Sol_140D0424Q0007.pdf
PDF 952 KB Posted
- Attached to
- AVIS Case Name: Fort Berthold 25 appraisals; Avis Federal contract opportunity
- Solicitation number
- 140D0424Q0007
About this file
This request for quotation (RFQ) solicits market valuation and appraisal services for 25 properties on behalf of the Fort Berthold Bureau of Indian Affairs (BIA). The Department of the Interior Appraisal and Valuation Services Office (AVSO) seeks a firm-fixed price contract for appraisal reports that comply with Uniform Standards of Professional Appraisal Practice (USPAP) and are delivered within 90 days of award. Quotes are due by October 23, 2023 and the award will be a small business set-aside for an Indian Economic Enterprise. Offerors must demonstrate state certification as an appraiser, experience appraising similar properties, and acceptable past performance and deliverables. The selected appraiser will inspect assigned properties unless inspection is waived and follow appraisal guidelines.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Sol_140D0424Q0007_Amd_0002.pdf | ||
| Sol_140D0424Q0007_Amd_0001.pdf |
On GovTribe
Work with this file on GovTribe
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
SEE ADDENDUMIS CHECKED
CODE 18a. PAYMENT WILL BE MADE BY
CODE
FACILITYCODE
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER
OFFEROR
D55
Suite 2000A 381 Elden Street Acquisition Services Directorate Interior Business Center, AQD
CODE 16. ADMINISTERED BYCODE
X
X
X
531320
SIZE STANDARD:
100.00 % FOR:SET ASIDE:UNRESTRICTED ORD55
RFPIFB
10. THIS ACQUISITION ISCODE
RFQ
14. METHOD OF SOLICITATION
13b. RATING
NAICS:
SMALL BUSINESS
10/23/2023 1500 ED
10/12/2023
7039648806Joy Wilson (No collect calls)
INFORMATION CALL:
FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME
4. ORDER NUMBER3. AWARD/ 6. SOLICITATION
140D0424Q0007
5. SOLICITATION NUMBER
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF
1 43 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
Herndon VA 20170
TELEPHONE NO.
17a. CONTRACTOR/
15. DELIVER TO
Herndon VA 20170 Suite 2000A 381 Elden Street Acquisition Services Directorate
9. ISSUED BY
7.
2. CONTRACT NO.
EFFECTIVE DATE
$9.5
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
ISSUE DATE
DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
11.
SEE SCHEDULE
12. DISCOUNT TERMS
THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13a.
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
8(A)
Interior Business Center, AQD
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
The U.S. Department of the Interior, Appraisal and Valuation Services Office, requirement for market valuation and appraisal report services for Fort Berthold 25 appraisals; Avis Case Number: A04-301-2023-00025.
(Use Reverse and/or Attach Additional Sheets as Necessary)
HEREIN, IS ACCEPTED AS TO ITEMS:
XX
DATED
Morgan Schickler
. YOUR OFFER ON SOLICITATION (BLOCK 5),
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER
ARE
ARE
31c. DATE SIGNED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)
ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL
SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
26. TOTAL AWARD AMOUNT (For Govt. Use Only)
OFFER
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
ARE NOT ATTACHED.
ARE NOT ATTACHED.
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
30b. NAME AND TITLE OF SIGNER (Type or print)
30a. SIGNATURE OF OFFEROR/CONTRACTOR
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
25. ACCOUNTING AND APPROPRIATION DATA
29. AWARD OF CONTRACT:
REF.
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER
37. CHECK NUMBER
FINALPARTIAL
36. PAYMENT
FINALPARTIAL
35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER33. SHIP NUMBER
COMPLETE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)
42b. RECEIVED AT (Location)
42a. RECEIVED BY (Print)
41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
STANDARD FORM 1449 (REV. 2/2012) BACK
24.
AMOUNT
23.
UNIT PRICE
22.
UNIT
21.
QUANTITY
20.
SCHEDULE OF SUPPLIES/SERVICES
19.
ITEM NO.
