RFP_ID0419107_11.27.19.docx

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PEO Maritime Requirements Support
Solicitation number
RFP_ID04190107
Issued by

About this file

This is a request for proposal for engineering services to support maritime systems assessments on behalf of United States Special Operations Command and Program Executive Office for Maritime in Tampa, Florida. The contract will focus on maritime systems and engineering efforts in support of mission support and launch/recovery operations. Proposals are due no later than December 16, 2019 at 10:00 AM EST and shall include technical and past performance factors as well as pricing. Questions are due by November 26, 2019 via email to the points of contact listed. The NAICS code is 541330 with a size standard of $38.5 million.

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Section B – Supplies or Services and Prices

B.1 Introduction

The contractor shall provide their pricing in the Request for Proposal (RFP) Pricing Matrix, Attachment A, and shall fill out and sign the SF33 cover page through the GSA business system portal, ASSIST (https://portal.fas.gsa.gov/web/guest). This solicitation is intended for a Single Award Indefinite-Delivery/Indefinite-Quantity (IDIQ) contract for the Program Executive Office (PEO) Maritime Requirements. The Contract will be primarily Cost Plus Fixed Fee (CPFF) with Cost Reimbursable No Fee (CRNF) Item Numbers as noted. The contract will include a 60 month ordering period and one six month option. The six month option will be evaluated as part of the proposal, but will not be placed on contract at time of award. At time of contract award, a task order will be issued to meet the minimum guarantee. The contract minimum guarantee is $200,000.00, and the estimated contact maximum is $62,000,000.00 over the life of the contract. Item Number maximums are only estimates and the Government reserves the right to realign Item Number values so long as the overall contract value does not exceed the estimated $62,000.000.00.

B.2 ITEM NUMBER STRUCTURE

BASE PERIOD ITEM NUMBERS 0001– 0004

Ordering Period 1 February 2020-February 2025

ITEM NO
SERVICES
MAX QUANTITY
UNIT
UNIT PRICE
MAX AMOUNT
1
Lot

LABOR AND MATERIALS

Cost Plus Fixed Fee (CPFF) Completion Reference PWS sections applicable to labor and materials.

MAX

NET AMT

ITEM NO
SERVICES
MAX QUANTITY
UNIT
UNIT PRICE
MAX AMOUNT
1
LOT

CPFF LABOR

Cost Plus Fixed Fee (CPFF) Term Reference PWS sections applicable to labor and Clause H.1.

MAX

ITEM NO
SERVICES
MAX QUANTITY
UNIT
UNIT PRICE
MAX AMOUNT
1
LOT

Travel Cost Reimbursable – No Fee (CRNF) Reference all applicable PWS sections to travel.

MAX

ITEM NO
SUPPLIES
MAX QUANTITY
UNIT
UNIT PRICE
MAX AMOUNT
1
LOT

OTHER DIRECT COSTS

Cost Reimbursable – No Fee (CRNF) Other direct costs required to complete PWS requirements.

MAX

Section C- Descriptions and Specifications

C.1 The contractor shall perform all work in accordance with the Performance Work Statement (PWS) listed as Attachment 1 in Section J and as cited on individual task orders issued under the contract. Additional details regarding DD1423, Contract Data Requirements Lists are specified as Exhibit A, listed in Section J.

C.2 Betterments: Betterments if any, in the Offeror’s Proposal which exceed the minimum performance requirements identified in the PWS and associated documents shall be considered the new "minimum" performance requirements upon award and shall be met by the Contractor.

Section E- Inspection and Acceptance

E.1 Supplies/services will be Inspected/Accepted in accordance with the schedule below unless otherwise indicated on the task order:

ITEM NUMBER
INSPECT AT
INSPECT BY
ACCEPT AT
ACCEPT BY
0001
Origin
Government
Origin
Government
0002
Origin
Government
Origin
Government
0003
Origin
Government
Origin
Government
0004
Origin
Government
Origin
Government

E.2 CLAUSES INCORPORATED BY REFERENCE

52.246-3
Inspection of Supplies—Cost-Reimbursement
MAY 2001
52.246-5
Inspection of Services—Cost-Reimbursement
APR 1984

E.3 Past Performance Information

The Government will provide and record Past Performance Information for task orders over the Simplified Acquisition Threshold utilizing the Contractor Performance Assessment Reporting System (CPARS). The CPARS process allows contractors to view and comment on the Government's evaluation of the contractor's performance before it is finalized. Contractors are required to register, after contract award, at the following web sites and confirm completion of the registration process via email to the Contracting Officer:

CPARS: https://www.cpars.gov/

Section F- Deliveries or Performance

F.1 CLAUSES INCORPORATED BY REFERENCE

52.242-15
Stop-Work Order--Alternate I
APR 1984

F.2 PLACE OF PERFORMANCE

Delivery/performance locations will be at contractor’s facilities IAW the PWS located in Section J, Attachment 1.

