer systems and networks. CACs shall by all personnel who meet one or both of the following criteria:

• Require local access to DoD computer networks and systems in either the unclassified environment; or the classified environment where authorized by governing security directives.

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

In order to meet CAC eligibility criteria, contractors must obtain and maintain a favorably adjudicated Personnel

Security Investigation (PSI). Prior to authorizing a CAC, contractors Joint Personnel Adjudication System (JPAS) record must indicate a completed and favorably adjudicated PSI or (at a minimum) that a PSI is submitted and accepted at U.S. Office of Management (OPM) with favorable fingerprints. The minimum acceptable investigation is a favorable T1. If the contractor’s open investigation closes and is not favorably adjudicated, the contractor’s

CAC will be confiscated.

The contractor shall return all CACs from terminated employees to the government Trusted Agent Security Manager

(TASM).

Blount Island Command Personnel and Information Security Points of Contact:

Lyle Layher

Security Manager

Commercial: 904-696-4749

Email: lyle.layher@usmc.mil

Derrick Williams

Assistant Security Manager

Commercial: 904-696-5056

Email: derrick.williams2@usmc.mil

1.6.6.4. The contractor shall be responsible for safeguarding all government equipment, information and property provided for contractor use. At the close of each work period, government facilities, equipment, and materials shall be secured.

1.6.7 Contractor/Subcontractor Access to MCSF-BI

In order to gain access to the installation, the contractor will comply with requirements outlined in CmdO 5560.1

(Entry Control Procedures) for MCSF-BI badges and vehicle registration. The Contractor shall immediately remove any employee that endangers national security.

1.6.8 CONUS Anti-Terrorism (AT) Considerations

The Contractor shall comply with monthly Random Anti-Terrorism Measures (RAM) as directed by CmdO 3302.1, Marine Corps Support Facility Blount Island Mission Assurance Plan. These RAM, at a minimum, will consist of mailto:lyle.layher@usmc.mil mailto:derrick.williams2@usmc.mil the random implementation of higher Force Protection Condition (FPCON) measures in consideration of the local terrorist capabilities. Random use of other physical security measures will be used to supplement FPCON measures.

FPCON describes the progressive level of countermeasures in response to a terrorist threat to U.S. military facilities and personnel. FPCON measures are used to deter terrorist attacks on DoD facilities and personnel by:

Varying routines.

Being sensitive to changes in the security atmosphere around DoD facilities and personnel.

The five FPCON levels are defined as follows:

Normal: This condition applies when a general global threat of possible terrorist activity exist and warrants a routine security posture.

Alpha: This condition applies when a general threat of possible terrorist activity against personnel and facilities, the nature, and extent of which are unpredictable.

Bravo: This condition applies when an increased and more predictable threat of terrorist activity exists.

Charlie: This condition applies when an incident occurs or intelligence is received indicating some form of terrorist action or targeting against personnel or facilities is likely.

Delta: This condition applies in the immediate area where a terrorist attack has occurred or when intelligence has been received that a terrorist action against a specific location or person is imminent.

Personnel may be asked to leave the base or not be allowed to enter the base when in elevated FPCONs.

During increased FPCONs, the Contractor and its equipment are subject to search via scheduled spot check or

RAMs at any time. Spot checks may also be conducted as RAMs.

1.6.9 Special Qualifications.

1.6.9.1 The Contractor shall assess the test procedures and data for systems, which test the total system to ensure satisfaction of all functional and technical requirements, and associated reports. Analyze configuration management plans, and other materials relative to the application, use, and performance of the systems to include hardware and software.

1.6.9.2 The Contractor shall be required to review technical documentation and Standard Operating Procedures (SOP) for all applications and hardware referenced in this PWS to ensure compliance with applicable DOD and U.S. Marine

Corps Telephone policies.

1.6.10 Travel. No OCONUS travel shall be required to support the requirements of this task.

1.6.11 Contracting Officer Representative (COR). The (COR) is Charles Stichberry, he is the telephone supervisor at MCSF-BI. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting contract.

1.6.12 Identification of Contractor Employees. All contract personnel attending meetings, answering Government telephones, and working in other situations where their contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are

Government officials. They must also ensure that all documents or reports produced by contractors are suitably marked as contractor products or that contractor participation is appropriately disclosed. All contractor personnel working at Blount Island will be required to obtain and wear badges in the performance of this service.

1.6.13 Organizational Conflict of Interest. Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information

(e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the

Contracting Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.