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE
43 2 of
Page | 3
United States Department of the Interior
INTERIOR BUSINESS CENTER
Washington, DC 20240
TABLE OF CONTENTS
INSTRUCTIONS TO OFFEROR’S
TECHNICAL QUALIFICATION FOR REQUIREMENT
EVALUATION OF QUOTATIONS
SUBMISSION OF QUOTE
STATEMENT OF WORK (SOW)
CONTRACT CLAUSES
52.252-2 Clauses Incorporated by Reference (Feb 1998) 52.204-13 System for Award Management Maintenance. (Oct 2018) 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014)…………….…...13 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023)… 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Dec 2022) 13 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)……… 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders- Commercial Products and Commercial Services (Sep 2023)…….……… DOI-AAAP-0028 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Sept 2017) 1452.280-2 Notice of Indian Economic Enterprise set-aside (Feb 2021)……………………..….……22 1452.280-3 Indian Economic Enterprise subcontracting limitations (Feb 2021)……………...……..24
CONTRACT PROVISIONS
52.252-1 Solicitation Provisions Incorporated by Reference. (Feb 1998) 52.204-7 System for Award Management (Oct 2018) 52.204-16 Commercial and Government Entity Code Reporting (Aug 2020) 52.204-22 Alternative Line-Item Proposal (Jan 2017) 52.212-1 Instructions to Offerors-Commercial Products and Commercial Services (Sep 2023) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) 52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020) 52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services (Sep 2023) 1452.280-1 Notice of Indian Small Business Economic Enterprise set-aside (Feb 2021) ….………….43 1452.280-4 Indian Economic Enterprise representation (Feb 2021)………….…………….………….43
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
Solicitation-140D0424Q0007
INSTRUCTIONS TO OFFEROR'S
The Department of the Interior (DOI)/Inteiior Business Center (IBC), Acquisition Se1vices Directorate (AQD) on behalf of the Appraisal and Valuation Se1vices Office (AVSO) and the Bureau of Indian Affairs (BIA), is issuing a request for quotation for market valuation and appraisal se1vices for A VIS Case Name: Fo1t Be1thold 25 appraisals; Avis Case Number: A04-301-2023-00025.
SOLICITATION/AWARD PROCEDURES
This Request for Quote (RFQ) is issued in accordance with the Federal Acquisition Regulation (FAR) Pait 12, the acquisition of commercial items and FAR Pait 13 Simplified Acquisition Procedures.
ANTICIPATED AW ARD TYPE
Indian Small Business Economic Enterprise (ISBEE) Set-Aside (specific to Department of Interior).
NAICS: 531320 "Offices of Real Estate Appraisers" PSC: R41 l "Suppo1t-Professional: Real Property Appraisals" Type of Contract: Film-Fixed-Priced (FFP)
SERVICE AND SUPPLIES
Requirement ai·e provided in the Statements of Work (SOW).
DELIVERY/PERIOD OF PERFORMANCE
The target pe1iod of perfo1mance will be dete1mined at the contract awai·d. See Pe1fo1mance/Deliverable Requirements specified in the SOW.
LINE-ITEM PRICING
CLIN
Land Appraisal Services Description Total Price
No..
A VIS Case Name: Fo1t Be1thold 25 appraisals 00010 A VIS Case Number: A04-301-2023-00025
A VIS Proiect Number: NIA
As FFP requirement the pricing within an offeror's quotation shall reflect the cost to perfo1m the assignment to include but not limited to any travel, fees, Government discounts granted.
GENERAL REQUIREMENTS
Cover letter no more than one (I) page that includes:
• Tax Identification Number (TIN)
• Unique Entity Identifier (UEI)
• Complete Business Mailing Address
• Contact Name
• Contact Phone
• Contact Email Address
• Quotation Date
• Quotation Expiration date (60 days)
41P a g e
Solicitation – 140D0424Q0007
Page | 5
TECHNICAL QUALIFICATION FOR REQUIREMENT
The quotation shall include all the following information:
FACTOR 1 – STATE CERTIFICATION
a. State Certification: The appraiser must hold a current certified general appraiser license from the State of
North Dakota as demonstrated by a copy of their State Licensing Certificate or have obtain a temporary practice permit for the State of North Dakota. If the appraiser is licensed in another state and applying for a license in the subject jurisdiction, he/she must provide a copy of his/her current state license. If successful, the vendor will have any temporary licenses in place 30 days after accepting the assignment.
