N6274218R3600.pdf
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- Solicitation number
- N6274218R3600
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This pre-solicitation synopsis announces a forthcoming solicitation for base operations support services including housing operations and maintenance, and change of occupancy maintenance services for various military installations in Guam. The services will be for family and unaccompanied housing units and facilities. The acquisition will result in a single-award combination firm-fixed-price and indefinite delivery indefinite quantity contract with a period of performance consisting of a mobilization period, base period, and option periods not exceeding 66 months in total length. The solicitation will be issued on or around August 20, 2018 and will be available via the Navy Electronic Commerce Online portal. The acquisition will be conducted as an 8(a) small business set-aside limited to firms located within the SBA Hawaii District Office geographic scope. Evaluation factors will include past performance, safety, management plan/quality control, and technical approach.
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| N6274218R3600_Amendment_04.zip | ZIP file | |
| N6274218R3600_Amendment_03.zip | ZIP file | |
| N6274218R3600_Amendment_02.pdf | ||
| N6274218R3600_Amendment_0002_Files.zip | ZIP file | |
| N6274218R3600_N6274218R3600_Amendment_0002_Files.zip | ZIP file | |
| N6274218R3600_N6274218R3600_Amendment_02.pdf | ||
| N6274218R3600_Amendment_0001_Files.zip | ZIP file | |
| N6274218R3600_Amendment_0001.pdf | ||
| RFP_Sec_J_Attachments.zip | ZIP file | |
| N6274218R3600_N6272418R3600_Naval_Support_Activity_Andersen_FORMS.zip | ZIP file | |
| N6274218R3600_N6274218R3600_Naval_Base_Guam_FORMS.zip | ZIP file |
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CODE
(Hour)
PAGE(S)
until 01:00 PM local time 23 Oct 2018
X
A X B X C X D
EX
X
G F 53 - 60
61 - 73 X H 74 - 78 gavin.tsukamoto@navy.mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA FAR (48 CFR) 53.214(c)
1 78
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
N62742 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and * copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
*See Section L.6 conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
GAVIN TSUKAMOTO 808-471-4391
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 - 2 3 - 10
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
14 - 15
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 16 - 19 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 20 - 24 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
25 - 51
PART II - CONTRACT CLAUSES
NAVFAC PACIFIC
SERVICES CONTRACTS BRANCH (ACQ21)
258 MAKALAPA DR STE 100
JBPHH HI 96860-3134
HONOLULU HI 96860-3134
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
20 Aug 2018
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
N6274218R3600
Section A - Solicitation/Contract Form
SOLICITATION/CONTRACT FORM
Section A - Solicitation/Contract Form
SECTION A
A.1 GENERAL OVERVIEW OF GUAM HOUSING OPERATIONS AND MAINTENANCE SERVICES
(HOMS) AND CHANGE OF OCCUPANCY MAINTENANCE SERVICES (COMS) CONTRACT
This is a follow-on acquisition for services which are currently being satisfied under contract N40192-14-D-9000 for Housing Operations and Maintenance Services (HOMS) and Change of Occupancy Maintenance Services. The intention of this solicitation is to obtain Operations and Maintenance, Change of Occupancy Maintenance (COM), Facility Maintenance and Repair, Custodial, Chiller, and Pest Control Services for Family Housing (FH) and Unaccompanied Housing (UH) structures and facilities.
A.2 CONTRACT TYPE
This acquisition will be solicited as a competitive 8(a) procurement. This acquisition will result in an Indefinite Delivery, Indefinite Quantity (IDIQ) contract with recurring and non-recurring work. The term “recurring work” refers to the FFP portion of the contract, while “non-recurring work” refers to the IDIQ portion of the contract.
A.3 NAICS CODE
The NAICS code is 561210 Facilities Support Services. The size standard associated with NAICS 561210 is $38.5 Million. This industry comprises establishments primarily engaged in providing operating staff to perform a combination of support services within a client's facilities. Establishments in this industry typically provide a combination of services, such as janitorial; maintenance; trash disposal; guard and security; mail routing; reception;
laundry; and related services to support operations within facilities. These establishments provide operating staff to carry out these support activities; but, are not involved with or responsible for the core business or activities of the client. Establishments providing facilities (except computer and/or data processing) operation support services and establishments operating correctional facilities (i.e., jails) on a contract or fee basis are included in this industry.
