N4044323Q0068_Provisions and Clauses.xlsx
XLSX spreadsheet 33 KB Posted
- Attached to
- USNS HARVEY MILK SSDG Continuing Repairs Federal contract opportunity
- Solicitation number
- N4044323Q0068
About this file
This document provides the provisions and clauses for solicitation number N4044323Q0068 from the Department of the Navy Military Sealift Command for continuing repairs to the USNS HARVEY MILK SSDG. Key details include that the solicitation involves material and service requirements including ship repairs and access, wage determinations, and reporting of contractor labor hours. Additional requirements encompass duty free entry requests, brand name parts cautions, and exclusions of standard commercial terms and conditions in any quotes submitted. The solicitation incorporates various Federal Acquisition Regulation clauses on areas such as contracting with debarred entities, human trafficking, and whistleblower protections.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| N4044323Q068 Amend. 001_Combined Synopsis.pdf | ||
| N4044323Q068_Combined Synopsis.docx | DOCX document | |
| WI-0304_A_SSDG Continuing Repairs.doc | DOC document | |
| SR00055697 HARVEY MILK GENERATOR BEARING INSPECTION SERVICE REPORT.pdf | ||
| 0304_A_SSDG Continuing Repairs Sole Source Justification_redacted.pdf |
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Text version
SAP_CURRENT
| Clause No. /Located at 48 CFR: | Title |
| MSC SPECIFIC WAWF | MSC SPECIFIC WAWF Instructions (Aug 2012) |
| MSC Base Ship | SHIP & BASE ACCESS (DEC 2017) |
| MSC ECMRA | Enterprise-wide Contractor Manpower Reporting Application (ECMRA) |
| 52.252-6 | Authorized Deviations in Clauses |
| 52.252-5 | Authorized Deviations In Provisions |
| 52.247-34 | F.o.b. Destination (Nov 1991) |
| 52.243-1 Alt II | Changes—Fixed-Price (AUG 1987) |
| 52.237-2 | Protection of Government Buildings, Equipment, and Vegetation |
| 52.232-40 | Providing Accelerated Payments to Small Business Subcontractors |
| 52.232-39 | Unenforceability of Unauthorized Obligations |
| 52.212-5* | Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Products and Commercial Services |
| 52.212-4 | Contract Terms and Conditions -- Commercial Products and Commercial Services |
| 52.212-3 Alt I | Offeror Representations and Certifications—Commercial Products and Commercial Services--Alternate I |
| 52.204-7 | System for Award Management |
| 52.204-24 | Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment |
| 52.204-18 | Commercial and Government Entity Code Maintenance |
| 52.204-16 | Commercial and Government Entity Code Reporting |
| 52.204-13 | System for Award Management Maintenance |
| 52.203-18 | Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation |
| 252.247-7023 | Transportation of Supplies by Sea--Basic |
| 252.246-7003 | Notification of Potential Safety Issues |
| 252.244-7000 | Subcontracts for Commercial Items |
| 252.237-7010 | Prohibition on Interrogation of Detainees by Contractor Personnel |
| 252.232-7017 | Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration |
| 252.232-7010 | LEVIES ON CONTRACT PAYMENTS |
| 252.232-7006 | WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS |
| 252.232-7003 | Electronic Submission of Payment Requests and Receiving Reports |
| 252.225-7048 | Export Controlled Items |
| 252.223-7008 | Prohibition of Hexavalent Chromium |
| 252.213-7000 | Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations. |
| 252.211-7008 | Use of Government-Assigned Serial Numbers |
| 252.209-7010 | Critical Safety Items |
| 252.204-7017 | Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation |
| 252.204-7012 | Safeguarding Covered Defense Information and Cyber Incident Reporting |
| 252.204-7008 | Compliance with Safeguarding Covered Defense Information Controls |
| 252.204-7003 | Control of Government Personnel Work Product |
| 252.203-7002 | Requirement to Inform Employees of Whistleblower Rights |
| 252.203-7000 | Requirements Relating to Compensation of Former DOD Officials |
| 38 | 38 |
&P of &N
Elements of FAR 52.212-5
| Clause No. /Located at 48 CFR: | Title |
| 52.232-34 | Payment by Electronic Funds Transfer—Other than System for Award Management |
| 52.232-33 | Payment by Electronic Funds Transfer—System for Award Management |
| 52.225-13 | Restrictions on Certain Foreign Purchases |
