Section_I Apr 15 08.doc
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- Regional Telecommunications Acquisition Services (RTAS) Federal contract opportunity
- Solicitation number
- RTAS-RFP-08002
- Issued by
- GSA Federal Acquisition Service
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Section I
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RTAS RFP 08002
Table of Contents
Section I: Clauses Incorporated By Reference Section
Page 2I.1 52.252-2 Clauses Incorporated by Reference (FEB 1998)
6I.2 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989)
6I.3 52.222-49 Service Contract Act—Place of Performance Unknown (MAY 1989) Reserved
6I.4 52.216-18 Ordering (OCT 1995)
6I.5 52.216-19 Order Limitations (OCT 1995)
7I.6 52.216-22 Indefinite Quantity (OCT 1995)
7I.7 52.217-9 Option to Extend the Term of the Contract (MAR 2000)
7I.8 52.217-8 Option to Extend Services (NOV 1999)
8I.9.
52.233-2 Service of Protest (AUG 1996).
8I.10 552.203-71 Restriction on Advertising (SEP 1999)
8I.11 552.211-15 Defense Priorities and Allocations System Requirements (Sept 2004)
9I.12 552.215-70 Examination of Records by GSA (FEB 1996)
9I.13 552.217-71 Notice Regarding Option(s) (Nov 1992)
9I.14 552.219-72 Preparation, Submission, and Negotiation of Subcontracting Plans (June 2005)
10I.15 552.228-70 Workers’ Compensation Laws (SEP 1999)
10I.16 552.232-23 Assignment of Claims (SEP 1999)
10I.17 552.232-73 Availability of Funds (SEP 1999)
11I.18 552.232-77 Payment By Governmentwide Commercial Purchase Card (MAR 2000)
11I.19 552.232-78 Payment Information (JUL 2000)
11I.20 552.233-70 Protests Filed Directly with the General Services Administration (MAR 2000)
13I.21 552.252-6 Authorized Deviations in Clauses (SEP 1999)
13I.22
RESERVED
13I.23 552.232-76 Electronic Funds Transfer Payment (MAR 2000)
I.24 Continuity of Services (Moved to Section H)
I.1 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 these addresses:
FEDERAL ACQUISITION REGULATION:
http://www.arnet.gov/far/
GENERAL SERVICE ADMINISTRATION ACQUISITION MANUAL:
http://www.arnet.gov/GSAM/gsam.html
| Clause No. |
| FAR Clause No. |
| Title and Date |
| I.1.1 |
| 52.202-1 |
| Definitions (JULY 2004) |
| I.1.2 |
| 52.203-3 |
| Gratuities (APR 1984) |
| I.1.3 |
| 52.203-5 |
| Covenant Against Contingent Fees (APR 1984) |
| I.1.4 |
| 52.203-6 |
| Restrictions on Subcontractor Sales to the Government (JUL 1995) |
| I.1.5 |
| 52.203-7 |
| Anti-Kickback Procedures (JUL 1995) |
| I.1.6 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or |
Improper Activity (JAN 1997)
| I.1.7 |
| 52.203-10 |
| Price or Fee Adjustment for Illegal or Improper Activity (JAN 1997) |
| I.1.8 |
| 52.203-11 |
| Certification and Disclosure Regarding Payments to Influence Certain |
Federal Transactions (SEP 2005)
| I.1.9 |
| 52.203-12 |
| Limitation on Payments to Influence Certain Federal Transactions |
(SEPT 2005)
| I.1.10 |
| 52.204-2 |
| Security Requirements (AUG 1996) |
| I.1.11 |
| 52.204-4 |
| Printing/Copying Double-Sided on Recycled Paper (AUG 2000) |
| I.1.10 |
| 52.204-7 |
| Central Contractor Registration (JUL 2006) |
| I.1.11 |
| 52.204-8 |
| Annual Representations and Certifications (JAN 2006) |
| I.1.12 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel (JAN 2006) |
| I.1.13 |
| 52.209-5 |
| Certification Regarding Debarment, Suspension, Proposed Debarment |
and Other Responsibility Matters (DEC 2001)
| I.1.14 |
| 52.209-6 |
| Protecting the Government’s Interest when Subcontracting with |
Contractors Debarred, Suspended, or Proposed for Debarment
(JAN 2005)
| I.1.15 |
| 52.211-5 |
| Material Requirements (AUG 2000) |
| I.1.16 |
| 52.211-11 |
| Liquidated Damages-Supplies, Services or Research and Development |
(SEP 2000) ****NOTE: The individual task orders will specify the amount applicable to each task order.