1.7. Work Performed on Marine Corps Installations. The contractor, as a resident of the facility, shall adhere to all rules, orders, regulations, and procedures applicable to residents of the Marine Corps installations where work is to be performed. The following are (although not an all-inclusive list) a listing of the relevant safety guidance that must be adhered to, as applicable, during the performance of the work:

EM 385-1-1, U.S. Army Corps of Engineers Safety and Health Requirements Manual

OPNAVINST 5100.23 (series) Navy Occupational Safety and Health Program Manual

MCO 5100.29 (series) Marine Corps Safety Program

MCO 5100.8, Marine Corps Occupational Safety and Health (OSH) Policy

NAVMC DIR 5100.8, MARCOR OSH Program Manual

Additional safety guidance that must be adhered to during the performance of the contract will be provided to the contractor by modification to the contract.

1.8. Accident/Injury Reporting. Accidents or injuries related to the contractor’s work place or a contract work activity where a person requires treatment from a medical practitioner are reportable to the Contracting Officer. The contractor shall report all accidents and/or injuries that occur during the performance of this contract within eight (8) hours of the occurrence. The contractor shall submit written notification via electronic mail, coupled with telephonic notification, to the Contracting Officer and all authorized representatives of the contract, e.g.

Contracting Officer Representative, Contracting Officer Technical Representative, or Quality Assurance

Representative. The Contracting Officer or designated representative under the contract shall notify the

Installation Safety Official within four (4) hours of the accident/injury notification. The Installation Safety

Official is Mr. Jeff Churchill and he may be contacted by email at jeff.churchill@bic.usmc.mil or by telephone at

(904) 696-5623.

1.9. Enterprise-Wide Contractor Manpower Reporting Application (ECMRA)

The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the work required herein via a secure data collection site.

The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year

(FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year.

Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

mailto:jeff.churchill@bic.usmc.mil https://doncmra.nmci.navy.mil/ https://doncmra.nmci.navy.mil/

PART 2

DEFINITIONS & ACRONYMS

2. DEFINITIONS AND ACRONYMS:

2.1. DEFINITIONS:

2.1.1. CONTRACTOR. A supplier or vendor awarded a contract to provide specific supplies or service to the government. The term used in this contract refers to the prime.

2.1.2. CONTRACTING OFFICER. A person with authority to enter into, administer, and or terminate contracts, and make related determinations and findings on behalf of the government. Note: The only individual who can legally bind the government.

2.1.3. CONTRACTING OFFICER'S REPRESENTATIVE (COR). An employee of the U.S. Government appointed by the contracting officer to administer the contract. Such appointment shall be in writing and shall state the scope of authority and limitations. This individual has authority to provide technical direction to the Contractor as long as that direction is within the scope of the contract, does not constitute a change, and has no funding implications. This individual does NOT have authority to change the terms and conditions of the contract.

2.1.4. DEFECTIVE SERVICE. A service output that does not meet the standard of performance associated with the

Performance Work Statement.

2.1.5. DELIVERABLE.

2.1.5.1 Provide detailed technical information to the Installation Division for CAD/AUTOCAD Drawing for designated buildings.

2.1.5.2 ID Fiber runs from building to FDB

2.1.5.3 ID all copper cables from building to buildings

2.1.5.4 Label all fiber runs from buildings to building and through manholes/hand holes.

2.1.5.5 Label all copper cables from building to building and through manholes

2.1.5.6 Label, test Install telephone lines.

2.1.5.7 Install computer lines, test and label.

2.1.5.8 Provide advice for installations and network solutions.

2.1.6. KEY PERSONNEL. Contractor personnel that are required to be used in the performance of a contract by the

Key Personnel listed in the PWS.

2.1.7. QUALITY ASSURANCE. The government procedures to verify that services being performed by the

Contractor are performed according to acceptable standards.

2.1.8. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP). An organized written document specifying the surveillance methodology to be used for surveillance of contractor performance.

2.1.9. QUALITY CONTROL. All necessary measures taken by the Contractor to assure that the quality of an end product or service shall meet contract requirements.

2.1.10. SUBCONTRACTOR. One that enters into a contract with a prime contractor. The Government does not have privity of contract with the subcontractor.