Section B - Supplies or Services and Prices
SUPPLIES/SERVICES OR PRICES
Section B - Supplies or Services and Prices
SECTION B
B.1 CONTRACT LINE ITEMS (CLINS), SUBCONTRACT LINE ITEMS (SLINS) AND EXHIBIT LINE ITEMS
(ELINS)
a. Offerors shall enter amounts for CLINs and ELINs as indicated in the schedules and any accompanying exhibits (see Section J).
b. In the event there is a difference between a unit price and the computed total amount, the unit price will be held to be the intended offer and the total of the CLINs and ELINs will be recomputed accordingly. If the offeror provides a total amount for a CLIN or ELIN but fails to enter the unit price, the total amount divided by the CLIN or ELIN quantity will be held to be in the intended unit price.
c. ELINs are included in Exhibits A through F, Section J. Pricing should be prepared for, Base Period, four
(4) Option Periods, Demobilization, and Extension of Services.
B.2 MAXIMUM NOT TO EXCEED (NTE) AND MINIMUM GUARANTEE
The maximum or NTE value of an ordering period is the total of all the CLINs in that ordering period. The maximum for any ordering period shall not be exceeded except as may be provided for by formal modification to the contract. Circumstances may change after award such that the Government may need to issue orders which exceed the estimated quantity set forth for any particular CLIN during an ordering period, but will not exceed the maximum value for that ordering period. In this case, the Contractor may agree by signing the task order or starting performance.
Concurrently with the award of the basic contract, the Government intends to issue a task order to obligate the contract minimum guarantee for:
CLIN 0001, Mobilization and Base Period recurring work
Minimum guarantees do not apply to the option periods.
FIRM-FIXED-PRICE INDEFINITE DELIVERY - INDEFINITE QUANTITY SUMMARY
CLIN Period Total
0001 Mobilization Firm-Fixed-Price
Base Period Firm-Fixed-Price Recurring Work
0002 Base Period IDIQ Work
0003 First Option Period Firm-Fixed-Price Recurring Work
0004 First Option Period IDIQ Work
0005 Second Option Period Firm-Fixed-Price Recurring Work 0006 Second Option Period IDIQ Work
0007 Third Option Period Firm-Fixed-Price Recurring Work 0008 Third Option Period IDIQ Work
0009 Fourth Option Period Firm-Fixed-Price Recurring Work
Demobilization Firm-Fixed-Price
0010 Fourth Option Period IDIQ Work
0011 Extension of Services Option Firm-Fixed-Price Recurring Work 0012 Extension of Services Option IDIQ Work
Grand Total (CLIN 0001 – 0012)
Firm-Fixed-Price Recurring Work
IDIQ Work
Grand Total
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 1 Each
MOBILIZATION AND BASE PERIOD
FFP
MOBILIZATION - Firm-Fixed-Price In accordance with Section J, Exhibit A, ELINS A001 through A013 Period of Performance 01 August 2019 - 30 September 2019
BASE PERIOD - Firm-Fixed-Price Recurring Work In accordance with Section J, Exhibit A, ELINS A014 through A026 Period of Performance 01 October 2019 - 31 July 2020 FOB: Destination
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0002 1 Each
BASE PERIOD IDIQ
FFP
Base Period - Non-Recurring (Indefinite Delivery - Indefinite Quantity) Work In accordance with Section J, Exhibit A, ELINS A027 through A033
UNIT UNIT PRICE MAX AMOUNT
0003 1 Each
OPTION FIRST OPTION PERIOD
FFP
Firm-Fixed-Price Recurring Work In accordance with Section J, Exhibit B, ELINS B014 through B026
UNIT UNIT PRICE MAX AMOUNT
0004 1 Each
OPTION FIRST OPTION PERIOD IDIQ
FFP
Non-Recurring (Indefinite Delivery - Indefinite Quantity) Work In accordance with Section J, Exhibit B, ELINS B027 through B033
UNIT UNIT PRICE MAX AMOUNT
0005 1 Each
OPTION SECOND OPTION PERIOD
FFP
Firm-Fixed-Price Recurring Work In accordance with Section J, Exhibit C, ELINS C014 through C026
UNIT UNIT PRICE MAX AMOUNT
0006 1 Each
OPTION SECOND OPTION PERIOD IDIQ
FFP