| I.1.17 |
| 52.211-14 |
| Notice of Priority Rating for National Defense Use (SEP 1990) |
| I.1.18 |
| 52.215-2 |
| Audit and Records - Negotiation (JUN 1999) |
| I.1.19 |
| 52.215-8 |
| Order of Precedence - Uniform Contract Format (OCT 1997) |
| I.1.20 |
| 52.215-10 |
| Price Reduction for Defective Cost or Pricing Data (OCT 1997) |
| I.1.21 |
| 52.215-12 |
| Subcontractor Cost or Pricing Data (OCT 1997) |
| I.1.22 |
| 52.215-14 |
| Integrity of Unit Prices (OCT 1997) |
| I.1.23 |
| 52.215.15 |
| Pension Adjustments and Asset Reversions (OCT 2004) |
| I.1.24 |
| 52.215-16 |
| Facilities Capital Cost of Money (JUNE 2003) |
| I.1.25 |
| 52.215-17 |
| Waiver of Facilities Capital Cost of Money (OCT 1997) |
| I.1.26 |
| 52.215-18 |
| Reversion or Adjustment of Plans for Post Retirement Benefits (PRS) Other Than Pensions (July 2005) |
| I.1.27 |
| 52.215-20 |
| Requirements for Cost or Pricing Data or Information Other Than Cost |
or Pricing Data (OCT 1997)
| I.1.28 |
| 52.217-2 |
| Cancellation Under Multi-Year Contracts (OCT 1997) |
| I.1.29 |
| 52.217-5 |
| Evaluation of Options (JULY 1990) |
| I.1.30 |
| 52.219-8 |
| Utilization of Small Business Concerns (MAY 2004) |
| I.1.31 |
| 52.219-9 |
| Small Businesses Subcontracting Plan (JUL 2005) Alternate II (OCT 2001) |
| I.1.32 |
| 52.219-16 |
| Liquidated Damages - Subcontracting Plan (JAN 1999) |
| I.1.33 |
| 52.222-1 |
| Notice to the Government of Labor Disputes (FEB 1997) |
| I.1.34 |
| 52.222-3 |
| Convict Labor (JUN 2003) |
| I.1.35 |
| 52.222-4 |
| Contract Work Hours and Safety Standards Act—Overtime |
Compensation (JULY 2005)
| I.1.36 |
| 52.222-21 |
| Prohibition of Segregated Facilities (FEB 1999) |
| I.1.37 |
| 52.222-26 |
| Equal Opportunity (APR 2002) |
| I.1.38 |
| 52.222-35 |
| Equal Opportunity for Special Disabled Veterans and Veterans of the |
Vietnam Era and Other Eligible Veterans (DEC 2001)
| I.1.39 |
| 52.222-36 |
| Affirmative Action for Workers with Disabilities (JUN 1998) |
| I.1.40 |
| 52.222-37 |
| Employment Reports on Special Disabled Veterans and Veterans of the Vietnam Era and Other Eligible Veterans (DEC 2001) |
| I.1.41 |
| 52.222-39 |
| Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) |
| I.1.42 |
| 52.222-41 |
| Service Contract Act of 1965, As Amended (JULY 2005) |
| I.1.43 |
| 52.222-43 |
| Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (MAY 1989) |
| I.1.44 |
| 52.222-46 |
| Evaluation of Compensation for Professional Employees (FEB 1993) |
| I.1.45 |
| 52.222-48 |
| Exemption from Application of Service Contract Act Provisions for |
Maintenance, Calibration, and/or Repair of Certain Information
Technology, Scientific and Medical and/or Office and Business
Equipment—Contractor Certification (JUN 2006)
| I.1.46 |
| 52.222-50 |
| Combating Trafficking in Persons (APR 2006) |
| I.1.47 |
| 52.223-5 |
| Pollution, Prevention and Right-to-Know Information Alternate I and II |
(AUG 2003)
| I.1.48 |
| 52.223-6 |
| Drug-Free Workplace (MAY 2001) |
| I.1.49 |
| 52.223-14 |
| Toxic Chemical Release Reporting (AUG 2003) |
| I.1.50 |
| 52.225-1 |
| Buy American Act – Supplies (JUN 2003) |
| I.1.51 |
| 52.225-2 |
| Buy American Act Certificate (JUNE 2003) |
| I.1.52 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases (FEB 2006) |
