M67854-14-R-0001.doc
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- Attached to
- AAV Survivability Upgrade Federal contract opportunity
- Solicitation number
- M67854-14-R-0001
- Issued by
- United States Marine Corps
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M67854-14-R-0001 AAV Survivability Upgrade RFP
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Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
PDR design phase
FFP
The Contractor shall complete a Government-approved Preliminary Design Review (PDR) for the AAV Survivability Upgrade in accordance with the Statement of Work (SOW), Contract Data Requirements List (CDRLs) and Performance Specification. Travel associated with this task shall be included and not separately priced.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 1 |
| Each |
CDR design phase
The Contractor shall complete a Government-approved Critical Design Review (CDR) for the AAV Survivability Upgrade in accordance with the SOW, CDRLs and Performance Specification. Travel associated with this task shall be included and not separately priced.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Reserved
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 6 |
| Each |
| OPTION |
| Prototypes |
FFP
The Contractor shall build six (6) prototypes in accordance with the Statement of Work, CDRLs and Performance Specification. Travel associated with this task shall be included and not separately priced.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 14 |
| Months |
| OPTION |
| Prototype Test Support for CLIN 0100 |
FFP
The Contractor shall provide test support for the prototype builds in accordance with the SOW and CDRLs. Travel associated with this task shall be included and not separately priced.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Reserved
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| Other Direct Costs (ODC's) |
COST
ODCs for CLINs 0100 - 0101, 0105 and 0106
All ODC's shall be pre-approved by the Contracting Officer. Fee shall not be included in ODC's. ODC's shall not exceed $500,000.
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| Transportation for CLINs 0100 - 0101 |
FFP
The Contractor shall provide transportation for the prototype vehicles during testing in accordance the SOW.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 2 |
| Each |
| OPTION |
| Prototypes |
FFP
The Contractor shall build two (2) prototypes in accordance with the Statement of Work, CDRLs and Performance Specification. Travel associated with this task shall be included and not separately priced.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Reserved
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Reserved
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| Transportation for CLINs 0105 - 0106 |
FFP
The Contractor shall provide transportation for the prototype vehicles during testing in accordance the SOW.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 4 |
| Each |
| OPTION |
| LRIP vehicles for FUSL Testing |
FFP
LRIP option - Any revised pricing for LRIP will be due 30 days prior to CDR in accordance with CDRL A067. Total price for this CLIN shall not exceed $6,402,060.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 12 |
| Each |
| OPTION |
| LRIP vehicles for PQT/RQT IOT&E testing |
FFP
LRIP option - Any revised pricing for LRIP will be due 30 days prior to CDR in accordance with CDRL A067. Total price for this CLIN shall not exceed $19,206,180.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 36 |
| Each |
| OPTION |
| LRIP vehicles for fielding |
FFP
LRIP option - Any revised pricing for LRIP will be due 30 days prior to CDR in accordance with CDRL A067. Total price for this CLIN shall not exceed $57,618,540.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
| 15 |
| Months |
| OPTION |
| LRIP Test Support for CLINs 0200-0202 |
FFP
The Contractor shall provide test support for the LRIP vehicles in accordance with the SOW and CDRLs. Travel associated with LRIP CLINS (0200 - 0202) shall be included in this CLIN and not separately priced.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Reserved
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| ODC's for CLINs 0200 - 0203 |
COST
All ODC's shall be pre-approved by the Contracting Officer. Fee shall not be included in ODC's. ODC's shall not exceed $1,000,000.
ESTIMATED COST
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| Transportation for CLINs 0200 - 0203 |
FFP
The Contractor shall provide transportation for the LRIP vehicles during testing in accordance the SOW.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Each
| OPTION |
| Technical Data Package |
FFP
The Contractor shall provide the technical data package in accordance with the SOW.
NET AMT
Section C - Descriptions and Specifications
SEE ATTACHMENT 16 - SOW
Section D - Packaging and Marking
PACKAGING & MARKING
D.1
PACKAGING AND MARKING OF DATA
All unclassified data shall be prepared for shipment in accordance with best commercial practice. Any classified reports, data, and documentation shall be prepared for shipment in accordance with National Industrial Security Program Operating Manual (NISPOM), DOD 5220.22-M dated January 1995 and the DD 254 - Contract Security Classification Specification.
D.2
PACKAGING AND MARKING OF HARDWARE
Packaging and marking of any hardware shall be in accordance with best commercial practices.
D.3
PACKAGING AND MARKING
The identification marking of individual parts shall be performed on modules, systems, equipments, assemblies, subassemblies, components, groups, sets or kits, and of spare and repair parts utilizing Item Unique Identification (IUID) in accordance with DFARS 252.211-7003. All IUID marked items including all Government Furnished Property (GFP) or Government Furnished Equipment (GFE) shall have their IUID data submitted electronically to the IUID Registry per DFARS 252.211-7007. To the extent individual parts do not meet the threshold cost requirements or other specific criteria of the DFARS, identification marking of such parts shall be accomplished in accordance with the following:
(1) Parts shall be marked in accordance with generally accepted commercial practice.