Section G- Contract Administration Data

G.1 CONTRACTING OFFICER RESPONSIBILITIES

(a) The Contracting Officer (CO) is the sole and exclusive government official with actual authority to take actions which may bind the Government under this contract.

(b) The right to issue contract modifications, change terms and conditions, and terminate the contract is reserved solely for the Contracting Officer.

G.2 CONTRACTING OFFICER’S REPRESENTATIVE RESPONSIBILITIES

Management of this contract will be performed by the Contracting Officer through the Contracting Officer Representative (COR). The COR will participate in meetings pertaining to the contract and will provide technical assistance and clarification for the performance of this task.

Prior to contract award, the Contracting Officer will appoint a COR and issue a COR Designation Letter stating the authority of the COR. The Contractor shall receive a copy of the written designation.

1. The COR is responsible for monitoring the contractor's progress in fulfilling the technical requirements in the contract. The COR ensures that all required documentation and data are submitted in accordance with the procurement deliverable schedule. Should the contractor fail to fulfill the contractual requirements, the COR must inform the contractor of such failure. The COR will inform the contracting officer of any technical or contractual problems or delays. The COR maintains administration records, approves invoices and performs final inspection and acceptance of work performed under this contract.

1. The COR has no actual, apparent or implied authority to bind the Government. The COR may not grant the contractor permission to deviate from the requirements stated in the contract, nor direct the contractor to perform any work outside the scope of the contract. Changes in the contract requirements, price or terms and conditions will only be made by the CO via properly executed modifications to the Contract.

1. The services to be performed by the contractor during the period of this contract shall at all times and in all places be subject to review by the Contracting Officer or authorized representative(s).

G.3 INVOICE REQUIREMENTS

G.3.1 Payment Information

The contractor shall provide the following payment information for GSA use. It must be an exact match with the information under the contract number in the AAS Business Systems Portal, ITSS Contract Registration (not the contractor’s company or individual representative’s registration) as well as with the information under the contractor’s Data Universal Numbering System (DUNS) number in the System for Award Management (SAM), http://www.sam.gov. Mismatched information will result in rejected purchase orders and payments.

a. Company Name – Legal Business Name and Doing Business As (DBA) Name

b. Mailing Address – Contact and Address Information

c. Remittance Address – Remit To Address Information

d. Employer’s Identification Number – Federal Tax ID

e. DUNS (Data Universal Numbering System)

G.3.2 INVOICE INFORMATION

The invoice shall include the labor charges and other direct costs (ODCs) authorized by the Contract Officer’s Representative (COR) which are within scope of this contract (e.g., travel and/or materials) and reflect the details specified below. The contractor shall provide the following information on each invoice submitted via the GSA ASSIST and the Central Invoice System (CIS) at the following URL: https://portal.fas.gsa.gov/.

a.Invoice Number – do not use any special characters; GSA ASSIST and the invoice must match
b.ACT Number from GSA Form 300
c.GSA Order Number: ID04190107XXX – must match GSA ASSIST
d.Order Number from GSA Form 300
e.Point of Contact and Phone Number
f.Point of Contact eMail Address
g.Remittance Address
h.Period of Performance for the billing period
i.Total Invoice Amount
j.Total invoiced and cumulative Labor charges by Deliverable, skill level, and name.
k.Total invoiced and cumulative Reimbursable Costs. (These must be individually itemized and specified by individual category. Categories are Travel, Training, and Material ODCs).
l.Total invoiced and cumulative Travel Itemized by Individual and Trip (if applicable). Travel charges must include the traveler’s name, location, and dates of travel.
m.Total invoiced and cumulative Training Itemized by Individual and Course (ifapplicable). Training charges must include the employees name, course name, location, and dates.
n.Total invoiced and cumulative Material ODCs and Support Items Itemized by Specific Item, dates delivered, and Amounts (if Applicable).
o.Total invoiced and cumulative Indirect charges (if Applicable).
p.Charges, identified by deliverable or line item(s), with a narrative description of the service performed. Reimbursable costs must be broken out as follows (this list is not all inclusive):
(1)ODC items itemized by specific item and amount
(2)Additional services itemized with attached approval
(3)Broken down by Item Numbers.
q.Grand Total for the Invoice and Cumulative Billed to Date Amounts
r.Unbilled Total
s.Burn Rate
t.Prompt Payment Discount, if offered

Total invoice amount must match the acceptance information posted in GSA ASSIST and cannot exceed the current contract ceiling, and funding.