| I.1.53 |
| 52.227-1 |
| Authorization and Consent (JUL 1995) Alternate II (APR 1984) |
| I.1.54 |
| 52.227-2 |
| Notice and Assistance Regarding Patent and Copyright Infringement |
(AUG 1996)
| I.1.55 |
| 52.227-3 |
| Patent Indemnity (APR 1984) Alternate III (JULY 1995) |
| I.1.56 |
| 52.227-11 |
| Patent Rights—Retention by the Contractor (Short Form) (JUNE 1997) |
| I.1.57 |
| 52.227-13 |
| Patent Rights—Acquisition by the Government (JAN 1997) |
| I.1.58 |
| 52.227-14 |
| Rights in Data - General (JUN 1987) |
Alternates I, II, III, and V (JUN 1987)
Alternate II: Add paragraph (g)(2), Limited Rights Notice and subparagraph (a), additional purposes:
Use (except for manufacture) by support service Contractors.
| I.1.59 |
| 52.227-16 |
| Additional Data Requirements (JUN1987) |
| I.1.60 |
| 52.227-19 |
| Commercial Computer Software – Restricted Rights (JUN 1987) |
| I.1.61 |
| 52.227-22 |
| Major System – Minimum Rights (JUN 1987) |
| I.1.62 |
| 52.228-5 |
| Insurance - Work on a Government Installation (JAN 1997) |
| I.1.63 |
| 52.229-3 |
| Federal, State, and Local Taxes (APR 2003) |
| I.1.64 |
| 52.230-2 |
| Cost Accounting Standards (APR 1998) |
| I.1.65 |
| 52.230-3 |
| Disclosure and Consistency of Cost Accounting Practices (APR 1998) |
| I.1.66 |
| 52.230-6 |
| Administration of Cost Accounting Standards (APR 2005) |
| I.1.67 |
| 52.232-1 |
| Payments (APR 1984) |
| I.1.68 |
| 52.232-6 |
| Payments Under Communication Service Contracts with Common |
Carriers (APR 1984)
| I.1.69 |
| 52.232-7 |
| Payments Under Time and Material and Labor Hour Contracts (AUG 2005) Alternate I (MAR 2000) |
| I.1.70 |
| 52.232-8 |
| Discounts for Prompt Payment (FEB 2002) |
| I.1.71 |
| 52.232-9 |
| Limitation of Withholding of Payments (APR 1984) |
| I.1.72 |
| 52.232-11 |
| Extras (APR 1984) |
| I.1.73 |
| 52.232-17 |
| Interest (JUN 1996) |
| I.1.74 |
| 52.232-23 |
| Assignment of Claims (JAN 1986) |
| I.1.75 |
| 52.232-25 |
| Prompt Payment (OCT 2003) |
| I.1.76 |
| 52.232-33 |
| Payment by Electronic Funds Transfer- Central Contractor |
Registration (OCT 2003)
| I.1.77 |
| 52.232-37 |
| Multiple Payment Arrangements (MAY 1999) |
| I.1.78 |
| 52.233-1 |
| Disputes (JUL 2002), Alternate I (DEC 1991) |
| I.1.79 |
| 52.233-3 |
| Protest After Award (AUG 1996) |
| I.1.80 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim (OCT 2004) |
| I.1.81 |
| 52.234-1 |
| Industrial Resources Developed Under Defense Production Act |
Title III (DEC 1994)
| I.1.82 |
| 52.237-2 |
| Protection of Government Buildings, Equipment, and Vegetation |
(APR 1984)
I.1.83
Reserved
| I.1.84 |
| 52.239-1 |
| Privacy or Security Safeguards (AUG 1996) |
| I.1.85 |
| 52.242-1 |
| Notice of Intent to Disallow Costs (APR 1984) |
| I.1.86 |
| 52.242-2 |
| Production Progress Reports (APR 1991) |
| I.1.87 |
| 52.242-13 |
| Bankruptcy (JUL 1995) |
| I.1.88 |
| 52.242-15 |
| Stop Work Order (AUG 1989) |
| I.1.89 |
| 52.242-17 |
| Government Delay of Work (APR 1984) |
| I.1.90 |
| 52.243-1 |
| Changes - Fixed Price (AUG 1987), Alternate II (APR 1984) |
| I.1.91 |
| 52.244-5 |
| Competition in Subcontracting (DEC 1996) |
| I.1.92 |
| 52.244-6 |
| Subcontracts for Commercial Items (FEB 2006) |
| I.1.93 |
| 52.245-4 |
| Government Furnished Property (Short Form) (JUNE 2003) |