FACTOR 2 – TECHNICAL ACCEPTABILITY
a. Experience for Assignment: Both geographical competency and technical competency will be considered. The contractor shall provide a standard Appraiser's Statement of Qualifications and a signed offer letter that describes and attests to the following:
i. Identify years of experience appraising agricultural comparable tracts of improved properties and unimproved land within similar areas of North Dakota and Indian Reservations.
ii. Identify years of experience appraising lands for federal sale or acquisition under both USPAP and UASFLA guidelines.
iii. Provide a list of at least three (3) agricultural appraisal assignments for similar lands in
North Dakota, completed within the past ten years. The list should include location, acreage, improved or unimproved, date of report or date of value and zoning.
iv. Provide years of appraisal experience as a Certified General Appraiser, professional affiliations, and designations.
v. A designation from a recognized professional appraisal organization will be considered but is not required please submit documentation of the same.
b. Qualifications of Associate Appraisers: Any associates expected to contribute to the appraisal must be identified in the quote and a statement of qualifications and copy of license or permit must be provided for each individual. Those qualifications will be considered in the evaluation of offers, with emphasis on professional designations and license, years of appraisal experience, and extend of education applicable to the appraisal of rural real estate. An expanded description of these qualifications for any key associates is recommended and may be included in the quote. Sub-contracting of this assignment is not permissible.
FACTOR 3 – PAST PERFORMANCE
a. Submit a list of the USPAP compliant appraisal reports that the appraiser(s) have performed in the last five (5) years. Include property type, general location, agency, contact information, etc. If completed for the AVSO or its predecessor organizations ITPVD or OVS the above information can be substituted by including the OASIS number or the case number.
b. Submit one sample of comparable sale write up sheet for vacant land comparable sale and one sample of comparable sale write up sheet for an improved comparable sale.
Page | 6
FACTOR 4 – DELIVERY/INSPECTION DATE
The target date for the initial appraisal report is 90 days from the award of the contract. If the target dates are not achievable, then the contractor may request in writing alternative delivery dates up to a 30-day extension and the reason for the later delivery. Early delivery is preferable.
FACTOR 5 – PRICE QUOTE
A. The Quoter must provide a firm-fixed price quote with any and all discounts applied for all the work to complete the assignment described in the Statement of Work (SOW).
B. Price quotes will be evaluated for completeness and reasonableness.
EVALUATION OF QUOTATIONS:
FAR 52.212-2 Evaluation-Commercial Products and Commercial Services (Nov 2021)
a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. Award of this Contract will be made on a Best Value/Trade Off basis. The following factors shall be used to evaluate offers: State Certification, Technical Capability, Past Performance, Appraisal Delivery/Inspection Date and Appraisal Fee.
State Certification, Technical Capability, Past Performance and Appraisal
Delivery/Inspection Date, when combined, are more important than the Appraisal Fee.
(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of provision)
Further past performance determinations in federal contracting shall be made through a review of relevant information listed within the System of Award Management (SAM) and the Contractor Performance Assessment Reporting System (CPARS).
• All offerors are required to have an active Unique Entity Identifier (UEI) and be registered in www.SAM.gov prior to submission of quotation. **Note, the UEI replaced the DUNS number on April 4, 2022.
**SUBMISSION OF INTENT**
The Contractor is requested to notify via email to Morgan Schickler, Contracting Officer, at morgan schickler@ibc.doi.gov and Joy B. Wilson, Contracting Specialist, at joy wilson@ibc.doi.gov of their intent to submit a quote on this order on or before 3:00P.M. Eastern Time, October 19, 2023. All
Page | 7 submissions shall reference “Quote – 140D0424Q0007” included in the subject line.
SUBMISSION OF QUESTIONS
Submissions of Questions to this RFQ shall be sent via email to Morgan Schickler, Contracting Officer, at morgan schickler@ibc.doi.gov and Joy B. Wilson, Contracting Specialist, at joy wilson@ibc.doi.gov on or before 3:00 P.M. Eastern Time, October 19, 2023. All submissions shall reference “Quote – 140D0424Q0007” included in the subject line.
