RFP M67854-23-R-8003-4.docx
DOCX document 173 KB Posted
- Solicitation number
- M6785423R8037
- Issued by
-
United States Marine Corps
About this file
This is a request for proposal for Contractor Logistical Support (CLS) Underwater Egress Training (UET) services. The solicitation seeks proposals to provide CLS UET services at multiple Marine Corps installations for a five year period, with options to extend up to an additional year. Services include phase-in support, UET instruction and maintenance, facility maintenance, travel, surge support, consumables, and data deliverables. Offerors must have experience providing similar UET services and must comply with various regulatory requirements and clauses. The closing date for proposals is TBD at time of award. The selected contractor must register in SPOT and use WAWF for invoicing. The maximum value of the contract is $48 million.
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Text version
M6785423R8003
Section A - Solicitation/Contract Form
A.1.
A.1. DEFINITIONS (JUN 2023)
1. Unless otherwise defined, each of the following terms has the assigned meaning when used in this contract:
0. “CDRL” means Contract Data Requirements List.
0. “CLIN” has the meaning assigned to the term “line item” under FAR 2.101 as of the date of this contract.
0. “CLS” means contractor logistical support.
0. “Contract Specialist” means the contract specialist identified in Item G.1.
0. “FFP” means firm-fixed-price.
0. “Del Mar” means the Del Mar area of Camp Pendleton, California.
0. “IAW” means in accordance with.
0. “MCSC” means the Marine Corps Systems Command.
0. “PCO” means the contracting officer identified in Item G.1.
0. “POP” means period of performance.
0. “TBD” means to be determined.
1. Other Definitional Standards.
1. Item, Exhibit, and Attachment References. Unless otherwise provided, any reference to an item, exhibit, or attachment means an item, exhibit, or attachment of this contract.
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
UNDEFINED
Phase-In
FFP
The Contractor shall provide phase-in services IAW paragraph 3.2.6 of Attachment 1.
MAX
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
0001AA
| 1 |
| Months |
Initial Phase-In
The Contractor shall provide phase-in services IAW paragraph 3.2.6 of Attachment 1.
FOB: Destination
PSC CD: L069
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
0001AB
| 1 |
| Months |
Phase-In - Camp Pendleton, CA (Del Mar)
The Contractor shall provide phase-in services IAW paragraph 3.2.6 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
0001AC
| 1 |
| Months |
Phase-In - Camp Blaz, Guam
The Contractor shall provide phase-in services IAW paragraph 3.2.6 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 60 |
| Months |
UET CLS - Camp Pendleton, CA
The Contractor shall provide UET services, inclusive of training and maintenance services at Camp Pendleton, California, IAW paragraphs 1.2, 3.1, and 3.2 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 60 |
| Months |
UET CLS - Camp Hansen, JPN
The Contractor shall provide UET services, inclusive of training and maintenance services at Camp Hansen, Japan, IAW paragraphs 1.2, 3.1, and 3.2 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 60 |
| Months |
UET CLS - Kaneohe Bay, HI
The Contractor shall provide UET services, inclusive of training and maintenance services at Kaneohe Bay, Hawaii, IAW paragraphs 1.2, 3.1, and 3.2 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 60 |
| Months |
UET CLS - Camp Lejeune, NC
The Contractor shall provide UET services, inclusive of training and maintenance services at Camp Lejeune, North Carolina, IAW Paragraphs 1.2, 3.1, and 3.2 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 60 |
| Months |
Facility Maintenance
The Contractor shall provide Facility Maintenance IAW paragraph 3.2.15.3 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| UNDEFINED |
| Each |
Travel
COST
The Contractor shall provide Travel IAW paragraph 3.2.4 of Attachment 1.