| I.1.94 |
| 52.246-20 |
| Warranty of Services (May 2001) |
| I.1.95 |
| 52.246-23 |
| Limitation of Liability (FEB 1997) |
| I.1.96 |
| 52.246-25 |
| Limitation of Liability - Services (FEB 1997) |
| I.1.97 |
| 52.249-2 |
| Termination for Convenience of the Government (Fixed-Price) |
(MAY 2004)
| I.1.98 |
| 52.249-4 |
| Termination for Convenience of the Government (Services) |
(Short Form) ) (APR 1984)
| I.1.99 |
| 52.249-8 |
| Default (Fixed-Price Supply and Services) (APR 1984) |
| I.1.100 |
| 52.253-1 |
| Computer Generated Forms (JAN 1991) |
| I.1.101 |
| 52.252-4 |
| Alterations in Contract (APR 1984) |
I.2 52.222-42 Statement of Equivalent Rates for Federal Hires (MAY 1989) In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
This Statement is for Information Only:
It is not a Wage Determination
| Employee Class |
| Monetary Wage—Fringe Benefits |
| _____________ |
| ____________________________ |
| _____________ |
| ____________________________ |
| _____________ |
| ____________________________ |
| _____________ |
| ____________________________ |
I.3 Reserved
52.222-49 Service Contract Act—Place of Performance Unknown (MAY 1989)
(a) This contract is subject to the Service Contract Act, and the place of performance was unknown when the solicitation was issued. In addition to places or areas identified in wage determinations, if any, attached to the solicitation, wage determinations have also been requested for the following: none. The Contracting Officer will request wage determinations for additional places or areas of performance if asked to do so in writing by close of business 30 calendar days after release of the Request for Proposal.
(b) Offerors who intend to perform in a place or area of performance for which a wage determination has not been attached or requested may nevertheless submit bids or proposals. However, a wage determination shall be requested and incorporated in the resultant contract retroactive to the date of contract award, and there shall be no adjustment in the contract price.
I.4 52.216-18 Ordering (OCT 1995)
(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders by the individuals or activities designated in the contract. Such orders may be issued from date of award through the life of this contract.
(b) All delivery orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order and this contract, the contract shall control.
(c) If mailed, a delivery order is considered “issued” when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.
I.5 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 $50.00, 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 $1,000,000.00;
(2) Any order for a combination of items in excess of $1,000,000.00; or
(3) A series of orders from the same ordering office within two 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 five calendar 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.
I.6 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 beyond the term of this contract.
I.7 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 the term of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 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 eight years.
I.8 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 the contract term.