SUBMISSION OF QUOTE
Submissions of Quote to this RFQ shall be sent via email to Morgan Schickler, Contracting Officer, at morgan schickler@ibc.doi.gov and Joy B. Wilson, Contracting Specialist, at joy wilson@ibc.doi.gov on or before 3:00 P.M. Eastern Time, October 23, 2023. All submissions shall reference “Quote – 140D0424Q0007” included in the subject line.
8 | P a g e
STATEMENT OF WORK
Appraisal and Valuation Services Office (AVSO)
The purpose of this Statement of Work (SOW) is to provide instruction and minimum appraisal standards to appraisers for the valuation assignment detailed below. This SOW outlines certain criteria that must be followed as required content in an appraisal report prepared for Appraisal and Valuations Service Office (AVSO).
The Appraiser must read and fully understand the contents of this SOW before continuing the assignment as many aspects of the appraisal report have been detailed throughout. This Statement of Work is to be an attachment to the Appraisal Request and must be included, along with the request in the final appraisal report. Failure to abide by the terms and conditions of Appraisal Request and this Statement of Work may result in an omission of required substance and therefore the return or rejection of the Appraisal Report for non-compliance reasons.
Assignment Elements
AVSO File # See attached list page 5 (A04-301-2023-00025) Agency Case #: See attached list of OASIS #s page 5 (00207407) Client: U.S. Department of Interior’s, Appraisal and Valuations Services Office (AVSO) Intended Users: AVSO, Fort Berthold BIA, and any other users identified by the appraisal request.
Intended Use: The intended use of this appraisal is to assist the client and intended users with approval of a negotiated sale or exchange of agricultural and residential lands.
Definition of Market
Value:
Federal regulations prescribe the definition of market value for use in negotiating a sale of Indian trust land as:
"Market Value" The most probable price, as of a specified date, in cash, or in terms equivalent to cash, or in other precisely revealed terms, for which the specified property rights should sell after reasonable exposure in a competitive market under all condition’ requisite a fair, with the buyer and seller each acting prudently, knowledgeably, and for, and assuming that neither is under undue.
Source: The Appraisal of Real Estate Appraisal, 15th Edition, The Appraisal Institute Property Rights to be
Appraised:
The purpose of the appraisal is to form an independent opinion of the market value of the fee simple estate of the defined property.
Effective Date: Assignment conclusions should be effective as of the date of inspection unless otherwise noted by the client or the Appraisal Request.
Subject Property: The subject of the appraisal is the Allotted land identified in the Appraisal Request.
See appraisal request for clarification.
Property Exhibits: AVSO & BIA will provide relevant property information, including but not limited to:
Legal Description, Aerial photography, Appraisal Request, and Title Status Report.
Assignment Conditions Appraiser
Qualifications:
This appraisal assignment prescribes a State Certified General Appraiser in good standing in the state in which the subject property is located. The engaged appraiser must sign the report.
Applicable Regulation:
This appraisal assignment shall be performed in accordance with guidelines established by the current edition of the Uniform Standards of Professional
9 | P a g e
Appraisal Practice (USPAP). The appraisal shall be an Appraisal Report, as identified by USPAP SR-2(a). See USPAP AO-28 for clarification.
Confidentiality: The appraisal report and all information furnished by the BIA or AVSO to the Appraiser are to be considered confidential.
Extraordinary Assumptions:
None. If the appraiser determines that extraordinary assumptions are necessary for the completion of the assignment, he/she must contact the AVSO Review Appraiser for prior written approval.
Hypothetical Conditions:
“The valuation of the subject property in fee simple title is a hypothetical condition use of which may affect the assignment results.” The Appraiser must invoke the above hypothetical condition.
If the appraiser determines that any additional hypothetical conditions are necessary, he/she must contact the AVSO Review Appraiser for prior written approval.