MAX COST
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 696 |
| Hours |
Surge Support- Camp Pendleton, CA
The Contractor shall provide fully staffed Surge Support for each hour of performance IAW paragraphs 3.2.2 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 232 |
| Hours |
Surge Support - Camp Hansen, JPN
The Contractor shall provide fully staffed Surge Support for each hour of performance IAW paragraphs 3.2.2 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 232 |
| Hours |
Surge Support - Kaneohe Bay, HI
The Contractor shall provide fully staffed Surge Support for each hour of performance IAW paragraph 3.2.2 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 544 |
| Hours |
Surge Support - Camp Lejeune, NC
The Contractor shall provide fully staffed Surge Support for each hour of performance IAW paragraph 3.2 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| UNDEFINED |
| Each |
Consumables
The Contractor shall provide Consumables IAW paragraphs 3.1 and 3.2 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
UNDEFINED
Over and Above Work
In accordance with DFARS 252.217-7028, Over and Above Work. The Contractor shall provide Over and Above IAW paragraphs 3.2 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| UNDEFINED |
| Each |
Technical Data and Information
In support of CLINs 0001 through 0013 and 0016 through 0019, the contractor shall provide CDRL submissions IAW paragraphs 3.3, of the PWS, Attachment 1 and Exhibits A, B, D, and F.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 1 |
| Each |
Post Award Conference
The Contractor shall support a postaward conference IAW paragraph 3.2.7.1 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 35 |
| Months |
UET CLS - Camp Pendleton, CA (Del Mar)
The Contractor shall provide UET services, inclusive of training and maintenance services at Camp Pendleton, CA (Del Mar), IAW paragraphs 1.2, 3.1, and 3.2 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 35 |
| Months |
UET CLS - Camp Blaz, Guam
The Contractor shall provide UET services, inclusive of training and maintenance services at Camp Blaz, Guam, IAW paragraphs 1.2, 3.1, and 3.2 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 112 |
| Hours |
Surge Support- Del Mar
The Contractor shall provide fully staffed Surge Support for each hour of performance IAW paragraphs 3.2.2 of Attachment 1.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 112 |
| Hours |
Surge Support- Camp Blaz, Guam
The Contractor shall provide fully staffed Surge Support for each hour of performance IAW paragraphs 3.2.2 of Attachment 1.
MAX
Section C - Descriptions and Specifications
C.1.
C.1. WORK STATEMENT INCORPORATION (JUN 2023)
Attachment 1 is incorporated here by reference with the same force and effect as if done so in full text.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| N/A |
| N/A |
| N/A |
| N/A |
| 0001AA |
| N/A |
| Government |
| N/A |
| Government |
| 0001AB |
| N/A |
| Government |
| N/A |
| Government |
| 0001AC |
| N/A |
| Government |
| N/A |
| 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 |
| 0013 |
| N/A |
| N/A |
| N/A |
| N/A |
| 0014 |
| Destination |
| Government |
| Destination |
| Government |
| 0015 |
| Destination |
| Government |
| Destination |
| Government |
| 0016 |
| N/A |
| Government |
| N/A |
| Government |
| 0017 |
| N/A |
| N/A |
| N/A |
| Government |
| 0018 |
| N/A |
| Government |
| N/A |
| Government |
| 0019 |
| N/A |
| Government |
| N/A |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-2 |
| Inspection Of Supplies--Fixed Price |
| AUG 1996 |
| 52.246-4 |
| Inspection Of Services--Fixed Price |
| AUG 1996 |
| 52.246-5 |
| Inspection Of Services Cost-Reimbursement |
| APR 1984 |
Section F - Deliveries or Performance
F.1.
F.1. ORDERING PERIODS (JUN 2023)
The dates shown in this section under the heading “Delivery Information,” while listed as delivery dates, actually represent ordering periods. Each underlying order will specify its applicable POP or delivery date information.
F.2.
F.2. MINIMUM AND MAXIMUM QUANTITIES (JUN 2023)
As referred to in paragraph (b) of Clause 52.216-22, Indefinite Quantity, of this contract, the contract minimum quantity is any quantity with a value of at least $2,500; the maximum quantity is one with a value not to exceed $[TBD at contract award].
