A0003.pdf
PDF 372 KB Posted
- Attached to
- USAF Prepo Vessel Time Charter Federal contract opportunity
- Solicitation number
- N32205-21-R-4172
About this file
This document summarizes an amendment to a solicitation for a USAF Prepo Vessel Time Charter. The amendment extends the offer due date from October 15, 2021 at 1:00 PM to October 18, 2021 at 1:00 PM. It adds DFARS clause 252.223-7999 ensuring adequate COVID-19 safety protocols for federal contractors. The amendment also updates the DFARS clause 252.232-7006 to modify the routing data table for invoice submission in the Wide Area Workflow system. All other terms and conditions of the original solicitation remain unchanged.
View the file
Other files for this federal contract opportunity
Show all 23
On GovTribe
Work with this file on GovTribe
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print)
30-105-04EXCEPTION TO SF 30
APPROVED BY OIRM 11-84
STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA
FAR (48 CFR) 53.243
See amendment details below .
1. CONTRACT ID CODE PAGE OF PAGES
J 1 11
16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
16C. DATE SIGNED
BY 12-Oct-2021
16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR
(Signature of Contracting Officer)(Signature of person authorized to sign)
8. NAME AND ADDRESS OF CONTRACTOR (No., Street, County, State and Zip Code) X N3220521R4172
X 9B. DATED (SEE ITEM 11)
16-Sep-2021
10B. DATED (SEE ITEM 13)
9A. AMENDMENT OF SOLICITATION NO.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer X is extended, is not extended.
Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:
(a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;
or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE
CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modification and authority)
E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
10A. MOD. OF CONTRACT/ORDER NO.
2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)
6. ISSUED BY
3. EFFECTIVE DATE
12-Oct-2021
CODE
MILITARY SEALIFT COMMAND NORFOLK
471 EAST C. STREET
BLDG. SP-64
NAVAL STATION NORFOLK
NORFOLK VA 23511
N32205 7. ADMINISTERED BY (If other than item 6)
4. REQUISITION/PURCHASE REQ. NO.
CODE
See Item 6
FACILITY CODECODE
EMAIL:TEL:
N3220521R4172
SECTION SF 30 BLOCK 14 CONTINUATION PAGE
The following items are applicable to this modification:
SUMMARY OF CHANGES
SUMMARY OF CHANGES
SECTION SF 30 - BLOCK 14 CONTINUATION PAGE
The following have been added by full text:
A0003 The purpose of this amendment is to update the following:
1. Add DFARS 252.223-7999, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009) to PART VIII.
2. Update PART VIII (c)(6) DFARS 252.232-7006 Wide Area Workflow Instructions (f)(3) Routing Data Table.
3. Extend Offer Due Date Time from 15 October 2021 at 1300 to 18 October 2021 at 1300.
4. All other terms and conditions remain unchanged.
SECTION SF 1449 - CONTINUATION SHEET
SOLICITATION/CONTRACT FORM
The required response date/time has changed from 15-Oct-2021 01:00 PM to 18-Oct-2021 01:00 PM.
The following have been modified:
DRYTIME PROFORMA
MILITARY SEALIFT COMMAND
DRY CARGO TIME CHARTER (DRYTIME – EXTENDED TIME CHARTER)
AUGUST 2020 (REV 1 (05-13)
PART VIII. ADDITIONAL FAR AND DFARS CLAUSES
(a) FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)
This Contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at these addresses:
http://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
(b) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) clauses, which, if checked, are incorporated in this Contract by reference.