Inspection: The engaged appraiser will physically inspect the subject property unless such inspection is waived, in writing by AVSO. Extent of inspection should be sufficient to adequately identify those characteristics which impact the estimate of fair market value. Access to the property shall be coordinated with the BIA and or Landowner.
Personal Property, Fixtures and Improvements:
There are no Improvements on the subject property to be included in the Appraisal. If improvements are present on inspection, they should be noted and described in the report but not valued. Improvements may have an impact on the Highest and Best Use of the Subject.
Market Value Analysis:
The extent of market analysis should be sufficient to accurately characterize the market for such properties including those characteristics that impact agricultural and residential values. Recent transactions of relevant residential, farming and grazing sales should be researched, confirmed, and analyzed, including private treaty, arms-length sales, and trust or restricted land sales. Inspection of comparable data detailed in the analysis is required, unless waived in writing by (AVSO) prior to report completion.
Appraisal Methodology:
The Sales Comparison Approach is the only relevant valuation methodology anticipated in this assignment. The Cost, nor the Income Approach to Value is not applicable nor necessary and is not a violation of USPAP.
Minimum Appraisal Report Content:
The appraisal report must meet or exceed those requirements set forth in USPAP SR 2-2(a). Additionally, the appraisal must include the following:
• Cover Page must prominently identify the USPAP Reporting Option
(Appraisal Report), as well as the Client, Property Identification, Appraisal Request Number and BIA OSIS number, Effective and Report Dates.
• Subject and comparable property descriptions should contain enough information to allow the intended users of the appraisal to adequately visualize the relevant characteristics. (e.g., legal description, land uses, type and quality of access, improvements, source and adequacy of fencing and water supply for grazing), vegetative cover, soil types, topography, etc.). All comparable sales used should be confirmed, analyzed, and reported in similar detail and consistent fashion to the subject property.
• The report must contain at a minimum an aerial photograph with the estimated property boundary for the subject and each of the comparable sales and a photograph from the property inspection, unless waived by (AVSO).
13 | P a g e
CONTRACT CLAUSES:
FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov
FAR 52.204-13 System for Award Management Maintenance. (Oct 2018) FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) FAR 52.204-27 Prohibition on a ByteDance Covered Application (Jun 2023) FAR 52.212-4 Contract Terms and Conditions – Commercial Products and Commercial Services (Dec 2022) FAR 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023)
(End Clause)
FAR 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders— Commercial Products and Commercial Services. (Sep 2023)
(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 acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division 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)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-
78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has 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.] __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).
__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (JUN 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
__ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
__ (5) [Reserved].
__ (6) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
14 | P a g e
__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).
__ (8) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
__ (9) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).
__ (10) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).
__ (11) [Reserved].
__ (12) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).
__ (13) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).
(14) [Reserved] _X_ (15) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-6.
(16)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).
__ (ii) Alternate I (MAR 2020) of 52.219-7.
__ (17) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and (3)).
__ (18)
(i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 15 U.S.C. 637(d)(4)).
__ (ii) Alternate I (NOV 2016) of 52.219-9.
__ (iii) Alternate II (NOV 2016) of 52.219-9.
__ (iv) Alternate III (JUN 2020) of 52.219-9.
__ (v) Alternate IV (SEP 2023) of 52.219-9.
__ (19)
(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).
__ (ii) Alternate I (MAR 2020) of 52.219-13.
__ (20) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).
(21) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).
__ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).
X (23) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2023)( 15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (MAR 2020) of 52.219-28.
__ (24) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically
Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).
__ (25) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business
Concerns Eligible Under the Women-Owned Small Business Program (OCT 2022) ( 15 U.S.C. 637(m)).
__ (26) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR
2020) ( 15 U.S.C. 644(r)).
__ (27) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).
_X_ (28) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).
__ (29) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC 2022) (E.O.13126).
_X_ (30) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
_X_ (31) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).
__ (ii) Alternate I (FEB 1999) of 52.222-26.
__ (32)
(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
(ii) Alternate I (JUL 2014) of 52.222-35.
__ (33)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).
__ (ii) Alternate I (JUL 2014) of 52.222-36.
15 | P a g e
__ (34) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
__ (35) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC
2010) (E.O. 13496).
