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CODE
(Hour)
PAGE(S)
until 02:00 PM local time 27 Mar 2023
X
A X B X C
D
EX
X G F 35 - 44
45 - 53 X H 54 - 59 darrien.a.thomas@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)
DO-C3 1 59
(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.
N69450 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 2 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 conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
DARRIEN A. THOMAS 904-542-6731
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
11 J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
13 - 14
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 15 - 17 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 18 - 20 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
21 - 33
PART II - CONTRACT CLAUSES
NAVFAC ENGINEERING SYSTEMS COMMAND SE
FSC-BOS
BUILDING 903, PO BOX 30
JACKSONVILLE FL 32212-0030
904-542-6942FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
28 Feb 2023
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
N6945023R0007
Section A - Solicitation/Contract Form
A.1 TYPE OF CONTRACT
Award of this solicitation will result in a facilities support indefinite-quantity contract with recurring work / firm fixed price (FFP) and non-recurring work / indefinite-delivery indefinite-quantity (IDIQ) provisions.
A.2 SERVICE REQUIREMENTS
The outcomes to be achieved are Custodial Services at Naval Hospital, Beaufort, and Marine Corps Recruit Depot (MCRD), Parris Island, South Carolina. The Contractor shall furnish all labor, supervision, management, tools, materials, equipment, facilities, transportation, incidental engineering, and other items necessary to provide custodial services described in this specification.
A.3 COMPETITION ENVIRONMENT
This contract is being solicited as a competitive 8(a).
A.4 NAICS CODE
The NAICS code is 561720, Janitorial Services.
A.5 PRIOR CONTRACT INFORMATION
The contract issued as a result of this solicitation will replace contracts N69450-21-D-0044, which is due to expire on 30 September 2023. The following information applies to that contract. No assurances are made that workload and volume of future effort and costs will replicate past experience. This information is provided merely for informational purposes:
Kira Aviation Services, LLC dba Kira Operations Support 2513 Aviation St. STE. A Blytheville, AR 72315-6408
Period of Performance Recurring Non-Recurring Total Base 1OCT21-30SEP22 $1,795,122.72 $48,059.10 $1,843,181.82 Option Period 1 1OCT22-30SEP23 $1,838,039.40 $48,019.20 $1,886,058.60
Total $3,633,162.12 $96,078.30 $3,729,240.42
Section B - Supplies or Services and Prices
B.1 PRICING OF CLINS
The contract pricing is structured into (12) Contract Line Item Numbers (CLINs). The base year is covered by CLINs 0001 and 0002. Each of the subsequent option periods is likewise covered by two CLINs. The firm-fixed price (FFP) base year requirement and the overall guaranteed minimum for the contract is CLIN 0001. CLINs 0003, 0005, 0007, 0009, and 0011 account for the FFP requirements in each option period. CLINs 0002, 0004, 0006, 0008, 0010, and 0012 contain IDIQ requirements that are pre-priced as part of your offer.
Section B CLINs are supported by Section J Exhibit Line Item Numbers (ELINs). Before Pricing Section B, complete the Section J ELINs Attachment Excel spreadsheet. The spreadsheet includes multiple worksheets which must be completed. Submit the completed spreadsheet with your proposal in hard copy and electronic format. The spreadsheet contains 12 tabs of ELINs, each corresponding to a Section B CLIN. They are identified for example, as: “CLIN 0001 - Base Period RW”, “CLIN 0002 - Base Period N-RW”, “CLIN 0003 – 1st Option Period RW”, “CLIN 0004 – 1st Option Period N-RW”, etc. ELINS with prefix “A” support the Base Period, ELINs with prefix “B” support Option Period 1, ELINs with prefix “C” support 2nd Option Period. ELINs with prefix “D” support 3rd Option Period, ELINs with prefix “E” support 4th Option Period, ELINs with prefix “F” support the FAR 52.217-8 Option. The total of ELINs A001 through A002 will be the amount you should enter in Section B CLIN 0001. The total of A700 through A712 will be the amount you should enter in Section B CLIN 0002. The total of B001 through B002 will be the amount you should enter in Section B CLIN 0003. The total of B700 through B712 will be the amount you should enter in Section B CLIN 0004, etc. Continue pricing accordingly and make sure that the total of each tab of ELINs is equal to its corresponding CLIN value entered in Section B. The total of all Section J ELINs should equal the total of all Section B CLINs 0001 through 0012.