I.9.
52.233-2 Service of Protest (AUG 1996).
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the General Accounting Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Mara E. Shultz, Contracting Officer, 1710 Corporate Crossing, Suite 3; O’Fallon, IL 62269.
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
I.10 552.203-71 Restriction on Advertising (SEP 1999)
The contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the White House, the Executive Office of the President, or any other element of the Federal Government, or is considered by these entities to be superior to other products or services. Any advertisement by the contractor, including price-off coupons, that refers to a military resale activity shall contain the following statement: “This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government.”
I.11 552.211-15 Defense Priorities and Allocations System Requirements (Sept 2004)
(a) Definitions.
“Approved program” means a program determined to be necessary or appropriate for priorities and allocation support to promote the national defense by the Secretary of Defense, the Secretary of Energy, or the Department of Homeland Security Under Secretary for Emergency Preparedness and Response under the authority of the Defense Production Act, the Stafford Act, and Executive Order 12919, or the Selective Service Act and related statutes, and Executive Order 12742. See Schedule 1 of 15 CFR part 700 for a list of Delegate Agencies, approved programs, and program identification symbols at http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES/DPAS/Default.htm).
“Defense Priorities and Allocations System (DPAS)” means the regulation published at 15 CFR part 700 that requires preferential treatment for certain contracts and orders placed by a Delegate Agency in support of an approved program.
“Delegate Agency” means an agency of the U.S. Government authorized by delegation from the Department of Commerce (DOC) to place priority ratings on contracts or orders needed to support approved programs.
“Rated order” means, for the purpose of this contract, a delivery or task order issued in accordance with the provisions of the DPAS regulation (15 CFR part 700).
(b) Rated Order Requirement. From time to time, the Contractor may receive a rated order under this contract from a Delegate Agency. The Contractor must give preferential treatment to rated orders as required by the Defense Priorities and Allocations System (DPAS) regulation (15 CFR part 700). The existence of previously accepted unrated or lower rated orders is not sufficient reason to reject a rated order. Rated orders take preference over all unrated orders as necessary to meet required delivery dates. There are two levels of ratings designated by the symbol of either “DO” or “DX.” All “DO” rated orders have equal priority with each other and take preference over unrated orders. All “DX” rated orders have equal priority with each other and take preference over “DO” rated orders and unrated orders. The rating designation is followed by a program identification symbol. Program identification symbols indicate which approved program is supported by the rated order (see Schedule 1 of 15 CFR part 700 for a list of Delegate Agencies, approved programs, and program identification symbols).
(c) Additional information. Additional information may be obtained at the DOC DPAS website http://www.bis.doc.gov/DefenseIndustrialBasePrograms/OSIES DPAS/Default.htm or by contacting the designated Administrative Contracting Officer.
I.12 552.215-70 Examination of Records by GSA (FEB 1996)
The Contractor agrees that the Administrator of General Services or any duly authorized representatives shall, until the expiration of 3 years after final payment under this contract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of the Contractor involving transactions related to this contract or compliance with any clauses there under. The Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the Administrator of General Services or any authorized representatives shall, until the expiration of 3 years after final payment under the subcontract, or of the time periods for the particular records specified in Subpart 4.7 of the Federal Acquisition Regulation (48 CFR 4.7), whichever expires earlier, have access to and the right to examine any books, documents, papers, and records of such subcontractor involving transactions related to the subcontract or compliance with any clauses there under. The term “subcontract” as used in this clause excludes (a) purchase orders not exceeding $100,000 and (b) subcontracts or purchase orders for public utility services at rates established for uniform applicability to the general public.
I.13 552.217-71 Notice Regarding Option(s) (Nov 1992)
The General Services Administration (GSA) has included an option to extend the term of this contract in order to demonstrate the value it places on quality performance by providing a mechanism for continuing a contractual relationship with a successful Offeror that performs at a level which meets or exceeds GSA’s quality performance expectations as communicated to the Contractor, in writing, by the Contracting Officer or designated representative. When deciding whether to exercise the option, the Contracting Officer will consider the quality of the Contractor’s past performance under this contract in accordance with 48 CFR 517.207.
