N4008423R2004_RFP.pdf
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- Fire Safety Systems Maintenance and Repair Services at Marine Corps Base Camp Butler, Okinawa, Japan
- Solicitation number
- N4008423R2004
About this file
This document is a request for proposal for fire safety systems maintenance and repair services at Marine Corps Base Camp Butler in Okinawa, Japan. The Naval Facilities Engineering Command Far East is soliciting proposals for a single contract to provide all labor, supervision, management, tools, materials, equipment, and other items necessary to perform the services described in the attached performance work statement. The contract will consist of a twelve-month base period and four one-year option periods. Offerors must be authorized to operate and conduct business in Japan and comply with all Japanese laws and regulations. Proposals are due by 10:00 AM on October 11, 2023. The contractor must have a Japanese bank account to receive payments processed through the Defense Finance and Accounting Service Japan.
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SEE ADDENDUM
(No Collect Calls)
N4008423R2004 01-Sep-2023
b. TELEPHONE NUMBER
6450351
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 11 Oct 2023
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 X 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.
N400849. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
CHIKAKO YAMADA
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
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
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
23R2004
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
(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 FACILITY
OFFEROR CODE
NAVFAC FAR EAST
FEAD CAMP BUTLER
UNIT 35002
FPO AP 96373-5002
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE M20233 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
AC/S FAC ENG FMO UNIT
WORK MANAGEMENT UNIT
MCB CAMP SD BUTLER
UNIT 35006
FPO AP 96373-5006
TEL: 645-3798 FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$47,000,000
NAICS:
561210
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:
TEL:
31c. DATE SIGNED
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 OF77
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.
N4008423R2004
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Each
BASE PERIOD RECURRING WORK
FFP
Fire Safety Systems Maintenance and Repair Services at Marine Corps Base Camp Butler, Okinawa, Japan
PLANNED BASE PERIOD: 1 FEB 2024 ~ 31 JAN 2025
The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to perform the services in accordance with Performance Work Statement, the terms and conditions of this contract including all its attachments.
The price for this Contract Line Item Number (CLIN) is the Total of all line items being awarded for the Recurring Work - i.e. the total of Exhibit Line Item Numbers (ELINs) A001 through A013 in Attachment J-0200000-07.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.
FOB: Destination
PURCHASE REQUEST NUMBER: 23R2004
PSC CD: S202
NET AMT
0002 Each
BASE PERIOD NON-RECURRING WORK
FFP
Fire Safety Systems Maintenance and Repair Services at Marine Corps Base Camp Butler, Okinawa, Japan
PLANNED BASE PERIOD: 1 FEB 2024 ~ 31 JAN 2025
The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to perform the services under NON-RECURRING work in accordance with Performance Work Statement, the terms and conditions of this contract including all its attachments.
NON-RECURRING work may be ordered during this period in accordance with the procedures described in the contract. Each order, if issued, will specify the exact locations, types of work, and period of performance.
The price for this Contract Line Item Number (CLIN) is the Total of all line items for the Base Period of Non-Recurring Work Items, Exhibit Line Item Numbers (ELINs) A700 in Attachment J-0200000-07.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.
FOB: Destination
0003 Each
OPTION 1ST OPTION PERIOD RECURRING WORK
FFP
Fire Safety Systems Maintenance and Repair Services at Marine Corps Base Camp Butler, Okinawa, Japan
PLANNED FIRST OPTION PERIOD: 1 FEB 2025 ~ 31 JAN 2026
The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to perform the services in accordance with Performance Work Statement, the terms and conditions of this contract including all its attachments.
The price for this Contract Line Item Number (CLIN) is the Total of all line items being awarded for the Recurring Work - i.e. the total of Exhibit Line Item Numbers (ELINs) B001 through B013 in Attachment J-0200000-07.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.
FOB: Destination
0004 Each
OPTION 1ST OPTION PERIOD NON-RECURRING WORK
FFP
Fire Safety Systems Maintenance and Repair Services at Marine Corps Base Camp Butler, Okinawa, Japan
PLANNED FIRST OPTION PERIOD: 1 FEB 2025 ~ 31 JAN 2026
The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to perform the services under NON-RECURRING work in accordance with Performance Work Statement, the terms and conditions of this contract including all its attachments.
NON-RECURRING work may be ordered during this period in accordance with the procedures described in the contract. Each order, if issued, will specify the exact locations, types of work, and period of performance.