| 52.223-18 | Encouraging Contractor Policies to Ban Text Messaging While Driving |
| 52.222-62 | Paid Sick Leave Under Executive Order 13706 |
| 52.222-55 | Minimum Wages Under Executive Order 13658 |
| 52.222-53 | Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements |
| 52.222-51 | Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements |
| 52.222-50 | Combating Trafficking in Persons |
| 52.222-42 | Statement of Equivalent Rates for Federal Hires |
| 52.222-41 | Service Contract Labor Standards |
| 52.222-3 | Convict Labor |
| 52.222-26 | Equal Opportunity |
| 52.222-21 | Prohibition of Segregated Facilities |
| 52.219-28 | Post-Award Small Business Program Rerepresentation |
| 52.219-16 | Liquidated Damages - Subcontracting Plan |
| 52.209-6 | Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment |
| 52.204-27 | Prohibition on a ByteDance Covered Application |
| 52.204-10 | Reporting Executive Compensation and First-Tier Subcontract Awards |
| 38 | 38 |
Archive
| Contract Award Clauses for Under the SAT (<$150k) | ||||
| Last Updated – 07 Oct 2014 | ||||
| Clause No. | Clause Title | IBR or Full Text | Notes | Prescription |
| Contract Terms and Conditions -- Commercial | ||||
| 52.212-4 | Items (Jul 2013) | IBR | 12.301(b)(3) | |
| 52.222-99 | Establishing a Minimum Wage for contractor (Deviation) | IBR | SERVICE If contract is to include 52.222-41 AND work is to be performed in whole or in part in the US | |
| 52.232-18 | Availability of Funds (Apr 1984) | IBR | 32.706-1(a) | |
| 52.232-39 | Unenforceability of Unauthorized Obligations | IBR | 32.706-3 | |
| (Jun 2013) | ||||
| Protection of Government Buildings, | ||||
| 52.237-2 | Equipment, and Vegetation (Apr 1984) | IBR | SERVICE(S) performed on Gov. installations | 37.110(b) |
| 52.245-1 | Government Property (Apr 2012) | IBR | If Government property will be furnished | 45.107(b) |
| 52.245-9 | Use and Charges (Apr 2012) | IBR | If 52.245-1 is included | 45.107(c) |
| 52.247-29 | F.o.b. Origin (Feb 2006) | IBR | MATERIAL(S) - Government Responsible | 47.303-1 (c) |
| 52.247-34 | F.o.b. Destination (Nov 1991) | IBR | MATERIAL(S) - Vendor Responsible | 47.303-6(c) |
| Requirements Relating to Compensation of | ||||
| 252.203-7000 | Former DOD Officials (Sep 2011) | IBR | 203.171-4 | |
| Requirement to Inform Employees of | ||||
| 252.203-7002 | Whistleblower Rights (Jan 2009) | IBR | 203.97 | |
| 252.204-7000 | Disclosure of Information (Aug 2013) | IBR | When KT R will have access to Unclassified information that may be sensitive | 204.404-70(a) |
| Control of Government Personnel Work Product | ||||
| 252.204-7003 | (Apr 1992) | IBR | 204.404-70(b) | |
| Alternative Line Item Structure (Sep 2011) | ||||
| 252.204-7011 | IBR | 204.7109(b) | ||
| Safeguarding of Unclassified Controlled | ||||
| 252.204-7012 | Technical Information | IBR | 204.7302 | |
| 252.211-7003 | Item Identification and Validation (Jun 2013) | |||
| IBR | MAT ERIAL(S) | 211.274-6(a)(1) | ||
| 252.223-7008 | Prohibition of Hexavalent Chromium (Jun 2013) | IBR | Supplies or maintenance and repair services | 223.7306 |
| Buy American And Balance of Payments | ||||
| 252.225-7001 | Program (Dec 2012) | IBR | MAT ERIAL(S) | 225.1101(2)(i) |
| Qualifying Country Sources as Subcontractors | ||||
| 252.225-7002 | (Dec 2012) | IBR | Include if 252.225-7001 is included | 225.1101(3) |
| MATERIAL(S) that will enter the customs territory of the US. See DFARS Subpart | ||||
| 252.225-7013 | Duty-Free Entry (Jun 2012) | IBR | 225.9 and Duty-Free Entry language in | 225.1101(4) |
| "MISC." section of Clause sheet. | ||||
| 252.225-7043 | Antiterrorism/Force Protection Policy for | IBR | If performance or travel outside of the US is required | 225.7403-2 |
| Defense Contractors Outside the US (Mar 2006) | ||||
| 252.225-7048 | Export Controlled Items (Jun 2013) | IBR | 225.7901-4 | |
| 252.225-7995 | Contractor Personnel Performing in the US Central Command Area of Responsibility (Deviation) | IBR | If performance is required in USCENTCOM area of responsibility. | |
| Electronic Submission of Payment Requests and Receiving Reports (Jun 2012) | ||||
| 252.232-7003 | IBR | 232.7004(a) | ||
| Prohibition on Interrogation of Detainees by | ||||
| 252.237-7010 | Contractor Personnel (Jun 2013) | IBR | All Services | 237.173-5 |