B.2 MAX NTE AND MIN GUARANTEE
The maximum NTE value of an ordering period is the total of all the CLINs in that ordering period. The maximum or NTE value of the contract is the total value of all CLINs in the Schedule. Orders shall not be made that exceed the maximum NTE value for any ordering period. 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 minimum guarantee for:
CLIN 0001, Base Period Recurring Work;
Minimum guarantees do not apply to the option periods.
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 UNDEFINED Each Base Period Recurring
FFP
Recurring Custodial services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELIN/Sub-ELINs A001 through A002 from attachment from attachment J-0200000-07, worksheet tab - CLIN 0001 - Base Period RW.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
FOB: Destination
PSC CD: S201
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0002 UNDEFINED Each Base Period Non-Recurring
FFP
Non-Recurring Custodial services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINs A700 through A712 from Attachment J-0200000-07, worksheet tab - CLIN 0002 - Base Period N-RW.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0003 UNDEFINED Each OPTION Option Period 1 Recurring
FFP
Recurring Custodial Services in accordance with the Performance Recurring Custodial services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELIN/Sub-ELINs B001 through B002 from attachment from attachment J-0200000-07, worksheet tab - CLIN 0003 - 1st Option RW.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0004 UNDEFINED Each OPTION Option Period 1 Non-Recurring
FFP
Non-Recurring Custodial services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINs B700 through B712 from Attachment J-0200000-07, worksheet tab - CLIN 0004 – 1st Option N-RW.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0005 UNDEFINED Each OPTION Option Period 2 Recurring
FFP
Recurring Custodial Services in accordance with the Performance Recurring Custodial services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELIN/Sub-ELINs C001 through C002 from attachment from attachment J-0200000-07, worksheet tab - CLIN 0005 - 2nd Option RW.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0006 UNDEFINED Each OPTION Option Period 2 Non-Recurring
FFP
Non-Recurring Custodial services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINs C700 through C712 from Attachment J-0200000-07, worksheet tab - CLIN 0006 – 2nd Option N-RW.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0007 UNDEFINED Each OPTION Option Period 3 Recurring
FFP
Recurring Custodial Services in accordance with the Performance Recurring Custodial services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELIN/Sub-ELINs D001 through D002 from attachment from attachment J-0200000-07, worksheet tab - CLIN 0007 - 3rd Option RW.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0008 UNDEFINED Each OPTION Option Period 3 Non-Recurring
FFP
Non-Recurring Custodial services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINs D700 through D712 from Attachment J-0200000-07, worksheet tab - 3rd Option N-RW.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0009 UNDEFINED Each OPTION Option Period 4 Recurring
FFP
Recurring Custodial Services in accordance with the Performance Recurring Custodial services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELIN/Sub-ELINs E001 through E002 from attachment from attachment J-0200000-07, worksheet tab - CLIN 0009 - 4th Option RW.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0010 UNDEFINED Each OPTION Option Period 4 Non-Recurring
FFP
Non-Recurring Custodial services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINs E700 through E712 from Attachment J-0200000-07, worksheet tab - CLIN 0010 – 4th Option N-RW.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0011 UNDEFINED Each OPTION Far 52.217-8 Recurring
FFP
Recurring Custodial Services in accordance with the Performance Recurring Custodial services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELIN/Sub-ELINs F001 through F002 from attachment from attachment J-0200000-07, worksheet tab - CLIN 0011 -
52.217-8 RW.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
UNIT UNIT PRICE MAX AMOUNT
0012 UNDEFINED Each OPTION Far 52.217-8 Non-Recurring
FFP
Non-Recurring Custodial services in accordance with the Performance Work Statement and all applicable attachments. Fill in with total for ELINs. F700 through F712 from Attachment J-0200000-07, worksheet tab - CLIN 0012 –
52.217-8 N-RW.