The price for this Contract Line Item Number (CLIN) is the Total of all line items for 1st Option Period of Non-Recurring Work Items, Exhibit Line Item Numbers (ELINs) B700 in Attachment J-0200000-07.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.
FOB: Destination
0005 Each
OPTION 2ND OPTION PERIOD RECURRING WORK
FFP
Fire Safety Systems Maintenance and Repair Services at Marine Corps Base Camp Butler, Okinawa, Japan
PLANNED SECOND OPTION PERIOD: 1 FEB 2026 ~ 31 JAN 2027
The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to perform the services in accordance with Performance Work Statement, the terms and conditions of this contract including all its attachments.
The price for this Contract Line Item Number (CLIN) is the Total of all line items being awarded for the Recurring Work - i.e. the total of Exhibit Line Item Numbers (ELINs) C001 through C013 in Attachment J-0200000-07.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.
FOB: Destination
0006 Each
OPTION 2ND OPTION PERIOD NON-RECURRING WORK
FFP
Fire Safety Systems Maintenance and Repair Services at Marine Corps Base Camp Butler, Okinawa, Japan
PLANNED SECOND OPTION PERIOD: 1 FEB 2026 ~ 31 JAN 2027
The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to perform the services under NON-RECURRING work in accordance with Performance Work Statement, the terms and conditions of this contract including all its attachments.
NON-RECURRING work may be ordered during this period in accordance with the procedures described in the contract. Each order, if issued, will specify the exact locations, types of work, and period of performance.
The price for this Contract Line Item Number (CLIN) is the Total of all line items for 2nd Option Period of Non-Recurring Work Items, Exhibit Line Item Numbers (ELINs) C700 in Attachment J-0200000-07.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.
FOB: Destination
0007 Each
OPTION 3RD OPTION PERIOD RECURRING WORK
FFP
Fire Safety Systems Maintenance and Repair Services at Marine Corps Base Camp Butler, Okinawa, Japan
PLANNED THIRD OPTION PERIOD: 1 FEB 2027 ~ 31 JAN 2028
The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to perform the services in accordance with Performance Work Statement, the terms and conditions of this contract including all its attachments.
The price for this Contract Line Item Number (CLIN) is the Total of all line items being awarded for the Recurring Work - i.e. the total of Exhibit Line Item Numbers (ELINs) D001 through D013 in Attachment J-0200000-07.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.
FOB: Destination
0008 Each
OPTION 3RD OPTION PERIOD NON-RECURRING WORK
FFP
Fire Safety Systems Maintenance and Repair Services at Marine Corps Base Camp Butler, Okinawa, Japan
PLANNED THIRD OPTION PERIOD: 1 FEB 2027 ~ 31 JAN 2028
The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to perform the services under NON-RECURRING work in accordance with Performance Work Statement, the terms and conditions of this contract including all its attachments.
NON-RECURRING work may be ordered during this period in accordance with the procedures described in the contract. Each order, if issued, will specify the exact locations, types of work, and period of performance.
The price for this Contract Line Item Number (CLIN) is the Total of all line items for 3rd Option Period of Non-Recurring Work Items, Exhibit Line Item Numbers (ELINs) D700 in Attachment J-0200000-07.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.
FOB: Destination
0009 Each
OPTION 4TH OPTION PERIOD RECURRING WORK
FFP
Fire Safety Systems Maintenance and Repair Services at Marine Corps Base Camp Butler, Okinawa, Japan
PLANNED FOURTH OPTION PERIOD: 1 FEB 2028 ~ 31 JAN 2029
The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to perform the services in accordance with Performance Work Statement, the terms and conditions of this contract including all its attachments.
The price for this Contract Line Item Number (CLIN) is the Total of all line items being awarded for the Recurring Work - i.e. the total of Exhibit Line Item Numbers (ELINs) E001 through E013 in Attachment J-0200000-07.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.
FOB: Destination
0010 Each
OPTION 4TH OPTION PERIOD NON-RECURRING WORK
FFP
Fire Safety Systems Maintenance and Repair Services at Marine Corps Base Camp Butler, Okinawa, Japan
PLANNED FOURTH OPTION PERIOD: 1 FEB 2028 ~ 31 JAN 2029
The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to perform the services under NON-RECURRING work in accordance with Performance Work Statement, the terms and conditions of this contract including all its attachments.