The Contractor shall invoice in accordance with the Contractor’s accounting cycle on the basis of cost incurred for the Cost type Item Numbers. The Contractor shall provide the invoice data in Microsoft Excel spreadsheet form with the following detailed information along with the capability of filtering values:

●An employee identifier (current and past employee)
●Employee company labor category
●Employee labor category
●Item Number
●Task Order Number
●Proposed Rate by labor category
●Indirect billing rates as proposed on the IDIQ base contract
●Actual Rate by labor category
●Variance (Proposed Labor Rate vs Actual Labor Rate by labor category)
●Current Hours
●Current Amount
●Total Cumulative Hours
●Total Cumulative Amount
●Fixed Fee Amount and per hour fixed fee rate
●Cost incurred not billed
●Time period of hours billed if different than invoiced period

G.3.3 Invoice Submittal

G.3.3.1 A proper invoice shall be submitted not later than ten (10) workdays of each month after completion of the task or deliverables. The invoice must be submitted to GSA ASSIST and the Central Invoice System (CIS) web-based Order Processing System (https://portal.fas.gsa.gov/). The Client Representative (COR) and the GSA Customer Account Manager or Contract Specialist must approve the invoice in CIS prior to payment.

G.3.3.2 The payment information must satisfy a match between CIS and SAM for the invoice to be successfully processed for payment.

G.3.3.3 If the contractor submits a revised invoice, the revised invoice must include: 1) a unique invoice number, 2) a brief explanation, and 3) a cross-reference to any previous invoice submittals for tracking purposes and avoiding duplication.

G.3.3.4 Receipts, travel vouchers, etc. to support charges for other than employee labor hours must be completed in accordance with applicable Government regulations. The contractor shall maintain originals and make them available to the Government upon request. The contractor will also provide copies when requested by the Government.

G.3.3.5 Reimbursable costs must not exceed the limit(s) specified in the task order. The Government will not pay charges that are not specifically identified in the task and approved, in advance, by the Government.

G.3.3.6 Invoices for final payment must be so identified and submitted when the task has been completed and no further charges are to be billed.

G.3.4 Final Invoice/Task Order Closeout

The invoice for final payment must be so identified and submitted within 60 days from task order completion. No further charges are to be billed. The Contractor may request an extension of 60 days from the GSA CO to submit the final invoice. Mark with the word FINAL (even if it is a zero amount). Reimbursable travel costs shall be billed at a predetermined rate and are not subject to final rate approval. After the final invoice has been paid the Contractor shall furnish a completed and signed Release of Claims to the Contracting Officer. This release of claims is due within fifteen (15) calendar days of final payment.

G.4 KICK-OFF MEETING

No later than ten (10) work days following the contract award date, the Contractor shall coordinate with the Contracting Officer, schedule and attend a kick-off meeting to review the contract terms and conditions. The meeting location will be determined by the Government after award. The Government will provide a Kick-Off Meeting Agenda. The Contractor shall update the Kick-Off Meeting Agenda and return a copy of the updated agenda and presentation materials to the Contracting Officer no later than two (2) work days prior to the Kick-Off Meeting. The Contractor shall provide a Meeting Minutes Report to the GSA Contracting Officer (CO) no later than three (3) work days after the meeting.

Section H - Special Contract Requirements

H.1 Cost Plus Fixed Fee - Level of Effort (CPFF LOE) (SEP 2019)

1. Item Number 0002 is a term form cost-plus-fixed-fee (CPFF) level-of-effort (LOE) contract type for labor hours. The Contractor shall not expend any LOE hours absent direction from the Contracting Officer. The required level of effort is (As specified on Task Order) hours of support under Item Number 0002 during the Period of Performance specified in the Task Order.

2. The Contractor shall notify the Contracting Officer when the Contractor expends 85% of the LOE hours specified in Paragraph 1.

3. If the Contractor satisfactorily performs the total LOE hours specified in Paragraph 1 at a lower cost than the cost of Item Number 0002, the Contractor may propose to the Contracting Officer additional LOE hours at an additional fixed fee of $(As specified on Task Order) per LOE hour. Any such proposal shall not propose an amount, when fully totaled, exceeding the total price established in Item Number 0002 or exceeding the limits established in "LIMITATION OF COST" (FAR 52.232-20) or "LIMITATION OF FUNDS" (FAR 52.232-22). The Contractor shall not perform any additional LOE hours proposed without written approval from the Contracting Officer.