NOTE: Please ensure you are using the most current version of this Attachment.
Check all amendments for updates.
Section C - Descriptions and Specifications
PERFORMANCE WORK STATEMENT
This is a performance-based contract which incorporates performance-based specifications.
The files for Section C are provided as the following attachment posted on the SAM website at https://sam.gov:
N6945023R0007_SectionC.pdf
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 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 0011 Destination Government Destination Government 0012 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-4 Inspection Of Services--Fixed Price AUG 1996
Section F - Deliveries or Performance
F.1 LOCATION
The work to be performed under this solicitation and resulting contract is at Naval Hospital, Beaufort, and Marine Corps Recruit Depot (MCRD), Parris Island, South Carolina.
F.2 CONTRACT TERM
The estimated start date is 01 October 2023. The initial contract term of performance is for one year. The entire duration of the contract if all options are exercised is five years (60 months). There are four option periods and each option period has a term of performance of one year (12 months). If the Government requires a shorter term or exercises an option for a period shorter than 12 months, the proposed monthly ELIN prices will be used as the basis for establishing the reduced term. The Government may extend the term of the contract in accordance with FAR 52.217-9, Option to Extend the Term of the Contract incorporated into the resulting contract.
Additionally, the Government may need to extend the performance period beyond the established 60 months stated above. FAR 52.217-8, Option to Extend Services provides the regulatory authority to extend contract performance up to an additional six months.
F.3 TRANSITION PERIOD
The Government intends to make award by 31August 2023 to allow the successful offeror 30 days to mobilize and transition into place. The current contractor will be expected to commence demobilization and support the transition of the follow-on contractor 30 days prior to completion of the contract term.
F.4 PRE-PERFORMANCE CONFERENCE
Within 20 days of contract award, prior to commencement of the work, the contractor will meet in conference with representatives of the Contracting Officer, at a time to be determined by the Contracting Officer, to discuss and develop mutual understanding relative to scheduling and administering work.
F.5 DELIVERABLES
The files for SECTION F are provided as the following attachment posted on the SAM website at https://sam.gov/.
N6945023R0007_SectionF.pdf
NOTE: Deliverables requirements under the contract should be submitted to the Government via Electronic format.
The file document(s) format shall be compatible with the most recent Government installed Microsoft Office version (currently 2016) and an unprotected version. The documents may be submitted via email as 'attachment(s)', file size permitting. Else, the deliverables should be submitted on a CD-ROM.
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-OCT-2023 TO
30-SEP-2024
N/A N/A
0002 POP 01-OCT-2023 TO
30-SEP-2024
0003 POP 01-OCT-2024 TO
30-SEP-2025
0004 POP 01-OCT-2024 TO
30-SEP-2025
0005 POP 01-OCT-2025 TO
30-SEP-2026
0006 POP 01-OCT-2025 TO
30-SEP-2026
0007 POP 01-OCT-2026 TO
30-SEP-2027
0008 POP 01-OCT-2026 TO
30-SEP-2027
0009 POP 01-OCT-2027 TO
30-SEP-2028
0010 POP 01-OCT-2027 TO
30-SEP-2028
0011 POP 01-OCT-2028 TO
31-MAR-2029
0012 POP 01-OCT-2028 TO
31-MAR-2029
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
G.1 CONTRACT ADMINISTRATION
Upon award, contract administration shall be assigned to:
NAVFAC MIDLANT
FEAD MCRD Parris Island BLDG. 852, Atsugi Street Beaufort, SC 29905
G.2 COR
A Contracting Officer’s Representative (COR) will be appointed to assist the Contracting Officer in administration of this contract. The COR will provide general instructions on limitations and deadlines, and is responsible for administration in compliance with the contract to include inspection and acceptance of deliverables.