http://www.acquisition.gov/far/index.html http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html
(1) FAR 52.204-2 Security Requirements (MAR 2021)
(2) FAR 52.204-4 Printed or Copied Double-Side on Postconsumer Fiber Content
Paper (MAY 2011)
(3) FAR 52.204-13 System for Award Management Maintenance (OCT 2018)
(4) FAR 52.204-16 Commercial and Government Entity Code Reporting (AUG 2020)
(5) FAR 52.204-17 Ownership or Control of Offeror (AUG 2020)
(6) FAR 52.204-18 Commercial and Government Entity Code Maintenance (AUG
2020)
(7) FAR 52.204-19 Incorporation by Reference of Representations and Certifications
(DEC 2014)
(8) FAR 52.204-21 Basic Safeguarding of Covered Contractor Information Systems
Video Surveillance Services or Equipment (JUN 2016)
(9) FAR 52.204-25 Prohibition on Contracting for Certain Telecommunications and
Video Surveillance Services or Equipment (AUG 2020)
(10) FAR 52.211-2 Availability of Specifications, Standards, and Data Item
Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST) (APR 2014)
(11) FAR 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018)
(12) FAR 52.217-5 Evaluation of Options (JULY 1990)
(13) FAR 52.225-19 Contractor Personnel in a Designated Operational Area or
Supporting a Diplomatic or Consular Mission Outside the United States (MAY 2020)
(14) FAR 52.228-3 Worker’s Compensation Insurance (Defense Base Act) (JUL 2014)
(15) FAR 52.232-18 Availability of Funds (APR 1984)
(16) FAR 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
(17) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors
(DEC 2013)
(18) FAR 52.242-15 Stop Work Order (AUG 1989)
(19) FAR 52.245-1 Government Property (JAN 2017)
(20) FAR 52.245-9 Use and Charges (APR 2012)
(21) DFARS 252.201-7000 Contracting Officer’s Representative (DEC 1991)
(22) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights
(SEPT 2013)
(23) DFARS 252.204-7000 Disclosure of Information (OCT 2016)
(24) DFARS 252.204-7003 Control of Government Personnel Work Product (APR
1992)
(25) DFARS 252.204-7008 Compliance with Safeguarding Covered Defense
Information Controls (OCT 2016)
(26) DFARS 252.204-7009 Limitations on the Use or Disclosure of Third-Party
Contractor Reported Cyber Incident Information (OCT 2016)
(27) DFARS 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting (DEC 2019)
(28) DFARS 252.204-7019 Notice of INST SP 800-171 DoD Assessment Requirements
(NOV 2020)
(29) DFARS 252.204-7020 NIST SP 800-171 DoD Assessment Requirements (NOV 2020)
(30) DFARS 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)
(31) DFARS 252.211-7006 Passive Radio Frequency Identification (DEC 2019)
(32) DFARS 252.211-7007 Reporting of Government-Furnished Property (AUG 2012)
(33) DFARS 252.215-7007 Notice of Intent to Resolicit (JUN 2012)
(34) DFARS 252.215-7008 Only One Offer (JUL 2019)
(35) DFARS 252.223-7003 Change in Place of Performance – Ammunition and
Explosives (DEC 1991)
(36) DFARS 252.225-7040 Contractor Personnel Supporting U.S. Armed Forces
Deployed Outside the United States (OCT 2015)
(37) DFARS 252.225-7043 Antiterrorism/Force Protection for Defense Contractors
Outside the United States (JUN 2015)
(38) DFARS 252.232-7007 Limitation of Government’s Obligation (APR 2014)
(39) DFARS 252.232-7017 Accelerating Payments to Small Business Subcontractors –
Prohibition on Fees and Consideration (APR 2020)
(40) DFARS 252.237-7023 Continuation of Essential Contractor Services (OCT 2010)
(41) DFARS 252.237-7024 Notice of Continuation of Essential Contractor Services
(OCT 2010)
(42) DFARS 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property (APR 2002)
(43) DFARS 252.245-7002 Reporting Loss of Government Property (JAN 2021)
(44) DFARS 252.245-7003 Contractor Property Management System Administration
(APR 2012)
(45) DFARS 252.245-7004 Reporting, Reutilization, and Disposal (DEC 2017)
(46) DFARS 252.247-7022 Representation of Extent of Transportation by Sea (JUN
2019)
(47) DFARS 252.247-7023 Transportation of Supplies by Sea-Basic (FEB 2019)
(48) DFARS 252.247-7025 Reflagging or Repair Work (JUN 2005)
(49) DFARS 252.247-7027 Riding Gang Member Requirements (MAY 2018)
(50) FAR 52.219-6 Notice of Total Small Business Set-Aside (DEVIATION 2020-
O0008)