I.14 552.219-72 Preparation, Submission, and Negotiation of Subcontracting Plans (June 2005)
(a) An offeror, other than a small business concern, submitting an offer that exceeds $500,000 ($1,000,000 for construction) shall submit a subcontracting plan with its initial offer. The subcontracting plan will be negotiated concurrently with price and any required technical and management proposals, unless the offeror submits a previously-approved commercial plan.
(b) Maximum practicable utilization of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors is a matter of national interest with both social and economic benefits. The General Services Administration (GSA) expects that an offeror’s subcontracting plan will reflect a commitment to assuring that small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns are provided the maximum practicable opportunity, consistent with efficient contract performance, to participate as subcontractors in the performance of the resulting contract. An offeror submitting a commercial plan can reflect this commitment through subcontracting opportunities it provides that relate to the offeror’s production generally; i.e., for both its commercial and Government business.
(c) GSA believes that this potential contract provides significant opportunities for the use of small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns as subcontractors. Consequently, in addressing the eleven elements described at FAR 52.219-9(d) of the clause in this contract entitled Small Business Subcontracting Plan, the offeror shall:
(1) Demonstrate that its subcontracting plan represents a creative and innovative program for involving small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns in performing the contract.
(2) Include a description of the offeror’s subcontracting strategies used in any previous contracts, significant achievements, and how this plan will build upon those earlier achievements.
(3) Demonstrate through its plan that it understands the small business subcontracting program’s objectives and GSA’s expectations, and it is committed to taking those actions necessary to meet these goals or objectives.
(d) In determining the acceptability of any subcontracting plan, the Contracting Officer will take each of the following actions:
(1) Review the plan to verify that the offeror demonstrates an understanding of the small business subcontracting program’s objectives and GSA’s expectations with respect to the program and has included all the information, goals, and assurances required by FAR 52.219-9.
(2) Consider previous goals and achievements of contractors in the same industry.
(3) Consider information and potential sources obtained from agencies administering national and local preference programs and other advocacy groups in evaluating whether the goals stated in the plan adequately reflect the anticipated potential for subcontracting to small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns.
(4) Review the offeror’s description of its strategies, historical performance and significant achievements in placing subcontracts for the same or similar products or services with small, HUBZone small, small disadvantaged, women-owned, veteran-owned, and service-disabled veteran owned small business concerns. The offeror’s description can apply to commercial as well as previous Government contracts.
(e) Failure to submit an acceptable subcontracting plan and/or correct deficiencies in a plan within the time specified by the Contracting Officer shall make the offeror ineligible for award.
I.15 552.228-70 Workers’ Compensation Laws (SEP 1999)
The Act of June 25, 1936, 49 Stat. 1938 (40 U.S.C. 290) authorizes the constituted authority of the several States to apply their workers’ compensation laws to all lands and premises owned or held by the United States.
I.16 552.232-23 Assignment of Claims (SEP 1999)
Because this is a requirements or indefinite quantity contract under which more than one agency may place orders, paragraph (a) of the Assignment of Claims clause (FAR 52.232-23) is inapplicable and the following is substituted therefor:
In order to prevent confusion and delay in making payment, the Contractor shall not assign any claim(s) for amounts due or to become due under this contract. However, the Contractor is permitted to assign separately to a bank, trust company, or other financial institution, including any Federal lending agency, under the provisions of the Assignment of Claims Act, as amended, 31 U.S.C. 3727, 41 U.S.C. 15 (hereinafter referred to as “the Act”), all amounts due or to become due under any order amounting to $1,000 or more issued by any Government agency under this contract. Any such assignment takes effect only if and when the assignee files written notice of the assignment together with a true copy of the instrument of assignment with the contracting officer issuing the order and the finance office designated in the order to make payment. Unless otherwise stated in the order, payments to an assignee of any amounts due or to become due under any order assigned may, to the extent specified in the Act, be subject to reduction or set-off.