2.1.11. WORK DAY. The number of hours per day the Contractor provides services in accordance with the contract.

2.1.12. WORK WEEK. Monday through Friday, unless specified otherwise.

2.2. ACRONYMS: The following are common acronyms used in contract documents and/or Government meetings:

ASR Accountability Systems of Record

AOR Area of Responsibility

APS Authorized Property Systems

BCRD Business Capability Requirements Documents

BIC Blount Island Command

CFR Code of Federal Regulations

CONUS Continental United States (excludes Alaska and Hawaii)

COR Contracting Officer Representative

COTR Contracting Officer's Technical Representative

COTS Commercial-Off-the-Shelf

C&A Certification and Accreditation

DADMS DON Application and Database Management System

DBS Defense Business System

DFARS Defense Federal Acquisition Regulation Supplement

DITPR-DON DoD Information Technology Portfolio Repository Department of the Navy

DOD Department of Defense

FAM Functional Area Manager

FAR Federal Acquisition Regulation

GCSS-MC Global Combat Support System – Marine Corps

HQMC Headquarters Marine Corps

ICT Information and Communications Technology

IRB Investment Review Board

IT Information Technology

I&L Installation and Logistics

ITPRAS Information Technology Procurement and Approval System

IUID Item Unique Identification

KO Contracting Officer

MARCORSYSCOM Marine Corps Systems Command

MCATS Marine Corps Action Tracking System

MCCOG Marine Corps Cyberspace Operations Group

MCHS Marine Corps Common Hardware Suite

MCPIC Marine Corps Prepositioning Information Center

MCSELMS Marine Corps Software Enterprise License Management System

OCI Organizational Conflict of Interest

OCONUS Outside Continental United States (includes Alaska and Hawaii)

ODC Other Direct Costs

OOC Out of Cycle

POC Point of Contact

PRS Performance Requirements Summary

PWS Performance Work Statement

P&R Program and Resources

QA Quality Assurance

QAP Quality Assurance Program

QAR Quality Assurance Representative

QASP Quality Assurance Surveillance Plan

QC Quality Control

QCP Quality Control Program

RFID Radio Frequency Identification

RMF Risk Management Framework

SOP Standard Operating Procedures

CLAUSES INCORPORATED BY REFERENCE

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

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 AUG 2019

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

MAY 2019

252.211-7006 Passive Radio Frequency Identification DEC 2019

252.223-7008 Prohibition of Hexavalent Chromium JUN 2013

252.225-7007 Prohibition on Acquisition of Certain Items from Communist

Chinese Military Companies

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006

252.239-7010 Cloud Computing Services OCT 2016

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.246-7008 Sources of Electronic Parts MAY 2018

CLAUSES INCORPORATED BY FULL TEXT

52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and

(2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes'', as amended (41 U.S.C. 601-613).

Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR

52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the

Contracting Officer in writing as soon as it is reasonably possible after the commencement or any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include--

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on

Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award

Management, or 52.232-34, Payment by Electronic

Funds Transfer--Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of

Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any

United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the

Contractor is reasonably notified of such claims and proceedings.

(i) Payment.--

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C.

3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate

EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the

Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall--

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the--

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C.

7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if--

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer

(see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on--

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the

Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b.

destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The

Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the

Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 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; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C.

chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) the schedule of supplies/services; (2) The Assignments, Disputes, Payments, Invoice, Other

Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause; (3) the clause at 52.212-5; (4) addenda to this solicitation or contract, including any license agreements for computer software; (5) solicitation provisions if this is a solicitation; (6) other paragraphs of this clause; (7) the Standard Form 1449; (8) other documents, exhibits, and attachments; and (9) the specification.

(t) Reserved.

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C.

1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any

Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS--COMMERCIAL ITEMS (MAY 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017)

(section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.

113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by

Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19

U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)

(41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June

2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment

Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-

282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div.

C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub.

L. 111-117, section 743 of Div. C).

XX (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41

U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014)

(if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Nov 2016) of 52.219-9.

____ (iii) Alternate II (Nov 2016) of 52.219-9.

____ (iv) Alternate III (Nov 2016) of 52.219-9.

____ (v) Alternate IV (Aug 2018) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C.

657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-

Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns

Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

XX (26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2018) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28)(i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

____ (ii) Alternate I (Feb 1999) of 52.222-26.

XX (29)(i) 52.222-35, Equal Opportunity for Veterans (OCT 2015)(38 U.S.C. 4212).

____ (ii) Alternate I (July 2014) of 52.222-35.

XX (30)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUL 2014) (29 U.S.C. 793).

____ (ii) Alternate I (July 2014) of 52.222-36.

XX (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.

13496).

XX (33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O. 13627).

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

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the ____ acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in

22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May

2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun

2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners

(Jun 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and

13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

XX (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s

13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

XX (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.

13513).

____ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693).

____ (45)(i)…