NON-RECURRING work may be ordered during this period in accordance with the procedures described in the contract. Each order, if issued, will specify the exact locations, types of work, and period of performance.
The price for this Contract Line Item Number (CLIN) is the Total of all line items for 4th Option Period of Non-Recurring Work Items, Exhibit Line Item Numbers (ELINs) E700 in Attachment J-0200000-07.
Proposals shall be priced only in Japanese Yen. When the contract is awarded, the price of this CLIN will be expressed in U.S. Dollars for the administrative convenience of the U.S. Government. Payment will be made in Yen. Proposals not priced in Japanese yen shall be deemed non-responsive, and will not be eligible for award.
FOB: Destination
PART(B) SF1449 CONTINUATION
CONTRACT LINE ITEMS AND EXHIBIT LINE ITEMS
a. Offerors shall enter unit prices and amounts for Contract Line Items Numbers (CLINs) and Exhibit Line Items Numbers (ELINs) as indicated in the schedules and the accompanying exhibits, Attachment J-0200000-07.
b. In the event that there is a difference between a unit price and the extended total amount, the unit price will be held to be the intended offer and the total of the CLINs or ELINs will be recomputed accordingly. The CLIN which includes recomputed contract ELINs will also be recomputed to take into account the change in the contract ELIN.
If the offeror provides a total amount for a Sub-ELIN but fails to enter the unit price, the total amount divided by the Sub-ELIN will be held to be the intended unit price.
MAXIMUM NOT TO EXCEED (NTE) AND MINIMUM GUARANTEE
The maximum NTE value of an ordering period is the total of all the CLINs (Recurring and Non-Recurring CLINs) in that ordering period. The maximum or NTE value of the contract is the total value of all CLINs in the Schedule.
The maximum NTE value of an ordering period and of the contract may be increased by written modification to the contract in conjunction with any modification that increases the value of an existing task order that is authorized by a contract clause. Orders in excess of the estimated quantity set forth for any particular CLIN shall not be exceeded without the Contractor’s agreement which shall be indicated by signing or beginning performance of the order.
Concurrently with the award of the basic contract, the Government intends to issue a task order to obligate the contract CLIN 0001, Base Period (Minimum Guarantee): Fire Safety Systems Maintenance and Repair Services at Marine Corps Base Camp Butler, Okinawa, Japan.
Minimum guarantees do not apply to the option periods.
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 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-FEB-2024 TO
31-JAN-2025
N/A AC/S FAC ENG FMO UNIT
WORK MANAGEMENT UNIT
MCB CAMP SD BUTLER
UNIT 35006
FPO AP 96373-5006
645-3798 FOB: Destination
M20233
0002 POP 01-FEB-2024 TO
31-JAN-2025
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-FEB-2025 TO
31-JAN-2026
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-FEB-2025 TO
31-JAN-2026
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-FEB-2026 TO
31-JAN-2027
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 01-FEB-2026 TO
31-JAN-2027
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 01-FEB-2027 TO
31-JAN-2028
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 01-FEB-2027 TO
31-JAN-2028
N/A (SAME AS PREVIOUS LOCATION)
0009 POP 01-FEB-2028 TO
31-JAN-2029
N/A (SAME AS PREVIOUS LOCATION)
0010 POP 01-FEB-2028 TO
31-JAN-2029
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
JUN 2020
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
NOV 2021
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-3 Hazardous Material Identification And Material Safety Data FEB 2021 52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014 52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013 52.229-12 Tax on Certain Foreign Procurements FEB 2021 52.232-18 Availability Of Funds APR 1984 52.232-19 Availability Of Funds For The Next Fiscal Year APR 1984 52.232-37 Multiple Payment Arrangements MAY 1999
52.233-1 Disputes MAY 2014 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
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 DEC 2022 252.203-7003 Agency Office of the Inspector General AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Contract Line or Subline Items Not Separately
Priced
APR 2020
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors JAN 2023 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
JAN 2023
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
JAN 2023
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
JAN 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders JUN 2023 252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022 252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JAN 2023 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7041 Correspondence in English JUN 1997 252.225-7042 Authorization to Perform APR 2003 252.225-7048 Export-Controlled Items JUN 2013 252.225-7055 Representation Regarding Business Operations with the
Maduro Regime
MAY 2022
252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime
JAN 2023
252.225-7976 (Dev) Contractor Personnel Performing in Japan. (DEVIATION 2018-O0019)
AUG 2018
252.227-7015 Technical Data--Commercial Products and Commercial Services
MAR 2023
252.229-7001 Tax Relief APR 2020 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7007 Limitation Of Government's Obligation APR 2014 252.232-7008 Assignment of Claims (Overseas) JUN 1997 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JAN 2023
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022
252.244-7000 Subcontracts for Commercial Products or Commercial Services
JAN 2023
252.246-7003 Notification of Potential Safety Issues JAN 2023 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for
Military Operations
OCT 2010
252.247-7022 Representation of Extent of Transportation by Sea JUN 2019 252.247-7023 Transportation of Supplies by Sea JAN 2023
CLAUSES INCORPORATED BY FULL TEXT
52.216-18 ORDERING. (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 February 2024 through 31 January 2029.
