Request_for_Proposals_SAQMMA14R0308.pdf
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- IT EQUIPMENT: ENTERPRISE CONVERGED PLATFORM Federal contract opportunity
- Solicitation number
- SAQMMA14R0308
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Solicitation document - Department of State Request for Proposals no. SAQMMA14R0308 SF-1449 applicable clauses and provisions.
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER
5. SOLICITATION NUMBER
SAQMMA14R0308
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
06/13/2014
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Brian R. Olson
b. TELEPHONE NUMBER (No collect calls) 703-875-6284
c. EMAIL olsonbr@state.gov
8. OFFER DUE DATE / LOCAL
TIME
07/11/2014 14:00:00
CODE LMAQM
OFFICE OF ACQUISITION MANAGEMENT (A/LM/AQM)
PO BOX 9115, ROSSLYN STATION
US DEPARTMENT OF STATE
ARLINGTON, VA 22219
9. ISSUED BY X UNRESTRICTED OR SET ASIDE: % FOR
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS: 541519
SIZE STANDARD:
10. THE ACQUISITION IS
SEE
SCHEDULE
11. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED
12. DISCOUNT TERMS
13a. THIS CONTRACT IS
RATED ORDER UNDER DPAS
13b. RATING
RFQ IFB X RFP
14. METHOD OF SOLICITATION
MULTICODE15. DELIVER TO
SEE
NOT AVAILABLE
orders Multi, XX 00000
CODE16. ADMINISTERED BY
FACILITY
CODE
CODE
Contact Duns Telephone No.
17a. CONTRACTOR/OFFEROR RMGFOCODE18a. PAYMENT WILL BE MADE BY
GLOBAL FIN. SVCS (RM/GFS/ADO/FM) CHARLESTON,
SOUTH CAROLINA
PO BOX 150008; Fax To: 1-866-483-3436
OFFICE OF CLAIMS (RM/GFS/F/C)
CHARLESTON, SC 29415-5008
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
CHECKED
19. ITEM NO. 20. SCHEDULE OF SUPPLIES/SERVICES
(Use Reverse and/or Attach Additional Sheets as Necessary)
21. QUANTITY 22. UNIT 23. UNIT PRICE 24. AMOUNT
See Line Items Section
25. ACCOUNTING AND APPROPRIATION DATA
See Line Item Detail
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
X 27a. SOLICITATION INCORPORATES BY REFERENCES FAR 52.212-1, 52.212-4, FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA X ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED.
29. AWARD OF CONTRACT: REF. OFFER DATED . YOUR OFFER ON
SOLICITATION (BLOCK 5) INCLUDING ANY ADDITIONS OR CHANGES WHICH
ARE SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)
Steven G. Haines 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 02/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
SAQMMA14R0308
LINE ITEM PRICING - SEE ATTACHMENT LIFE CYCLE
COST MODEL.
SCOPE OF SERVICES - SEE ATTACHED STATEMENT
OF WORK
001 SEE SECTION B & ATTACHMENTS 0.00 EA
Doc Ref No:
Delivery Date FOB:
Identifier Title Date Number of Pages
1 LIFE CYCLE COST MODEL 06/04/2014 10
2 STATEMENT OF WORK 06/04/2014 47
3 DD254 CONTRACT SECURITY CLASSIFICATION 06/04/2014 4
4 CURRENT OPERATIONS OVERVIEW 06/04/2014 9
5 ACRONYMS 06/04/2014 8
6 PROPOSAL COMPLIANCE MATRIX 06/04/2014 43
7 PAST PERFORMANCE ASSESSMENT QUESTIONNAIRE 06/04/2014 7
8 PROPOSAL INSTRUCTIONS AND EVALUATION METHODOLGY 06/04/2014 15
B-004 MINIMUM AND MAXIMUM CONTRACT AMOUNTS (Indefinite Quantity Contract)
Per FAR 52.216-22 "INDEFINITE QUANTITY," the minimum for this indefinite quantity contract shall be any quantity or combination of supplies and services equal to the amount(s) set forth below.