Non-Recurring (Indefinite Delivery - Indefinite Quantity) Work In accordance with Section J, Exhibit C, ELINS C027 through C033
UNIT UNIT PRICE MAX AMOUNT
0007 1 Each
OPTION THIRD OPTION PERIOD
FFP
Firm-Fixed-Price Recurring Work In accordance with Section J, Exhibit D, ELINS D014 through C026
UNIT UNIT PRICE MAX AMOUNT
0008 1 Each
OPTION THIRD OPTION PERIOD IDIQ
FFP
Non-Recurring (Indefinite Delivery - Indefinite Quantity) Work In accordance with Section J, Exhibit D, ELINS D027 through D033
UNIT UNIT PRICE MAX AMOUNT
0009 1 Each
OPTION FOURTH OPTION PERIOD AND DEMOBILIZATION
FFP
FOURTH OPTION PERIOD - Firm-Fixed-Price Recurring Work In accordance with Section J, Exhibit E, ELINS E014 through E026 Period of Performance 01 August 2023 - 30 June 2024
DEMOBILIZATION - Firm-Fixed-Price In accordance with Section J, Exhibit E, ELINS E001 through E013 Period of Performance 01 July 2024 - 31 July 2024
UNIT UNIT PRICE MAX AMOUNT
0010 1 Each
OPTION FOURTH OPTION PERIOD IDIQ
FFP
DEMOBILIZATION - Non-Recurring (Indefinite Delivery - Indefinite Quantity) Work In accordance with Section J, Exhibit E, ELINS E027 through E033
UNIT UNIT PRICE MAX AMOUNT
0011 1 Each
OPTION EXTENSION OF SERVICES
FFP
Firm-Fixed-Price Recurring Work In accordance with Section J, Exhibit F, ELINS F014 through F026 Total extension of performance shall not exceed 6 months
UNIT UNIT PRICE MAX AMOUNT
0012 1 Each
OPTION EXTENSION OF SERVICES IDIQ
FFP
Non-Recurring (Indefinite Delivery - Indefinite Quantity) Work In accordance with Section J, Exhibit F, ELINS F027 through F033 Total extension of performance shall not exceed 6 months
Section C - Descriptions and Specifications
DESCRIPTIONS AND SPECIFICATION
Section C - Descriptions and Specifications
SECTION C
C.1 DESCRIPTION OF WORK
The outcomes to be achieved are for the Contractor to provide all management, supervision, quality control, labor, tools, equipment, material, supplies, incidental engineering, and transportation necessary to provide operations and maintenance and change of occupancy maintenance services for family and unaccompanied housing units and facilities on Andersen Air Force Base for 36th Civil Engineering Squadron Housing and Naval Base Guam for Naval Base Guam Housing. Work is inclusive of operations, repair services, maintenance and change of occupancy maintenance in both vacant and occupied units.
Joint Region Marianas’ (JRM) primary mission is to provide quality service to U.S. and Allied forces for operations, logistics, and training in the Marianas. BOS services are essential to the maintenance and operation of Guam. The BOS services will include the following Annexes/Sub-Annexes, as well as minor construction (See PWS Annex 1502000):
Annex Title 0100000 General Information 0200000 Management and Administration 1401000 Family Housing (NBG/AAFB) 1402000 Unaccompanied Housing (NBG/AAFB) 1502000 Facility Investment (NBG/AAFB) 1503010 Custodial (NBG/AAFB) 1503020 Pest Control (NBG/AAFB) 1601000 Chiller Unit (AAFB)
PWS Format
Specification (Spec) Item 1 (General Information) – Non-cost information unique to the understanding of the technical requirements of this functional area.
Spec Item 2 (Management and Administration) – Management and administration requirements unique to the planning, execution, management, and administration of the performance requirements of this spec.
Spec Item 3 (Firm Fixed Price)
Spec Item 4 (IDIQ) – Indefinite Delivery/Indefinite Quantity (IDIQ) Work
Section D - Packaging and Marking
Section D - Packaging and Marking
SECTION D
D.1 PREPARATION FOR DELIVERY
(a) All material to be delivered hereunder shall be afforded the degree of packaging (preservation and packing) required to prevent deterioration and damages due to the hazards of shipment, handling and storage. Best commercial practice will be accepted.
(b) Preservation, packaging and packing shall be in accordance with ASTM Designation D3951-88, "Standard Practice for Commercial Packaging," current version.
