Section 00 73 00 Supplementary Conditions.pdf
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- Solicitation number
- W912QR26BA022
About this file
This document is a set of Supplementary Conditions for a federal construction contract.
The "Brand Name or Equal" clause permits offerors to propose products equivalent to the brand name specified in the solicitation, provided they meet the salient physical, functional, or performance characteristics defined in the solicitation documents. Offerors proposing equal products must clearly identify the item by brand name and make/model number, include descriptive literature with illustrations or drawings, and describe any modifications planned to conform to requirements. The Contracting Officer will evaluate equal products based on information furnished by the offeror or reasonably available to the Contracting Officer and is not responsible for locating additional information. Unless explicitly indicated as an "equal" product, the offeror must provide the brand name product referenced in the solicitation.
The contract specifies that the Contractor must commence work within 10 calendar days after receiving the notice to proceed, prosecute the work diligently, and complete all work ready for use within 924 calendar days, including final cleanup. The Contracting Officer will specify the completion timeline as either a number of days or a calendar date. Under the Physical Data clause, site investigation data is provided for informational purposes only, and the Contractor is responsible for independent verification of weather conditions, transportation facilities, and historical data. Additionally, the document includes CMMC (Cybersecurity Maturity Model Certification) policy requirements stating that contractors must achieve and maintain the required CMMC status level at award for all information systems processing, storing, or transmitting FCI or CUI, with CMMC levels 2 and 3 permitted to be conditional for up to 180 days and CMMC level 1 requiring final certification status for award.
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Text version
Section 00 73 00 Supplementary Conditions
Brand Name or Equal (Aug 1999)
(a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.
(b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must-
(1) Meet the salient physical, functional, or performance characteristic specified in this solicitation;
(2) Clearly identify the item by-
(i) Brand name, if any; and
(ii) Make or model number;
(3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and
(4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications.
(c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer.
(d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation.
Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 924 Calendar Days, after receiving notice to proceed. * The time stated for completion shall include final cleanup of the premises. * The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
Physical Data (Apr 1984)
Data and information furnished or referred to below is for the Contractor's information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by Surveys and Auger Borings.
(b) Weather conditions: The Contractor shall make his own investigations as to weather conditions at the site. Data may be obtained from various National Weather Service offices located generally at airports of principal cities, the nearest to this project being Bloomington/Monroe County Airport.
(c) Transportation facilities: Access ways in the general area are shown on the drawings. Access ways shall be investigated by the Contractor to satisfy himself as to their existence and allowable use.
(d) Historical data for all areas may be obtained from: U. S. Department of Commerce National Climatic Center Federal Building Asheville, N. C. 28801
204.7502 Policy.
(a) Award eligibility.
(1) The contracting officer shall include in the solicitation the required CMMC level, if provided by the program office or the requiring activity.
(2) Contracting officers shall not award a contract, task order, or delivery order to an offeror that does not have a current CMMC status at the CMMC level required by the solicitation.
(3) Contractors are required to achieve, at time of award, a CMMC status at the CMMC level specified in the solicitation, or higher, for all information systems used in the performance of the contract, task order, or delivery order that will process, store, or transmit FCI or CUI.
Contractors are required to maintain a current CMMC status at the specified CMMC level or higher, if required by the contract, task order, or delivery order, throughout the life of the contract, task order, or delivery order.
(b) CMMC status.
(1) Contracting officers may award a contract, task order, delivery order, or modification to exercise an option or extend a period of performance, if the offeror's or contractor's CMMC status is—
(i) Listed in the definition of “CMMC status”; and
(ii) Equal to or higher than the CMMC level required by the solicitation or contract, task order, or delivery order.
(2) CMMC levels 2 and 3 can be in a conditional level for a period not to exceed 180 days from the CMMC status date (32 CFR 170.21), and award can occur with a conditional CMMC level. CMMC level 1 requires a final CMMC level for award.
https://www.ecfr.gov/current/title-32/section-170.21
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