(2) In cases where parts are so small as not to permit identification marking as provided above, such parts shall be appropriately coded so as to permit ready identification.
D.4
MARKING AND PACKING LIST
(1) Marking. Shipments, shipping containers and palletized unit loads shall be marked in accordance with best commercial practice.
(2) Packing List (s). A packing list (DD Form 250 Material Inspection and Receiving Report may be used) identifying the contents of each shipment, shipping container or palletized unit load shall be provided by the contractor with each shipment. When a contract line item identified under a single stock number includes an assortment of related items such as kit or set components, detached parts or accessories, installation hardware or material, the packing list (s) shall identify the assorted items. Where assortment of related items is included in the shipping container, a packing list identifying the contents shall be furnished.
(3) Material Packing List. In addition to the requirements in paragraph (b) above, a master packing list shall be prepared where more than one shipment, shipping container or palletized unit load comprise the contract line item being shipped. The master packing list shall be attached to the number one container and so identified.
(4) Part Identification. All items within the kit, set, installation hardware or material shall be suitably segregated and identified within the unit pack (s) or shipping container by part number and/or national stock number.
Section E - Inspection and Acceptance
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 |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
| 0003 |
| Destination |
| Government |
| Destination |
| Government |
| 0100 |
| Destination |
| Government |
| Destination |
| Government |
| 0101 |
| Destination |
| Government |
| Destination |
| Government |
| 0102 |
| Destination |
| Government |
| Destination |
| Government |
| 0103 |
| Destination |
| Government |
| Destination |
| Government |
| 0104 |
| Destination |
| Government |
| Destination |
| Government |
| 0105 |
| Destination |
| Government |
| Destination |
| Government |
| 0106 |
| Destination |
| Government |
| Destination |
| Government |
| 0107 |
| Destination |
| Government |
| Destination |
| Government |
| 0108 |
| Destination |
| Government |
| Destination |
| Government |
| 0200 |
| Destination |
| Government |
| Destination |
| Government |
| 0201 |
| Destination |
| Government |
| Destination |
| Government |
| 0202 |
| Destination |
| Government |
| Destination |
| Government |
| 0203 |
| Destination |
| Government |
| Destination |
| Government |
| 0204 |
| Destination |
| Government |
| Destination |
| Government |
| 0205 |
| Destination |
| Government |
| Destination |
| Government |
| 0206 |
| Destination |
| Government |
| Destination |
| Government |
| 0207 |
| Destination |
| Government |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-4 |
| Inspection Of Services--Fixed Price |
| AUG 1996 |
| 52.246-7 |
| Inspection Of Research And Development Fixed Price |
| AUG 1996 |
| 52.246-16 |
| Responsibility For Supplies |
| APR 1984 |
Section F - Deliveries or Performance
ESTIMATED DELIVERY SCHEDULE
| CLIN |
| Description |
| Period of Performance |
| Payments |
| *0001 |
| PDR |
| 05/05/2014 - 10/31/2014 |
| 75% at PDR |
25% at CLIN completion
| *0002 |
| CDR |
| 05/05/2014 - 02/15/2015 |
| 75% at CDR |
25% at CLIN completion
| *0100 |
| 8 Prototypes |
| 02/01/2015 - 04/30/2016 |
| Upon USG acceptance of each prototype |
| *0101 |
| Test Support |
| 05/01/2016 - 03/15/2017 |
| Equal monthly payments |
| *0102 |
| - |
| Reserved |
| *0103 |
| ODC's |
| 02/01/2015 - 03/15/2017 |
| As required//Not more often than monthly |
| *0104 |
| Transportation |
| 02/01/2015 - 03/15/2017 |
| At CLIN Completion |
| *0105 |
| 2 Prototypes |
| 02/01/2015 - 04/30/2016 |
| Upon USG acceptance of each prototype |
*0106
| Reserved |
| Equal monthly payments |
*0107
Reserved
| *0108 |
| Transportation |
| 02/01/2015 - 03/15/2017 |
| At CLIN completion |
| *0200 |
| 4 LRIP (FUSL) |
| 03/15/2017 - 10/31/2017 |
| Upon USG acceptance of each vehicle |
| *0201 |
| 12 LRIP (PQT/RQT/IOT&E) |
| 03/15/2017 - 02/28/2018 |
| Upon USG acceptance of each vehicle |
| *0202 |
| 36 LRIP (Fielding) |
| 03/15/2017 - 02/15/2019 |
| Upon USG acceptance of each vehicle |
| *0203 |
| LRIP Test Support |
| 12/01/17 - 11/30/2018 |
| Equal monthly payments |
*0204
Reserved
| *0205 |
| ODC's |
| 03/15/2017 - 11/30/2018 |
| As required//Not more often than monthly |
| *0206 |
| Transportation |
| 03/15/2017 - 11/30/2018 |
| At CLIN Completion |
| *0207 |
| Technical Data Package |
| 03/15/2017 - 11/30/2018 |
| Upon USG acceptance |
*** ESTIMATED DELIVERY DATES ARE BASED ON A 5 MAY 2014 AWARD DATE. ACTUAL DELIVERY SCHEDULE WILL BE INCORPORATED AT TIME OF AWARD ***
CLAUSES INCORPORATED BY REFERENCE
| 52.211-8 |
| Time of Delivery |
| JUN 1997 |
| 52.211-9 |
| Desired and Required Time of Delivery |
| JUN 1997 |
| 52.211-17 |
| Delivery of Excess Quantities |
| SEP 1989 |
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.242-15 Alt I |
| Stop-Work Order (Aug 1989) - Alternate I |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 52.247-55 |
| F.O.B. Point For Delivery Of Government-Furnished Property |
| JUN 2003 |
CLAUSES INCORPORATED BY FULL TEXT
52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)
(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $4500.00 per calendar day of delay.