D.2 PROHIBITED PACKING MATERIALS
The use of asbestos, excelsior, newspaper or shredded paper (all types including waxed paper, computer paper and similar hygroscopia or non-neutral material) is prohibited. In addition, loose fill polystyrene is prohibited for shipboard use.
D.3 STORAGE AND MARKING OF HAZARDOUS WASTE CONTAINERS
Hazardous waste shall be stored in approved container types or shall be properly identified in accordance with Section C, 40 CFR 263 and 40 CFR 264.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 N/A N/A N/A Government 0002 N/A N/A N/A Government 0003 N/A N/A N/A Government 0004 N/A N/A N/A Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 N/A N/A N/A Government 0008 N/A N/A N/A Government 0009 N/A N/A N/A Government 0010 N/A N/A N/A Government 0011 N/A N/A N/A Government 0012 N/A N/A N/A Government
CLAUSES INCORPORATED BY REFERENCE
52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984
Section F - Deliveries or Performance
DELIVERIES OR PERFORMANCE
Section F - Deliveries or Performance
SECTION F
F.1 TERM OF THE CONTRACT
This term of the contract includes a mobilization and demobilization period, the base period and all option periods.
The mobilization period will be for two (2) months commencing on the start date of the period of performance.
Immediately following will be the base period for ten (10) months. The three (3) option periods will be for twelve
(12) months each. Option period four (4) will be for eleven (11) months and the demobilization period will be for one (1) month. The Government has the option to extend the term of the contract in accordance with FAR 52.217-8, Option to Extend Services (NOV 1999) and FAR 52.217-9, Option to Extend the Term of the Contract (MAR 2002).
F.2 WORKING FILES
(a) This contract contains FAR 52.215-2 "Audit and Records – Negotiation," Section I. In addition to all information described in that clause, the Contractor shall maintain accurate working files on all work documentation including calculations, assumptions, interpretations of regulations, sources of information, and other raw data required in the performance of this contract. Such additional information involving transactions related to this contract shall also be subject to access and examination by the U.S. Comptroller General, or an authorized representative.
(b) In accordance with SECNAVINST 5212.10A, all documents are to be labeled and transferred to the Contracting Officer after final payment.
F.3 PLACE OF PERFORMANCE
The place of performance for this contract is Naval Base Guam and Andersen Air Force Base Guam, Joint Region Marianas, located on Guam. Guam, the largest and southernmost island of the Marianas archipelago, is the westernmost possession of the United States.
F.4 DELIVERABLES
The Deliverables are provided in Annex 0200000, Management & Administration, Section F.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-AUG-2019 TO
31-JUL-2020
N/A N/A
0002 POP 01-OCT-2019 TO
31-JUL-2020
0003 POP 01-AUG-2020 TO
31-JUL-2021
0004 POP 01-AUG-2020 TO
31-JUL-2021
0005 POP 01-AUG-2021 TO
31-JUL-2022
0006 POP 01-AUG-2021 TO
31-JUL-2022
0007 POP 01-AUG-2022 TO
31-JUL-2023
0008 POP 01-AUG-2022 TO
31-JUL-2023
0009 POP 01-AUG-2023 TO
31-JUL-2024
0010 POP 01-AUG-2023 TO
30-JUN-2024
0011 POP 01-AUG-2024 TO
31-JAN-2025
0012 POP 01-AUG-2024 TO
31-JAN-2025
52.211-16 Variation In Quantity APR 1984 52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991
Section G - Contract Administration Data
Section G - Contract Administration Data
G.1 TECHNICAL DIRECTION
(a) As provided by the contract provision, “CONTRACTING OFFICER’S REPRESENTATIVE (COR),” 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 in writing. “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 Statement of Work;
(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, or;
(5) Interferes with the Contractor’s rights to perform the terms and conditions of the contract, or;
(6) Authorizes the Contractor to incur costs in excess of the estimated cost or other limitations on cost or funds set forth in this contract.
(c) All technical direction shall be issued in writing by the COR.
(d) When, in the opinion of the Contractor, the COR or any other Government official other than the Contracting Officer, requests effort outside the existing scope of the contract, the Contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the Contractor under such direction until the Contracting Officer has issued a modification to the contract or has otherwise resolved the issue.
