Redacted GTARC Contract W9113M21D0060.pdf
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- Solicitation number
- W9113M21D0060
About this file
This document provides details of a special notice award for a single award indefinite-delivery/indefinite-quantity cost-plus-fixed-fee contract to Georgia Tech Applied Research Corporation. The contract was awarded under the authority of 10 U.S.C. 2304(c)(3)(B) and FAR 6.302-3(a)(2)(ii) to maintain an essential engineering, research, and development capability as a designated University Affiliated Research Center. The contract is in support of the U.S. Army Space and Missile Defense Command's defense research, engineering, science, technology development, and space operations mission requirements, including mission related research and development and acquisition in support of Army Title 10 responsibilities. The contract aligns with Georgia Tech Applied Research Corporation's seventeen core competencies to maintain a critical space domain sensor research, development and test capability in support of the Army's space control mission area.
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W9113M21D0060
The period of performance for individual task orders shall be specified in each awarded task order. Task orders may include a task order option period for continued support (reference contract line item number (CLIN) 0004, Task Order Option Period, in Section B of the IDIQ contract). In no event shall any task order performance period extend 24 months beyond the last day of the end of the contract ordering period.
Telecommuting shall be in accordance with FAR 7.108, Additional requirements for telecommuting. The Government does not prohibit the contractor from telecommuting unless the security requirements required by the task order effort cannot be met if telecommuting is permitted. If the Contracting Officer determines task order security requirements will be adversely impacted, telecommuting shall be prohibited.
REFERENCE: Section G, Payment Instructions-Other [DFARS/PGI 204.7108(d)(12)], for contracts with multiple funding types and multiple customers, spanning several years. Funding for the contract line item numbers (CLINs) contained in this contract are received from various funding sources and applied to specific tasks as defined in the funding modifications, which consist of multiple lines of accounting using sub line items (SLINs) and Accounting Classification Reference Numbers (ACRNs) as the indicator of the funding source. The SLINs may be associated with specific tasks as required by the Performance Work Statement (PWS) rather than the PWS as a whole, therefore using a proration or fiscal year method may result in payments being disbursed ahead of actual performance. The Section G, Payment Instructions-Other, contains special payment instructions which are applicable at the task order level.
MATERIALS
If materials are required during performance of individual task order efforts, the contractor shall propose the type of materials to be purchased and the estimated cost.
The materials shall be evaluated and negotiated prior to award of the task order. The Office of Naval Research (ONR) negotiated and approved a materials overhead rate that can be included in the contractor’s proposed materials. Materials are cost reimbursable only and a fee is not authorized. If the contractor does not propose the type of materials to be purchased and the estimated cost for evaluation and negotiation of the task order, the materials purchase will need to be preapproved by the Contracting Officer’s Representative (COR) and funds obligated by the Contracting Officer prior to the contractor purchasing the materials. In order to track the material inventory and costs, the contractor shall provide the COR a completed spreadsheet (reference Attachment 5 incorporated in Section J) listing the material and its estimated cost. In addition, the contractor shall include, with its submission, the purpose and use of the materials to be purchased.
The contractor shall provide DoD Item Unique Identification (IUID) as required by DFARS 252.211-7003, Item Unique Identification (IUID) and Valuation. The requirements in DFARS 252.211-7003 are applicable to materials purchased under individual task orders, which is defined as contractor acquired property (CAP). Title, accountability, and stewardship of CAP will be transferred to the Government as Government Furnished Property (GFP) under CLIN 0008, Contractor Acquired Property, in Section B of the IDIQ contract. Any materials to be furnished under this contract shall be ordered by issuance of task orders and dispositioned as required under CDRL A011.
