SF1449_Model_Contract_FA930122Q0026_Fleet_Janitoral_Service_MXG.pdf
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- Attached to
- Aircraft Fleet Janitorial Services Federal contract opportunity
- Solicitation number
- FA930122Q0026
About this file
This solicitation is for aircraft fleet janitorial services. The contractor shall provide cleaning of galley areas, removal of solid waste, replenishing of lavatory supplies and aircraft potable water systems as required for aircraft assigned to Edwards AFB and NASA/Armstrong as well as transient aircraft. Services are available 24/7/365. The period of performance is from October 2022 through September 2023 with four one-year option periods. Pricing is firm fixed price. The contractor shall comply with all terms and conditions specified in the performance work statement dated August 2022. Inspection and acceptance will occur at Edwards AFB.
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Text version
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
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
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
Created On: 03 Aug 2022, 11:26 AM Pacific Standard Time
Solicitation/Contract Form
Fleet Janitorial Services- 412 MXG
Proposal Identifier: FA930122Q0026 Date: 03 Aug 2022
Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Qty Unit Unit Price
Amount
Scheduled Services:
The Contractor shall provide aircraft Fleet Janitorial Service in accordance with Performance Work Statement (PWS) dated 01 Aug 2022, Section 1.5 Specific Tasks.
Period of Performance (PoP) 01 Oct 2022- 30 Sep 2023
Product Service Code: S201 Pricing Arrangement: Firm Fixed Price
12 Months
Unscheduled Services:
The Contractor shall provide aircraft Fleet Janitorial Service in accordance with Performance Work Statement (PWS) dated 01 Aug 2022, Section 1.5 Specific Tasks.
Unit price per call.
Not to Exceed 88 calls a year
PoP 01 Oct 2022- 30 Sep 2023
Product Service Code: S201 Pricing Arrangement: Firm Fixed Price
88 Calls
Option Line Item
Scheduled Services:
The Contractor shall provide aircraft Fleet Janitorial Service in accordance with Performance Work Statement (PWS) dated 01 Aug 2022, Section 1.5 Specific Tasks.
PoP: 01 Oct 2023- 30 Sep 2024
Product Service Code: S201 Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Unscheduled Services:
The Contractor shall provide aircraft Fleet Janitorial Service in accordance with Performance Work Statement (PWS) dated 01 Aug 2022, Section 1.5 Specific Tasks.
Unit price per call.
Not to Exceed 88 calls a year PoP 01 Oct 2023- 30 Sep 2024
Product Service Code: S201 Pricing Arrangement: Firm Fixed Price
88 Calls
Option Line Item
Scheduled Services:
The Contractor shall provide aircraft Fleet Janitorial Service in accordance with Performance Work Statement (PWS) dated 01 Aug 2022, Section 1.5 Specific Tasks.
PoP: 01 Oct 2024- 30 Sep 2025
Product Service Code: S201 Pricing Arrangement: Firm Fixed Price
12 Months
Unscheduled Services:
The Contractor shall provide aircraft Fleet Janitorial Service in accordance with Performance Work Statement (PWS) dated 01 Aug 2022, Option Line Item
Section 1.5 Specific Tasks.
Unit price per call.
Not to Exceed 88 calls a year
PoP 01 Oct 2024- 30 Sep 2025
Product Service Code: S201 Pricing Arrangement: Firm Fixed Price
88 Calls
Option Line Item
Scheduled Services:
The Contractor shall provide aircraft Fleet Janitorial Service in accordance with Performance Work Statement (PWS) dated 01 Aug 2022, Section 1.5 Specific Tasks.
PoP: 01 Oct 2025- 30 Sep 2026
Product Service Code: S201 Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Unscheduled Services:
The Contractor shall provide aircraft Fleet Janitorial Service in accordance with Performance Work Statement (PWS) dated 01 Aug 2022, Section 1.5 Specific Tasks.
Unit price per call.