(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when--
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either--
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of clause)
52.216-19 ORDER LIMITATIONS (OCT 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than JPY100,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor -
(1) Any order for a single item in excess of JPY25,000,000;
(2) Any order for a combination of items in excess of JPY25,000,000; or
(3) A series of orders from the same ordering office within five (5) days that together call for quantities exceeding the limitation in paragraph (b) (1) or (2) of this section.
(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within five (5) days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the contract completion date specified in each task order.
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 30 calendar days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 calendar 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 60 months.
52.223-22 PUBLIC DISCLOSURE OF GREENHOUSE GAS EMISSIONS AND REDUCTION GOALS--
REPRESENTATION (DEC 2016)
(a) This representation shall be completed if the Offeror received $7.5 million or more in Federal contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year.
(b) Representation. [Offeror is to check applicable blocks in paragraphs (b)(1) and (2).]
(1) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose greenhouse gas emissions, i.e., make available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.
(2) The Offeror (itself or through its immediate owner or highest-level owner) [ ___ ] does, [ ___ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly available Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage.
(3) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program.
(c) If the Offeror checked ``does'' in paragraphs (b)(1) or (b)(2) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:
(End of provision)
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 this/these address(es):
Federal Acquisition Regulation (FAR):
https://www.acquisition.gov/browse/index/far
Defense Federal Acquisition Regulation Supplement (DFARS):
https://www.acquisition.gov/dfars
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Department of Defense Federal Acquisition Regulation Supplement (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
252.204-7006 BILLING INSTRUCTIONS—COST VOUCHERS (MAY 2023)
When submitting a request for payment using a cost voucher, the Contractor shall--
(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and
(b) Separately identify a payment amount for each contract line item included in the payment request.
252.204-7017 PROHIBITION ON THE ACQUISITION OF COVERED DEFENSE TELECOMMUNICATIONS
EQUIPMENT OR SERVICES--REPRESENTATION (MAY 2021)
The Offeror is not required to complete the representation in this provision if the Offeror has represented in the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation, that it “does not provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.”
(a) Definitions. Covered defense telecommunications equipment or services, covered mission, critical technology, and substantial or essential component, as used in this provision, have the meanings given in the 252.204-7018 clause, Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services, of this solicitation.
(b) Prohibition. Section 1656 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91) prohibits agencies from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities that are excluded when providing any equipment, system, or service to carry out covered missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless a waiver is granted.
(d) Representation. If in its annual representations and certifications in SAM the Offeror has represented in paragraph (c) of the provision at 252.204-7016, Covered Defense Telecommunications Equipment or Services-- Representation, that it “does” provide covered defense telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument, then the Offeror shall complete the following additional representation:
The Offeror represents that it [ ] will [ ] will not provide covered defense telecommunications equipment or services as a part of its offered products or services to DoD in the performance of any award resulting from this solicitation.
(e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will provide covered defense telecommunications equipment or services,” the Offeror shall provide the following information as part of the offer:
(1) A description of all covered defense telecommunications equipment and services offered (include brand or manufacturer; product, such as model number, original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable).
(2) An explanation of the proposed use of covered defense telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition referenced in paragraph (b) of this provision.
(3) For services, the entity providing the covered defense telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known).
(4) For equipment, the entity that produced or provided the covered defense telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known).
(End of provision)
252.225-7043 ANTITERRORISM/FORCE PROTECTION POLICY FOR DEFENSE CONTRACTORS
OUTSIDE THE UNITED STATES (JUN 2015)
(a) Definition. United States, as used in this clause, means, the 50 States, the District of Columbia, and outlying areas.