TRAVEL
a. Temporary Duty (TDY)/non-local travel may be required in performance of individual task orders issued under this contract. Specific travel requirements will be identified and funded as such need arises. The contractor has no authority to incur travel costs without explicit written approval of the Contracting Officer’s Representative (COR) and under no circumstance shall incur travel costs in excess of the funded amount stated in the task order.
b. Reimbursement for direct travel, subsistence, lodging costs and applicable indirect rates shall be paid to the contractor to the extent that such costs are necessary and incurred in the performance of specific task orders awarded under this contract. Direct travel costs shall be limited to the maximum rates set forth in the following regulations (See FAR 31.205-46 for additional information regarding travel costs):
1. Federal Travel Regulations (in effect at the time of travel) prescribed by the General Services Administration (GSA) for travel in the contiguous 48 United States;
2. Joint Travel Regulations (JTR) Volume 2, DoD Civilian Personnel, Appendix A, prescribed by the Department of Defense (DoD) for travel in Alaska, Hawaii, The Commonwealth of Puerto Rico, and the territories and possessions of the United States;
3. Standardized Regulations, (Government Civilians, Foreign Areas), Section 925, “Maximum Travel Per Diem Allowances in Foreign Areas” prescribed by the Department of State, for travel in areas not covered in (a) and (b) above.
c. The Government will reimburse the contractor for actual transportation fare, limited to "coach" rates unless prior written approval of the Contracting Officer is provided. Per diem will be paid at JTR rates. To the extent available, suitable Government quarters, messing, and surface transportation facilities may be used.
d. When travel is required, the following requirements shall be followed:
1. Contractors will schedule flights and pay for them at least 14 days in advance for known meetings in order to reduce airfare costs. "Emergency" meeting fares will be approved by the COR prior to departure.
2. Contractors will not send more than 2 employees or subcontractors to any meeting, unless advance written approval is obtained from the COR.
3. All overseas travel will be booked and paid for 30 days in advance, and will be approved by the COR prior to the booking.
4. All car rentals will be economy cars. The Contracting Officer may authorize larger vehicles upon receipt of a justified request (based upon the number of travelers and equipment being carried).
5. Air fare will not be authorized for trips less than 200 miles from a home station.
6. Contractors are encouraged to negotiate "preferred traveler" arrangements with US flag carriers.
7. Contractors traveling into Theatres of Operation must travel by mil-air unless otherwise authorized by the KO.
8. Contractors are encouraged to take advantage of any discounts (e.g. AAA, Government Rates when available, Corporate Rates) when permitted.
9. Video teleconferences, virtual remote environment, or teleconferences shall be used to the greatest extent possible.
10. Requests for travel on other than “coach” rates shall be submitted to the COR and approved by the Contracting Officer prior to execution of such travel.
e. The Government will not reimburse the contractor for commercial transportation, lodging, meals, or incidental expenses associated with local travel. Local travel is defined as travel within the area of a 50 mile radius of the primary place of performance.
However, subject to the approval of the Contracting Officer on a case-by-case basis, contractor personnel may be authorized reimbursement for the use of privately-owned vehicles (POV) in the direct performance of task order requirements. Such reimbursement, if authorized, shall be limited to the current government POV mileage rate. In no event shall POV reimbursement be claimed or paid for contractor travel to and from the employee’s duty location/principle place of performance.
f. Invitational Travel Orders will NOT be issued by the Government for contractor travel.
g. If task orders require the temporary deployment of contractor personnel to “Outside the Continental United States” (OCONUS) locations, it is the contractor’s full responsibility to obtain all passports, visas, or other documentation necessary to enter and/or exit any area; to verify and comply with all Status of Forces Agreement
(SOFA) or Technical Expert Status Accreditation (TESA) requirements; to register all personnel with the appropriate U.S. Embassy or Consulate; and to comply with all other mandated requirements.
OTHER DIRECT COSTS (ODC)
If ODC is required during performance of individual task order efforts, the contractor shall propose the ODC, its purpose, and a break-out of estimated costs. The proposed ODC will be evaluated and negotiated prior to task order award. If the contractor does not propose the ODC and a break-out of estimated costs for evaluation and negotiation prior to task order award, the ODC will need to be preapproved by the COR and funds obligated by the Contracting Officer prior to the contractor purchasing ODC. Since these are cost reimbursable task orders, the contractor shall apply its approved General and Administrative (G&A) rate in lieu of a separate ODC multiplier. In no case shall the ODC be burdened with a separate ODC rate. ODC is cost reimbursable only and no fee is authorized.