Not to Exceed 88 calls a year
PoP 01 Oct 2025- 30 Sep 2026
Product Service Code: S201 Pricing Arrangement: Firm Fixed Price
88 Calls
Option Line Item
Scheduled Services:
The Contractor shall provide aircraft Fleet Janitorial Service in accordance with Performance Work Statement (PWS) dated 01 Aug 2022, Section 1.5 Specific Tasks.
PoP: 01 Oct 2026- 30 Sep 2027
Product Service Code: S201 Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Unscheduled Services:
The Contractor shall provide aircraft Fleet Janitorial Service in accordance with Performance Work Statement (PWS) dated 01 Aug 2022, Section 1.5 Specific Tasks.
Unit price per call.
Not to Exceed 88 calls a year
PoP 01 Oct 2026- 30 Sep 2027
Product Service Code: S201 Pricing Arrangement: Firm Fixed Price
88 Calls
Description/Specifications/Statement of Work
Requirements Fleet Janitorial Services- 412 MXG
Packaging and Marking
Inspection and Acceptance
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. Apr 2012
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: none
DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Inspection and Acceptance Location
Both Destination Instructions: none
DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: none
DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith
Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: none
DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: none
DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: none
DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: none
DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: none
DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: none
DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: none
DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil
Deliveries or Performance
Overall Contract Delivery Period
Contractor Destination
Line Item Delivery Schedule QTY Address and POC
Delivery On Or Before Delivery Date 30 Sep 2022
Period of Performance From 01 Oct 2022 To 30 Sep 2023
12 Months Place of Performance DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Delivery On Or Before Delivery Date 30 Sep 2022
Period of Performance From 01 Oct 2022 To 30 Sep 2023
88 Calls Place of Performance DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Option Line Item
Delivery On Or Before Delivery Date 30 Sep 2022
12 Months Place of Performance DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil
Period of Performance From 01 Oct 2023 To 30 Sep 2024
Option Line Item
Delivery On Or Before Delivery Date 30 Sep 2022
Period of Performance From 01 Oct 2023 To 30 Sep 2024
88 Calls Place of Performance DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Option Line Item
Delivery On Or Before Delivery Date 30 Sep 2022
Period of Performance From 01 Oct 2024 To 30 Sep 2025
12 Months Place of Performance DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Option Line Item
Delivery On Or Before Delivery Date 30 Sep 2022
Period of Performance From 01 Oct 2024 To 30 Sep 2025
88 Calls Place of Performance DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil
Delivery On Or Before Delivery Date 30 Sep 2022
Period of Performance From 01 Oct 2025 To 30 Sep 2026
12 Months Place of Performance DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Option Line Item
Delivery On Or Before Delivery Date 30 Sep 2022
Period of Performance From 01 Oct 2025 To 30 Sep 2026
88 Calls Place of Performance DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Option Line Item
Delivery On Or Before Delivery Date 30 Sep 2022
Period of Performance From 01 Oct 2026 To 30 Sep 2027
12 Months Place of Performance DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil Telephone: 661-277-7232
Delivery On Or Before Delivery Date 30 Sep 2022
88 Calls Place of Performance DoDAAC: F1S1AB CountryCode: USA
412 LG LGLXR
Period of Performance From 01 Oct 2026 To 30 Sep 2027
AF BPN NO MILSBILLS PROCESSES
300 E YEAGER BLVD BLDG 1600
EDWARDS, CA 93524
UNITED STATES
Troy Smith Email: troy.smith.4@us.af.mil
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7007 Limitation of Government's Obligation. Apr 2014
As prescribed in 232.706-70, use the following clause:
LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)
(a) Contract line item(s) is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule [Contracting Officer insert after negotiations] is set forth in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government."
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes."
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government."
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C.
1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract $ ____
(month) (day), (year) $ ____
(month) (day), (year) $ ____
(month) (day), (year) $ ____
(End of clause)
Special Contract Requirements
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2021 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-5 Alternate I Pollution Prevention and Right-to-Know Information. - (Alternate I) May 2011 52.223-5 Alternate II Pollution Prevention and Right-to-Know Information. - (Alternate II) May 2011 52.223-20 Aerosols. Jun 2016 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.245-1 Government Property. Sep 2021
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.204-7004 Antiterrorism Awareness Training for Contractors. Feb 2019 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. May 2016
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2021
252.204-7022 Expediting Contract Closeout. May 2021 252.211-7007 Reporting of Government-Furnished Property. Mar 2022 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. May 2022
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Apr 2019
252.232-7010 Levies on Contract Payments. Dec 2006
252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.