(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.
(End of clause)
Section G - Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through
WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Combo
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
Not Applicable
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF
Data to be entered in WAWF
Pay Official DoDAAC
TBD
Issue By DoDAAC
M67854
Admin DoDAAC
TBD
Inspect By DoDAAC
M67854/PMAAA
Ship To Code
Ship From Code
N/A
Mark For Code
Service Approver (DoDAAC)
M67854/PMAAA
Service Acceptor (DoDAAC)
Accept at Other DoDAAC
LPO DoDAAC
DCAA Auditor DoDAAC
Other DoDAAC(s)
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
Angelo.scarlato@usmc.mil
(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact: John.corrigan@usmc.mil
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
G.1 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER
(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the Contractor's facilities, or in any other manner, communicates with Contractor personnel during the performance of this contract shall constitute a change under the "Changes" clause of this contract.
(b) The Contractor shall not comply with any order, direction, or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.
(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer's. In the event the Contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority, and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof.
G.2 GOVERNMENT POINTS OF CONTACT
Listed below are the Government points of contact for this contract:
| ROLE |
| NAME |
| ADDRESS |
| PHONE/FAX |
| PROCURING CONTRACTING OFFICER (PCO) |
| Stacey Coolican |
| MARCORSYSCOM/CT028/ |
Contracts
2200 Lester St.
Quantico, VA 22134
PH: 703-784-4135
DSN: 278-4135
Stacey.coolican@usmc.mil
| CONTRACT SPECIALIST |
| Renee Staton |
| MARCORSYSCOM/CT028/ |
Contracts
2200 Lester St.
Quantico, VA 22134
PH: 703-784-3531
DSN: 278-3531
renee.staton@usmc.mil
| ADMINISTRATIVE CONTRACTING OFFICER (ACO) |
| TBD |
| TBD |
| TBD |
| TBD |
| TECHNICAL POINT OF CONTACT (TPOC) |
| Angelo Scarlato |
| MARCORSYSCOM |
2200 Lester St.
Quantico, VA 22134
PH: 703-784-2791 DSN: 278-2791
Angelo.scarlato@usmc.mil
G.3 DELEGATION OF AUTHORITY FOR CONTRACT ADMINISTRATION
The Administrative Contracting Officer (ACO) of the cognizant Defense Contract Management Command is designated as the authorized representative of the Contracting Officer for purposes of administering this contract in accordance with FAR 42.3. However, in view of the technical nature of the supplies and services to be furnished, technical cognizance is retained by the Marine Corps Systems Command/Program Executive Office – Land Systems.
G.4 CRITERIA FOR THE EXERCISE OF THE PROTOTYPE BUILD OPTION
The Government reserves the right to exercise an option to build prototype vehicles following CDR using a best value analysis. The Government intends to exercise and award the option to one (1) Offeror and will make a determination based upon, in addition to the option clauses and price, the following non-price criteria in descending order of importance:
1. The AAV Survivability Upgrade design that meets the $1.65M Government APUC (FY12 dollars). The Offeror(s) will consider the following design trades in descending order of importance:
a. Force protection
b. Seaworthiness and water safety
c. Land mobility and land safety
2. The proposed duration of the prototype manufacturing schedule
3. Outcome of manufacturing site visits conducted prior to CDR. The Government intends to conduct a site visit to each Offeror(s) proposed manufacturing facility. The intent of the visit is for the Government to review the following:
a. Established Manufacturing processes and procedures
b. Documentation of Manufacturing processes and procedures
c. Lean Manufacturing
d. Training
e. Facilities
4. Demonstrated performance through CDR All non-price factors, when combined, are significantly more important than the total evaluated price of the Prototype Build Options (Test Support Inclusive) and LRIP Options
G.5 LRIP Pricing
The Government is considering the use of a public-private partnership for the LRIP effort. The Government will make a determination on public-private partnership during the design phase of this contract.