4. If, at completion of Item Number 0002, the Contractor has used fewer than the total LOE hours specified in Paragraph 1, the parties agree the fixed fee stated in Item Number 0002 shall be reduced via a Contracting Officer’s unilateral modification by this formula: Fee Reduction = Fixed Fee X [(Awarded LOE Hours - Expended LOE Hours)/ Awarded LOE Hours]

5. Within 60 days after completion of Item Number 0002, the contractor shall submit the following information in writing to the Contracting Officer via ASSIST Post Award Collaborations:

(a) The total number of hours of direct labor expended during the applicable period;

(b) A breakdown of this total showing the number of hours expended in each direct labor classification and associated direct and indirect costs;

(c) A breakdown of other costs incurred (upon CO request);

(d) The contractor's estimate of the total allowable cost incurred under the contract for the period (upon CO request);

(e) The amount by which the estimated cost of this contract may be reduced to recover excess funds in the case of a cost underrun;

(f) A calculation of the appropriate fee reduction in accordance with this clause, in the case of an underrun in hours specified as the total level of effort; and

(g) Subcontractor data supporting the information required in subparagraphs (a) - (g).

6. Nothing herein shall be construed to alter or waive any of the rights or obligations of either party pursuant "LIMITATION OF COST" (FAR 52.232-20) or "LIMITATION OF FUNDS" (FAR 52.232-22).

H.2 SYSTEMS AND CERTIFICATIONS

The following subsections specify requirements of systems and certifications for this contract:

APPROVED PURCHASING SYSTEM

The objective of a Contractor purchasing system assessment is to evaluate the efficiency and effectiveness with which the Contractor spends Government funds and complies with Government policy regarding subcontracting. Prior to the award of this contract, the GSA Contracting Officer (CO) shall verify the validity of the Contractor's purchasing system. Thereafter, the Contractor is required to certify to the GSA CO the continued validity of its purchasing system in each task order proposal. Additionally, if reviews are conducted of the purchasing system after contract award, the Contractor shall provide the results of the review to the GSA CO within ten (10) workdays from the date the results are known to the Contractor. The results shall be submitted to the GSA CO via an action memo submitted through the GSA ASSIST web-based business application.

ADEQUATE ACCOUNTING SYSTEM

The adequacy of the Contractor’s accounting system and its associated internal control system, as well as Contractor compliance with the Cost Accounting Standards (CAS), affect the quality and validity of the Contractor data upon which the Government must rely for its management oversight of the Contractor and contract performance. The Contractor’s cost accounting system shall be adequate during the entire period of performance and shall permit timely development of all necessary cost data in the form required by the contract. The Contractor is required to certify to the GSA CO the continued adequacy of its accounting system in each task order proposal. Additionally, if reviews are conducted of the accounting system after contract award, the Contractor shall provide the results of the review to the GSA CO within ten (10) workdays from the date the results are known to the Contractor. The results shall be submitted to the GSA CO via an action memo submitted through the GSA ASSIST web-based business application.