$250,000.00
The maximum for this indefinite quantity contract (including options) shall be any quantity or combination of supplies and services equal to $243,000,000.00.
(end of clause)
B-007 RATE FOR INDEFINITE DELIVERY CONTRACTS (Time-and-Materials/Labor-Hour)
(a) The labor rates specified herein are fixed hourly rates which include the following: wages, indirect costs (including overhead, fringe benefits and general and administrative expenses), and profit.
(b) In accordance with FAR 52.212-4 Alt. 1 "Contract Terms and Conditions - Commercial Items," the Con-tractor shall only voucher for the time of the personnel whose services are applied directly to the work called for in individual delivery orders and accepted by the Contracting Officer's Representative (COR). The Government shall pay the Contractor for the life of a delivery order at rates effective when the delivery order was is-sued. The Contractor shall maintain time and labor distribution records for all employees who work under the contract. These records shall document time worked and work performed by each individual on each delivery order.
(end of clause)
B-008 TRAVEL COSTS (Time-and-Materials/Labor-Hour)
(a) Except as otherwise provided herein, the Contractor shall be reimbursed for its reasonable actual travel costs in accordance with its usual accounting practices consistent with FAR Subpart 31.2, specifically FAR 31.205-46. Travel must be directly related to and required for performance of this contract, and authorized in advance and in writing by the Contracting Officer's Representative (COR).
SAQMMA14R0308
Line Item Summary
Solicitation Number:
SAQMMA14R0308
Contract Number: Title: Enterprise Converged Platform
(ECP) IDIQ
Date of Solicitation:
06/13/2014
Line Item No. Description Quantity Unit Unit Price Total Cost
In no event shall costs associated with employee commuting be reimbursable as a direct cost under this contract.
(b) Travel costs shall not be burdened with any indirect costs unless specifically allowable in accordance with the Contractor's usual accounting practices consistent with FAR Subpart 31.2. In no event shall travel costs be burdened with fee/profit.
(c) The Contractor shall include a breakout of all authorized travel expenses as an attachment to his invoices. Administrative support (coordination of travel arrangements, etc.) will be the responsibility of the Contractor.
(d) Should any Contractor personnel be requested to perform in any area which has been determined by the Department of State to be a hazardous duty area, hazardous duty premium pay if and to the extent requested and allowed, will be payable at the same rate as would be given to Department of State direct-hire employees pursuant to Chapter 650 of the U.S. Department of State Standardized Regulations (Government Civilians, Foreign Areas).. Hazardous duty premium pay shall not be burdened with any indirect costs (e.g., overhead, G and A) or fee/profit.
(e) When local travel between the Contractor employee's regular place of performance and other locations is specifically authorized by the COR, transportation expenses shall be allowable costs under this contract. For the purposes of this clause, local travel means travel within a 50 mile radius of the Contractor employee's regular place of performance and does not include daily commuting or as-sociated costs.
(f) For travel where use of a personal automobile has been specifically authorized by the COR, reimbursement shall be computed on the basis of actual miles traveled from starting point to destination. Other related miscellaneous expenses, such as tolls and parking fees, incurred in the performance of tasks authorized under this contract, will be reimbursed. Car rentals require advance approval by the COR and will be authorized only when consistent with good business practice. Allowable costs shall not exceed the actual cost of renting a compact automobile (a maximum of one for four Contractor personnel), unless extenuating circumstances (e.g., excess bag-gage) require other arrangements and subsequent COR approval is obtained.
(g) The Government will reimburse the Contractor for Contractor employee's travel time to or from other authorized work locations;
except that for labor categories which are exempt from the Fair Labor Standards Act (FSLA), a reimbursement will be allowed only for travel during the employee's regular working hours. The Contractor will not be reimbursed for time spent in stand down or tempor-ary layovers for the convenience of the Contractor by FLSA exempt contractor employees except as authorized by the Federal Travel Regulations.
