Solicitation - FA301622Q0041.pdf
PDF 1 MB Posted
- Attached to
- FSH Window Replacement Federal contract opportunity
- Solicitation number
- FA301622Q0041
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| FA301622Q0041 Questions and Answers.pdf | ||
| Solicitation Amendment FA301622Q00410002 SF 30.pdf | ||
| Solicitation Amendment FA301622Q00410001 SF 30.pdf | ||
| Solicitation Amendment - FA301622Q00410001.pdf | ||
| FA301622Q0041 - Site Visit Sign-in.pdf | ||
| Attachment 1 - Statement of Work (SOW).pdf | ||
| Attachment 4 - Contractor Responsibility Questionnaire.docx | DOCX document | |
| Attachment 2 - Bexar County WD TX20220231 02252022.pdf | ||
| Attachment 3 - Financial Information Questionnaire.docx | DOCX document |
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REQUEST FOR QUOTATION
(THIS IS NOT AN ORDER)
THIS RFQ IS IS NOT A SMALL BUSINESS SET-ASIDE
15. DATE OF QUOTATION
16. SIGNER
a. NAME (Type or print)
c. TITLE (Type or print)
b. TELEPHONE
AREA CODE
NUMBER
STANDARD FORM 18 (REV. 6-95)
Prescribed by GSA-FAR (48 CFR) 53.215-1(a)
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition not usable
8. TO:
b. COMPANYa. NAME
c. STREET ADDRESS
d. CITY e. STATE f. ZIP CODE
9. DESTINATION
a. NAME OF CONSIGNEE
b. STREET ADDRESS
c. CITY
d. STATE e. ZIP CODE
7. DELIVERY
FOB DESTINATION
OTHER
(See Schedule)
10. PLEASE FURNISH QUOTATIONS TO THE
ISSUING OFFICE IN BLOCK 5a ON OR BEFORE CLOSE OF BUSINESS (Date)
IMPORTANT: This is a request for information and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or service. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotation must be completed by the quoter.
11. SCHEDULE (Include applicable Federal, State and local taxes)
ITEM NO.
(a)
SUPPLIES/ SERVICES
(b)
QUANTITY
(c)
UNIT
(d)
UNIT PRICE
(e)
AMOUNT
(f)
12. DISCOUNT FOR PROMPT PAYMENT
a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS
NUMBER PERCENTAGE
NOTE: Additional provisions and representations are are not attached.
13. NAME AND ADDRESS OF QUOTER
a. NAME OF QUOTER
b. STREET ADDRESS
c. COUNTY
d. CITY e. STATE f. ZIP CODE
14. SIGNATURE OF PERSON AUTHORIZED TO
SIGN QUOTATION
PAGE OF PAGES
1. REQUEST NO. 2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.
UNDER BDSA REG. 2
AND/OR DMS REG. 1
RATING
5a. ISSUED BY 6. DELIVER BY (Date)
5b. FOR INFORMATION CALL (NO COLLECT CALLS)
NAME TELEPHONE NUMBER
AREA CODE NUMBER
Section A - Solicitation/Contract Form
FSH Window Replacement Bldg 1029
Purchase Requisition Number: A020712 Date: 17 Feb 2022 Proposal Identifier: FA301622Q0041 Date: 03 Mar 2022
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Demolish and replace windows in Bldg 1029 IAW specifications and requirements of the SOW Product Service Code: Z2JZ Firm Fixed Price
1 Each
Section C - Description/Specifications/Statement of Work
Requirements The contractor shall provide labor and materials to perform removal of (32) existing broken window and window frames, and replacement of new (32) windows and window frames. (16) Windows facing the Southwest side of the building and (16) windows facing the Northwest side of the building on the 4th floor.
Section D - Packaging and Marking
Section E - Inspection and Acceptance
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.246-12 Inspection of Construction. Aug 1996
Overall Contract Inspection/Acceptance Locations
0001 Inspection and Acceptance Location
Both Destination Instructions: Invoice IAW 252.232-7006 Wide Area WorkFlow Payment Instructions.