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| DODAAC / CAGE |
| 0001 |
| N/A |
| N/A |
| N/A |
| N/A |
| 0001AA |
| POP 01-JAN-2024 TO |
31-JAN-2024
| N/A |
| PM TRASYS |
DALE JAIRAM
12211 SCIENCE DRIVE
ORLANDO FL 32826
407-381-8868
M67854
| 0001AB |
| POP 01-JUL-2025 TO |
30-JUN-2026
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0001AC |
| POP 01-NOV-2026 TO |
31-OCT-2027
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0002 |
| POP 01-FEB-2024 TO |
31-DEC-2028
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0003 |
| POP 01-FEB-2024 TO |
31-DEC-2028
| N/A |
| COMMANDER, MARCORSYSCOM |
ROBYN INGERHAM
PM TRASYS
12211 SCIENCE DRIVE
ORLANDO FL 32826
M67854
| 0004 |
| POP 01-FEB-2024 TO |
31-DEC-2028
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0005 |
| POP 01-FEB-2024 TO |
31-DEC-2028
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0006 |
| POP 01-FEB-2024 TO |
31-DEC-2028
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0007 |
| POP 01-FEB-2024 TO |
31-DEC-2028
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0008 |
| POP 01-FEB-2024 TO |
31-DEC-2028
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0009 |
| POP 01-FEB-2024 TO |
31-DEC-2028
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0010 |
| POP 01-FEB-2024 TO |
31-DEC-2028
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0011 |
| POP 01-FEB-2024 TO |
31-DEC-2028
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0012 |
| POP 01-FEB-2024 TO |
31-DEC-2028
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0013 |
| N/A |
| N/A |
| N/A |
| N/A |
| 0014 |
| POP 01-FEB-2024 TO |
31-DEC-2028
| N/A |
| PM TRASYS |
DALE JAIRAM
12211 SCIENCE DRIVE
ORLANDO FL 32826
407-381-8868
M67854
| 0015 |
| POP 01-JAN-2024 TO |
11-JAN-2024
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0016 |
| POP 01-FEB-2026 TO |
31-DEC-2028
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0017 |
| POP 01-FEB-2026 TO |
31-DEC-2028
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0018 |
| POP 01-FEB-2026 TO |
31-DEC-2028
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 0019 |
| POP 01-FEB-2026 TO |
31-DEC-2028
| N/A |
| (SAME AS PREVIOUS LOCATION) |
M67854
| 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.
G.1. GOVERNMENT CONTACT POINTS (JUN 2023)
The names and contact information that follows is respectively for the contracting officer and contract specialist with oversight responsibility for this contract:
| Contracting Officer |
| Contract Specialist |
La’Venji Daniels Marine Corps Systems Command
PM TRASYS
12211 Science Drive Orlando, FL 32826 Phone: (703) 712-6305 E-mail: lavenji.daniels@usmc.mil Shaan Charran Marine Corps Systems Command
PM TRASYS
12211 Science Drive Orlando, FL 32826 E-mail: shaan.charran@usmc.mil
G.2.
G.2. PAYMENT INSTRUCTIONS (JUN 2023)
The following web address is for the applicable payment instructions at DFARS PGI 204.7108(b)(2):
<https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions>.
G.3.
G.3. ORDERING ENTITIES (JUN 2023)
Regarding paragraph (a) of Clause 52.216-18, the following individuals or activities may issue orders under this contract:
· The PCO.
· MCSC (M67854).
| 252.201-7000 |
| Contracting Officer's Representative |
| DEC 1991 |
| 252.203-7003 |
| Agency Office of the Inspector General |
| AUG 2019 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
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.
__N/A__________________________________________________________ (Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
__Invoice 2 in 1__________________________________________________________
(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial 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.
__N/A__________________________________________________________
[Note: The Contractor may use a WAWF “combo” document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
| Field Name in WAWF |
| Data to be entered in WAWF |
| Pay Official DoDAAC |
| HQ0871 |
| Issue By DoDAAC |
| M67854 |
| Admin DoDAAC** |
| M67854 |
| Inspect By DoDAAC |
| M67854 |
| Ship To Code |
| N/A |
| Ship From Code |
| N/A |
| Mark For Code |
| N/A |
| Service Approver (DoDAAC) |
| M67854 |
| Service Acceptor (DoDAAC) |
| M67854/EXT TRSY |
| Accept at Other DoDAAC |
| N/A |
| LPO DoDAAC |
| N/A |
| DCAA Auditor DoDAAC |
| N/A |
| Other DoDAAC(s) |
| N/A |
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”) (**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity’s WAWF point of contact.