G.2 Contract Administration Data
(a) IDENTIFICATION OF PROCURING CONTRACTING OFFICER AND ADMINISTRATIVE
CONTRACTING OFFICER
The Procuring Contracting Officer (PCO) for this acquisition is:
Naval Facilities Engineering Command, Pacific 258 Makalapa Drive, Suite 100 (ACQ21) Pearl Harbor, HI 96860-3134
The Administrative Contracting Officer (ACO) for this acquisition is:
Naval Facilities Engineering Command, Marianas Facilities Support Contracts Division PSC 455, Box 195
FPO AP 96540-2937
Overall administration of the basic contract will be the responsibility of the ACO office. The PCO is responsible for the contract in its entirety and possesses complete authority to modify the terms of the basic contract. All correspondence for the basic contract shall be addressed to the PCO and shall include the contract number assigned.
(b) Contracting Officer’s Representative (COR) for this contract will be designated prior to contract award.
(c) Invoices will be submitted to:
Commanding Officer Naval Facilities Engineering Command, Marianas Facilities Support Contracts Division PSC 455, Box 195
FPO AP 96540-2937
(d) Note: Throughout NAVFAC policy, processes, and training, the term Performance Assessment Representative (PAR) refers to anyone responsible for conducting assessments of a NAVFAC administered Facility Support Contract. The term PAR will be used in reference to any individual assigned as a Technical Point of Contact/Subject Matter Experts (TPOC/SME) to provide support to the COR, including as a collateral duty of other PWD or customer personnel, regardless of billet. All personnel assigned these duties must follow the guidance and direction provided to PARs.
G.3 DFARS PGI Payment Procedures
(a) Payment Instructions Table:
https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/PGI204_71.htm#payment_instructions
G.4 CONTRACTING OFFICER AUTHORITY
(a) In no event shall any understanding or agreement between the Contractor and any Government employee other than the Contracting Officer on any contract, modification, change order, letter or verbal direction to the Contractor be effective or binding upon the Government. All such actions must be formalized by a proper contractual document executed by an appointed Contracting Officer. The Contractor is hereby put on notice that in the event a Government employee other than the Contracting Officer directs a change in the work to be performed or increases the scope of the work to be performed, it is the Contractor's responsibility to make inquiry of the Contracting Officer before making the deviation. Payments will not be made without being authorized by an appointed Contracting Officer with the legal authority to bind the Government.
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)
(a) Definitions. As used in this clause--
Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.
Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.
(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:
(1) Document type. The Contractor shall use the following document type(s).
Navy Construction/Facilities Management Invoice
(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.
N40192/FSC
(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 N68732 Issue By DoDAAC N40192 Admin DoDAAC N40192 Inspect By DoDAAC N40192/FSC Ship To Code N40192-FSC Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N40192/FSC Accept at Other DoDAAC N/A LPO DoDAAC N40192-FSC DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A
(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.
(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.
Not Applicable
(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.
Christopher Santos at christopher.santos@fe.navy.mil or (671) 349-2252
(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.
(End of clause)
Section H - Special Contract Requirements
SPECIAL CONTRACT REQUIREMENTS
Section H - Special Contract Requirements
SECTION H
H.1 INSTALLATION REGULATIONS
The Contractor shall ensure all Contractor and subcontractor employees become acquainted with and obey all Government installation regulations.
H.2 SECURITY REQUIREMENTS
(a) The Contractor and its subcontractors shall comply with all security requirements specified in the contract as well as all installation security requirements. Upon request, the Contractor shall submit the name and address of all personnel hired for work on this contract, and any completed questionnaires, and other forms as may be required for security clearances.
(b) Contractor and subcontractor employees shall not disclose or cause to be disseminated any information concerning the operations of the installation which could result in or increase the likelihood of the possibility of a breach of the installation's security or interrupt the continuity of its operations.
(c) Disclosure of information relating to the services hereunder to any person not entitled to receive it, or failure to safeguard any classified information that may come to the attention of the Contractor or any person under his control in connection with work under this contract, may subject the Contractor, his agents or employees to criminal liability under 18 U.S.C. Sec. 793, "Gathering, Transmitting, or Losing Defense Information," 18 U.S.C. Sec. 794 “Gathering or Delivering Defense Information to Aid Foreign Government” and 18 U.S.C. Sec. 798, "Disclosure of Classified Information."
(d) Deviations from or violations of any of the provisions of this contract requirement, in addition to all other criminal and civil remedies provided by law, may subject the Contractor to immediate termination for default and/or the withdrawal of the Government's acceptance and approval of employment of the individuals involved.