(b) Except as provided in paragraph (c) of this clause, the Contractor and its subcontractors, if performing or traveling outside the United States under this contract, shall--
(1) Affiliate with the Overseas Security Advisory Council, if the Contractor or subcontractor is a U.S. entity;
(2) Ensure that Contractor and subcontractor personnel who are U.S. nationals and are in-country on a non-transitory basis, register with the U.S. Embassy, and that Contractor and subcontractor personnel who are third country nationals comply with any security related requirements of the Embassy of their nationality;
(3) Provide, to Contractor and subcontractor personnel, antiterrorism/force protection awareness information commensurate with that which the Department of Defense (DoD) provides to its military and civilian personnel and their families, to the extent such information can be made available prior to travel outside the United States; and
(4) Obtain and comply with the most current antiterrorism/force protection guidance for Contractor and subcontractor personnel.
(c) The requirements of this clause do not apply to any subcontractor that is--
(1) A foreign government;
(2) A representative of a foreign government; or
(3) A foreign corporation wholly owned by a foreign government.
(d) Information and guidance pertaining to DoD antiterrorism/force protection can be obtained from [Naval Criminal Investigative Service (NCIS), Code 21; telephone, DSN 288-9077 or commercial (202) 433-9077].
252.225-7060 PROHIBITION ON CERTAIN PROCUREMENTS FROM THE XINJIANG UYGHUR
AUTONOMOUS REGION (JUN 2023)
(a) Definitions. As used in this clause--
Forced labor means any work or service that is exacted from any person under the menace of any penalty for nonperformance and that the worker does not offer to perform (10 U.S.C. 2496).
XUAR means the Xinjiang Uyghur Autonomous Region of the People's Republic of China (10 U.S.C. 2496).
(b) Prohibition. In accordance with 10 U.S.C. 4661, none of the funds appropriated or otherwise made available for DoD may be used to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from XUAR or from an entity that has used labor from within or transferred from XUAR. The Contractor shall make a good faith effort to determine that forced labor from XUAR will not be used in the performance of this contract (section 855, Pub. L. 117-263).
(c) Subcontracts. The Contractor shall insert this clause, including this paragraph (c), without alteration other than to identify the appropriate parties, in subcontracts including subcontracts for commercial products, commercial services, and commercially available off-the-shelf items.
252.229-7014 FULL EXEMPTION FROM TWO-PERCENT EXCISE TAX ON CERTAIN FOREIGN
PROCUREMENTS (OCT 2022)
(a) As the Contractor represented in its offer, any item, including any item delivered under subcontract; any service;
or any combination thereof delivered under this contract is fully exempt from the 2-percent excise tax withholding imposed by 26 U.S.C. 5000C and implemented by Federal Acquisition Regulation (FAR) 52.229-12, Tax on Certain Foreign Procurements.
(b) If the full exemption no longer applies due to a change in circumstances during the performance of the contract, causing the Contractor to become subject to the withholding for the 2-percent excise tax as imposed by 26 U.S.C.
5000C, then the Contractor shall immediately comply with the notification and billing requirements of FAR clause 52.229-12.
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(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:
<TO BE IDENTIFIED AT TIME OF AWARD>
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
Navy Construction Invoice/Facilities Management Invoice (NAVCON)
(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.
(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.
(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 financing, submit a commercial financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[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*
<TO BE IDENTIFIED AT TIME OF AWARD>
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC ____
Issue By DoDAAC ____
Admin DoDAAC** ____
Inspect By DoDAAC ____
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) ____
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(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.
<TO BE IDENTIFIED AT TIME OF AWARD>
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
52.212-4 Contract Terms and Conditions--Commercial Products and
Commercial Services
DEC 2022
LOCAL CLAUSES
ADDITIONAL CONTRACT INFORMATION
1. NON-RECURRING WORK CONTRACT LINE ITEM QUANTITIES
a. Delivery or performance shall be made only as authorized by orders issued in accordance with FAR52.216-
19. Issuance of orders orally, by facsimile, or by electronic commerce methods (i.e., email, DoD FedMall, GCPC, Task Orders) are authorized. Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule and any accompanying exhibits up to the contract stated maximum.
b. Any unused estimated amount under the Non-Recurring Work from the current year may be carried over to the next Option year via issuance of a bilateral modification prior to the exercise of the next Option year, so long as the total estimated contract maximum value price for all years is not exceeded. ELIN and Sub ELIN rates for the unused capacity carried over to the next option will be consistent with the succeeding option’s rate.
c. The Order Limitations apply only to the Non-Recurring Work CLINs. There are no Order Limitations for the Recurring Work CLINs since the Government intends to issue a single task order each year for the full price of that year’s Recurring Work CLIN.