_X_ (36) (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O.
13627).
__ (ii) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
__ (37) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (38)
(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 commercially available off-the-shelf items.)
(39) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (40) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).
__ (41)
(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and
13514).
__ (ii) Alternate I (OCT 2015) of 52.223-13.
__ (42)
(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (43) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).
__ (44)
(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).
__ (ii) Alternate I (JUN 2014) of 52.223-16.
_X_ (45) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN
2020) (E.O. 13513).
__ (46) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).
__ (47) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (48)
(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (JAN 2017) of 52.224-3.
__ (49)
(i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).
__ (ii) Alternate I (OCT 2022) of 52.225-1.
__ (50)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].
__ (iii) Alternate II (DEC 2022) of 52.225-3.
__ (iv) Alternate III (JAN 2021) of 52.225-3.
(v) Alternate IV (Oct 2022) of 52.225-3.
__ (51) 52.225-5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
X__ (52) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
16 | P a g e
__ (53) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
Subtitle A, Part V, Subpart G Note).
__ (54) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).
__ (55) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)
( 42 U.S.C. 5150).
__ (56) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).
__ (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial
Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
__ (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV
2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).
_X_ (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award
Management (OCT2018) ( 31 U.S.C. 3332).
__ (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award
Management (Jul 2013) ( 31 U.S.C. 3332).
(61) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).
__ (62) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).
__ (63) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).
__ (64)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C.
55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (APR 2003) of 52.247-64.
__ (iii) Alternate II (NOV 2021) 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 provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).
X (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)
( 42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was 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.
(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 transactions 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
17 | P a g e 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.
(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
Contractor is not required to flow 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-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
(Jan 2017) (section 743 of Division 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)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).
(vi) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further 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.
(vii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(viii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).
(ix) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).
(xii) 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.
(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).
(xiv)
(A) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (MAR 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).
(xvii) 52.222-54, Employment Eligibility Verification (MAY 2022) (E.O. 12989).
(xviii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN
2022).
(xix) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).
(xx)
(A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (OCT 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C.
18 | P a g e
Subtitle A, Part V, Subpart G Note).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (JUN
2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31
U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV 2021) ( 46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
DIAR 1452.201-70 Authorities and delegations (Sep 2011) The Contracting Officer is the only individual authorized to enter into or terminate this contract, modify any term or condition of this contract, waive any requirement of this contract, or accept nonconforming work.
(a) The Contracting Officer will designate a Contracting Officer's Representative (COR) at time of award.
The COR will be responsible for technical monitoring of the contractor's performance and deliveries.
The COR will be appointed in writing, and a copy of the appointment will be furnished to the Contractor. Changes to this delegation will be made by written changes to the existing appointment or by issuance of a new appointment.
(b) The COR is not authorized to perform, formally or informally, any of the following actions:
1. Promise, award, agree to award, or execute any contract, contract modification, or notice of intent that changes or may change this contract;
2. Waive or agree to modification of the delivery schedule;
3. Make any final decision on any contract matter subject to the Disputes Clause;
4. Terminate, for any reason, the Contractor's right to proceed;
5. Obligate in any way, the payment of money by the Government.
(c) The Contractor shall comply with the written or oral direction of the Contracting Officer or authorized representative(s) acting within the scope and authority of the appointment memorandum. The Contractor need not proceed with direction that it considers to have been issued without proper authority. The Contractor shall notify the Contracting Officer in writing, with as much detail as possible, when the COR has taken an action or has issued direction (written or oral) that the Contractor considers to exceed the COR's appointment, within 3 days of the occurrence. Unless otherwise provided in this contract, the Contractor assumes all costs, risks, liabilities, and consequences of performing any work it is directed to perform that falls within any of the categories defined in paragraph (c) prior to receipt of the Contracting Officer's response issued under paragraph (e) of this clause.
(d) The Contracting Officer shall respond in writing within 30 days to any notice made under paragraph
(e) of this clause. A failure of the parties to agree upon the nature of a direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions of the Disputes clause of this contract.
(f) The Contractor shall provide copies of all correspondence to the Contracting Officer and the COR.