(h) The Contractor shall be responsible for ensuring that all personnel who will be required to travel outside the United States have current and valid passports. The Contractor shall also be responsible for obtaining any visas required for travel to foreign countries un-der this contract. The Contractor shall make no direct labor charges for obtaining/maintaining passports and/or visas.
(end of clause)
B-010 TYPE OF CONTRACT
This is a Firm-Fixed-Price or Time and Materials/Labor Hour type contract as specified at the order level.
(end of clause)
Clause Title
52.247-29 F.O.B. Origin (Feb 2006)
52.247-30 F.O.B. Origin, Contractor's Facility (Feb 2006)
52.247-34 F.O.B. Destination (Nov 1991)
F-006 PERIOD OF PERFORMANCE
This contract shall be effective on the date of the Contracting Officer's signature, and shall remain in effect for twelve months.
(end of clause)
F-009 PLACE OF DELIVERY
Delivery of supplies under this contract shall be made to the address(es) specified at the order level.
(end of clause)
652.242-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (AUG 1999)
(a) The Contracting Officer may designate in writing one or more Government employees, by name and posi-tion title, to take action for the Contracting Officer under this contract. Each designee shall be identified as a Contracting Officer's Representative (COR). Such designation(s) shall specify the scope and limitations of the authority so delegated; provided, that the designee shall not change the terms or conditions of the contract, un-less the COR is a warranted Contracting Officer and this authority is delegated in the designation.
(b) The COR is the individual(s) so designated in writing by the Contracting Officer and so notified to the con-tractor.
(End of clause)
01INV DEPARTMENT OF STATE INVOICE INSTRUCTIONS
Invoice submission is only via the Office of Claims’ Commercial Claims Operations fax server, toll-free num-ber: 866-483-3436, or DOSPayments@state.gov, unless otherwise indicated. Each invoice must be transmitted separately.
To constitute a proper invoice, the invoice must include the following information and/or attached documenta-tion:
(1) Name and Address of the Contractor
(2) Dun and Bradstreet Universal Number System (DUNS)
(3) Date of invoice
(4) Unique Vendor Invoice Number - Our Financial System cannot accept the following characters: @ (at symbol), ~ (Tilde), & (Ampersand), ' (Apostrophe), " (Quotation) and spaces. Please do not include any of these characters as part of your invoice number.
(5) Remittance Contact Information
(6) Shipping Terms, Ship to Address
(7) Payment Terms
(8) Total Quantity of Items
(9) Total Invoice Amount
(10) Requisition Number, Contract Number and Order/Award Number, with modification number if applicable.
(11) Order line item number and information (see below instructions)
The name and DUNS of the contractor on the invoice must match the information indicated on the order/award for proper payment.
IMPORTANT: For proper payment, the invoice must detail products and/or services delivered on a line item basis in direct accordance with the corresponding order/award/contract. Each line item must con-tain the following information:
(1) Description of the services rendered for each line item
(2) Line Item Quantity
(3) Line Item Unit Price
(4) Total Line Item Invoicing Amount
(5) Delivery Date
(6) Contract Line Item Number (CLIN)
(7) Order/Award Line Item Number if invoicing against a task or delivery order or Blanket Purchase Agreement (BPA)
Please note that many task or delivery orders against Department of State or GSA contracts or blanket purchase agreements may have a separate and unique line item number in addition to the umbrella Con-tract Line Item Number (CLIN). The order line item number as well as the umbrella award CLIN must be referenced at each invoice line item level in such cases.
All payment to domestic claims will be disbursed by electronic funds transfer EFT. Vendors who are re-gistered in the Central Contractor Registration (CCR) should verify and re-confirm their financial in-formation in the database prior to invoicing. Vendors who wish to request a waiver of CCR or payment by check must submit their justification to their assigned contracting officer for consideration at least 30 days prior to billing. For vendors who are granted an EFT exception, the payment address on the invoice must match the remittance address in the vendor record cited in the award.