SUBCONTRACTS
If subcontracts are required during performance of individual task order efforts, the contractor shall propose the subcontractors and estimated costs in accordance with the terms and conditions of this contract for Contracting Officer approval. The Office of Naval Research (ONR) negotiated and approved a subcontract overhead rate that can be included in the contractor’s proposed subcontracts. Subcontracts are cost reimbursable only and a fee is not authorized. The contractor shall submit the subcontractor’s unredacted proposals and, if required in accordance with FAR 15.4, subcontractor’s certified cost and pricing data, and certificate of current cost or pricing data. The contractor shall flow down the contract W9113M21D0060 provisions and contract clauses to its subcontractors and affiliates. The subcontractor proposals shall be evaluated and negotiated prior to award of each task order. In addition, the contractor shall include, with its submission, the purpose of using subcontractors under each task order. If the contractor does not propose subcontractors and the estimated costs for evaluation and negotiation prior to award of each task order, the subcontractors and estimated costs will need to be preapproved, evaluated, and negotiated by the Contracting Officer and funds obligated prior to the contractor issuing subcontracts.
SECURE ENVIRONMENT CONTRACTING
In the event a task order requirement’s security classification is other than unclassified, the task order may be executed utilizing Secure Environment Contracting (SEC) procedures. Any branch cleared to process SEC within the Army Contracting
Command-Redstone Arsenal (ACC-RSA), Space, Missile Defense and Special Programs (SMD&SP) Directorate, has the authority to place orders against this contract.
The identification of the SEC branch and personnel will be made at the task order level.
The Department of Defense Instruction (DoDI) 5200.48, Controlled Unclassified Information (CUI), establishes policy, assigns responsibilities, and prescribes procedures for CUI throughout the DoD. The designation, handling, and decontrolling of CUI (including CUI identification, sharing, marking, safeguarding, storage, dissemination, destruction, and records management) will be conducted in accordance with DoDI 5200.48 and Defense Acquisition Regulation Supplement (DFARS) clause 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.
Contractor personnel will comply with DoD 5200.48, with regard to safeguarding and handling CUI.
Electronic transmission of CUI, facsimile and data, shall be by approved secure communication systems in accordance with DoDI 8582.01, Security of Non-DoD Information Systems Processing Unclassified Nonpublic DoD Information.
CORRESPONDENCE
All correspondence submitted and data items delivered by the contractor under this contract shall reference the contract number W9113M21D0060 and each applicable task order number and be emailed to the following points of contact:
Tiffany A. Moody Title: Contract Specialist Organization: Army Contracting Command-Redstone (ACC-RSA)
(256) 955-6003 tiffany.a.moody.civ@mail.mil
NOTE: The Contract Specialist will perform certain contract administration functions.
Cynthia J. Smith Title: Contracting Officer Organization: ACC-RSA
(256) 955-0073 cynthia.j.smith7.civ@mail.mil
NOTE: The Contracting Officer is the only individual having the authority to bind the Government contractually, enter into contract commitments, and make changes to the contract terms and conditions affecting price, quality, quantity, delivery, performance, and other contract terms and conditions.
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0004 UNDEFINED Job UNDEFINED $0.00 EST Task Order Option Period
CPFF
CLIN 0004, Task Order Option Period, is established in the IDIQ contract Section B to be used as a CLIN for task orders only. If it is determined a task order requires an option effort, this CLIN will be incorporated in the task order requirements packagage (TORP) and the contractor will price the CLIN when it submits the task order proposal to the Government for evaluation and negotiation purposes. The contractor shall perform this CPFF completion type effort inclusive of the necessary management, facilities, labor, materials, travel, ODC, and subcontracts in accordance with the contract terms and conditions in conjunction with the statement of work titled, “Defense Research, Engineering, Science, and Technology Development (DRES&TD)" Program, and the associated CDRLs DD Form 1423, Exhibits A001 through A040, incorporated in Section J of this contract. Fee will be calculated in accordance with the Section A paragraph in this contract titled, "Fixed Fee". Otherwise, materials, travel, ODC, and subcontracts will be cost reimbursable only. The period of performance for individual task orders shall be specified in each awarded task order. Task orders may include a task order option period for continued support (reference CLIN 0004, Task Order Option Period). In no event shall any task order performance period extend 24 months beyond the last day of the end of the contract ordering period.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
FOB: Destination
PSC CD: AC23
MAX COST UNDEFINED
FIXED FEE UNDEFINED
TOTAL MAX COST + FEE
$0.00 (EST.)