Section I- Contract clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1
Definitions
JUN 2019
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 2019
52.203-7
Anti-Kickback Procedures
JUN 2019
52.203-7
Anti-Kickback Procedures
JUN 2019
52.203-8
Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity
MAY 2014
52.203-10
Price or Fee Adjustment for Illegal or Improper Activity
MAY 2014
52.203-12
Limitation on Payments to Influence Certain Federal Transactions
JUN 2019
52.203-13
Contractor Code of Business Ethics and Conduct
JUN 2019
52.204-2
Security Requirements
AUG 1996
52.204-4
Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-10
Reporting Executive Compensation and First-Tier Subcontract Awards
JUN 2019
52.204-13
System for Award Management Maintenance
OCT 2018
52.204-18
Commercial and Government Entity Code Maintenance
JUL 2016
52.204-19
Incorporation by Reference of Representations and Certifications
DEC 2014
52.204-23
Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities
JUL 2018
52.204-24
Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment
AUG 2019
52.204-25
Prohibition of Contracting for Certain Telecomunications and Video Surveillance Services or Equipment
AUG 2020
52.209-6
Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment
JUN 2019
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
52.210-1
Market Research
JUN 2019
52.215-2
Audit and Records—Negotiation
JUN 2019
52.215-8
Order of Precedence—Uniform Contract Format
OCT 1997
52.215-11
Price Reduction for Defective Certified Cost or Pricing Data—Modifications
JUN 2019
52.215-13
Subcontractor Certified Cost or Pricing Data—Modifications
OCT 2010
52.215-21
Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data—Modifications
OCT 2010
52.215-23
Limitations on Pass-Through Charges
JUN 2019
52.216-7
Allowable Cost and Payment
AUG 2018
52.216-8
Fixed Fee
JUN 2011
52.216-11
Cost Contract—No Fee
APR 1984
52.219-8
Utilization of Small Business Concerns
OCT 2018
52.219-16
Liquidated Damages - Subcontracting Plan
JAN 1999
52.219-28
Post-Award Small Business Program Rerepresentation
JUL 2013
52.222-2
Payment for Overtime Premiums
JULY 1990
52.222-3
Convict Labor
JUNE 2003
52.222-4
Contract Work Hours and Safety Standards —Overtime Compensation
MAY 2018
52.222-17
Nondisplacement of Qualified Workers
JUN 2019
52.222-21
Prohibition of Segregated Facilities
APR 2015
52.222-26
Equal Opportunity
SEP 2016
52.222-35
Equal Opportunity for Veterans
JUN 2019
52.222-36
Equal Opportunity for Workers with Disabilities
JUN 2019
52.222-37
Employment Reports on Veterans
JUN 2019
52.222-40
Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-41
Service Contract Labor Standards
AUG 2018
52.222-42
Statement of Equivalent Rates for Federal Hires
MAY 2014
52.222-49
Service Contract Labor Standards—Place of Performance Unknown
MAY 2014
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
52.222-62
Paid Sick Leave Under Executive Order 13706
JAN 2017
52.223-2
Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
SEP 2013
52.223-6
Drug-Free Workplace
MAY 2001
52.223-18
Encouraging Contractor Policies to Ban Text Messaging While Driving
JUN 2019
52.223-20
Aerosols
JUN 2016
52.223-21
Foams
JUN 2016
52.225-13
Restrictions on Certain Foreign Purchases
JUN 2008
52.227-1
Authorization and Consent
DEC 2007
52.228-7
Insurance—Liability to Third Persons
MAR 1996
52.230-6
Administration of Cost Accounting Standards
JUNE 2010
52.232-9
Limitation on Withholding of Payments
APR 1984
52.232-17
Interest
MAY 2014
52.232-18
Availability of Funds
APR 1984
52.232-20
Limitation of Cost
APR 1984
52.232-22
Limitation of Funds
APR 1984
52.232-23
Assignment of Claims
MAY 2014
52.232-25
Prompt Payment--Alternate I
FEB 2002
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
DEC 2013
52.233-1
Disputes--Alternate I
DEC 1991
52.233-3
Protest after Award--Alternate I
JUN 1985
52.233-4
Applicable Law for Breach of Contract Claim
OCT 2004
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
52.243-2
Changes—Cost Reimbursement--Alternate I
APR 1984
52.243-2
Changes—Cost Reimbursement--Alternate II
APR 1984
52.244-2
Subcontracts
JUN 2019
52.244-5
Competition in Subcontracting
DEC 1996
52.244-6
Subcontracts for Commercial Items
AUG 2019
52.245-1
Government Property
JAN 2017
52.245-9
Use and Charges
APR 2012
52.246-25
Limitation of Liability—Services
FEB 1997
52.249-6
Termination (Cost-Reimbursement)
MAY 2004
52.249-14
Excusable Delays
APR 1984
52.250-1
Indemnification under Public Law 85-804--Alternate I
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
252.203-7004
Display of Hotline Posters
AUG 2019
252.204-7000
Disclosure of Information
OCT 2016
252.204-7002
Payment for Subline Items Not Separately Priced
DEC 1991
252.204-7003
Control of Government Personnel Work Product
APR 1992
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
OCT 2016
252.204-7015
Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
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
252.211-7007
Reporting of Government-Furnished Property
AUG 2012
252.219-7003
Small Business Subcontracting Plan (DoD Contracts)--Basic
MAY 2019
252.222-7006
Restrictions on the Use of Mandatory Arbitration Agreements
DEC 2010
252.223-7004
Drug-Free Work Force
SEP 1988
252.225-7001
Buy American and Balance of Payments Program--Basic
DEC 2017
252.225-7002
Qualifying Country Sources as Subcontractors
DEC 2017
252.225-7012
Preference for Certain Domestic Commodities
DEC 2017
252.225-7048
Export-Controlled Items
JUNE 2013
252.227-7013
Rights in Technical Data--Noncommercial Items
FEB 2014
252.227-7016
Rights in Bid or Proposal Information
JAN 2011
252.227-7025
Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends
MAY 2013
252.227-7030
Technical Data--Withholding of Payment
MAR 2000
252.227-7037
Validation of Restrictive Markings on Technical Data
SEP 2016
252.231-7000
Supplemental Cost Principles
DEC 1991
252.232-7010
Levies on Contract Payments
DEC 2006
252.239-7016
Telecommunications Security Equipment, Devices, Techniques, and Services
DEC 1991
252.242-7005
Contractor Business Systems
FEB 2012
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--Basic
MAY 2014
252.245-7002
Reporting Loss of Government Property
DEC 2017
252.245-7003
Contractor Property Management System Administration
APR 2012
252.245-7004
Reporting, Reutilization, and Disposal
DEC 2017
252.251-7000
Ordering From Government Supply Sources
AUG 2012
552.204-9
Personal Identity Verification Requirements
SEP 1999
552.215-73
Notice
JUL 2016
552.217-71
Notice Regarding Option(s)
NOV 1992
552.215-70
Examination of Records by GSA
JUL 2016
552.216-75
Transactional Data Reporting
JUN 2016
552.216-72
Placement of Order ALT I
JAN 2016
552.217-71
Notice Regarding Option(s)
NOV 1992
552.232-1
Payments
NOV 2009
552.232-25
Prompt Payment
NOV 2009