Contracting Officer Representative: TBD
NAVFAC MIDLANT
FEAD MCRD Parris Island BLDG. 852, Atsugi Street Beaufort, SC 29905
G.3 BLANKET TASK ORDER
The Government reserves the right to issue Blanket Task Orders (BTOs) with bulk funding for non-recurring work;
however, performance of work shall not commence until authorization is received from the Contracting Officer.
Each issued BTO and subsequent work authorization will include a firm fixed-price not-to-exceed amount which can only be altered via BTO modification.
G.4 PERFORMANCE ASSESSMENT
Contractor’s performance will be evaluated using 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.
G.5. PAYMENT INSTRUCTIONS
**FOR GOVERNMENT USE ONLY**
The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract based on the type of payment request submitted (see DFARS 252.232-7006) and the type of effort using the table provided at https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions.
CLAUSES INCORPORATED BY FULL TEXT
252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause—
“Department of Defense Activity Address Code (DoDAAC)” is a six position code that uniquely identifies a unit, activity, or organization.
“Document type” means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
“Local processing office (LPO)” is the office responsible for payment certification when payment certification is done external to the entitlement system.
“Payment request” and “receiving report” are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall—
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.
(e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items—
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(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.
NAVY CONSTRUCTION/FACILITIES MANAGEMENT INVOICE
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(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 N69450
Admin DoDAAC** N69365
Inspect By DoDAAC N44227
Ship To Code N/A
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) N/A
Service Acceptor (DoDAAC) N/A
Accept at Other DoDAAC N/A
LPO DoDAAC N69365
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) Accept By: N69365
(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.
To be cited per individual task order
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
To be cited per individual task order
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements
H.1 HISTORICAL AND ARCHAELOGIC
Carefully protect in-place and report immediately to the Contracting Officer historical and archaeological items or human skeletal remains discovered in the course of work. 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.2 ORDERING
In accordance with FAR clause 52.216-18, Ordering, this authorizes additional methods for issuance of delivery or task orders under the resulting contract. Orders may be issued orally, by facsimile, and/or by electronic commerce methods.
H.3 ORDER LIMITATIONS
Section I, Contract Clauses, incorporates FAR clause 52.216-19, Order Limitations. This clause is not applicable to the recurring work and/or the Government-wide Commercial Purchase Card (GCPC) Program.
H.4 DFARS 211.106
Identification as Contractor Employee:
The Contractor shall be responsible for furnishing to each employee and for requiring each employee to display identification as a Contractor employee (i.e. introduction, badge, other identification) as may be approved and directed by the KO. Distinction as a Contractor employee should be available at all times including in meetings with Government personnel, telephone conversations, and in formal and informal written correspondence.
Prescribed Government identification cards shall be immediately delivered to the KO for cancellation upon release of any employee.
H.5 SCHEDULE OF DEDUCTIONS
Unit prices provided by the successful offeror may be utilized as the basis of deductions pursuant to the clause at 52.246-4, Inspection of Services – Fixed-Price and H.12 Consequences to Perform.
H.6 GOVERNMENT PROPERTY
In accordance with FAR 45.000(b)(5), Government property is not included in this solicitation and resulting contract. The Government will make available to the Contractor use of Government-owned utilities for use only in connection with this contract. The use of Government-furnished utilities for any other use purposes is prohibited.
Availability of Utilities: The Government will furnish water and electricity at existing outlets required for the work to be performed under the contract. The Contractor shall provide and maintain, at its expense, the necessary service lines from existing Government outlets to the work site. Provide and maintain backflow prevention devices on connections to domestic water lines and electrical transformer provisions on connections to electric lines. Meet all Federal, State, local, and installation codes and regulations for backflow prevention devices and electrical transformer provisions. Services required by the Contractor, for which there are no available Government outlets, shall be provided by the Contractor at no cost to the Government. Information concerning the location of existing outlets may be obtained from the Contracting Officer.