Additional correspondence should be addressed to:
Name:
U.S. Department of State Global Financial Services Attn: Office of Claims (RM/GFS/F/C) Charleston Financial Service Center
Mailing Address:
Post Office Box 150008 Charleston, SC 29415-5008 Telephone Numbers:
Director’s Secretary Voice 843-202-3761 Fax 843-746-0749 Official Office Hours: 8:00 am – 5:00 pm
To request Payment Status on a Past Due Invoice contact:
Office of Claims Customer Service Email: commercialclaims@state.gov Phone: 877-704-9473 Toll Free
Person to Contact: Supervisor, Vendor Claims Email: GFS-ChiefVC@state.gov (End of clause)
G-001 ORDERING PROCEDURES
(a) In accordance with FAR 52.216-18 "ORDERING," the following individuals and activities are authorized to issue delivery orders or task orders hereunder:
Department of State Contracting Officer identified in clause G-002.
(b) Orders placed under this contract shall contain the following information:
(1) Date of order;
(2) Contract number and order number;
(3) Item number and description, quantity, and unit price;
(4) Delivery or performance date;
(5) Place of delivery or performance (including consignee);
(6) Packaging, packing, and shipping instructions, if any;
(7) Accounting and appropriation data;
(8) Security clearance level(s), applicable to the order, if any; and
(9) Any other pertinent information.
(c) Issuance of orders by facsimile or email is authorized in accordance with FAR 52.216-18 "ORDERING."
(end of clause)
G-002 CONTRACT ADMINISTRATION DATA
Contracting Officer: Steven G. Haines Telephone Number: 703-875-6746 Email Address: hainessg@state.gov First Class Mailing:
U.S. Department of State Office of Acquisition Management P.O. Box 9115, Rosslyn Station Arlington, Virginia 22219
Courier or Hand Delivery: U.S. Department of State Office of Acquisition Management 4th Floor 1735 N. Lynn Street Arlington, Virginia 22209
(end of clause)
652.204-70 DEPARTMENT OF STATE PERSONAL IDENTIFICATION CARD ISSUANCE PROCEDURES (MAY 2011)
(a) The Contractor shall comply with the Department of State (DOS) Personal Identification Card Issuance Pro-cedures for all employees performing under this contract who require frequent and continuing access to DOS fa-cilities, or information systems. The Contractor shall insert this clause in all subcontracts when the subcontract-or’s employees will require frequent and continuing access to DOS facilities, or information systems.
(b) The DOS Personal Identification Card Issuance Procedures may be accessed at ht-tp://www.state.gov/m/ds/rls/rpt/c21664.htm .
(End of clause)
H-004 CONTACT INFORMATION FOR SENSITIVE AND/OR OPERATIONAL POSITIONS
The Department of State relies on a blended workforce consisting of contractor and direct hire personnel to per-form its mission. The Department may require the ability to contact essential contractor personnel outside the work environment in the event of an emergency, natural disaster, or similar situation. Contractors may be re-quired to provide outside contact information for personnel performing tasks under this contract when requested by the Contracting Officer’s Representative (COR). This information will be protected in accordance with 3
FAM 1218.3.
(end of clause)
H-007 INSURANCE REQUIREMENTS
In accordance with FAR 52.228-5 "INSURANCE--WORK ON A GOVERNMENT INSTALLATION," the Contractor shall, at no additional expense to this contract, provide and maintain, in addition to any other insur-ance coverage required elsewhere in this contract, the following types of insurance in the amounts spe-cified. Before commencing work under this contract, the Contractor shall certify to the Contracting Officer in writing, that at least the kinds and minimum amounts of insurance required below have been obtained.