Contractor(s) awarded a contract for the design phase will receive a refined, more detailed LRIP SOW approximately 90 days prior to CDR. In accordance with SOW paragraph 3.8, these documents will prepare the Contractor(s) to submit a revised competitive LRIP pricing proposal, in accordance with CDRL A067. Any revised LRIP price proposal (CLINS 0200 – 0204 and 0206) shall be firm fixed price and not exceed the NTE amount specified in Section B.
The Government will evaluate any revised LRIP pricing by examining the total price of the proposed line item prices listed in the offer.
G.5.1 LRIP Reasonableness Assessment
The Government will perform a price reasonableness assessment. Price reasonableness will be based on the proposed Nonrecurring/Recurring cost Basis of Estimates (BOEs) [Labor, Material, Other], the Cost and Software Data Reporting (CSDR) Plan Work Break Breakdown (WBS) for the base contract (Design and Development Phase), the Prototype Build Option, and Prototype Testing Support. Each BOE shall include the Ground Rules and Assumptions (to include Learning Curve Applications), Sources, Gross Methodology (analogy, parametric, extrapolation from actuals, bottoms-up, etc.) and be time-phased. Any revised pricing which provides an unbalanced price may be determined to be materially unbalanced and deficient.
Section H - Special Contract Requirements
CLAUSES INCORPORATED BY FULL TEXT
MCSC LOCAL CLAUSE
SECURITY REQUIREMENTS FOR CONTRACTORS EMPLOYING FOREIGN NATIONALS (APRIL 2007)
a. No later than three (3) days prior to beginning contract performance, the contractor shall notify the Contracting Officer and the Command Security Office of all foreign nationals employed by the contractor who require access to Government systems, protected information, and/or the contract work site, regardless of whether the site is at the Command or at the contractor’s facility.
b. The contractor shall ensure that all its foreign national employees report to the Command Security Office for appropriate badge identification prior to beginning contract performance. Foreign nationals are required to wear government identification at the contract work site. Security will determine the color requirement for the Command Access Card (CAC) and the Command badge to assist in identifying foreign national employees as follows:
1. For foreign national employees who require access to NMCI, Security will issue a CAC card with a red band.
2. For foreign national employees who require access to Command buildings, Security will issue a Command badge with a purple band.
c. The intent of the Government requirement will determine eligibility for access to Government systems and facilities. Information technology positions within Automated Information System (AIS) Category I or Category II require a Single Scope Background Investigation (SSBI). The Government will not investigate foreign nationals for AIS Category I or Category II positions. Therefore, foreign nationals cannot be employed to perform work on government systems designated by these categories of investigation.
CLAUSES INCORPORATED BY FULL TEXT
H.1 INCORPORATION OF REPRESENTATIONS AND CERTIFICATIONS BY REFERENCE
All representations and certifications and other written statements made by the Contractor in response to SECTION K of the solicitation or at the request of the contracting officer, incident to the award of the contract or modification of this contract, are hereby incorporated by reference with the same force and effect as if they were given in full text.
H.2 PUBLIC DISCLOSURE
Any information and photographs pertaining to this contract shall not be released for public dissemination except as provided by the Industrial Security Manual or unless it has been approved for public release by appropriate U.S. Government authority. Proposed public releases shall be submitted for written approval to the Contracting Officer.