Apr 2020
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jun 2013 252.242-7005 Contractor Business Systems. Feb 2012 252.243-7002 Requests for Equitable Adjustment. Dec 2012 252.244-7000 Subcontracts for Commercial Items. Jan 2021 252.245-7002 Reporting Loss of Government Property Jan 2021 252.245-7003 Contractor Property Management System Administration Apr 2012
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services. May 2022
As prescribed in , insert the following clause:12.301(b)(4)
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)
The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by (a) reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, (1) (JAN 2017) Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (2) Covered Entities (Section 1634 of Pub. L. 115-91).(NOV 2021)
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (3) (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(4) (NOV 2015)
52.233-3, Protest After Award (31 U.S.C. 3553).(5) (AUG 1996)
52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(6) (OCT 2004)
The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in (b) this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ .]Contracting Officer check as appropriate
52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. 2402).(1) (JUN 2020), Alternate I (NOV 2021)
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (NOV 2021)
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5). (3) (JUN 2010)
(Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(4) (JUN 2020)
[Reserved].(5)
52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(6) (OCT 2016)
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(7) (OCT 2016)
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (8) (NOV
(31 U.S.C. 6101 note).2021)
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(9) (OCT 2018)
[Reserved].(10)
52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (15 U.S.C. 657a).(11) (SEP 2021)
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (if the offeror elects to waive the (12) (SEP 2021) preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[Reserved](13)
(14) 52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-6.(ii) (MAR 2020)
(15) 52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-7.(ii) (MAR 2020)
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)).(16) (OCT 2018)
(17) 52.219-9, Small Business Subcontracting Plan (15 U.S.C. 637(d)(4)).(i) (NOV 2021)
Alternate I of 52.219-9.(ii) (NOV 2016)
Alternate II of 52.219-9.(iii) (NOV 2016)
Alternate III of 52.219-9.(iv) (JUN 2020)
Alternate IV of 52.219-9.(v) (SEP 2021)
(18) 52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (MAR 2020)
Alternate I of 52.219-13.(ii) (MAR 2020)
52.219-14, Limitations on Subcontracting (15 U.S.C. 637s).(19) (SEP 2021)
52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(20) (SEP 2021)
52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (15 U.S.C. 657f).(21) (SEP 2021)
(22) 52.219-28, Post Award Small Business Program Rerepresentation (15 U.S.C. 632(a)(2)).(i) (SEP 2021)
Alternate I of 52.219-28.(ii) (MAR 2020)
52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (23) (SEP
(15 U.S.C. 637(m)).2021)
52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (24)
Small Business Program (15 U.S.C. 637(m)).(SEP 2021)
52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(25) (MAR 2020)
52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(26) (SEP 2021)
52.222-3, Convict Labor (E.O.11755).(27) (JUN 2003)
52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.13126).(28) (JAN 2022)
52.222-21, Prohibition of Segregated Facilities .(29) (APR 2015)
(30) 52.222-26, Equal Opportunity (E.O.11246).(i) (SEP 2016)
Alternate I of 52.222-26.(ii) (FEB 1999)
(31) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (JUN 2020)
Alternate I of 52.222-35.(ii) (JUL 2014)
(32) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (JUN 2020)
Alternate I of 52.222-36.(ii) (JUL 2014)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(33) JUN 2020
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(34) (DEC 2010)
(35) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) (NOV 2021)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (MAR 2015)
52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (36) (MAY 2022) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(37) 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 (i) applicable to the acquisition of commercially available off-the-shelf items.)
Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)(ii) (MAY 2008)
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).(38)
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693).(39) (JUN 2016)
(40) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (E.O.s 13423 and 13514).(i) (JUN 2014)
Alternate I of 52.223-13.(ii) (OCT 2015)
(41) 52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O.s 13423 and 13514).(i) (JUN 2014)
Alternate I (Jun2014) of 52.223-14.(ii)
52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(42) (MAY 2020)
(43) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (E.O.s 13423 and 13514).(i) (OCT 2015)
Alternate I of 52.223-16.(ii) (JUN 2014)
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(44) (JUN 2020)
52.223-20, Aerosols (E.O. 13693).(45) (JUN 2016)
52.223-21, Foams (Jun2016) (E.O. 13693).(46)
(47) 52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (JAN 2017)
Alternate I of 52.224-3.(ii) (JAN 2017)
52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(48) (NOV 2021)
(49) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 (i) (NOV 2021) 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.
Alternate I of 52.225-3.(ii) ( 2021)JAN
Alternate II of 52.225-3.(iii) ( 2021)JAN
Alternate III of 52.225-3.(iv) ( 2021)JAN
52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(50) (OCT 2019) et seq
52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (51) (FEB 2021)
Assets Control of the Department of the Treasury).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National (52)
Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(53)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).(54)
52.229-12, Tax on Certain Foreign Procurements .(55) (FEB 2021)
52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 2307(56) (NOV 2021)
(f)).
52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 2307(f)).(57) (NOV 2021)
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(58) (OCT2018)
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(59)
52.232-36, Payment by Third Party (31 U.S.C. 3332).(60) (MAY 2014)
52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(61) (AUG 1996)
52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(62) (JAN 2017)
(63) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(i) (NOV 2021)
Alternate I of 52.247-64.(ii) (APR 2003)
Alternate II of 52.247-64.(iii) (NOV 2021)
The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has (c) indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ]Contracting Officer check as appropriate.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (AUG 2018)
52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (MAY 2014)
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (AUG 2018)
(29 U.S.C. 206 and 41 U.S.C. chapter 67).
52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4)
C. chapter 67).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain (5)
Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (MAY 2014)
(41 U.S.C. chapter 67).
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (JAN 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (JAN 2022)
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
. The Contractor shall comply with the provisions of this paragraph (d) if this contract was (d) Comptroller General Examination of Record awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right (1) to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, (2) 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 disputes 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.
As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and (3) 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) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow (1) down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(i) (NOV 2021)
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division (ii) E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other (iii) Covered Entities (Section 1634 of Pub. L. 115-91).(NOV 2021)
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (iv) (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
52.219-8, Utilization of Small Business Concerns (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further (v) (OCT 2018) subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
52.222-21, Prohibition of Segregated Facilities .(vi) (APR 2015)
52.222-26, Equal Opportunity (E.O.11246).(vii) (SEP 2015)
52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(viii) (JUN 2020)
52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(ix) (JUN 2020)
52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(x) (JUN 2020)
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required (xi) (DEC 2010) in accordance with paragraph (f) of FAR clause 52.222-40.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(xii) (AUG 2018)
(xiii) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(A) (NOV 2021)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(B) (MAR 2015)
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or (xiv) Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (xv) (41 U.S.C. chapter 67).(MAY 2014)
52.222-54, Employment Eligibility Verification (E.O. 12989).(xvi) (MAY 2022)
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(xvii) (JAN 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(xviii) (JAN 2022)
(xix) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)
Alternate I of 52.224-3.(B) (JAN 2017)
52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of (xx) (OCT 2016) the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in (xxi) (JUN 2020) accordance with paragraph (e) of FAR clause 52.226-6.
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). (xxii) (NOV 2021) Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number (2) of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-8 Option to Extend Services. Nov 1999
As prescribed in , insert a clause substantially the same as the following:17.208(f)
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 [insert the period of time within which the Contracting Officer may exercise the option].TBA
(End of clause)
52.217-9 Option to Extend the Term of the Contract. Mar 2000
As prescribed in , insert a clause substantially the same as the following:17.208(g)
OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
The Government may extend the term of this contract by written notice to the Contractor within [insert the period of time within which (a) TBA the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days[ ] before the contract expires. The preliminary notice does not commit TBA 60days unless a different number of days is inserted the Government to an extension.