DoDAAC: F2M3CB CountryCode: USA
F2M3CB 502 CES CERF
AF NO MILSBILLS PROC CP 2102213955
1675 GOTT ST
JBSA LACKLAND, TX 78236-5643
UNITED STATES
Gabriel Talamantes Email: gabriel.talamantes.1@us.af.mil
Section F - Deliveries or Performance
Overall Contract Delivery Period
Ship To DoDAAC: F2M3CB CountryCode: USA
F2M3CB 502 CES CERF
AF NO MILSBILLS PROC CP 2102213955
1675 GOTT ST
JBSA LACKLAND, TX 78236-5643
UNITED STATES
Contractor Destination
Line Item Delivery Schedule QTY Address and POC
Period of Performance From 01 Apr 2022 To 22 Jun 2022
1 Each
Section G - Contract Administration Data
Payment Instructions - The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the instructions posted at ttps://www.acq.osd.mil/dpap/dars/pgi /pgi_htm/current/PGI204_71.htm#payment_instructions.
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.
in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
Not Applicable
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Invoice 2 in 1
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.
WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC F87700
Issue By DoDAAC FA3016
Admin DoDAAC FA3016
Inspect By DoDAAC F2M3CB
Ship To Code F2M3CB
Ship From Code N/A
Mark For Code N/A
Service Approver (DoDAAC) F2M3CB
Service Acceptor (DoDAAC) F2M3CB
Accept at Other DoDAAC N/A
LPO DoDAAC N/A
DCAA Auditor DoDAAC N/A
Other DoDAAC(s) N/A
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
Customer: Gabriel Talaman gabriel.talamantes.1@us.af.miltes Contract Administrator: A1C Aniram Lopez aniram.lopez@us.af.mil
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements
DFARS Clauses Incorporated by Full Text
252.211-7003 Item Unique Identification and Valuation. Mar 2016
As prescribed in 211.274-6(a)(1), use the following clause:
ITEM UNIQUE IDENTIFICATION AND VALUATION (MAR 2016)
(a) . As used in this clause- Definitions
"Automatic identification device" means a device, such as a reader or interrogator, used to retrieve data encoded on machine-readable media.
"Concatenated unique item identifier" means-
(1) For items that are serialized within the enterprise identifier, the linking together of the unique identifier data elements in order of the issuing agency code, enterprise identifier, and unique serial number within the enterprise identifier; or
(2) For items that are serialized within the original part, lot, or batch number, the linking together of the unique identifier data elements in order of the issuing agency code; enterprise identifier; original part, lot, or batch number; and serial number within the original part, lot, or batch number.
"Data matrix" means a two-dimensional matrix symbology, which is made up of square or, in some cases, round modules arranged within a perimeter finder pattern and uses the Error Checking and Correction 200 (ECC200) specification found within International Standards Organization (ISO)/International Electrotechnical Commission (IEC) 16022.
"Data qualifier" means a specified character (or string of characters) that immediately precedes a data field that defines the general category or intended use of the data that follows.
"DoD recognized unique identification equivalent" means a unique identification method that is in commercial use and has been recognized by DoD. All DoD recognized unique identification equivalents are listed at http://www.acq.osd.mil/dpap/pdi/uid/iuid_equivalents.html.
"DoD item unique identification" means a system of marking items delivered to DoD with unique item identifiers that have machine-readable data elements to distinguish an item from all other like and unlike items. For items that are serialized within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier and a unique serial number. For items that are serialized within the part, lot, or batch number within the enterprise identifier, the unique item identifier shall include the data elements of the enterprise identifier; the original part, lot, or batch number; and the serial number.
" Enterprise " means the entity (e.g., a manufacturer or vendor) responsible for assigning unique item identifiers to items.
" Enterprise identifier" means a code that is uniquely assigned to an enterprise by an issuing agency.
"Government's unit acquisition cost" means-
(1) For fixed-price type line, subline, or exhibit line items, the unit price identified in the contract at the time of delivery;
(2) For cost-type or undefinitized line, subline, or exhibit line items, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery; and
(3) For items produced under a time-and-materials contract, the Contractor's estimated fully burdened unit cost to the Government at the time of delivery.
"Issuing agency" means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for ISO/IEC 15459, located at http://www.aimglobal.org/?Reg_Authority15459.
"Issuing agency code" means a code that designates the registration (or controlling) authority for the enterprise identifier.
"Item" means a single hardware article or a single unit formed by a grouping of subassemblies, components, or constituent parts.
" Lot or batch number" means an identifying number assigned by the enterprise to a designated group of items, usually referred to as either a lot or a batch, all of which were manufactured under identical conditions.