| 252.244-7000 | Subcontracts for Commercial Items (Jun 2013) | IBR | 244.403 | |
| MAT ERIAL(S) & SERVICE(S) – acquisition of (1) repairable or consumable parts identified as critical safety items; (2) systems and subsystems, assemblies, and subassemblies integral to a system; or (3) Repair, maintenance, logistics support, or overhaul services for systems and subsystems, | ||||
| assemblies, subassemblies, and parts integral to a system. | ||||
| Notification of Potential Safety Issues (Jun | ||||
| 252.246-7003 | 2013) | IBR | 246.371(a) | |
| 252.247-7023 | Transporation of Supplies by Sea (Jun 2013) | IBR | 247.574(b)(1) | |
| System for Award Management Maintenance | ||||
| 52.204-13 | (Jul 2013) | Full | 4.1105(b) | |
| Clause No. | Clause Title | IBR or Full Text | Notes | Prescription |
| Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (Aug 2013) | ||||
| 52.212-5* | Full | 12.301(b)(4) | ||
| *Elements of FAR 52.212-5 provided below: | ||||
| 52.222-50 Alt 1 | Combating Trafficking in Persons (Feb 2009) | IBR - 52.212-5 | If contract performance is outside the US | 22.1705(b) |
| Reporting Executive Compensation and First- Tier Subcontract Awards (Jul 2013) | ||||
| 52.204-10 | IBR - 52.212-5 | Contract Value T OTAL >$25k | 4.1403(a) | |
| Protecting the Government's Interest When Subcontracting with Contractor's Debarred, Suspended, or Proposed for Debarment (Dec | ||||
| 2010) | ||||
| 52.209-6 | IBR - 52.212-5 | Contract value TOTAL >$30k | 9.409 | |
| Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) | ||||
| 52.219-4 | IBR - 52.212-5 | If full and open competition is utilized(use if you dissolve set aside but not for sole source) | 19.1309(b) | |
| Notice of Total Small Business Set-Aside (Nov | Total Small Business Set-Aside (Not for Sole | |||
| 52.219-6 | 2011) | IBR - 52.212-5 | Source Acquisitions) | 19.508(c) |
| Contract to be performed in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands | ||||
| 52.219-28 | Post Award Small Business Program | IBR - 52.212-5 | 19.309(d) | |
| Representation (July 2013) | ||||
| Contract to be performed in the United States, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, or the U.S. Virgin Islands | ||||
| 52.222-3 | Convict Labor (June 2003) | IBR - 52.212-5 | 22.202 | |
| Child Labor--Cooperation with Authorities and | ||||
| 52.222-19 | Remedies (Mar 2012) | IBR - 52.212-5 | MATERIAL(S) | 22.1505(b) |
| 52.222-21 | Prohibition of Segregated Facilities (Feb 1999) | IBR - 52.212-5 | 22.810(a)(1) | |
| 52.222-26 | Equal Opportunity (Mar 2007) | IBR - 52.212-5 | 22.810(e) | |
| Contract Value T OTAL >$100k except when work is performed outside the US by employees recruited outside the US | ||||
| 52.222-35 | Equal Opportunity for Veterans (Sep 2010) | IBR - 52.212-5 | 22.1310(a)(1) | |
| Contract Value T OTAL >$15k except when both performance of the work and the recruitment of workers will occur outside the US, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and W ake Island | ||||
| 52.222-36 | Affirmative Action for Workers with Disabilites | IBR - 52.212-5 | 22.1408(a) | |
| (Oct 2010) | ||||
| 52.222-37 | Employment Reports on Veterans (Sep 2010) | IBR - 52.212-5 | Use with 52.222-35 | 22.1310(b) |
| Encouraging Contractor Policies to Ban Text | ||||
| 52.223-18 | Messaging While Driving (Aug 2011) | IBR - 52.212-5 | 23.1105 | |
| Restrictions on Certain Foreign Purchases | ||||
| 52.225-13 | (June 2008) | IBR - 52.212-5 | 25.1103(a) | |
| Payment by Electronic Funds Transfer--System for Award Management (Jul 2013) | ||||
| 52.232-33 | IBR - 52.212-5 | 32.1110(a)(1) | ||
| Preference for Privately Owned U.S.-Flag | ||||
| 52.247-64 | Commercial Vessels (Feb 2006) | IBR - 52.212-5 | 47.507(a) | |
| SERVICE(S) - Performed w/in US T erritories and >$2.5k | ||||
| 52.222-41 | Service Contract Act of 1965 (Nov 2007) | IBR - 52.212-5 | 22.1006(a) | |
| Statement of Equivalent Rates for Federal Hires | SERVICE(S) - Service Contract Act (SCA) is applicable and >$2.5k | |||
| 52.222-42 | (May 1989) | IBR - 52.212-5 | 22.1006(b) | |
| Insert: http://farsite.hill.af.mil/vffara.htm & | ||||
| 52.252-2 | Clauses Incorporated by Reference (Feb 1998) | Full | http://farsite.hill.af.mil/vfdfara.htm | 52.107(b) |