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
| 52.202-1 |
| Definitions |
| JAN 2012 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| APR 1984 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.203-6 Alt I |
| Restrictions On Subcontractor Sales To The Government (Sep 2006) -- Alternate I |
| OCT 1995 |
| 52.203-7 |
| Anti-Kickback Procedures |
| OCT 2010 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| JAN 1997 |
| 52.203-10 |
| Price Or Fee Adjustment For Illegal Or Improper Activity |
| JAN 1997 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| OCT 2010 |
| 52.203-13 |
| Contractor Code of Business Ethics and Conduct |
| APR 2010 |
| 52.203-16 |
| Preventing Personal Conflicts of Interest |
| DEC 2011 |
| 52.204-2 |
| Security Requirements |
| AUG 1996 |
| 52.204-4 |
| Printed or Copied Double-Sided on Postconsumer Fiber Content Paper |
| MAY 2011 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| JUL 2013 |
| 52.204-13 |
| System for Award Management Maintenance |
| JUL 2013 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| AUG 2013 |
| 52.209-9 |
| Updates of Publicly Available Information Regarding Responsibility Matters |
| JUL 2013 |
| 52.209-10 |
| Prohibition on Contracting With Inverted Domestic Corporations |
| MAY 2012 |
| 52.210-1 |
| Market Research |
| APR 2011 |
| 52.211-5 |
| Material Requirements |
| AUG 2000 |
| 52.215-2 |
| Audit and Records--Negotiation |
| OCT 2010 |
| 52.215-2 Alt II |
| Audit and Records--Negotiation (Mar 2009) - Alternate II |
| APR 1998 |
| 52.215-2 Alt III |
| Audit and Records--Negotiation (Mar 2009) Alternate III |
| JUN 1999 |
| 52.215-8 |
| Order of Precedence--Uniform Contract Format |
| OCT 1997 |
| 52.215-9 |
| Changes or Additions to Make-or-Buy Program |
| OCT 1997 |
| 52.215-11 |
| Price Reduction for Defective Certified Cost or Pricing Data--Modifications |
| AUG 2011 |
| 52.215-13 |
| Subcontractor Certified Cost or Pricing Data--Modifications |
| OCT 2010 |
| 52.215-14 |
| Integrity of Unit Prices |
| OCT 2010 |
| 52.215-17 |
| Waiver of Facilities Capital Cost of Money |
| OCT 1997 |
| 52.215-18 |
| Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions |
| JUL 2005 |
| 52.215-21 |
| Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data--Modifications |
| OCT 2010 |
| 52.215-23 |
| Limitations on Pass-Through Charges |
| OCT 2009 |
| 52.216-4 |
| Economic Price Adjustment-Labor and Material |
| JAN 1997 |
| 52.216-7 |
| Allowable Cost And Payment |
| JUN 2013 |
| 52.216-11 |
| Cost Contract--No Fee |
| APR 1984 |
| 52.217-8 |
| Option To Extend Services |
| NOV 1999 |
| 52.219-4 |
| Notice of Price Evaluation Preference for HUBZone Small Business Concerns |
| JAN 2011 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| JUL 2013 |
| 52.219-9 |
| Small Business Subcontracting Plan |
| JUL 2013 |
| 52.219-9 Alt II |
| Small Business Subcontracting Plan (JULY 2013) Alternate II |
| OCT 2001 |
| 52.219-16 |
| Liquidated Damages-Subcontracting Plan |
| JAN 1999 |
| 52.219-25 |
| Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting |
| JUL 2013 |
| 52.219-28 |
| Post-Award Small Business Program Rerepresentation |
| JUL 2013 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-4 |
| Contract Work Hours and Safety Standards Act - Overtime Compensation |
| JUL 2005 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| MAR 2012 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| FEB 1999 |
| 52.222-26 |
| Equal Opportunity |
| MAR 2007 |
| 52.222-29 |
| Notification Of Visa Denial |
| JUN 2003 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| SEP 2010 |
| 52.222-36 |
| Affirmative Action For Workers With Disabilities |
| OCT 2010 |
| 52.222-37 |
| Employment Reports on Veterans |
| SEP 2010 |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act |
| DEC 2010 |
| 52.222-50 |
| Combating Trafficking in Persons |
| FEB 2009 |
| 52.222-54 |
| Employment Eligibility Verification |
| AUG 2013 |
| 52.223-3 |
| Hazardous Material Identification And Material Safety Data |
| JAN 1997 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-16 Alt I |
| IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) Alternate I |
| DEC 2007 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.223-19 |
| Compliance with Environmental Management Systems |
| MAY 2011 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.227-1 |
| Authorization and Consent |
| DEC 2007 |
| 52.227-1 Alt I |
| Authorization And Consent (Dec 2007) - Alternate I |
| APR 1984 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| DEC 2007 |
| 52.227-9 |
| Refund Of Royalties |
| APR 1984 |
| 52.227-10 |