"Machine-readable" means an automatic identification technology media, such as bar codes, contact memory buttons, radio frequency identification, or optical memory cards.
"Original part number" means a combination of numbers or letters assigned by the enterprise at item creation to a class of items with the same form, fit, function, and interface.
"Parent item" means the item assembly, intermediate component, or subassembly that has an embedded item with a unique item identifier or DoD recognized unique identification equivalent.
"Serial number within the enterprise identifier" means a combination of numbers, letters, or symbols assigned by the enterprise to an item that provides for the differentiation of that item from any other like and unlike item and is never used again within the enterprise.
"Serial number within the part, lot, or batch number" means a combination of numbers or letters assigned by the enterprise to an item that provides for the differentiation of that item from any other like item within a part, lot, or batch number assignment.
"Serialization within the enterprise identifier" means each item produced is assigned a serial number that is unique among all the tangible items produced by the enterprise and is never used again. The enterprise is responsible for ensuring unique serialization within the enterprise identifier.
"Serialization within the part, lot, or batch number" means each item of a particular part, lot, or batch number is assigned a unique serial number within that part, lot, or batch number assignment. The enterprise is responsible for ensuring unique serialization within the part, lot, or batch number within the enterprise identifier.
"Type designation" means a combination of letters and numerals assigned by the Government to a major end item, assembly or subassembly, as appropriate, to provide a convenient means of differentiating between items having the same basic name and to indicate modifications and changes thereto.
"Unique item identifier" means a set of data elements marked on items that is globally unique and unambiguous. The term includes a concatenated unique item identifier or a DoD recognized unique identification equivalent.
"Unique item identifier type" means a designator to indicate which method of uniquely identifying a part has been used. The current list of accepted unique item identifier types is maintained at http://www.acq.osd.mil/dpap/pdi/uid/uii_types.html.
(b) The Contractor shall deliver all items under a contract line, subline, or exhibit line item.
(c) Unique item identifier.
(1) The Contractor shall provide a unique item identifier for the following:
(i) Delivered items for which the Government's unit acquisition cost is $5,000 or more, except for the following line items:
Contract Line, Subline, or
Exhibit Line Item Number Item Description
(ii) Items for which the Government's unit acquisition cost is less than $5,000 that are identified in the Schedule or the following table:
Contract Line, Subline, or
Exhibit Line Item Number Item Description
(If items are identified in the Schedule, insert "See Schedule in this table.)
(iii) Subassemblies, components, and parts embedded within delivered items, items with warranty requirements, DoD serially managed reparables and DoD serially managed nonreparables as specified in Attachment Number .____
(iv) Any item of special tooling or special test equipment as defined in FAR 2.101 that have been designated for preservation and storage for a Major Defense Acquisition Program as specified in Attachment Number .____
(v) Any item not included in (i), (ii), (iii), or (iv) for which the contractor creates and marks a unique item identifier for traceability.
(2) The unique item identifier assignment and its component data element combination shall not be duplicated on any other item marked or registered in the DoD Item Unique Identification Registry by the contractor.
(3) The unique item identifier component data elements shall be marked on an item using two dimensional data matrix symbology that complies with ISO/IEC International Standard 16022, Information technology – International symbology specification – Data matrix; ECC200 data matrix specification.
(4) The Contractor shall ensure that- Data syntax and semantics of unique item identifiers.
(i) The data elements (except issuing agency code) of the unique item identifier are encoded within the data matrix symbol that is marked on the item using one of the following three types of data qualifiers, as determined by the Contractor:
(A) Application Identifiers (AIs) (Format Indicator 05 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH
10.8.2 Data Identifier and Application Identifier Standard.
(B) Data Identifiers (DIs) (Format Indicator 06 of ISO/IEC International Standard 15434), in accordance with ISO/IEC International Standard 15418, Information Technology – EAN/UCC Application Identifiers and Fact Data Identifiers and Maintenance and ANSI MH
10.8.2 Data Identifier and Application Identifier Standard.
(C) Text Element Identifiers (TEIs) (Format Indicator 12 of ISO/IEC International Standard 15434), in accordance with the Air Transport Association Common Support Data Dictionary; and
(ii) The encoded data elements of the unique item identifier conform to the transfer structure, syntax, and coding of messages and data formats specified for Format Indicators 05, 06, and 12 in ISO/IEC International Standard 15434, Information Technology – Transfer Syntax for High Capacity Automatic Data Capture Media.