(e) Classified and/or politically sensitive material shall not be released without prior written consent of the Contracting Officer, or as expressly stated in the statement of work. In the event the Contractor requires access to classified information during performance, procedures prescribed by FAR 4.4 for safeguarding classified information shall apply.
H.3 NOTICE CONCERNING TERRITORY OF GUAM TAXES, LICENSES, AND TAX WITHHOLDINGS
(NOTE: This clause summarizes certain requirements of Guam Territorial Law. Any questions concerning applicability or interpretation should be directed to Government of Guam, Department of Revenue and Taxation.)
(a) All persons engaging in business in Guam must be licensed to do so by the Government of Guam prior to commencement of business in Guam. Engaging in business includes, but is not limited to, services provided by contractors. Applications for business licenses shall be made to the Department of Revenue and Taxation, License and Registration Branch.
(b) All corporations, domestic (created under the laws of Guam) or foreign (not created under the laws of Guam) must register with the Department of Revenue and Taxation, License and Registration Branch.
(c) Any person engaging in business on Guam must file monthly Business Privilege Tax returns with the Department of Revenue and Taxation.
(d) All corporations with the Guam source of funds must file income tax returns to the Department of Revenue and
Taxation on the prescribed forms.
(e) All employers must deposit wage withholdings from their employees to the Treasurer of Guam. Guam Depository Receipts, as well as Quarterly Withholding Statements are required to be filed with the Department of Revenue and Taxation in the same manner as similar returns and statements required to be filed with the U.S.
Internal Revenue Service.
(f) Failure to comply with the above may result in criminal or civil penalties as provided by law.
H.4 CHANGEOVER
The Government reserves the right to conduct site visits with prospective offerors in all contractor-operated facilities in conjunction with the solicitation of offers for the follow-on contract. In the event the follow-on contract is awarded to other than the incumbent, the incumbent Contractor shall cooperate to the extent required to permit orderly changeover to the successful contractor. With regard to the succession of Contractor’s employees, a recruitment notice may be placed in each facility.
H.5 CHANGES IN FEDERAL, STATE, AND LOCAL ENVIRONMENTAL LAWS AND REGULATIONS
Federal, state, and local environmental laws and regulation may change the performance period of this contract. The Contractor is responsible for maintaining a working knowledge of these changes in order to perform all work under the this contract in accordance with the applicable federal, state, and local laws and regulations which are in effect at the time work is performed.
H.6 HISTORICAL AND ARCHAEOLOGICAL RESOURCES
Carefully protect in-place and notify the Contracting Officer immediately if historical and archaeological items or human skeletal remains discovered in the course of work. Upon discovery, notify the Contracting Officer. Stop work in the immediate area of the discovery until directed by the Contracting Officer to resume work. The Government retains ownership and control over historical and archaeological resources.
H.7 FIRE PREVENTION
The Contractor shall observe all requirements for handling and storing combustible supplies, materials, waste, and trash in a manner that prevents fire or hazards to persons, facilities, and material. Contractor employees and subcontractors operating critical equipment must be trained by the Contractor on how to properly respond to a fire emergency.
H.8 CONTRACTOR GENERATED AND/OR COLLECTED INFORMATION
(a) Information generated and/or collected by the Contractor in the performance of this contract, in any media (e.g.
electronic, paper, etc.), is considered to be Government owned and must be returned to the possession of the Government upon termination of Contractor’s services or at the completion of the contract whichever occurs first.
This shall include, but not be limited to any statements of work, performance work statements, data collected concerning facility/utility usage, data collected concerning consumption of materials and supplies, logs and records, maintenance records, inventories, databases, Standard Operating Procedures (SOP), drawings, source code and detailed system documentation.
(b) The Government shall have unrestricted access to the Contractor’s management information systems (MIS).
H.9 REQUIRED INSURANCE
(a) Within fifteen (15) days after award of this contract, the Contractor shall furnish the Contracting Officer a Certificate of Insurance as evidence of the existence of the following insurance coverage in amounts not less than the amount specified below in accordance with the FAR 52.228-5, “Insurance-Work on a Government Installation
(Jan 1997),” in Section I. This insurance must be maintained during the entire performance period. Before commencing work on this contract, the Contractor shall certify to the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer.
COVERAGE
Comprehensive General Liability: $500,000 per occurrence.
Automobile Liability: $200,000 per person; $500,000 per occurrence for bodily injury; $20,000 per occurrence for property damage.