CLAUSES INCORPORATED BY FULL TEXT

52.204-21
Basic Safeguarding of Covered Contractor Information Systems
JUN 2016

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

“Federal contract information” means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

“Information” means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

“Information system” means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).

“Safeguarding” means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements.This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

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 $200,000.00, 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 $10,000,000:

(2) Any order for a combination of items in excess of $62,000,000.00; or

(3) A series of orders from the same ordering office within 90 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e.,includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs(b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within _10__ days after issuance, with written notice stating the Contractor’s intent not to provide the services called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22
Indefinite Quantity
OCT 1995

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the “maximum.” The Government shall order at least the quantity of supplies or services designated in the Schedule as the “minimum.”

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that order to the same extent as if the order were completed during the contract’s effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the completion date of any order issued during the effective period of this contract within the time specified in the order.

(End of clause)

52.217-8
Option to Extend Services
NOV 1999

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days prior to the completion of the contract’s final ordering period.

(End of Clause)

52.219-9
Small Business Subcontracting Plan (DEVIATION) 2018-O0018
JUN 2019

(a) This clause does not apply to small business concerns.

(b) Definitions. As used in this clause— “Alaska Native Corporation (ANC)” means any Regional Corporation, Village Corporation, Urban Corporation, or Group Corporation organized under the laws of the State of Alaska in accordance with the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1601, et seq.) and which is considered a minority and economically disadvantaged concern under the criteria at 43 U.S.C. 1626(e)(1). This definition also includes ANC direct and indirect subsidiary corporations, joint ventures, and partnerships that meet the requirements of 43 U.S.C. 1626 (e)(2).

“Commercial item” means a product or service that satisfies the definition of commercial item in section 2.101 of the Federal Acquisition Regulation.

“Commercial plan” means a subcontracting plan (including goals) that covers the offeror’s fiscal year and that applies to the entire production of commercial items sold by either the entire company or a portion thereof (e.g., division, plant, or product line).

“Electronic Subcontracting Reporting System (eSRS)” means the Governmentwide, electronic, web-based system for small business subcontracting program reporting. The eSRS is located at http://www.esrs.gov.

“Indian tribe” means any Indian tribe, band, group, pueblo, or community, including native villages and native groups (including corporations organized by Kenai, Juneau, Sitka, and Kodiak) as defined in the Alaska Native Claims Settlement Act (43 U.S.C.A. 1601 et seq.), that is recognized by the Federal Government as eligible for services from the Bureau of Indian Affairs in accordance with 25 U.S.C. 1452(c). This definition also includes Indian-owned economic enterprises that meet the requirements of 25 U.S.C. 1452(e).

“Individual subcontracting plan” means a subcontracting plan that covers the entire contract period (including option periods), applies to a specific contract, and has goals that are based on the offeror’s planned subcontracting in support of the specific contract, except that indirect costs incurred for common or joint purposes may be allocated on a prorated basis to the contract.

“Master subcontracting plan” means a subcontracting plan that contains all the required elements of an individual subcontracting plan, except goals, and may be incorporated into individual subcontracting plans, provided the master subcontracting plan has been approved.

“Reduced payment” means a payment that is for less than the amount agreed upon in a subcontract in accordance with its terms and conditions, for supplies and services for which the Government has paid the prime contractor.

“Subcontract” means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime Contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract.

“Total contract dollars” means the final anticipated dollar value, including the dollar value of all options.