dale.r.jairam.civ@us.navy.mil (Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section I - Contract Clauses
| 52.202-1 |
| Definitions |
| JUN 2020 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-6 Alt I |
| Restrictions On Subcontractor Sales To The Government (JUN 2020) -- Alternate I |
| NOV 2021 |
| 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 |
| 52.203-15 |
| Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 |
| JUN 2010 |
| 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 |
| 52.204-14 |
| Service Contract Reporting Requirements |
| OCT 2016 |
| 52.204-17 |
| Ownership or Control of Offeror |
| AUG 2020 |
| 52.204-18 |
| Commercial and Government Entity Code Maintenance |
| AUG 2020 |
| 52.204-21 |
| Basic Safeguarding of Covered Contractor Information Systems |
| NOV 2021 |
| 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 |
| 52.204-27 |
| Prohibition on a ByteDance Covered Application |
| JUN 2023 |
| 52.207-3 |
| Right of First Refusal of Employment |
| MAY 2006 |
| 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 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Products and Commercial Services |
| DEC 2022 |
| 52.212-5 |
| Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Products and Commercial Services |
| MAR 2023 |
| 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 (Dev) |
| Subcontractor Certified Cost or Pricing Data (DEVIATION 2022-O0001) |
| OCT 2021 |
| 52.215-13 (Dev) |
| Subcontractor Certified Cost or Pricing Data - Modifications (Deviation 2022-O0001) |
| OCT 2021 |
| 52.215-15 |
| Pension Adjustments and Asset Reversions |
| OCT 2010 |
| 52.215-17 |
| Waiver of Facilities Capital Cost of Money |
| OCT 1997 |
| 52.215-18 |
| Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions |
| JUL 2005 |
| 52.215-19 |
| Notification of Ownership Changes |
| OCT 1997 |
| 52.215-21 |
| Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications |
| NOV 2021 |
| 52.215-23 |
| Limitations on Pass-Through Charges |
| JUN 2020 |
| 52.216-11 |
| Cost Contract--No Fee |
| APR 1984 |
| 52.219-6 |
| Notice Of Total Small Business Set-Aside |
| NOV 2020 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| OCT 2022 |
| 52.219-14 |
| Limitations On Subcontracting |
| OCT 2022 |
| 52.219-27 |
| Notice of Service-Disabled Veteran-Owned Small Business Set-Aside |
| OCT 2022 |
| 52.219-28 |
| Post-Award Small Business Program Rerepresentation |
| SEP 2021 |
| 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 |
| 52.222-26 |
| 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 |
| 52.222-40 |
| 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 |
| 52.223-5 |
| 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 |
| 52.223-15 |
| Energy Efficiency in Energy-Consuming Products |
| MAY 2020 |
| 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 |
| 52.224-1 |
| Privacy Act Notification |
| APR 1984 |
| 52.224-2 |
| Privacy Act |
| APR 1984 |
| 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 |
| 52.227-11 |
| Patent Rights--Ownership By The Contractor |
| MAY 2014 |
| 52.228-5 |
| Insurance - Work On A Government Installation |
| JAN 1997 |
| 52.229-3 |
| Federal, State And Local Taxes |
| FEB 2013 |
| 52.229-11 |
| Tax on Certain Foreign Procurements--Notice and Representation |
| JUN 2020 |
| 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 |
| 52.232-20 |
| Limitation Of Cost |
| APR 1984 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--System for Award Management |
| OCT 2018 |
| 52.232-39 |
| Unenforceability of Unauthorized Obligations |
| JUN 2013 |
| 52.232-40 |
| Providing Accelerated Payments to Small Business Subcontractors |
| NOV 2021 |
| 52.233-1 |
| Disputes |
| MAY 2014 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 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 |
| 52.237-2 |
| Protection Of Government Buildings, Equipment, And Vegetation |
| APR 1984 |
| 52.237-3 |
| Continuity Of Services |
| JAN 1991 |
| 52.242-1 |
| Notice of Intent to Disallow Costs |
| APR 1984 |
| 52.242-4 |
| Certification of Final Indirect Costs |
| JAN 1997 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.243-1 |
| Changes--Fixed Price |