| Filing Of Patent Applications--Classified Subject Matter |
| DEC 2007 |
| 52.227-23 |
| Rights to Proposal Data (Technical) |
| JUN 1987 |
| 52.228-7 |
| Insurance--Liability To Third Persons |
| MAR 1996 |
| 52.229-3 |
| Federal, State And Local Taxes |
| FEB 2013 |
| 52.232-1 |
| Payments |
| APR 1984 |
| 52.232-2 |
| Payments Under Fixed-Price Research And Development Contracts |
| APR 1984 |
| 52.232-8 |
| Discounts For Prompt Payment |
| FEB 2002 |
| 52.232-9 |
| Limitation On Withholding Of Payments |
| APR 1984 |
| 52.232-11 |
| Extras |
| APR 1984 |
| 52.232-17 |
| Interest |
| OCT 2010 |
| 52.232-20 |
| Limitation Of Cost |
| APR 1984 |
| 52.232-23 |
| Assignment Of Claims |
| JAN 1986 |
| 52.232-23 Alt I |
| Assignment of Claims (Jan 1986) - Alternate I |
| APR 1984 |
| 52.232-25 |
| Prompt Payment |
| JUL 2013 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| JUL 2013 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.233-1 |
| Disputes |
| JUL 2002 |
| 52.233-1 Alt I |
| Disputes (Jul 2002) - Alternate I |
| DEC 1991 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-3 Alt I |
| Protest After Award (Aug 1996) - Alternate I |
| JUN 1985 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.242-1 |
| Notice of Intent to Disallow Costs |
| APR 1984 |
| 52.242-3 |
| Penalties for Unallowable Costs |
| MAY 2001 |
| 52.242-4 |
| Certification of Final Indirect Costs |
| JAN 1997 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.243-1 |
| Changes--Fixed Price |
| AUG 1987 |
| 52.243-1 Alt V |
| Changes--Fixed-Price (Aug 1987) - Alternate V |
| APR 1984 |
| 52.243-2 |
| Changes--Cost-Reimbursement |
| AUG 1987 |
| 52.243-7 |
| Notification Of Changes |
| APR 1984 |
| 52.244-2 |
| Subcontracts |
| OCT 2010 |
| 52.244-2 |
| Subcontracts |
| OCT 2010 |
| 52.244-2 Alt I |
| Subcontracts (Oct 2010) - Alternate I |
| JUN 2007 |
| 52.244-5 |
| Competition In Subcontracting |
| DEC 1996 |
| 52.244-6 |
| Subcontracts for Commercial Items |
| JUL 2013 |
| 52.245-1 |
| Government Property |
| APR 2012 |
| 52.245-9 |
| Use And Charges |
| APR 2012 |
| 52.246-24 |
| Limitation Of Liability--High-Value Items |
| FEB 1997 |
| 52.246-24 Alt I |
| Limitation Of Liability--High Value Items (Feb 1997) - Alternate I |
| APR 1984 |
| 52.246-25 |
| Limitation Of Liability--Services |
| FEB 1997 |
| 52.247-68 |
| Report of Shipment (REPSHIP) |
| FEB 2006 |
| 52.249-1 |
| Termination For Convenience Of The Government (Fixed Price) (Short Form) |
| APR 1984 |
| 52.249-2 |
| Termination For Convenience Of The Government (Fixed-Price) |
| APR 2012 |
| 52.249-6 |
| Termination (Cost Reimbursement) |
| MAY 2004 |
| 52.249-8 |
| Default (Fixed-Price Supply & Service) |
| APR 1984 |
| 52.249-8 Alt I |
| Default (Fixed-Price Supply and Service) (Apr 1984) - Alternate I |
| APR 1984 |
| 52.249-9 |
| Default (Fixed-Priced Research And Development) |
| APR 1984 |
| 52.249-14 |
| Excusable Delays |
| APR 1984 |
| 52.251-1 |
| Government Supply Sources |
| APR 2012 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 252.201-7000 |
| Contracting Officer's Representative |
| DEC 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7001 |
| Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies |
| DEC 2008 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| JAN 2009 |
| 252.203-7003 |
| Agency Office of the Inspector General |
| DEC 2012 |
| 252.204-7000 |
| Disclosure Of Information |
| AUG 2013 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| MAY 2013 |
| 252.204-7005 |
| Oral Attestation of Security Responsibilities |
| NOV 2001 |
| 252.204-7006 |
| Billing Instructions |
| OCT 2005 |
| 252.205-7000 |
| Provision Of Information To Cooperative Agreement Holders |
| DEC 1991 |
| 252.206-7000 |
| Domestic Source Restriction |
| DEC 1991 |
| 252.209-7001 |
| Disclosure of Ownership or Control by the Government of a Terrorist Country |
| JAN 2009 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country |
| DEC 2006 |
| 252.209-7999 (Dev) |
| Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation) |
| JAN 2012 |
| 252.211-7000 |
| Acquisition Streamlining |
| OCT 2010 |
| 252.211-7001 |
| Availability of Specifications, Standards, and Data Item Descriptions Not Listed in the Acquisition Streamlining and Standardization Information System (ASSIST), and Plans, Drawings, and Other Pertinent Documents |
| MAY 2006 |
| 252.211-7007 |
| Reporting of Government-Furnished Property |
| AUG 2012 |
| 252.211-7008 |
| Use of Government-Assigned Serial Numbers |
| SEP 2010 |
| 252.215-7000 |
| Pricing Adjustments |
| DEC 2012 |
| 252.215-7008 |
| Only One Offer |
| JUN 2012 |
| 252.219-7003 |
| Small Business Subcontracting Plan (DOD Contracts) |