UNIT UNIT PRICE MAX AMOUNT
0005 1 Each NSP Contract Data Requirements List (CDRL)
FFP
The contractor shall perform this effort within the basic contract period of performance to include all option periods in accordance with the contract and individual task order terms and conditions and complete the deliverables as required by the CDRLs DD Form 1423, Exhibits A, incorporated in Section J.
Unless otherwise specified on a task order CDRL, the deliverable as required by each task order CDRL will be due on the 25th of each month.
MAX
NET AMT
UNIT UNIT PRICE MAX AMOUNT
0006 1 Each NSP Contractor Manpower Reporting
FFP
The contractor shall perform this effort within the basic contract period of performance to include all option periods in accordance with the Contractor Manpower Reporting as required by FAR 52.204-15, Service Contract Reporting Requirements for Indefinite Delivery Contracts; and, CDRL A003, Funds and Man-hour Expenditure Report (FMER), incorporated in Section J. The FMER shall include a break-out of each contract line item number (CLIN), each subcontract line item number (SLIN), and the Accounting Classification Reference Number (ACRN), which is assigned to the line of accounting citation on each CLIN/SLIN in Section B and Section G of this contract.
UNIT UNIT PRICE MAX AMOUNT
0007 1 Each NSP Anti-Terrorism (AT)/OPSEC Requirements
FFP
The contractor shall perform this effort within the basic contract period of performance to include all option periods in accordance with the Anti-Terrorism (AT) Operations Security (OPSEC) contract terms and conditions and as required by CDRL A006, Operations Security (OPSEC) Plan, and Attachment 6, AT- OPSEC requirements, incorporated in Section J.
UNIT UNIT PRICE MAX AMOUNT
0008 1 Each NSP Contractor Acquired Property (CAP)
FFP
The contractor is responsible for executing all CAP requirements in accordance with the contract terms and conditions; fulfilling all CAP regulations and policies to include transferring CAP title, accountability, and stewardship to the Government as GFP; completing an inventory list (see Attachment 5 incorporated in Section J of the contract), tagging, labeling, marking, barcoding, packaging, crating, shipping, and disposition of property as required by DFARS 252.211- 7003, Item Unique Identification (IUID) and Valuation, and other property databases; and, reporting any loss of GFP in accordance with DFARS 252.245- 7002 (DEV), Reporting Loss of Government Property. The Contract Data Requirements List (CDRL), DD Form 1423, Exhibit A011, Government Property Inventory Report, is incorporated in Section J of this contract.
NOTE: The requirements in DFARS 252.211-7003, Item Identification and Valuation, are applicable for this line item. The contractor shall provide DoD unique identification or a DoD recognized unique identification equivalent.
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
1.00 $10,000.00 300.00 $89,999,990.00
DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE
The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
1.00 $10,000.00 300.00 $89,999,990.00
CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE
The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
0001 1.00 $10,000.00 100.00 $45,000,000.00 0002 0.00 $0.00 100.00 $22,500,000.00 0003 0.00 $0.00 100.00 $22,499,990.00
CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE
The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.
CLIN
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
0001 1.00
$10,000.00
100.00
$45,000,000.00
$22,500,000.00
$22,499,990.00
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 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
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 18-DEC-2020 TO
17-DEC-2021
N/A USASMDC
USASMDC
5220 VON BRAUN COMPLEX BLDG 1
HUNTSVILLE AL 35898
W31RPD
0002 POP 18-DEC-2021 TO
17-JUN-2022
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 18-JUN-2022 TO
17-DEC-2022
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 18-DEC-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 18-DEC-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 18-DEC-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 18-DEC-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 18-DEC-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
Section G - Contract Administration Data
PAYMENT INSTRUCTIONS - OTHER
SECTION G-PAYMENT INSTRUCTIONS – OTHER [PGI 204.7108(d)(12)]
This contract is a cost-type contract funded by multiple funding types and multiple customers, spanning several years. Funding for the contract line item numbers (CLINs) contained in this contract are received from various funding sources and applied to specific tasks as defined in the funding modifications.