2. PERFORMANCE EVALUATION & ACCEPTANCE
a. PERFORMANCE MEASURES: The Contractor shall establish and maintain an inspection and surveillance system in accordance with the Performance Work Statement Section 0200000, paragraph
2.6.9.2 “Quality Inspection & Surveillance”, to ensure that the work performed conforms to the contract requirements. The Contractor shall document and maintain a file of all scheduled and performed inspections and surveillances, inspection and surveillance results, and dates and details of corrective and preventative actions. The quality inspection and surveillance file shall be the property of the Government and made available during the Government’s regular working hours. The file shall be turned over to the KO within five (5) calendar days of termination of the contract.
The Performance Requirements Summary Matrix at Section 1502000 – Facility Investment of the Performance Work Statement specifies the performance standards. The Government shall use these standards to determine contractor performance and shall compare contractor performance to the Acceptable Quality Level (AQL). Additionally the COR will request help from customers to perform quarterly evaluation and submit ICE comments for unacceptable observed performance that has to be addressed by the KO/COR. The COR, with assistance from the Performance Assessment Representatives (PARs), shall be responsible for monitoring the contractor’s performance in meeting a specific performance standard/AQL.
b. PERFORMANCE EVALUATION MEETING: As directed by the Contracting Officer, the Contractor may be required to meet with the Government’s representative monthly during the first two months of the contract. Thereafter, meetings will be as often as necessary at the discretion of the Contracting Officer. A mutual effort will be made to resolve all problems identified. The written minutes of these meetings, prepared by the Government, shall be signed by the Contractor’s representative and the Government’s representative. Should the Contractor not concur with the minutes, the Contractor shall state, in writing, to the Contracting Officer any areas of disagreement within five (5) calendar days.
c. PERFORMANCE EVALUATION: Contractor’s performance will be evaluated in accordance with the performance standards identified within the Performance Work Statement (PWS). The evaluation will use the respective contractor performance evaluation report entry system located on the website http://www.cpars.gov/. Prior to commencement of work the contractor is required to provide the government with the name, phone number and e-mail address of the “Contractor’s Representative” that will be responsible for receipt and review of draft performance evaluations prepared by the government in the appropriate system. It is the contractor’s responsibility to keep this contact information current. After contractor performance evaluation is prepared and completed it will be on the website. The Contractor will be afforded an opportunity to comment on each evaluation performed when the Government uses CPARs.
The Contractor has 30 calendar days to submit written comments on unsatisfactory ratings. Completed CPARs will be use by contract specialist and source selection officials when considering contractors for award of new contracts. On-line training for contractor personnel is available on the website.
d. ACCEPTANCE: The performance and quality of work delivered by the contractor, including services rendered and any documentation will be evaluated in accordance with FAR 52.212-4 (a) and contract specific performance standards. The contractor shall establish and maintain an inspection system as described in Section 0200000, Paragraph 2.6.9.2, Quality Inspection and Surveillance. Performance Assessment Representative and Contracting Officer’s Representative will be monitoring the contractor’s performance.
3. TECHNICAL DIRECTION
a. The Contracting Officer’s Representative (COR) for this contract will be designated prior to contract award. As provided by the contract provision, “CONTRACTING OFFICER’S REPRESENTATIVE”, performance of work under this contract is subject to the written technical direction of the COR, who shall be specifically appointed by the Contracting Officer via Joint Appointment Module (JAM). “Technical Direction” means a directive to the Contractor that approves approaches, solutions, or refinements; fills in details or otherwise completes the general description of the work or documentation items; shifts emphasis among work areas or tasks; or furnishes similar instructions to the Contractor.
b. The COR does not have the authority to, and shall not, issue any instruction purporting to be technical direction which:
(1) Constitutes an assignment of additional work outside the PWS;
(2) Constitutes a change as defined in the Changes clause;
(3) In any manner causes an increase or decrease in the total estimated cost or the time required for contract performance;
(4) Changes any of the expressed terms, conditions, or specifications of the contract;
(5) Interferes with the Contractor’s rights to perform the terms and conditions of the…
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