| AUG 2012 |
| 252.222-7006 |
| Restrictions on the Use of Mandatory Arbitration Agreements |
| DEC 2010 |
| 252.223-7004 |
| Drug Free Work Force |
| SEP 1988 |
| 252.223-7008 |
| Prohibition of Hexavalent Chromium |
| JUN 2013 |
| 252.225-7001 |
| Buy American And Balance Of Payments Program |
| DEC 2012 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| DEC 2012 |
| 252.225-7003 |
| Report of Intended Performance Outside the United States and Canada--Submission with Offer |
| OCT 2010 |
| 252.225-7004 |
| Report of Intended Performance Outside the United States and Canada--Submission after Award |
| OCT 2010 |
| 252.225-7006 |
| Quarterly Reporting of Actual Contract Performance Outside the United States |
| OCT 2010 |
| 252.225-7007 |
| Prohibition on Acquisition of United States Munitions List Items from Communist Chinese Military Companies |
| SEP 2006 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| FEB 2013 |
| 252.225-7013 |
| Duty-Free Entry |
| JUN 2012 |
| 252.225-7015 |
| Restriction on Acquisition of Hand Or Measuring Tools |
| JUN 2005 |
| 252.225-7016 |
| Restriction On Acquisition Of Ball and Roller Bearings |
| JUN 2011 |
| 252.225-7030 |
| Restriction On Acquisition Of Carbon, Alloy, And Armor Steel Plate |
| DEC 2006 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| SEP 2004 |
| 252.227-7000 |
| Non-estoppel |
| OCT 1966 |
| 252.227-7013 |
| Rights in Technical Data--Noncommercial Items |
| JUN 2013 |
| 252.227-7015 |
| Technical Data--Commercial Items |
| JUN 2013 |
| 252.227-7016 |
| Rights in Bid or Proposal Information |
| JAN 2011 |
| 252.227-7017 |
| Identification and Assertion of Use, Release, or Disclosure Restrictions |
| JAN 2011 |
| 252.227-7020 |
| Rights In Special Works |
| JUN 1995 |
| 252.227-7025 |
| Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends |
| MAY 2013 |
| 252.227-7026 |
| Deferred Delivery Of Technical Data Or Computer Software |
| APR 1988 |
| 252.227-7027 |
| Deferred Ordering Of Technical Data Or Computer Software |
| APR 1988 |
| 252.227-7030 |
| Technical Data--Withholding Of Payment |
| MAR 2000 |
| 252.227-7037 |
| Validation of Restrictive Markings on Technical Data |
| JUN 2013 |
| 252.227-7038 |
| Patent Rights--Ownership by the Contractor (Large Business) |
| JUN 2012 |
| 252.232-7003 |
| Electronic Submission of Payment Requests and Receiving Reports |
| JUN 2012 |
| 252.232-7007 |
| Limitation Of Government's Obligation |
| MAY 2006 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.233-7001 |
| Choice of Law (Overseas) |
| JUN 1997 |
| 252.235-7010 |
| Acknowledgment of Support and Disclaimer |
| MAY 1995 |
| 252.235-7011 |
| Final Scientific or Technical Report |
| NOV 2004 |
| 252.237-7010 |
| Prohibition on Interrogation of Detainees by Contractor Personnel |
| JUN 2013 |
| 252.239-7001 |
| Information Assurance Contractor Training and Certification |
| JAN 2008 |
| 252.239-7016 |
| Telecommunications Security Equipment, Devices, Techniques, And Services |
| DEC 1991 |
| 252.242-7004 |
| Material Management And Accounting System |
| MAY 2011 |
| 252.242-7006 |
| Accounting System Administration |
| FEB 2012 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.244-7000 |
| Subcontracts for Commercial Items |
| JUN 2013 |
| 252.244-7001 |
| Contractor Purchasing System Administration |
| JUN 2012 |
| 252.245-7000 |
| Government-Furnished Mapping, Charting, and Geodesy Property |
| APR 2012 |
| 252.245-7001 |
| Tagging, Labeling, and Marking of Government-Furnished Property |
| APR 2012 |
| 252.245-7002 |
| Reporting Loss of Government Property |
| APR 2012 |
| 252.245-7003 |
| Contractor Property Management System Administration |
| APR 2012 |
| 252.245-7004 |
| Reporting, Reutilization, and Disposal |
| MAY 2013 |
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
| 252.246-7001 |
| Warranty Of Data |
| DEC 1991 |
| 252.246-7001 Alt II |
| Warranty Of Data (Dec 1991) - Alternate II |
| DEC 1991 |
| 252.246-7003 |
| Notification of Potential Safety Issues |
| JUN 2013 |
| 252.246-7004 |
| Safety of Facilities, Infrastructure, and Equipment for Military Operations |
| OCT 2010 |
| 252.246-7006 |
| Warranty Tracking of Serialized Items |
| JUN 2011 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| JUN 2013 |
| 252.249-7000 |
| Special Termination Costs |
| DEC 1991 |
| 252.249-7002 |
| Notification of Anticipated Contract Termination or Reduction |
| OCT 2010 |
CLAUSES INCORPORATED BY FULL TEXT
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
(a) The Contractor shall make the following notifications in writing:
(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.