(a) Workers' Compensation and Employer's Liability--The Contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a Contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 is required, except in States with exclusive or monopolistic funds that do not permit worker's compensation to be written by private carriers.
(b) General Liability--The Contractor shall provide bodily injury liability insurance coverage written on the comprehensive form policy of at least $500,000 per occurrence.
(c) Automobile Liability--The Contractor shall provide automobile liability insurance written on the compre-hensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles op-erated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.
(d) Aircraft Public and Passenger Liability--When aircraft are used in connection with performing the contract, the Contractor shall provide aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per occurrence for property damage. Coverage of passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.
(e) Vessel Liability--When contract performance involves use of vessels, the Contractor shall provide vessel collision liability and protection and indemnity liability insurance.
(end of clause)
H-009 CONTRACTOR IDENTIFICATION
Contract performance may require contractor personnel to attend meetings with government personnel and the public, work within government offices, and/or utilize government email.
Contractor personnel must take the following actions to identify themselves as non-federal employees:
1) Use an email signature block that shows name, the office being supported and company affiliation (e.g.
“John Smith, Office of Human Resources, ACME Corporation Support Contractor”);
2) Clearly identify themselves and their contractor affiliation in meetings;
3) Identify their contractor affiliation in Departmental e-mail and phone listings whenever contractor personnel are included in those listings; and
4) Contractor personnel may not utilize Department of State logos or indicia on business cards.
(end of clause)
H-011 Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission Outside the United States
In accordance with paragraph (g) of contract clause 52.225-19, Contractor Personnel in a Designated Operation-al Area or Supporting a Diplomatic or Consular Mission Outside the United States, the contractor shall use Syn-chronized Predeployment and Operational Tracker (SPOT). Contractor shall enter before deployment, or if already in the designated operational area, enter upon becoming an employee under the contract, and maintain current data, including departure data, for all Contractor personnel that are authorized to support a diplomatic or consular mission outside the United States.
(End of clause)
H-020 SAFEGUARDING INFORMATION
The Contractor and its employees shall exercise the utmost discretion in regard to all matters relating to their duties and functions. They shall not communicate to any person any information known to them by reason of their performance of services under this contract which has not been made public, except in the necessary per-formance of their duties or upon written authorization of the Contracting Officer. All documents and records (including photographs) generated during the performance of work under this contract shall be for the sole use of and become the exclusive property of the U.S. Government. Furthermore, no article, book, pamphlet, record-ing, broadcast, speech, television appearance, film or photograph concerning any aspect of work performed un-der this contract shall be published or disseminated through any media without the prior written authorization of the Contracting Officer. These obligations do not cease upon the expiration or termination of this contract. The Contractor shall include the substance of this provision in all contracts of employment and in all subcontracts hereunder.
(end of clause)
H-031 SECURITY REQUIREMENTS
(a) A facility security clearance at the Top Secret level is required for contract performance in accordance with the DD Form 254, Department of Defense Contract Security Classification Specification, attached to this con-tract.
(b) Since it will be necessary for some Contractor personnel to have access to classified material and/or to enter into areas requiring a security clearance, each Contractor employee requiring such access must have an indi-vidual security clearance commensurate with the required level of access prior to contract performance. Indi-vidual clearances shall be maintained for the duration of employment under this contract, or until access re-quirements change.
(c) The Contractor shall obtain a Department of State building pass for all employees performing under this contract who require frequent and continuing access to Department of State facilities in accordance with Bureau of Diplomatic Security Instructions.
(d) Performance of this contract shall be in accordance with the attached DD Form 254, Department of Defense Contract Security Classification Specification and FAR 52.204-2 "SECURITY REQUIREMENTS."
(e) Classified material received or generated in the performance of this contract shall be safeguarded and dis-posed of in accordance with the National Industrial Security Program Operating Manual (DOD 5220.22-M).
(end of clause)
H-032 ORGANIZATIONAL CONFLICT OF INTEREST - General
(a) The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circum-stances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.