I.17 552.232-73 Availability of Funds (SEP 1999)
The authorization of performance of work under this contract during the initial contract period and any option or extension period(s) is contingent upon the appropriation of funds to procure this service. If the contract is awarded, extended, or option(s) exercised, the Government’s obligation beyond the end of the fiscal year (September 30), in which the award or extension is made or option(s) exercised, is contingent upon the availability of funds from which payment for the contract services can be made. No legal liability on the part of the Government for payment of any money beyond the end of each fiscal year (September 30) shall arise unless or until funds are made available to the Contracting Officer for this procurement and written notice of such availability is given to the contractor.
I.18 552.232-77 Payment By Governmentwide Commercial Purchase Card (MAR 2000)
(a) Definitions. “Governmentwide commercial purchase card” means a uniquely numbered credit card issued by a contractor under GSA’s Governmentwide Contract for Fleet, Travel, and Purchase Card Services to named individual Government employees or entities to pay for official Government purchases.
“Oral order” means an order placed orally either in person or by telephone.
(b) At the option of the Government and if agreeable to the Contractor, payments of $100,000.00 or less for oral or written orders may be made using the Governmentwide commercial purchase card.
(c) The Contractor shall not process a transaction for payment through the credit card clearinghouse until the purchased supplies have been shipped or services performed. Unless the cardholder requests correction or replacement of a defective or faulty item under other contract requirements, the Contractor must immediately credit a cardholder’s account for items returned as defective or faulty.
(d) Payments made using the Governmentwide commercial purchase card are not eligible for any negotiated prompt payment discount. Payment made using a Government debit card will receive the applicable prompt payment discount.
I.19 552.232-78 Payment Information (JUL 2000)
The General Services Administration (GSA) makes information on contract payments available electronically at http://www.finance.gsa.gov. The Contractor may register at the site and review its record of payments. This site provides information only on payments made by GSA, not by other agencies.
I.20 552.233-70 Protests Filed Directly with the General Services Administration (MAR 2000)
(a) The following definitions apply in this provision:
“Agency Protest Official for GSA” means the official in the Office of Acquisition Policy designated to review and decide procurement protests filed with GSA.
“Deciding official” means the person chosen by the protester to decide the agency protest. The deciding official may be either the Contracting Officer or the Agency Protest Official.
(b) The filing time frames in FAR 33.103(e) apply. An agency protest is filed when the protest complaint is received at the location the solicitation designates for serving protests. GSA’s hours of operation are 8:00 a.m. to 4:30 p.m. Protests delivered after 4:30 p.m. will be considered received and filed the following business day.
(c) A protest filed directly with the General Services Administration (GSA) must:
(1) Indicate that it is a protest to the agency.
(2) Be filed with the Contracting Officer.
(3) State whether the protester chooses to have the Contracting Officer or the Agency Protest Official for GSA decide the protest. If the protest is silent on this matter, the Contracting Officer will decide the protest.
(4) Indicate whether the protester prefers to make an oral presentation, a written presentation, or an oral presentation confirmed in writing, of arguments in support of the protest to the deciding official.
(5) Include the information required by FAR 33.103(d)(2):
(i) Name, address, fax number, and telephone number of the protester.
(ii) Solicitation or contract number.
(iii) Detailed statement of the legal and factual grounds for the protest, to include a description of resulting prejudice to the protester.
(iv) Copies of relevant documents.
(v) Request for a ruling by the agency.
(vi) Statement as to the form of relief requested.
(vii)All information establishing that the protester is an interested party for the purpose of filing a protest.
(viii)All information establishing the timeliness of the protest (see paragraph (b) of this provision).
(d) An interested party filing a protest with GSA has the choice of requesting either that the Contracting Officer or the Agency Protest Official for GSA decide the protest.
(e) The decision by the Agency Protest Official for GSA is an alternative to a decision by the Contracting Officer. The Agency Protest Official for GSA will not consider appeals from the Contracting Officer’s decision on an agency protest.