(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.
(b) The Contractor shall--
(1) Maintain current, accurate, and complete inventory records of assets and their costs;
(2) Provide the ACO or designated representative ready access to the records upon request;
(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and
(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.
The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.216-2 ECONOMIC PRICE ADJUSTMENT--STANDARD SUPPLIES (JAN 1997)
(a) The Contractor warrants that the unit price stated in the Schedule for ___________ [offeror insert Schedule line item number] is not in excess of the Contractor's applicable established price in effect on the contract date for like quantities of the same item. The term "unit price" excludes any part of the price directly resulting from requirements for preservation, packaging, or packing beyond standard commercial practice. The term “established price” means a price that (1) is an established catalog or market price for a commercial item sold in substantial quantities to the general public, and (2) is the net price after applying any standard trade discounts offered by the Contractor.
(b) The Contractor shall promptly notify the Contracting Officer of the amount and effective date of each decrease in any applicable established price. Each corresponding contract unit price shall be decreased by the same percentage that the established price is decreased. The decrease shall apply to those items delivered on and after the effective date of the decrease in the Contractor's established price, and this contract shall be modified accordingly.
(c) If the Contractor's applicable established price is increased after the contract date, the corresponding contract unit price shall be increased, upon the Contractor's written request to the Contracting Officer, by the same percentage that the established price is increased, and the contract shall be modified accordingly, subject to the following limitations:
(1) The aggregate of the increases in any contract unit price under this clause shall not exceed 10 percent of the original contract unit price.
(2) The increased contract unit price shall be effective (i) on the effective date of the increase in the applicable established price if the Contracting Officer receives the Contractor's written request within 10 days thereafter or (ii) if the written request is received later, on the date the Contracting Officer receives the request.
(3) The increased contract unit price shall not apply to quantities scheduled under the contract for delivery before the effective date of the increased contract unit price, unless failure to deliver before that date results from causes beyond the control and without the fault or negligence of the Contractor, within the meaning of the Default clause.
(4) No modification increasing a contract unit price shall be executed under this paragraph (c) until the Contracting Officer verifies the increase in the applicable established price.
(5) Within 30 days after receipt of the Contractor's written request, the Contracting Officer may cancel, without liability to either party, any undelivered portion of the contract items affected by the requested increase.
(d) During the time allowed for the cancellation provided for in subparagraph (c)(5) of this clause, and thereafter if there is no cancellation, the Contractor shall continue deliveries according to the contract delivery schedule, and the Government shall pay for such deliveries at the contract unit price, increased to the extent provided by paragraph (c) of this clause.
CLAUSES INCORPORATED BY FULL TEXT
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 7 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN (DEVIATION 2013-O0014) (AUG 2013)
(a) This clause does not apply to small business concerns.
(b) Definitions. As used in this clause--
“Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626(e)(2).
“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.
“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).
“Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.
“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).
“Individual contract plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.
“Master plan” means a subcontracting plan that contains all the required elements of an individual contract plan, except goals, and may be incorporated into individual contract plans, provided the master plan has been approved.
“Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.
(c) The offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business concerns, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business concerns, small disadvantaged business, and with women-owned small business concerns. If the offeror is submitting an individual contract plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns with a separate part for the basic contract and separate parts for each option (if any). The plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the offeror ineligible for award of a contract.
(d) The offeror’s subcontracting plan shall include the following:
(1) Goals, expressed in terms of percentages of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. The offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626:
(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business (SDB) concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe.
(ii) Where one or more subcontractors are in the subcontract tier between the prime contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.
(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.
(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.
(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.
(D) If the Contracting Officer does not receive a copy of the ANC's or the Indian tribe's written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.
(2) A statement of --
(i) Total dollars planned to be subcontracted for an individual contract plan; or the offeror’s total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan;
(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);
(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;
(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;
(v) Total dollars planned to be subcontracted to HUBZone small business concerns;
(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Idian tribes); and
(vii) Total dollars planned to be subcontracted to women-owned small business concerns.
(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to --
(i) Small business concerns,
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns, and
(vi) Women-owned small business concerns.
(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.
(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, the System for Award Management (SAM), veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern's size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.
(6) A statement as to whether or not the offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with --
(i) Small business concerns (including ANC and Indian tribes);
(ii) Veteran-owned small business concerns;
(iii) Service-disabled veteran-owned small business concerns;
(iv) HUBZone small business concerns;
(v) Small disadvantaged business concerns (including ANC and Indian tribes); and
(vi) Women-owned small business concerns.
(7) The name of the individual employed by the offeror who will administer the offeror’s subcontracting program, and a description of the duties of the individual.
(8) A description of the efforts the offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.
(9) Assurances that the offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $650,000 ($1.5 million for construction of any public facility with further subcontracting…
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