(51) FAR 52.219-7 Notice of Partial Small Business Set-Aside (DEVIATION 2020-
O0008)
(52) FAR 52.219-14 Limitations on Subcontracting (DEVIATION 2020-0008)
(53) DFARS 252.219-7003 Small Business Subcontracting Reporting (DEVIATION
2019-O0005)
(54) DFARS 252.203-7995 Prohibition on Contracting with Entities that Require
Certain Internal confidentiality Agreements (DEVIATION 2017-O0001) (NOV 2016)
(55) DFARS 252.225-7975 Additional Access to Contractor and Subcontractor Records (Other than USCENTCOM) (DEVIATION 2020-O0022) (AUG 2020)
(56) DFARS 252.225-7976 Contractor Personnel Performing in Japan (DEVIATION 2018-O0019)
(57) DFARS 252.225-7980 Contractor Personnel Performing in the United States Africa Command Area of Responsibility (DEVIATION 2016-O0008)
(58) DFARS 252.225-7987 Requirements for Contractor Personnel Performing in USSOUTHCOM Area of Responsibility (DEVIATION 2014-O0016)
(59) DFARS 252.225-7993 Prohibition on Providing Funds to the Enemy
(DEVIATION 2022-O0022) (AUG 2020)
(60) DFARS 252.225-7995 Contractor Personnel Performing in the United States Central Command Area of Responsibility (DEVIATION 2015-O0009)
(61) USA000563-18DPAP; DFARS 2018-O0011 – Class Deviation – Enhanced Postaward Debriefing Rights (MAR 2018)
(62) DFARS 252.223-7999, Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (DEVIATION 2021-O0009)
(c) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clauses which, if checked, are included in this Contract:
(1) FAR 52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)
(a) Definitions. As used in this provision— “Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) means that–
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record “Active”.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b)(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that https://www.acquisition.gov/content/part-32-contract-financing#i1080713 https://www.acquisition.gov/content/part-4-administrative-and-information-matters#i1121746 http://www.sam.gov/ identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one.
The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.t
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://www.sam.gov for information on registration.
(End of Provision)
(2) FAR 52.217-8 Option to Extend Services (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor anytime prior to redelivery of the Vessel.
(3) FAR 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 anytime prior to redelivery of the Vessel. The Government may, but is not required to, give the contractor a preliminary notice of its intent to extend anytime prior to redelivery of the Vessel.
The preliminary notice, if provided, 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 59 months.
(4) Reserved
(5) Reserved
(6) DFARS 252.232-7006 Wide Area Work Flow Payment Instructions (DEC
2018)
(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.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (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.sam.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 shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.acq.osd.mil/dpap/dars/dfars/html/current/252232.htm#252.232-7003 https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
NOT APPLICABLE_________________________________________________
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
INVOICE COMBO___________________________________________________
(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(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 N50082 Issue By DoDAAC Leave Blank Admin DoDAAC N62387 Inspect By DoDAAC N62387 Ship To Code N62387 Ship From Code Leave Blank Mark For Code Leave Blank Service Approver (DoDAAC) N62387 Service Acceptor (DoDAAC) N62387 Accept at Other DoDAAC Leave Blank LPO DoDAAC N62387 DCAA Auditor DoDAAC Leave Blank Other DoDAAC(s) Leave Blank
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(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:
MSCHQ_WAWF@navy.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
(7) MSC SPECIFIC WIDE AREA WORKFLOW (WAWF) INSTRUCTIONS
The information contained in this instruction is supplemental to DFARS 252.232-7006. The information contained in the table in DFARS 252.232-7006 is for WAWF purposes only.