(f) The deciding official must conduct a scheduling conference with the protester within three (3) days after the protest is filed. The scheduling conference will establish deadlines for oral or written arguments in support of the agency protest and for agency officials to present information in response to the protest issues. The deciding official may hear oral arguments in support of the agency protest at the same time as the scheduling conference, depending on availability of the necessary parties.
(g) Oral conferences may take place either by telephone or in person. Other parties (e.g., representatives of the program office) may attend at the discretion of the deciding official.
(h) The following procedures apply to information submitted in support of or in response to an agency protest:
(1) The protester and the agency have only one opportunity to support or explain the substance of the protest (either orally, in writing, or orally confirmed in writing).
(2) GSA procedures do not provide for any discovery.
(3) The deciding official has discretion to request additional information from either the agency or the protester. However, the deciding official will normally decide protests on the basis of information provided by the protester and the agency.
(4) Except as provided in paragraph (5)(ii) below, the parties are encouraged, but not required, to exchange information submitted to the Agency Protest Official for GSA.
(5) If the agency makes a written response to the protest, the following filing requirements apply:
(i) The agency must file its response to the protest with the deciding official within five (5) days after the filing of the protest.
(ii) The agency must also provide the protester with a copy of the response on the same day it files the response with the deciding official. If the agency believes it needs to redact or withhold any information in the response from the protester, it must obtain the approval of the deciding official.
(i) The deciding official will resolve the protest through informal presentations or meetings to the maximum extent practicable.
(j) An interested party may represent itself or be represented by legal counsel. GSA will not reimburse the party for any legal fees related to the agency protest.
(k) GSA will stay award or suspend contract performance in accordance with FAR 33.103(f). The stay or suspension, unless over-ridden, remains in effect until the protest is decided, dismissed, or withdrawn.
(l) The deciding official will make a best effort to issue a decision on the protest within twenty-eight (28) days after the filing date. The decision may be oral or written. If the decision is communicated orally to the protester, the deciding official will confirm in writing within three (3) days after the decision.
(m) GSA may dismiss or stay proceedings on an agency protest if a protest on the same or similar basis is filed with a protest forum outside of GSA.
I.21 552.252-6 Authorized Deviations in Clauses (SEP 1999)
(a) Deviations to FAR clauses.
(1) This solicitation or contract indicates any authorized deviation to a Federal Acquisition Regulation (48 CFR Chapter 1) clause by the addition of "(DEVIATION)" after the date of the clause, if the clause is not published in the General Services Administration Acquisition Regulation (48 CFR Chapter 5).
(2) This solicitation indicates any authorized deviation to a Federal Acquisition Regulation (FAR) clause that is published in the General Services Administration Acquisition Regulation by the addition of "(DEVIATION (FAR clause no.))" after the date of the clause.
(b) Deviations to GSAR clauses. This solicitation indicates any authorized deviation to a General Services Administration Acquisition Regulation clause by the addition of "(DEVIATION)" after the date of the clause.
(c) "Substantially the same as" clauses. Changes in wording of clauses prescribed for use on a "substantially the same as" basis are not considered deviations.
I.22
RESERVED
I.23 seq Level3 \r 0 \h seq Level2 \r 0 \h 552.232-76 Electronic Funds Transfer Payment (MAR 2000)
The submission of a designation of financial institution for receipt of electronic funds transfer payments in the “Electronic Funds Transfer Payment Methods” clause (FAR 52.232-28) shall be as follows. The contractor shall submit its designation of a financial institution for receipt of electronic funds transfer payments with each invoice requesting payment of $25,000 or more (exclusive of any discount for prompt payment). The information for electronic funds transfer is not required by the Department of Defense, the United States Postal Service, or the Tennessee Valley Authority. Information required for electronic funds transfer payments shall be furnished to the Veterans Administration in accordance with instruction provided by that agency. Other agencies and departments thereof may waive the requirement for designation of a financial institution for receipt of electronic funds transfer payments and for submission of information required to make such payments by including a notice on delivery orders or otherwise notifying the contractor.
I-1 4/15/08
File details come from the government source that posted it. Updated .