“Untimely payment” means a payment to a subcontractor that is more than 90 days past due under the terms and conditions of a subcontract for supplies and services for which the Government has paid the prime contractor.

(c)

(1) The Offeror, upon request by the Contracting Officer, shall submit and negotiate a subcontracting plan, where applicable, that separately addresses subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns. If the Offeror is submitting an individual subcontracting plan, the plan must separately address subcontracting with small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns, with a separate part for the basic contract and separate parts for each option (if any). The subcontracting plan shall be included in and made a part of the resultant contract. The subcontracting plan shall be negotiated within the time specified by the Contracting Officer. Failure to submit and negotiate the subcontracting plan shall make the Offeror ineligible for award of a contract.

(2)

(i) The Contractor may accept a subcontractor's written representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business if the subcontractor represents that the size and socioeconomic status representations with its offer are current, accurate, and complete as of the date of the offer for the subcontract.

(ii) The Contractor may accept a subcontractor's representations of its size and socioeconomic status as a small business, small disadvantaged business, veteran-owned small business, service-disabled veteran-owned small business, or a women-owned small business in the System for Award Management (SAM) if--

(A) The subcontractor is registered in SAM; and

(B) The subcontractor represents that the size and socioeconomic status representations made in SAM are current, accurate and complete as of the date of the offer for the subcontract.

(iii) The Contractor may not require the use of SAM for the purposes of representing size or socioeconomic status in connection with a subcontract.

(iv) In accordance with 13 CFR 121.411, 124.1015, 125.29, 126.900, and 127.700, a contractor acting in good faith is not liable for misrepresentations made by its subcontractors regarding the subcontractor's size or socioeconomic status.

(d) The Offeror’s subcontracting plan shall include the following:

(1) Separate goals, expressed in terms of total dollars subcontracted, and as a percentage of total planned subcontracting dollars, for the use of small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns as subcontractors. For individual subcontracting plans, and if required by the Contracting Officer, goals shall also be expressed in terms of percentage of total contract dollars, in addition to the goals expressed as a percentage of total subcontract dollars. The Offeror shall include all subcontracts that contribute to contract performance, and may include a proportionate share of products and services that are normally allocated as indirect costs. In accordance with 43 U.S.C. 1626--

(i) Subcontracts awarded to an ANC or Indian tribe shall be counted towards the subcontracting goals for small business and small disadvantaged business concerns, regardless of the size or Small Business Administration certification status of the ANC or Indian tribe; and

(ii) Where one or more subcontractors are in the subcontract tier between the prime Contractor and the ANC or Indian tribe, the ANC or Indian tribe shall designate the appropriate Contractor(s) to count the subcontract towards its small business and small disadvantaged business subcontracting goals.

(A) In most cases, the appropriate Contractor is the Contractor that awarded the subcontract to the ANC or Indian tribe.

(B) If the ANC or Indian tribe designates more than one Contractor to count the subcontract toward its goals, the ANC or Indian tribe shall designate only a portion of the total subcontract award to each Contractor. The sum of the amounts designated to various Contractors cannot exceed the total value of the subcontract.

(C) The ANC or Indian tribe shall give a copy of the written designation to the Contracting Officer, the prime Contractor, and the subcontractors in between the prime Contractor and the ANC or Indian tribe within 30 days of the date of the subcontract award.

(D) If the Contracting Officer does not receive a copy of the ANC’s or the Indian tribe’s written designation within 30 days of the subcontract award, the Contractor that awarded the subcontract to the ANC or Indian tribe will be considered the designated Contractor.

(2) A statement of—

(i) Total dollars planned to be subcontracted for an individual subcontracting plan; or the Offeror’s total projected sales, expressed in dollars, and the total value of projected subcontracts to support the sales for a commercial plan;

(ii) Total dollars planned to be subcontracted to small business concerns (including ANC and Indian tribes);

(iii) Total dollars planned to be subcontracted to veteran-owned small business concerns;

(iv) Total dollars planned to be subcontracted to service-disabled veteran-owned small business;

(v) Total dollars planned to be subcontracted to HUBZone small business concerns;

(vi) Total dollars planned to be subcontracted to small disadvantaged business concerns (including ANCs and Indian tribes); and

(vii) Total dollars planned to be subcontracted to women-owned small business concerns.

(3) A description of the principal types of supplies and services to be subcontracted, and an identification of the types planned for subcontracting to --

(i) Small business concerns,

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns, and

(vi) Women-owned small business concerns.

(4) A description of the method used to develop the subcontracting goals in paragraph (d)(1) of this clause.