Information included in DFARS 252.232-7006 and this WAWF instruction apply only to WAWF Invoicing and WAWF Receiving Reports. Contradictory information elsewhere in this contract, e.g. Ship to DoDAAC, shall be followed per the terms and conditions of the contract.
mailto:MSCHQ_WAWF@navy.mil
When entering the invoice into WAWF, the Contractor shall fill in the DoDAAC fields or DoDAAC extensions exactly as shown in the table in DFARS 252.232-7006. Fields that should not be filled in when entering the invoice into WAWF will be indicated with the direction, “Leave Blank.”
In some situations the WAWF system will pre-populate the “Pay DoDAAC,” “Admin By DoDAAC” and “Issue By DoDAAC.” The Contractor shall verify that those DoDAACs automatically entered by the WAWF system match the information in the table in DFARS 252.232-7006. If these DoDAACs do not match, then the Contractor shall correct the field(s).
If Receiving Reports are required, ensure that the “Inspection” and “Acceptance” defaults of “destination” for both fields are not changed in the WAWF online interface.
The CLINs on the WAWF invoice shall be entered exactly as set forth in the contract document including CLIN number (e.g. 0001), Quantity (may be adjusted for actual quantity or dollar value delivered and invoiced), and Unit Price (e.g. $1.00). The dollar amounts on each CLIN or SubCLIN on the WAWF invoice shall reflect final performance values, but in no instance can the dollar amount for each CLIN or SubCLIN exceed what is specified in the contract document. The Contractor shall bill to the lowest level, e.g., the SubCLIN level. The Quantity and Unit of Measure fields must be filled out exactly as indicated in the CLINs and SubCLINs to reduce the possibility of the invoice being delayed or rejected during processing.
Before closing out of an invoice session in WAWF, but after submitting the document or documents, the Contractor will be given the option to send additional email notifications by clicking on the “Send More Email Notifications” link that appears on the page. The Contractor shall click on this link and add the Technical Point of Contact’s (TPOC) or Contracting Officer’s Representative’s (COR) email address in the first email address block and add any other additional email addresses desired in the following blocks. This additional notification to the Government is important to ensure the acceptor/receiver is aware that the invoice documents have been submitted into the WAWF system.
(8) DFARS 252.232-7010 Levies on Contract Payments (DEC 2006)
(a) 26 U.S.C. 6331(h) authorizes the Internal Revenue Service (IRS) to continuously levy up to 100 percent of contract payments, up to the amount of tax debt.
(b) When a levy is imposed on a payment under this contract and the Contractor believes that the levy may result in an inability to perform the contract, the Contractor shall promptly notify the Procuring Contracting Officer in writing, with a copy to the Administrative Contracting Officer, and shall provide—
(1) The total dollar amount of the levy;
(2) A statement that the Contractor believes that the levy may result in an inability to perform the contract, including rationale and adequate supporting documentation; and
(3) Advice as to whether the inability to perform may adversely affect national security, including rationale and adequate supporting documentation.
(c) DoD shall promptly review the Contractor’s assessment, and the Procuring Contracting
Officer shall provide a written notification to the Contractor including–
(1) A statement as to whether DoD agrees that the levy may result in an inability to perform the contract; and
(2) (i) If the levy may result in an inability to perform the contract and the lack of performance will adversely affect national security, the total amount of the monies collected that should be returned to the Contractor; or
(ii) If the levy may result in an inability to perform the contract but will not impact national security, a recommendation that the Contractor promptly notify the IRS to attempt to resolve the tax situation.
(d) Any DoD determination under this clause is not subject to appeal under the Contract Disputes Act.
(End of Clause)
(End of Summary of Changes)
File details come from the government source that posted it. Updated .