(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall in-clude a description of actions which the Contractor has taken or proposes to take to avoid or mitigate the actual or potential conflict.
(c) If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Con-tracting Officer, the Government may terminate the contract for default.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts.
(end of clause)
H-035 Use of the Synchronized Pre-Deployment Operational Tracker (SPOT)
Per the National Defense Authorization Act of 2008: the Department of State, the Department of Defense, and the United States Agency for International Development, designated SPOT as a common database to serve as a repository of information on contracts in Iraq and Afghanistan and for contractor personnel in Iraq and Afgh-anistan (see FAR clause 52.225-19). Information on how to register in SPOT is available at ht-tp://www.resource.spot-es.net/. The Vendor is responsible for purchasing the PKI certification required for SPOT registration.
(a) Upon award or modification of this term into the contract, the contractor shall ensure that every employee, including subcontractor personnel, performing work in Iraq or Afghanistan, is entered into the SPOT database.
The data required includes:
• Entering the individual (US Citizen and Third Country National) into the SPOT database and requesting the Letter of Authorization (LOA); in addition to entering the Iraqi/Afghan National and entering deployment information (No LOA needed for Local Nationals);
• Setting the “in-theater” date for all employees in country (Iraq of Afganistan)so the deployment shows as active in the database;
• Updating the LOA records within 7 days if an individual is killed or wounded; and
• Closing the deployment within 7 days of the individual leaving theater.
(b) The government will provide the following checked services to the contractor(s) that need life support ser-vices under this contract (if authorized, these services will be approved on an individual basis by the Contract-ing Officer on the LOA):
IRAQ
Department of State Embassy or Consulate Provided Services:
[X ] Billeting – government lodging facilities [ ] Dining Facilities (DFACS)- (at contractor/company expense) [X ] Government Furnished Meals – government provided meals [ ] Morale, Welfare and Recreation (MWR) – access to government provided MWR services [ ] Dependents Authorized – permission for dependents to accompany [ X ] Resuscitative Care – government provided resuscitative care (if required) [ ] Diplomatic Post Office (DPO)- Authorized Use of DPO [ ] Embassy Air- authorized use of Embassy Air (at contractor/company expense) [ ] Authorized Weapon [ ] Local Access Badge
Department of Defense Provided Services:
[X ] Billeting – government lodging facilities [ ] Dining Facilities (DFACS)- (at contractor/company expense) [ ] Mil Clothing – access to government clothing facilities [ ] Mil Issued Equipment – authorization for use of OCIE [ ] Commissary – access to government grocery services [ ] Army Post Office / Fleet Post Office / Military Post Office (APO/FPO/MPO) Postal Services – government provided postal services [ ] Common Access Card (CAC)– authorized issuance of a CAC for facility and computer access [ ] Contractors Authorized to Accompany the Force (CAAF) – grants protected status in accordance with international conventions (Geneva and Hague conventions); allows routine/recurrent access to U.S. controlled facilities as primary duty location; generally recognizes contractor is subject to the rights and restrictions of U.S. law (particularly regarding matters/orders related to force protection, security, safety, and general welfare)
[ ] Mil Banking – access to government provided banking facilities [ ] Mil Exchange – access to government provided exchange facilities [ ] Milair – authorization to travel on government aircraft [ ] Fuel Authorized – access to government provided fueling facilities [ ] Excess Baggage – government authorization for additional baggage
Afghanistan
Department of State Embassy or Consulate Provided Services:
[ X ] Billeting – government lodging facilities [ ] Dining Facilities (DFACS)- (at contractor/company expense) [ X] Government Furnished Meals – government provided meals [ ] Morale, Welfare and Recreation (MWR) – access to government provided MWR services [ ] Dependents Authorized – permission for dependents to accompany [ X ] Resuscitative Care – government provided resuscitative care (if required) [ ] Diplomatic Post Office (DPO)- Authorized Use of DPO [ ] Embassy Air- authorized use of Embassy Air (at contractor/company expense) [ ] Authorized Weapon [ ] Local Access Badge
Department of Defense Provided Services:
[ X ] Billeting – government lodging facilities [X ] Dining Facilities (DFACS)- (at contractor/company expense) [ ] Mil Clothing – access to government clothing facilities [ ] Mil Issued Equipment – authorization for use of OCIE [ ] Commissary – access to government grocery services [X] Army Post Office / Fleet Post Office / Military Post Office (APO/FPO/MPO)Postal Services – government provided postal services [ X ] Common Access Card (CAC)– authorized issuance of a CAC for facility and computer access [ ] Contractors Authorized to Accompany the Force (CAAF) – grants protected status in accordance with international conventions (Geneva and Hague conventions); allows routine/recurrent access to U.S. controlled facilities as primary duty location; generally recognizes contractor is subject to the rights and restrictions of U.S. law (particularly regarding matters/orders related to force protection, security, safety, and general welfare)
[ ] Mil Banking – access to government provided banking facilities [ ] Mil Exchange – access to government provided exchange facilities [ X ] Milair – authorization to travel on government aircraft [ ] Fuel Authorized – access to government provided fueling facilities [ ] Excess Baggage – government authorization for additional baggage
Clause Title
52.212-4 Contract Terms and Conditions - Commercial Items (Sep 2013)
52.212-4 Alt I Contract Terms and Conditions - Commercial Items (Sep 2013) - Alternate I (Aug 2012)
; none; travel, DBA insurance, Visa fees, duplicate passport fees; $0;
52.217-8 Option to Extend Services (Nov 1999) the contract period of performance;
52.228-3 Worker's Compensation Insurance (Defense Base Act) (Apr 1984)
52.204-2 Security Requirements (Aug 1996)
52.216-31 Time-and-Materials/Labor-Hour Proposal Requirements - Commercial Item Acquisition (Feb 2007)
52.237-3 Continuity Of Services (Jan 1991)
652.242-72 SHIPPING INSTRUCTIONS (DEC 1994)
652.242-73 AUTHORIZATION AND PERFORMANCE (AUG 1999)
652.243-70 NOTICES (AUG 1999)
652.216-70 ORDERING INDEFINITE-DELIVERY CONTRACTS (APR 2004)
652.225-71 SECTION 8(a) OF THE EXPORT ADMINISTRATION ACT OF 1979, AS AMENDED (AUG 1999)
652.228-71 WORKER'S COMPENSATION INSURANCE (Defense Base Act) - SERVICES (AUG 2013)
652.229-70 EXCISE TAX EXEMPTION STATEMENT FOR CONTRACTORS WITHIN THE UNITED STATES (JUL 1988)
652.237-72 OBSERVANCE OF LEGAL HOLIDAYS AND ADMINISTRATIVE LEAVE (APR 2004)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2014)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to ac-quisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
__ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has in-dicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).
X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Rein-vestment Act of 2009.).
X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L.
109-282) (31 U.S.C. 6101 note).
__ (5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (Jul 2010) (Pub. L.
111-5).
__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div.
C).
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub.
L. 111-117, section 743 of Div. C).
X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspen-ded, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note).
X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).
X (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L. 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub.
L. 111-8, and section 745 of Division D of Pub. L. 110-161).
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (13) [Reserved]
__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__ (ii) Alternate I (Nov 2011).
__ (iii) Alternate II (Nov 2011).
__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
__ (ii) Alternate I (Oct 1995) of 52.219-7.
__ (iii) Alternate II (Mar 2004) of 52.219-7.
X (16) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637 (d)(2) and (3)).
X (17)(i) 52.219-9, Small Business Subcontracting Plan (Jul 2013) (15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (Oct 2001) of 52.219-9.