(5) . Unique item identifier
(i) The Contractor shall-
(A) Determine whether to-
Serialize within the enterprise identifier; (1)
Serialize within the part, lot, or batch number; or (2)
Use a DoD recognized unique identification equivalent (e.g. Vehicle Identification Number); and (3)
(B) Place the data elements of the unique item identifier (enterprise identifier; serial number; DoD recognized unique identification equivalent; and for serialization within the part, lot, or batch number only: original part, lot, or batch number) on items requiring marking by paragraph (c)(1) of this clause, based on the criteria provided in MIL-STD-130, Identification Marking of U.S. Military Property, latest version;
(C) Label shipments, storage containers and packages that contain uniquely identified items in accordance with the requirements of MIL-STD-129, Military Marking for Shipment and Storage, latest version; and
(D) Verify that the marks on items and labels on shipments, storage containers, and packages are machine readable and conform to the applicable standards. The contractor shall use an automatic identification technology device for this verification that has been programmed to the requirements of Appendix A, MIL-STD-130, latest version.
(ii) The issuing agency code-
(A) Shall not be placed on the item; and
(B) Shall be derived from the data qualifier for the enterprise identifier.
(d) For each item that requires item unique identification under paragraph (c)(1)(i), (ii), or (iv) of this clause or when item unique identification is provided under paragraph (c)(1)(v), in addition to the information provided as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the Contractor shall report at the time of delivery, as part of the Material Inspection and Receiving Report, the following information:
(1) Unique item identifier.
(2) Unique item identifier type.
(3) Issuing agency code (if concatenated unique item identifier is used).
(4) Enterprise identifier (if concatenated unique item identifier is used).
(5) Original part number (if there is serialization within the original part number).
(6) Lot or batch number (if there is serialization within the lot or batch number).
(7) Current part number (optional and only if not the same as the original part number).
(8) Current part number effective date (optional and only if current part number is used).
(9) Serial number (if concatenated unique item identifier is used).
(10) Government's unit acquisition cost.
(11) Unit of measure.
(12) Type designation of the item as specified in the contract schedule, if any.
(13) Whether the item is an item of Special Tooling or Special Test Equipment.
(14) Whether the item is covered by a warranty.
(e) For embedded subassemblies, components, and parts that require DoD item unique identification under paragraph (c)(1)(iii) of this clause or when item unique identification is provided under paragraph (c)(1)(v), the Contractor shall report as part of the Material Inspection and Receiving Report specified elsewhere in this contract, the following information:
(1) Unique item identifier of the parent item under paragraph (c)(1) of this clause that contains the embedded subassembly, component, or part.
(2) Unique item identifier of the embedded subassembly, component, or part.
(3) Unique item identifier type.**
(4) Issuing agency code (if concatenated unique item identifier is used).**
(5) Enterprise identifier (if concatenated unique item identifier is used).**
(6) Original part number (if there is serialization within the original part number).**
(7) Lot or batch number (if there is serialization within the lot or batch number).**
(8) Current part number (optional and only if not the same as the original part number).**
(9) Current part number effective date (optional and only if current part number is used).**
(10) Serial number (if concatenated unique item identifier is used).**
(11) Description.
** Once per item.
(f) The Contractor shall submit the information required by paragraphs (d) and (e) of this clause as follows:
(1) End items shall be reported using the receiving report capability in Wide Area WorkFlow (WAWF) in accordance with the clause at 252.232-7003. If WAWF is not required by this contract, and the contractor is not using WAWF, follow the procedures at http://dodprocurementtoolbox.com/site/uidregistry/.
(2) Embedded items shall be reported by one of the following methods-
(i) Use of the embedded items capability in WAWF;
(ii) Direct data submission to the IUID Registry following the procedures and formats at http://dodprocurementtoolbox.com/site /uidregistry/; or
(iii) Via WAWF as a deliverable attachment for exhibit line item number (fill in) , Unique Item Identifier Report for Embedded ____ Items, Contract Data Requirements List, DD Form 1423.