Based on the type of work contracted for and on behalf of the Department of Defense (DOD) customers, payment by CLIN, subcontract line item number (SLIN), and accounting classification reference number (ACRN) is significantly important and using any of the payment methods specified in the table identified in PGI 204.7108(b)(2) would result in the funding resources of one customer being paid for work received by another customer. The contractor completes the effort in a fluid environment; therefore, in order to accurately track and account for funding expenditures in accordance with the specific tasks associated with each funding line, payment instruction at PGI 204.7108(d)(12) "Other" applies as expenditures must reflect the actual work performed, in alignment with the type of funding to avoid violations to the Anti- Deficiency Act.
Payment shall be made in accordance with the Contracting Officer/DCAA approved billing whereby the contractor shall include identification of the CLIN, SLIN, and ACRN on each invoice. This will allow for appropriate contractor invoicing based on the unique customer requirement funding and Contracting Officer’s instructions. This approach also allows for proper matching of the charge to the activity that have received the service/product with the application of the payment to the corresponding entity.
(End of Text)
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
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 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
JUN 2020
52.203-13 Contractor Code of Business Ethics and Conduct JUN 2020 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
JUN 2020
52.203-18 Prohibition on Contracting With Entities That Require Certain Internal Confidentiality Agreements or Statements-- Representation
JAN 2017
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-2 Alt I Security Requirements (Aug 1996) - Alternate I APR 1984 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018 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
52.204-19 Incorporation by Reference of Representations and Certifications.
DEC 2014
52.204-21 Basic Safeguarding of Covered Contractor Information Systems
JUN 2016
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
52.208-8 Required Sources for Helium and Helium Usage Data AUG 2018 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
JUN 2020
52.209-7 Information Regarding Responsibility Matters OCT 2018 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
52.209-13 Violation of Arms Control Treaties or Agreements -- Certification.
JUL 2020
52.210-1 Market Research JUN 2020
52.211-2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST)
APR 2014
52.215-2 Alt II Audit and Records--Negotiation (JUN 2020) - Alternate II AUG 2016 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 (Dev) Subcontractor Certified Cost or Pricing Data (Deviation 2018- O0015)
JUN 2020
52.215-13 (Dev) Subcontractor Certified Cost or Pricing Data - Modifications (Deviation 2018-O0015)
JUN 2020
52.215-14 Integrity of Unit Prices JUN 2020 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-16 Facilities Capital Cost of Money JUN 2003 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
JUN 2020
52.215-22 Limitations on Pass-Through Charges--Identification of Subcontract Effort
OCT 2009
52.215-23 Alt I Limitations on Pass-Through Charges (JUN 2020) - Alternate I
OCT 2009
52.216-8 Fixed Fee JUN 2011 52.216-15 Predetermined Indirect Cost Rates APR 1998 52.217-5 Evaluation Of Options JUL 1990 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-9 Alt II Small Business Subcontracting Plan (JUN 2020) Alternate II NOV 2016 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-22 Previous Contracts And Compliance Reports FEB 1999 52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-46 Evaluation Of Compensation For Professional Employees FEB 1993 52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.223-1 Biobased Product Certification MAY 2012 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-11 Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons.
JUN 2016
52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.