__ (iii) Alternate II (Oct 2001) of 52.219-9.
__ (iv) Alternate III (Jul 2010) of 52.219-9.
__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__ (20) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
__ (ii) Alternate I (June 2003) of 52.219-23.
__ (22) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Jul 2013) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (23) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
__ (24) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
X (25) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).
__ (26) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).
__ (27) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).
X (28) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
X (29) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).
X (30) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
X (31) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).
X (32) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
X (33) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
X (34) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).
X (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496).
__ (36) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
__ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.).
__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of com-mercially available off-the-shelf items.).
X (38) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C. 8259b).
X (39)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
__ (ii) Alternate I (Dec 2007) of 52.223-16.
X (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O.
13513).
__ (41) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).
__ (42)(i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C.
chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.
103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).
__ (ii) Alternate I (Mar 2012) of 52.225-3.
__ (iii) Alternate II (Mar 2012) of 52.225-3.
__ (iv) Alternate III (Nov 2012) of 52.225-3.
X (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (45) 52.225.26, Contractors Performing Private Security Functions Outside the United States (Jul 2013)
(Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).
__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).
__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f),10 U.S.C.
2307(f)).
X (50) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Jul 2013)(31 U.S.C.
3332).
__ (51) 52.232-34, Payment by Electronic Funds Transfer--Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (52) 52.232-36, Payment by Third Party (Jul 2013) (31 U.S.C. 3332).
__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
X (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Ap-
px. 1241(b) and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement pro-visions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C.
351, et seq.).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calib-ration, or Repair of Certain Equipment -- Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services -- Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
__ (7) 52.222-17, Non-displacement of Qualified Workers (Jan 2013) (E.O.13495).
__ (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
__ (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this para-graph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transac-tions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract.
If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the dis-putes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Con-tractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (15 U.S.C. 637(d)(2) and (3)), in all subcon-tracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must in-clude 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Non-displacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in ac-cordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O.
13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
__ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibra-tion, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services- Requirements (Feb 2009)(41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).
(xiii) 52.225.26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) Sec-tion 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.
1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
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 or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from date of award through the end of the contract period of performance.
(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) If mailed, a delivery order or task 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.
(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 Govern-ment 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 com-pleted during the contract's effective period; provided, that the Contractor shall not be required to make any de-liveries under this contract after twelve months after the end of the effective period of this contract.
(End of clause)
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 contract period of performance; provided that the Government gives the Contractor a preliminary written notice of its in-tent to extend at least 1 days [60 days unless a different number of days is inserted] 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 five years (months)(years).
(End of clause)
652.232-72 LIMITATION OF FUNDS (AUG 1999)
(a) Of the total price in Section B (or the 'Prices' section), only the amount stated on the contract award docu-ment or subsequent modifications is now available for payment and obligated under this contract. It is anticip-ated that from time to time, additional funds will be obligated under the contract until the total price of the con-tract is obligated.
(b) The Government is not obligated to pay or reimburse the contractor more than the amount obligated pursu-ant to this clause. The contractor agrees to perform the contract up to the point at which the total amount paid and payable by the Government (including amounts payable for subcontracts and settlement costs if this con-tract is terminated for convenience) approximates but does not exceed the total amount obligated.
(c)
(1) It is contemplated that funds now obligated under this contract will cover the work to be performed until the date specified at the task order level.
(2) If the contractor considers the funds obligated under this contract to be insufficient to cover the work to be performed until that date, or another date agreed to by the parties, the contractor shall notify the contracting of-ficer in writing and indicate the date on which it expects expended funds to approximate 75 percent of the total amount obligated. The notice shall state the estimated amount of additional funds required to continue per-formance through the date specified in paragraph (c)(1) of this clause or another date agreed to by the parties.
(3) If, after notification is provided pursuant to paragraph (c)(2) of this clause, additional funds are not oblig-ated, or an earlier date than the date in paragraph (c)(1) of this clause is not agreed to, the contractor shall not be obligated to continue performance under this contract…
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