Workman’s Compensation: As required by Federal Workers’ compensation.
Employer’s Liability Coverage: $100,000, except in areas where workers’ compensation may not be written by private carriers.
(b) Above insurance coverages are to extend to Contractor personnel operating Government owned equipment and vehicles.
(c) The Certificate of Insurance shall provide for thirty (30) days written notice to the Contracting Officer by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in H.9(a).
H.10 PHASE OUT
The phase-out of incumbent employees will occur in conjunction with the phase-in of successor Contractor employees. The current Contractor shall cooperate with the Government during the phase-out period.
H.11 SALVAGE
In addition to FAR 52.245-1, "Government Property (Aug 2012),” incorporated in Section I, upon completion of work at each individual work site, all material and equipment which are removed or disconnected, and which are sound and of value, but are not indicated or specified for disposal or reuse shall remain the property of the Government.
H.12 CONTRACTOR SUPPORT OF ELECTRONIC CONTRACTING (FEDMALL)
(a) The contractor is required to offer IQ pre-priced line item services to authorized Government personnel when they are ordering the work directly via the Governmentwide Commercial Purchase Card (GCPC) program. When receiving GCPC orders against Section B, the contractor shall provide the supplies and services at the offered price without additional markup or handling fee.
(b) The contractor agrees to accept and process electronically submitted GCPC orders for IQ services, including those orders issued through the FedMall. The FedMall is a U.S. Government (USG) owned and operated web-based ordering system that enables any Department of Defense (DOD) or Federal activity to search for and order goods and services. Authorized GCPC users will receive approved accounts on FedMall to view and order IQ line items.
(c) The contractor is required to receive electronic IQ orders from the FedMall using 128-bit encrypted email. The contractor agrees to purchase, install, and utilize the most recent version of PGP Personal software, or a comparable solution, for the purpose of decrypting order notification emails from the FedMall. In addition, the DoD has established the External Certification Authority (ECA) program to support the issuance of DoD-approved certificates to contractors. The ECA program is designed to provide the mechanism for contractors to securely communicate with the DoD and authenticate to DoD Information Systems. The contractor agrees to purchase, install, maintain and use a DoD-approved ECA certificate. Information on obtaining an ECA certificate can be found at http://iase.disa.mil/pki/eca/Pages/certificate.aspx.
(d) The contractor shall post updates on order delivery schedule and performance to the FedMall in a timely manner.
(e) The contractor shall track quantities and report total ordered quantity in FedMall and approved DD 1155's by line item number each month and year-to-date. The report shall be due to the Contracting Officer by the fifth day of the following month. The contractor must track and report when total dollar value of all orders from both GCPC purchases and DD 1155s exceed 75% of the combined Section B Pre-Priced Line Item quantities."
H.13 CONTRACTOR EQUIPMENT ON IDIQ TASK ORDERS
1. Entitlement (Equipment Usage - Hours). In situations where equipment is (i) owned by the contractor (or subs), (ii) also used on Fixed-Price Work, and (iii) necessary for performance on IDIQ (Task order) effort; then equipment usage hours may be proposed on the specific IDIQ Task Order.
2. Equipment Hourly Rate.
a. Ownership costs (e.g. depreciation, facilities capital cost of money) and mobilization/demobilization costs shall not be part of the equipment hourly rate because these costs are already fully priced as part of the annual FP work.
b. Only Operating costs shall be part of the proposed Equipment Hourly Rate and shall be computed based on:
i. Actual cost data to support the proposed hourly rate; OR, if information is not readily available;
ii. In accordance with FAR 31.105(d)(2), predetermined schedules of construction equipment use rates
(i.e. Equipment Hourly Rate (Operating costs portion only) computed by taking Total Hourly Rate – Average less Depreciation less Facilities Capital Cost of Money)
H.14 SERVICE CONTRACT LABOR STANDARDS
The Collective Bargaining Agreement (CBA), Attachment JH-1, and Service Contract Labor Standards (SCLS) Wage Determination, Attachment JH-2, included in the award of a contract will remain in effect for the duration of the base period. At the time the Contracting Officer elects to exercise an option period, an updated Service Contract Labor Standards Wage Determination will be incorporated into the contract. The updated Service Contract Labor Standards Wage Determination will remain in effect for the life of the option period. Estimated costs reflected in Section B and option periods do not include escalation for anticipated Service Contract Labor Standards Wage Determination revisions. Upon incorporation of an update Service Contract Labor Standards Wage Determination, the estimated cost of the contract shall be revised to reflect impact on wages, benefits, taxes (including Gross Receipt Tax) and associated costs.