19 | P a g e
(g) Any action(s) taken by the Contractor, in response to any direction given by any person acting on behalf of the Government or any Government official other than the Contracting Officer or the COR acting within his or her appointment, shall be at the Contractor's risk.
20 | P a g e
LOCAL CLAUSES
Disclosure of Information Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.
The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.
Release of Information No news release (including photographs and films, public announcements, denial, or confirmation of same) on any part of the subject matter of this effort or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer.
The Contractor is prohibited from releasing to any source, other than the sponsoring activity, any interim, draft, and final reports or information pertaining to services performed under this contract until report approval or official review has been obtained. Furthermore, the Contractor shall insure that the cover of all interim, draft, and final reports contains the following statement: "The view, opinions, or findings contained in this report are those of the author(s) and should not be construed as an official Government position, policy, or decision, unless so designated by other documentation."
There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this effort without prior written approval from the Contracting Officer.
Information made available to the Contractor by the Government for the performance or administration of this effort shall be used only for those purposes and shall not be used in any other way without the written agreement of the Contracting Officer.
The Contractor agrees to assume responsibility for protecting the confidentiality of Government records, which are not public information. Each Contractor or employee of the Contractor to whom information may be made available or disclosed shall be notified in writing by the Contractor that such information may be disclosed only for a purpose and to the extent authorized herein.
(a) The contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer or Contracting Officer's Representative, in the strictest confidence. The contractor also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor's possession, to those employees needing such information to perform the work described herein, i.e., on a “need to know” basis. The contractor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred.
(b) The contractor agrees that it will not disclose any information described in subsection (a) to any person unless prior written approval is obtained from the Contracting Officer. The contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.
(End of Local Clause)
21 | P a g e
DOI-AAAP-0028 Electronic Invoicing and Payment Requirements - Invoice Processing Platform (IPP) (Sept 2017) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP).
"Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov.
Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice:
Invoice Contents: Invoices will be paid upon approval and acceptance by the Government COR.
Invoices must include, as a minimum, the following information:
• Contractor name
• Contractor address
• Purchase Order No.
• Purchase Order No.
• Invoice date and number
• Billing Period for the services performed
• FFP Monthly Total (if FFP)
• FFP Deliverable (if FFP)
• ODC Total with corresponding breakout (if applicable)
• Additional supporting documentation MAY BE REQUESTED at the discretion of the COR.
The Contractor must use the IPP website to register access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM) will receive enrollment instructions via email from the Federal Reserve Bank of St. Louis (FRBSTL) within 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email IPPCustomerSupport@fiscal.treasury.gov or phone
(866) 973-3131.
If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its quotation.
(End of Local Clause)
22 | P a g e
1452.280-2 Notice of Indian Economic Enterprise set-aside.
Notice of Indian Economic Enterprise Set-Aside (FEB 2021)
(a) Definitions as used in this clause.
Alaska Native Claims Settlement Act (ANCSA) means Public Law 92-203 (December 18, 1971), 85 Stat. 688, codified at 43 U.S.C. 1601-1629h.
Indian means a person who is an enrolled member of a Federally Recognized Indian Tribe.
Indian Economic Enterprise means any business activity owned by one or more Indians or Federally Recognized Indian Tribes, provided that:
(i) The combined Indian or Federally Recognized Indian Tribe ownership of the enterprise shall constitute not less than 51 percent;
(ii) The Indians or Federally Recognized Indian Tribes shall, together, receive at least 51 percent of the earnings from the contract; and
(iii) The management and daily business operations of an Indian Economic Enterprise must be controlled by one or more individuals who are Indians. To ensure actual control over the enterprise, the individuals must possess requisite management or technical capabilities directly related to the primary industry in which the enterprise conducts business. Management of Tribally owned Indian Economic Enterprises may be provided by:
(A) Committees, teams, or Boards of Directors which are controlled by one or more members of Tribe, or;
(B) Non-Tribal members if the enterprise can demonstrate that the Tribe can hire and fire those individuals, that it will retain control of all management decisions common to Committees, teams, or…
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it. Updated .