If the Government exercises this option, the extended contract shall be considered to include this option clause.(b)
The total duration of this contract, including the exercise of any options under this clause, shall not exceed (months) (years).(c) TBA
(End of clause)
52.223-3 Hazardous Material Identification and Material Safety Data. Feb 2021
As prescribed in , insert the following clause:23.303
HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (FEB 2021)
"Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (a) (including revisions adopted during the term of the contract).
The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous (b) material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.
Material (If none, insert )None Identification No.
This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered (c) under this contract is hazardous.
The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the (d) requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or (e) inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or (f) liability for the safety of Government, Contractor, or subcontractor personnel or property.
Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, (g) ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
The Government's rights in data furnished under this contract with respect to hazardous material are as follows:(h)
To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-(1)
Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous (i) materials;
Obtain medical treatment for those affected by the material; and(ii)
Have others use, duplicate, and disclose the data for the Government for these purposes.(iii)
To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over (2) any other clause of this contract providing for rights in data.
The Government is not precluded from using similar or identical data acquired from other sources.(3)
(End of clause)
DFARS Clauses Incorporated by Full Text
252.245-7004 Reporting, Reutilization, and Disposal Dec 2017
As prescribed in 245.107(5), use the following clause:
REPORTING, REUTILIZATION, AND DISPOSAL (DEC 2017)
(a) As used in this clause-Definitions.
(1) "Demilitarization" means the act of eliminating the functional capabilities and inherent military design features from DoD personal property. Methods and degree range from removal and destruction of critical features to total destruction by cutting, tearing, crushing, mangling, shredding, melting, burning, etc.
(2) "Export-controlled items" means items subject to the Export Administration Regulations (EAR) (15 CFR parts 730-774) or the International Traffic in Arms Regulations [(ITAR)] (22 CFR parts 120-130). The term includes-
(i) "Defense items," defined in the Arms Export Control Act, 22 U.S.C. 2778(j)(4)(A), as defense articles, defense services, and related technical data, etc.; and
(ii) "Items," defined in the EAR as "commodities," "software," and "technology," terms that are also defined in the EAR, 15 CFR 772.1.
(3) "Ineligible transferees" means individuals, entities, or countries-
(i) Excluded from Federal programs by the General Services Administration as identified in the System for Award Management Exclusions located at https://www.acquisition.gov;
(ii) Delinquent on obligations to the U.S. Government under surplus sales contracts;
(iii) Designated by the Department of Defense as ineligible, debarred, or suspended from defense contracts; or
(iv) Subject to denial, debarment, or other sanctions under export control laws and related laws and regulations, and orders administered by the Department of State, the Department of Commerce, the Department of Homeland Security, or the Department of the Treasury.
(4) "Scrap" means property that has no value except for its basic material content. For purposes of demilitarization, scrap is defined as recyclable waste and discarded materials derived from items that have been rendered useless beyond repair, rehabilitation, or restoration such that the item's original identity, utility, form, fit, and function have been destroyed. Items can be classified as scrap if processed by cutting, tearing, crushing, mangling, shredding, or melting. Intact or recognizable components and parts are not "scrap."
(5) "Serviceable or usable property" means property with potential for reutilization or sale "as is" or with minor repairs or alterations.
(b) Unless disposition instructions are otherwise included in this contract, the Contractor shall complete SF Inventory disposal schedules.
1428, Inventory Schedule B, within the Plant Clearance Automated Reutilization Screening System (PCARSS). Information on PCARSS can be obtained from the plant clearance officer and at http://www.dcma.mil/WBT/PCARSS/.
(1) The SF 1428 shall contain the following:
(i) If known, the applicable Federal Supply Code (FSC) for all items, except items in scrap condition.
(ii) If known, the manufacturer name for all aircraft components under Federal Supply Group (FSG) 16 or 17 and FSCs 2620, 2810, 2915, 2925, 2935, 2945, 2995, 4920, 5821, 5826, 5841, 6340, and 6615.