H.8 SUBSTITUTIONS OF KEY PERSO
The Contractor shall provide complete resumes for proposed substitutes, and any additional information requested by the Contracting Officer. Proposed substitutes should have comparable qualifications to those of the persons being replaced. The Contracting Officer will notify the Contractor within 15 days after receipt of all required information of the consent on substitutes. No change in unit prices may occur as a result of key personnel substitution.
H.9 CONSEQUENCES TO PERFORM
The Contractor shall perform all of the contract requirements. The Government will inspect and assess Contractor performance in accordance with FAR 52.246-4, INSPECTION OF SERVICES - FIXED PRICE The Government will require re-performance, withhold payment, or seek other suitable consideration for unsatisfactory or non-performed work. When defects can’t be corrected by re-performance, the Government may reduce the price to reflect the reduced value of services performed.
(a) PROCEDURES. In the case of unsatisfactory or non-performed work, the Government:
(1) may give the Contractor written notice of observed deficiencies prior to withholding payment for unsatisfactory or non-performed work and/or assessing liquidated damages. Such written notice shall not be a prerequisite for withholding payment for non-performed work. The Government may specify, as provided for below, that liquidated damages can be assessed against the Contractor. Such liquidated damages are to compensate the Government for administrative costs and other expenses resulting from the unsatisfactory or non-performed work.
(2) may, at its option, allow the Contractor an opportunity to re-perform the unsatisfactory or non-performed work, at no additional cost to the Government. In the case of daily work, corrective action must be completed within 4 hours of notice to the Contractor. In the case of other work, corrective action must be completed within 24 hours of notice. In addition, the Government can assess liquidated damages, as referenced above, in the amount of 10 percent of the value of all observed defects. The original inspection results of the Contractor’s work will not be modified upon re-inspection. However, the Contractor will be paid for satisfactorily re-performed work.
(3) shall withhold from the Contractor’s invoice all amounts associated with the unsatisfactory or nonperformed work at the prices set out in the Schedule or provided by other provisions of this contract, unless the Contractor is required to re-perform and satisfactorily complete the work. In addition, the Government can assess liquidated damages, as referenced above, in the amount of 10 percent of the value of all observed defects.
(4) may, at its option, perform the work by Government personnel or by other means. The Government will reduce the amount of payment to the Contractor, by the amount paid to any Government personnel (based on wages, retirement and fringe benefits) plus material, or by the actual costs incurred to accomplish the work by other means. If the actual costs cannot be readily determined, the prices set out in the Schedule will be used as the basis for the deduction. In addition, the Government can assess liquidated damages, as referenced above, in the amount of 10 percent of the computed cost.
(b) The Contractor is responsible for maintaining an effective Quality Control Program during the course of the contract. Failure to maintain adequate quality control may result in Termination for Default.
(c) Re-performance by the Contractor does not waive the Government’s right to terminate for nonperformance in accordance with FAR clause 52.249-8, DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) of Section I and all other remedies for default as may be provided by law.
H.10 ESTIMATING NONPERFORMED
In the event the price of non-performed or unsatisfactory work cannot be determined from the prices set out in the
Schedule, or on the basis of the actual cost to the Government, estimating methods may be used to determine an amount, which reflects the reduced value of services performed. The Government may estimate the cost using wage rates and fringe benefits included in the wage determinations included in the contract, Government estimates of the Contractor’s overhead and profit rates, and Government estimates of material costs if applicable. Liquidated damages, to compensate the Government for administrative costs and other expenses resulting from the nonperformed or unsatisfactory performance, will be calculated in accordance with the Section H special requirement, CONSEQUENCES OF CONTRACTOR’S FAILURE TO PERFORM REQUIRED WORK.