(5) A description of the method used to identify potential sources for solicitation purposes (e.g., existing company source lists, SAM, veterans service organizations, the National Minority Purchasing Council Vendor Information Service, the Research and Information Division of the Minority Business Development Agency in the Department of Commerce, or small, HUBZone, small disadvantaged, and women-owned small business trade associations). A firm may rely on the information contained in SAM as an accurate representation of a concern’s size and ownership characteristics for the purposes of maintaining a small, veteran-owned small, service-disabled veteran-owned small, HUBZone small, small disadvantaged, and women-owned small business source list. Use of SAM as its source list does not relieve a firm of its responsibilities (e.g., outreach, assistance, counseling, or publicizing subcontracting opportunities) in this clause.

(6) A statement as to whether or not the Offeror included indirect costs in establishing subcontracting goals, and a description of the method used to determine the proportionate share of indirect costs to be incurred with --

(i) Small business concerns (including ANC and Indian tribes);

(ii) Veteran-owned small business concerns;

(iii) Service-disabled veteran-owned small business concerns;

(iv) HUBZone small business concerns;

(v) Small disadvantaged business concerns (including ANC and Indian tribes); and

(vi) Women-owned small business concerns.

(7) The name of the individual employed by the Offeror who will administer the Offeror’s subcontracting program, and a description of the duties of the individual.

(8) A description of the efforts the Offeror will make to assure that small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns have an equitable opportunity to compete for subcontracts.

(9) Assurances that the Offeror will include the clause of this contract entitled “Utilization of Small Business Concerns” in all subcontracts that offer further subcontracting opportunities, and that the Offeror will require all subcontractors (except small business concerns) that receive subcontracts in excess of $700,000 ($1.5 million for construction of any public facility) with further subcontracting possibilities to adopt a subcontracting plan that complies with the requirements of this clause.

(10) Assurances that the Offeror will --

(i) Cooperate in any studies or surveys as may be required;

(ii) Submit periodic reports so that the Government can determine the extent of compliance by the Offeror with the subcontracting plan;

(iii) After November 30, 2017, include subcontracting data for each order when reporting subcontracting achievements for indefinite-delivery, indefinite-quantity contracts with individual subcontracting plans where the contract is intended for use by multiple agencies;

(iv) Submit the Individual Subcontract Report (ISR) and/or the Summary Subcontract Report (SSR), in accordance with paragraph (l) of this clause using the Electronic Subcontracting Reporting System (eSRS) at http://www.esrs.gov. The reports shall provide information on subcontract awards to small business concerns (including ANCs and Indian tribes that are not small businesses), veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns (including ANCs and Indian tribes that have not been certified by SBA as small disadvantaged businesses), women-owned small business concerns, and for NASA only, Historically Black Colleges and Universities and Minority Institutions. Reporting shall be in accordance with this clause, or as provided in agency regulations;

(v) Ensure that its subcontractors with subcontracting plans agree to submit the ISR and/or the SSR using eSRS;

(vi) Provide its prime contract number, its unique entity identifier, and the email address of the Offeror's official responsible for acknowledging receipt of or rejecting the ISRs, to all first-tier subcontractors with subcontracting plans so they can enter this information into the eSRS when submitting their ISRs; and

(vii) Require that each subcontractor with a subcontracting plan provide the prime contract number, its own unique entity identifier, and the email address of the subcontractor's official responsible for acknowledging receipt of or rejecting the ISRs, to its subcontractors with subcontracting plans.

(11) A description of the types of records that will be maintained concerning procedures that have been adopted to comply with the requirements and goals in the plan, including establishing source lists; and a description of the offeror’s efforts to locate small business, veteran-owned small business, service-disabled veteran-owned small business, HUBZone small business, small disadvantaged business, and women-owned small business concerns and award subcontracts to them. The records shall include at least the following (on a plant-wide or company-wide basis, unless otherwise indicated):

52.230-2
Cost Accounting Standards Notices And Certification (DEVIATION 2018-O0015)
MAY 2018

NOTE: This notice does not apply to small businesses or foreign governments. This notice is in three parts, identified by Roman numerals I through III.

Offerors shall examine each part and provide the requested information in order to determine Cost Accounting Standards (CAS) requirements applicable to any resultant contract.

If the offeror is an educational institution, Part II does not apply unless the contemplated contract will be subject to full or modified CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.

I. DISCLOSURE STATEMENT—COST ACCOUNTING PRACTICES AND CERTIFICATION

(a) Any contract in excess of $2 million resulting from this solicitation will be subject to the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99), except for those contracts which are exempt as specified in 48 CFR 9903.201-1.

(b) Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of 48 CFR Chapter 99 must, as a condition of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202.

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