| AUG 1987 |
| 52.243-1 Alt I |
| Changes--Fixed Price (Aug 1987) - Alternate I |
| APR 1984 |
| 52.243-2 Alt II |
| Changes--Cost Reimbursement (Aug 1987) - Alternate II |
| APR 1984 |
| 52.244-2 |
| Subcontracts |
| JUN 2020 |
| 52.244-5 |
| Competition In Subcontracting |
| DEC 1996 |
| 52.244-6 |
| Subcontracts for Commercial Products and Commercial Services |
| JAN 2022 |
| 52.245-1 Alt I |
| Government Property (SEP 2021) Alternate I |
| APR 2012 |
| 52.245-9 |
| Use And Charges |
| APR 2012 |
| 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 |
| 52.249-6 |
| Termination (Cost Reimbursement) |
| MAY 2004 |
| 52.249-8 |
| Default (Fixed-Price Supply & Service) |
| APR 1984 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7004 |
| Display of Hotline Posters |
| JAN 2023 |
| 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 |
| JAN 2023 |
| 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 |
| JAN 2023 |
| 252.204-7018 |
| Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services |
| JAN 2023 |
| 252.204-7019 |
| Notice of NIST SP 800-171 DoD Assessment Requirements |
| MAR 2022 |
| 252.204-7020 |
| NIST SP 800-171 DoD Assessment Requirements |
| JAN 2023 |
| 252.204-7023 Alt I |
| Reporting Requirements for Contracted Services (JUL 2021) Alternate I |
| JUL 2021 |
| 252.204-7024 |
| Notice on the Use of the Supplier Performance Risk System |
| MAR 2023 |
| 252.205-7000 |
| Provision Of Information To Cooperative Agreement Holders |
| DEC 1991 |
| 252.211-7003 |
| Item Unique Identification and Valuation |
| MAR 2022 |
| 252.211-7007 |
| Reporting of Government-Furnished Property |
| MAR 2022 |
| 252.217-7027 |
| Contract Definitization |
| DEC 2012 |
| 252.217-7028 |
| Over And Above Work |
| DEC 1991 |
| 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 |
| 252.223-7999 (Dev) |
| Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009) |
| OCT 2021 |
| 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 |
| 252.225-7015 |
| Restriction on Acquisition of Hand Or Measuring Tools |
| JUN 2005 |
| 252.225-7048 |
| Export-Controlled Items |
| JUN 2013 |
| 252.227-7013 |
| Rights in Technical Data--Other Than Commercial Products and Commercial Services |
| MAR 2023 |
| 252.227-7025 |
| Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends |
| MAY 2013 |
| 252.227-7026 |
| Deferred Delivery Of Technical Data Or Computer Software |
| APR 1988 |
| 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 |
| APR 2022 |
| 252.227-7039 |
| Patents--Reporting Of Subject Inventions |
| APR 1990 |
| 252.231-7000 |
| Supplemental Cost Principles |
| DEC 1991 |
| 252.232-7004 |
| DOD Progress Payment Rates |
| OCT 2014 |
| 252.232-7007 |
| Limitation Of Government's Obligation |
| APR 2014 |
| 252.232-7008 |
| Assignment of Claims (Overseas) |
| JUN 1997 |
| 252.232-7017 |
| Accelerating Payments to Small Business Subcontractors--Prohibition on Fees and Consideration |
| APR 2020 |
| 252.237-7023 |
| Continuation of Essential Contractor Services |
| OCT 2010 |
| 252.239-7001 |
| Information Assurance Contractor Training and Certification |
| JAN 2008 |
| 252.242-7006 |
| Accounting System Administration |
| FEB 2012 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| DEC 2012 |
| 252.244-7000 |
| Subcontracts for Commercial Products or Commercial Services |
| JAN 2023 |
| 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 |
| Reporting Loss of Government Property |
| JAN 2021 |
| 252.245-7003 |
| Contractor Property Management System Administration |
| APR 2012 |
| 252.245-7004 |
| Reporting, Reutilization, and Disposal |
| DEC 2017 |
| 252.246-7003 |
| Notification of Potential Safety Issues |
| JAN 2023 |
| 252.246-7004 |
| Safety of Facilities, Infrastructure, and Equipment for Military Operations |
| OCT 2010 |
CLAUSES INCORPORATED BY FULL TEXT
52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)
(a) Invoicing.
(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.
(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.
(3) The designated payment office will make interim payments for contract financing on the 30th day after the designated billing office receives a proper payment request.