Section I - Contract Clauses
52.202-1 Definitions JUN 2020 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 JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 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
JUN 2020
52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
JUN 2020
52.204-2 Security Requirements MAR 2021 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
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018 52.204-15 Service Contract Reporting Requirements for Indefinite-
Delivery Contracts
OCT 2016
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
NOV 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment
NOV 2021
52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
NOV 2021
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.209-14 Reserve Officer Training Corps and Military Recruiting on Campus
NOV 2021
52.210-1 Market Research NOV 2021 52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
JUN 2020
52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020 52.215-14 Integrity of Unit Prices NOV 2021
52.215-15 Pension Adjustments and Asset Reversions OCT 2010 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
NOV 2021
52.215-23 Limitations on Pass-Through Charges JUN 2020 52.219-8 (Dev) Utilization of Small Business Concerns (Deviation 2023-
O0002)
DEC 2022
52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2021-O0008) OCT 2022 52.219-28 Post-Award Small Business Program Rerepresentation OCT 2022 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime
Compensation
MAY 2018
52.222-19 (Dev) Child Labor - Cooperation with Authorities and Remedies
(DEVIATION 2020-O0019)
DEC 2022
52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option Contracts)
AUG 2018
52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.222-55 Minimum Wages for Contractor Workers Under Executive
Order 14026
JAN 2022
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 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 52.223-5 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
52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.223-19 Compliance with Environmental Management Systems MAY 2011 52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.225-1 Buy American--Supplies OCT 2022 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
JUN 2020
52.227-14 Rights in Data--General MAY 2014 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-11 (Dev) Individual Surety--Pledge of Assets (DEVIATION 2020-
O0016)
FEB 2021
52.228-14 Irrevocable Letter of Credit NOV 2014
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 52.232-19 Availability Of Funds For The Next Fiscal Year 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
OCT 2018
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
NOV 2021
52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-3 Continuity Of Services JAN 1991 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial
Services
DEC 2022
52.246-20 Warranty Of Services MAY 2001 52.246-25 Limitation Of Liability--Services FEB 1997 52.248-1 Value Engineering JUN 2020 52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
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 2022
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 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
JAN 2021
252.204-7020 NIST SP 800-171 DoD Assessment Requirements MAR 2022 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
MAY 2019
252.219-7010 Notification of Competition Limited to Eligible 8(a) Participants -- Partnership Agreement
OCT 2019
252.219-7011 Notification to Delay Performance JUN 1998 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 JUN 2022 252.225-7002 Qualifying Country Sources As Subcontractors MAR 2022 252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award
OCT 2020
252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7021 Trade Agreements--Basic DEC 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned
Aircraft Systems (DEVIATION 2020-O0015)
MAY 2020
252.226-7001 Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.227-7000 Non-estoppel OCT 1966 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7007 Limitation Of Government's Obligation APR 2014 252.232-7009 Mandatory Payment by Governmentwide Commercial
Purchase Card
MAY 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.236-7000 Modification Proposals-Price Breakdown DEC 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.244-7000 Subcontracts for Commercial Items DEC 2022
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 date of contract award through contract completion date.
(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.
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 $50,000.00;
(2) Any order for a combination of items in excess of $150,000.00*; or
(3) A series of orders from the same ordering office within 2 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 10 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.
*Excludes the Recurring Work funding task orders and Blanket Task Orders
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 or final completion date (whichever comes later).
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to contract expiration.
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 prior to the completion of the current period of performance; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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).
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (JUN 2020)
(a) Definitions. As used in this clause--
"Active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," "qualified disabled veteran," and "recently separated veteran" have the meanings given at Federal Acquisition Regulation (FAR) 22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1303(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUN 2020)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of the threshold specified in Federal Acquisition Regulation (FAR) 22.1408(a) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance.
Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)
In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29 CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
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