5252.209-9300 - Organizational Conflicts of Interest (Jun 1994)
The restrictions described herein shall apply to the Contractor and its affiliates, consultants and subcontracts under this contract. If the Contractor under this contract prepares or assists in preparing a statement of work, specifications and plans, the Contractor and its affiliates shall be ineligible to bid or participate, in any capacity, in any contractual effort which is based on such statement of work or specifications and plans as a prime contractor, subcontractor, consultant or in any similar capacity. The Contractor shall not incorporate its products or services in such statement of work or specification unless so directed in writing by the Contracting Officer, in which case the restriction shall not apply. This contract shall include this clause in its subcontractor's or consultants' agreements concerning the performance of this contract.
Section I - Contract Clauses
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
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 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2016
52.204-13 System for Award Management Maintenance OCT 2016 52.204-15 Service Contract Reporting Requirements for Indefinite-
Delivery Contracts
OCT 2016
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
JUN 2016
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
JUL 2013
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.210-1 Market Research APR 2011 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
AUG 2011
52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-14 Integrity of Unit Prices OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997 52.215-21 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.215-21 Alt III Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications (Oct 2010) - Alternate III
OCT 1997
52.219-8 Utilization of Small Business Concerns NOV 2016 52.219-14 Limitations On Subcontracting JAN 2017 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards- Overtime
Compensation
MAY 2014
52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option Contracts)
MAY 2014
52.222-44 Fair Labor Standards And Service Contract Labor Standards- Price Adjustment
MAY 2014
52.222-50 Combating Trafficking in Persons MAR 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration
Equipment and Air Conditioners.
JUN 2016
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
MAY 2008
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.228-5 Insurance - Work On A Government Installation JAN 1997 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
JUL 2013
52.232-36 Payment by Third Party MAY 2014 52.232-37 Multiple Payment Arrangements MAY 1999 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.243-1 Alt II Changes--Fixed-Price (Aug 1987) - Alternate II APR 1984 52.243-4 Changes JUN 2007 52.244-6 Subcontracts for Commercial Items JAN 2017 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.248-1 Value Engineering OCT 2010 52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-4 Termination For Convenience Of The Government (Services) (Short Form)
APR 1984
52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.251-1 Government Supply Sources APR 2012 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.204-7000 Disclosure Of Information OCT 2016 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7000 Pricing Adjustments DEC 2012 252.215-7009 Proposal Adequacy Checklist JAN 2014 252.222-7000 Restriction On Employment Of Personnel MAR 2000 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic
(Dec 2016)
DEC 2016
252.225-7002 Qualifying Country Sources As Subcontractors DEC 2016
252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award
OCT 2015
252.225-7021 Trade Agreements--Basic DEC 2016 252.225-7041 Correspondence in English JUN 1997 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
SEP 2004
252.232-7003 Electronic Submission of Payment Requests and Receiving Reports
JUN 2012
252.232-7004 DOD Progress Payment Rates OCT 2014 252.232-7009 Mandatory Payment by Governmentwide Commercial
Purchase Card
DEC 2006
252.232-7010 Levies on Contract Payments DEC 2006 252.242-7005 Contractor Business Systems FEB 2012 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012 252.246-7000 Material Inspection And Receiving Report MAR 2008
52.211-11 LIQUIDATED DAMAGES--SUPPLIES, SERVICES, OR RESEARCH AND DEVELOPMENT (SEP 2000)
(a) If the Contractor fails to deliver the supplies or perform the services within the time specified in this contract, the Contractor shall, in place of actual damages, pay to the Government liquidated damages of $310 per calendar day of delay.
(b) If the Government terminates this contract in whole or in part under the Default--Fixed-Price Supply and Service clause, the Contractor is liable for liquidated damages accruing until the Government reasonably obtains delivery or performance of similar supplies or services. These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(c) The Contractor will not be charged with liquidated damages when the delay in delivery or performance is beyond the control and without the fault or negligence of the Contractor as defined in the Default--Fixed-Price Supply and Service clause in this contract.
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 $2,500.00, 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 $100,000.00;
(2) Any order for a combination of items in excess of $1,000,000.00; or
(3) A series of orders from the same ordering office within 3 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…
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