JUN 2016
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
JUN 2020
52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Alt I Privacy Training (JAN 2017) -Alternate I JAN 2017 52.227-1 Alt I Authorization And Consent (JUN 2020) - Alternate I APR 1984 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
JUN 2020
52.227-10 Filing Of Patent Applications--Classified Subject Matter DEC 2007 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.230-2 (Dev) Cost Accounting Standards (DEVIATION 2018-O0015) JUN 2020 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.230-7 Proposal Disclosure--Cost Accounting Practice Change APR 2005 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Alt I Prompt Payment (Jan 2017) Alternate I FEB 2002 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-38 Submission of Electronic Funds Transfer Information with Offer
JUL 2013
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.237-10 Identification of Uncompensated Overtime MAR 2015 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.243-2 Alt V Changes--Cost-Reimbursement (Aug 1987) - Alternate V APR 1984 52.243-6 Change Order Accounting APR 1984 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items AUG 2020 52.245-1 Alt II Government Property (JAN 2017) Alternate II APR 2012 52.245-9 Use And Charges APR 2012 52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984 52.246-8 Inspection Of Research And Development Cost
Reimbursement
MAY 2001
52.246-9 Inspection Of Research And Development (Short Form) APR 1984 52.246-15 Certificate of Conformance APR 1984 52.246-23 Limitation Of Liability FEB 1997 52.246-25 Limitation Of Liability--Services FEB 1997
52.247-29 F.O.B. Origin FEB 2006 52.247-34 F.O.B. Destination NOV 1991 52.249-5 Termination For Convenience Of The Government
(Educational And Other Nonprofit Institutions)
AUG 2016
52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-14 Excusable Delays 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 AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Contract Line or Subline Items Not Separately
Priced
APR 2020
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 252.204-7006 Billing Instructions OCT 2005 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information
OCT 2016
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
252.204-7016 Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services -- Representation
DEC 2019
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services
DEC 2019
252.206-7000 Domestic Source Restriction DEC 1991 252.208-7000 Intent To Furnish Precious Metals As Government--Furnished
Material
DEC 1991
252.209-7003 Reserve Officer Training Corps and Military Recruiting on Campus-Representation
MAR 2012
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
252.209-7005 Reserve Officer Training Corps and Military Recruiting on Campus
MAR 2012
252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7002 Cost Estimating System Requirements DEC 2012 252.215-7010 (Dev) Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data. (DEVIATION 2020-O0020)
AUG 2020
252.215-7011 Requirements for Submission of Proposals to the Administrative Contracting Officer and Contract Auditor.
JAN 2018
252.215-7013 Supplies and Services Provided by Nontraditional Defense Contractors.
JAN 2018
252.217-7027 Contract Definitization DEC 2012 252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2019 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7001 Hazard Warning Labels DEC 1991 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 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
APR 2019
252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2016 252.227-7020 Rights In Special Works JUN 1995 252.227-7025 Limitations on the Use or Disclosure of Government-
Furnished Information Marked with Restrictive Legends
MAY 2013
252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.227-7039 Patents--Reporting Of Subject Inventions APR 1990 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7010 Levies on Contract Payments DEC 2006 252.232-7011 Payments in Support of Emergencies and Contingency
Operations
MAY 2013
252.235-7003 Frequency Authorization MAR 2014 252.235-7011 Final Scientific or Technical Report DEC 2019 252.242-7006 Accounting System Administration FEB 2012 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.244-7001 Contractor Purchasing System Administration MAY 2014 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 (Dev) Reporting Loss of Government Property (DEVIATION 2020- O0004)
FEB 2020
252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7001 Warranty Of Data MAR 2014 252.246-7007 Contractor Counterfeit Electronic Part Detection and
Avoidance System
AUG 2016
CLAUSES INCORPORATED BY FULL TEXT
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAR 2020)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541715.
(2) The small business size standard is 1200.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
(X) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.204-26, Covered Telecommunications Equipment or Services--Representation. This provision applies to all solicitations.
(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(viii) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(ix) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(x) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(xi) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xii) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned.
(xiii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiv) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xvi) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $83,099, the provision with its Alternate II applies.
(D) If the acquisition value is $83,099 or more but is less than $100,000, the provision with its Alternate III applies.
(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
(i) 52.204-17, Ownership or Control of Offeror.
(ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (AUG 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in the provision at 52.204-26, Covered Telecommunications Equipment or Services--Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [ ] will, [ ] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [ ] does, [ ] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For…
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