(iii) The manufacturer name, make, model number, model year, and serial number for all aircraft under FSCs 1510 and 1520.
(iv) See Appendix 2 of DLM 4000.25-2, Military Standard Transaction Reporting and Appropriate Federal Condition Codes.
Accounting Procedures (MILSTRAP) manual, edition in effect as of the date of this contract. Information on Federal Condition Codes can be obtained at http://www.dla.mil/HQ/InformationOperations/DLMS/elibrary/manuals/MILSTRAP/.
(2) If the schedules are acceptable, the plant clearance officer shall complete and send the Contractor a DD Form 1637, Notice of Acceptance of Inventory.
(c) Unless otherwise provided in the contract, the proceeds of any sale, purchase, or retention shall be-Proceeds from sales of surplus property.
(1) Forwarded to the Contracting Officer;
(2) Credited to the Government as part of the settlement agreement;
(3) Credited to the price or cost of the contract; or
(4) Applied as otherwise directed by the Contracting Officer.
(d) If demilitarization, mutilation, or destruction of contractor inventory is required, the Demilitarization, mutilation, and destruction.
Contractor shall demilitarize, mutilate, or destroy contractor inventory, in accordance with the terms and conditions of the contract and consistent with Defense Demilitarization Manual, DoDM 4160.28-M, edition in effect as of the date of this contract. The plant clearance officer may authorize the purchaser to demilitarize, mutilate, or destroy as a condition of sale provided the property is not inherently dangerous to public health and safety.
(e) The Contractor shall dispose of classified contractor inventory in accordance with applicable security Classified Contractor inventory.
guides and regulations or as directed by the Contracting Officer.
(f) Contractor inventory dangerous to public health or safety shall not be disposed of unless Inherently dangerous Contractor inventory.
rendered innocuous or until adequate safeguards are provided.
(g) Consistent with contract terms and conditions, property disposition shall be in Contractor inventory located in foreign countries.
accordance with foreign and U.S. laws and regulations, including laws and regulations involving export controls, host nation requirements, Final
Governing Standards, and Government-to-Government agreements. The Contractor's responsibility to comply with all applicable laws and regulations regarding export-controlled items exists independent of, and is not established or limited by, the information provided by this clause.
(h) Disposal of scrap.
(1) Contractor with scrap procedures.
(i) The Contractor shall include within its property management procedure, a process for the accountability and management of Government-owned scrap. The process shall, at a minimum, provide for the effective and efficient disposition of scrap, including sales to scrap dealers, so as to minimize costs, maximize sales proceeds, and, contain the necessary internal controls for mitigating the improper release of non-scrap property.
(ii) The Contractor may commingle Government and contractor-owned scrap and provide routine disposal of scrap, with plant clearance officer concurrence, when determined to be effective and efficient.
(2) The plant clearance officer may require the Contractor to secure from scrap buyers a DD Form 1639, Scrap Warranty.Scrap warranty.
(i) Sale of surplus Contractor inventory.
(1) The Contractor shall conduct sales of contractor inventory (both useable property and scrap) in accordance with the requirements of this contract and plant clearance officer direction.
(2) Any sales contracts or other documents transferring title shall include the following statement:
``The Purchaser certifies that the property covered by this contract will be used in (name of country). In the event of resale or export by the Purchaser of any of the property, the Purchaser agrees to obtain the appropriate U.S. and foreign export or re-export license approval.
(j) Restrictions on purchase or retention of Contractor inventory.
(1) The Contractor may not knowingly sell the inventory to any person or that person's agent, employee, or household member if that person-
(i) Is a civilian employee of the DoD or the U.S. Coast Guard;
(ii) Is a member of the armed forces of the United States, including the U.S. Coast Guard; or
(iii) Has any functional or supervisory responsibilities for or within the DoD's property disposal/disposition or plant clearance programs or for the disposal of contractor inventory.
(2) The Contractor may conduct Internet-based sales, to include use of a third party.
(3) If the Contractor wishes to bid on the sale, the Contractor or its employees shall submit bids to the plant clearance officer prior to…
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