In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.
(b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (b)(2) of the clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only--
(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;
(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for--
(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made--
(1) In accordance with the terms and conditions of a subcontract or invoice; and
(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;
(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;
(C) Direct labor;
(D) Direct travel;
(E) Other direct in-house costs; and
(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and
(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.
(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless--
(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and
(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).
(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.
(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.
(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.
(d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.
(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.
(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.
(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:
(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.
(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts).
(C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool.
(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools.
(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.
(F) Facilities capital cost of money factors computation.
(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost element.
(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.
(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.
(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information).
(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.
(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.
(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.
(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).
(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).
(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:
(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.
(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf and https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf.
(C) Identification of prime contracts under which the contractor performs as a subcontractor.
(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the accounting system has not changed from the previous year's submission).
(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year's submission).
(F) Certified financial statements and other financial data (e.g., trial balance, compilation, review, etc.).
(G) Management letter from outside CPAs concerning any internal control weaknesses.
(H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph G) of this section.
(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government.
(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made.
(K) Federal and State income tax returns.
(L) Securities and Exchange Commission 10-K annual report.
(M) Minutes from board of directors meetings.
(N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.
(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: Contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.
(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost rates.
(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution.
(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.
(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. The completion invoice or voucher shall include settled subcontract amounts and rates. The prime contractor is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher and providing status of subcontractor audits to the contracting officer upon request.
(6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may--
(A) Determine the amounts due to the Contractor under the contract; and
(B) Record this determination in a unilateral modification to the contract.
(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause.
(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates--
(1) Shall be the anticipated final rates; and
(2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment.
(f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied.
(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be (1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs or (2) Adjusted for prior overpayments or underpayments.
(h) Final payment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(5) of this clause, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.
(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver--
(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and
(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except--
(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known;
(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and
(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.
52.216-18 ORDERING. (AUG 2020)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from 1 January 2024 through 31 December 2028, or 30 June 2029, if the option to extend services is exercised.
(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 $1,000.00 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 $48,000,000;
(2) Any order for a combination of items in excess of $48,000,000; or
(3) A series of orders from the same ordering office within 10 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 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
52.216-22 INDEFINITE QUANTITY. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after final delivery date of final delivery order issued during the effective period.
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 a given PoP until five days before the scheduled end date.
52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day of contract expiration; 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 66 months total.
52.245-2 GOVERNMENT PROPERTY INSTALLATION OPERATION SERVICES (APR 2012)
(a) This Government Property listed in paragraph (e) of this clause is furnished to the Contractor in an ``as-is, where is'' condition. The Government makes no warranty regarding the suitability for use of the Government property specified in this contract. The Contractor shall be afforded the opportunity to inspect the Government property as specified in the solicitation.
(b) The Government bears no responsibility for repair or replacement of any lost Government property. If any or all of the Government property is lost or becomes no longer usable, the Contractor shall be responsible for replacement of the property at Contractor expense. The Contractor shall have title to all replacement property and shall continue to be responsible for contract performance.
(c) Unless the Contracting Officer determines otherwise, the Government abandons all rights and title to unserviceable and scrap property resulting from contract performance. Upon notification to the Contracting Officer, the Contractor shall remove such property from the Government premises and dispose of it at Contractor expense.
(d) Except as provided in this clause, Government property furnished under this contract shall be governed by the Government Property clause of this contract.
(e) Government property provided under this clause:
See Section J, GFP List.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/far/
52.252-4 ALTERATIONS IN CONTRACT (APR 1984)
Portions of this contract are altered as follows:
52.228-5 INSURANCE - WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
Regarding paragraph (a), the following supplemental text specifies the kinds and minimum amounts of insurance required:
· Workers’ compensation and employer’s liability. The minimum amount required is $100,000 except in states with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.
· General liability. The minimum amount required is $500,000 per occurrence for bodily injury liability insurance coverage written on the comprehensive form of policy.
· Automobile liability. The minimum amount required is $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.
· Aircraft public and passenger liability. The minimum amount required is $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. The minimum amount required for passenger liability bodily injury is $200,000 multiplied by the number of seats or passengers, whichever is greater.
52.227-7025 LIMITATIONS ON…
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