| Authorized Deviations in Clauses (Apr 1984) | If any deviations in clauses are included | |||
| 52.252-6 | Full | 52.107(f) | ||
| Reporting Government Furnished Property (Aug 2012) | If FAR 52.219-9 is included | |||
| 252.211-7007 | Full | 211.274-6(b) | ||
| WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (May 2013) | Insert required information per MSC WAWF Instructions | |||
| 252.232-7006 | Full | 232.7004(b) | ||
| 252.225-7047 | Exports by Approved Community Members in Performance of the Contract (Jun 2013) | Full | ||
| 252.225-7048 | Export-Controlled Items (Jun 2013) | Full | ||
| 252.232-7010 | LEVIES ON CONTRACT PAYMENTS (Dec 2006) | Full | 232.7102 | |
| Clause No. | Clause Title | IBR or Full Text | Notes | Prescription |
| MSC SPECIFIC WAWF | ||||
| MSC SPECIFIC WAWF Instructions (Aug 2012) | Full | |||
| MAT ERIAL(S) - Brand Name Items/Parts (BNSS/BNLS Requirements) | ||||
| BRAND NAME ONLY | CAUTION - BRAND NAME ONLY (Apr 2013) | Full | ||
| MSC SHIP TO | MSC DELIVERY INSTRUCTIONS | Full | MAT ERIAL(S) - Insert Ship Name and REQ # | |
| MSC Norfolk | WOOD PACKAGING MATERIAL-Additional Inst | Full | MAT ERIAL(S) | |
| (May 2010) | ||||
| MSC Base Ship EPIC | MSC Base Ship EPIC Access (April 2013) | Full | MAT ERIAL(S) & SERVICE(S) | |
| MISC. | ||||
| MATERIAL(S) and SERVICE(S) - Add Text the following: "Offers/quotes submitted in response to this solicitation shall not contain nor be subject to the offeror's/vendor's standard commercial terms and conditions. Any offer/quote submitted in response to this solicitation which includes the offeror's/vendor's standard commercial terms and conditions may be considered a material defect and may be rejected as being non-responsive to the solicitation." | ||||
| MSC Terms and | ||||
| Conditions | ||||
| SERVICE(S) - Add Text the following: "The following wage determination, in accordance with the Service Contract Act of 1965, as amended, is hereby incorporated by reference into the contract and compliance with the same is mandatory: WD XX-XXXX (Rev. | ||||
| - XX) dtd XX/XX/XXXX" | ||||
| Wage Determination | ||||
| ~ADDITIONAL ACTION REQUIRED: Provide Wage Determination in an MS Word Document or PDF file format to the Successful Quoter when distributing the Purchase Order, i.e. provide document as a separate email attachment. | ||||
| SERVICE(S) - Per Contracting Alert 13-24, include the below standard language in the Statement of Work for a SOR. | ||||
| "The contractor shall report contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the Military Sealift Command via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are: | ||||
| (1) W, Lease/Rental of Equipment; (2) X, Lease/Rental of Facilities; | ||||
| (3) Y, Construction of Structures and Facilities; (4) S, Utilities ONLY; and | ||||
| (5) V, Freight and Shipping ONLY. | ||||
| Enterprise- Wide | ||||
| Contractor | The contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil | |||
| Manpower Reporting | ||||
| Application (ECMRA) | Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October | |||
| 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil." | ||||
| MATERIAL(S) - Add Text the following: "In accordance with DFARS 252.225-7013, this material requires duty free entry into the US. Contractor is to initiate the entitlement request via Defense Contract Management Agency's (DCMA) Duty Free Entitlement (DFE) 1.5 website: http://ww w.dcma.mil/aboutetools.cfm. If you require assistance, please contact the DCMA helpdesk at 1-888- | ||||
| 576-DCMA (3262). This purchase order will not be modified to reimburse the contractor for any customs fees incurred for failure to request duty free entry via this program." | ||||
| Duty-Free Entry |
Data
| GFP | service_material |
| Yes | Service |
| No | Both |
| NA | Dependant |
| Material |
References
| Item | Hyperlink | Comments |
| FAR Matrix | FAR Matrix | Located @ acquisition.gov |
| Acquisition.Gov Website | Acquisition.Gov | Governing Source for FAR, DFARS, etc. |
https://acquisition.gov/far-smart-matrix?hide-show-all=1&field_ibr=1&field_ucf=1&field_fixed_price_supply=1&field_cost_reimbursement_supply=1&field_fixed_price_research_devel=1&field_cost_reimbursement_researc=1&field_fixed_price_service=1&field_cost_reimhttp://acquisition.gov/
File details come from the government source that posted it. Updated .