(g) . If the Contractor acquires by subcontract, any item(s) for which item unique identification is required in accordance with Subcontracts paragraph (c)(1) of this clause, the Contractor shall include this clause, including this paragraph (g), in the applicable subcontract(s), including subcontracts for commercial items.
Section I - Contract Clauses
52.246-21 Warranty of Construction.
As prescribed in 46.710(e)(1), the contracting officer may insert a clause substantially as follows in solicitations and contracts when a fixed-price construction contract (see 46.705 (c)) is contemplated, and the use of a warranty clause has been approved under agency procedures:
Warranty of Construction (Mar 1994)
(a) In addition to any other warranties in this contract , the Contractor warrants, except as provided in paragraph
(i) of this clause, that work performed under this contract conforms to the contract requirements and is free of any defect in equipment , material , or design furnished, or workmanship performed by the Contractor or any subcontractor or supplier at any tier.
(b) This warranty shall continue for a period of 1 year from the date of final acceptance of the work. If the Government takes possession of any part of the work before final acceptance , this warranty shall continue for a period of 1 year from the date the Government takes possession.
(c) The Contractor shall remedy at the Contractor 's expense any failure to conform, or any defect . In addition, the Contractor shall remedy at the Contractor 's expense any damage to Government-owned or controlled real or personal property , when that damage is the result of-
(1) The Contractor 's failure to conform to contract requirements; or
(2) Any defect of equipment , material , workmanship, or design furnished.
(d) The Contractor shall restore any work damaged in fulfilling the terms and conditions of this clause. The Contractor 's warranty with respect to work repaired or replaced will run for 1 year from the date of repair or replacement.
(e) The Contracting Officer shall notify the Contractor , in writing , within a reasonable time after the discovery of any failure, defect , or damage.
(f) If the Contractor fails to remedy any failure, defect , or damage within a reasonable time after receipt of notice, the Government shall have the right to replace, repair, or otherwise remedy the failure, defect , or damage at the Contractor 's expense.
(g) With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this contract , the Contractor shall -
(1) Obtain all warranties that would be given in normal commercial practice;
(2) Require all warranties to be executed, in writing , for the benefit of the Government, if directed by the Contracting Officer ; and
(3) Enforce all warranties for the benefit of the Government, if directed by the Contracting Officer .
(h) In the event the Contractor 's warranty under paragraph (b) of this clause has expired, the Government may bring suit at its expense to enforce a subcontractor 's, manufacturer 's, or supplier's warranty .
(i) Unless a defect is caused by the negligence of the Contractor or subcontractor or supplier at any tier, the Contractor shall not be liable for the repair of any defects of material or design furnished by the Government nor for the repair of any damage that results from any defect in Government-furnished material or design.
(j) This warranty shall not limit the Government's rights under the Inspection and Acceptance clause of this contract with respect to latent defects, gross mistakes, or fraud.
(End of clause)
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 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-13 Notice of Set-Aside of Orders. Mar 2020 52.219-33 Nonmanufacturer Rule. Mar 2020 52.222-6 Construction Wage Rate Requirements. Aug 2018 52.222-7 Withholding of Funds. May 2014 52.222-8 Payrolls and Basic Records. Jul 2021 52.222-9 Apprentices and Trainees. Jul 2005 52.222-10 Compliance with Copeland Act Requirements. Feb 1988 52.222-11 Subcontracts (Labor Standards). May 2014 52.222-12 Contract Termination-Debarment. May 2014 52.222-13 Compliance with Construction Wage Rate Requirements and Related Regulations. May 2014 52.222-14 Disputes Concerning Labor Standards. Feb 1988 52.222-15 Certification of Eligibility. May 2014 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2017 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.223-19 Compliance with Environmental Management Systems. May 2011 52.223-21 Foams. Jun 2016 52.233-3 Protest after Award. Aug 1996 52.236-5 Material and Workmanship. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.242-14 Suspension of Work. Apr 1984 52.243-1 Alternate I Changes-Fixed-Price. - (Alternate I) Aug 1987 52.243-5 Changes and Changed Conditions. Apr 1984 52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form). Apr 1984
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Sep 2013 252.204-7003 Control of Government Personnel Work Product. Apr 1992 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
252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.223-7008 Prohibition of Hexavalent Chromium. Jun 2013 252.225-7001 Buy American and Balance of Payments Program. Dec 2017 252.225-7002 Qualifying Country Sources as Subcontractors. Dec 2017 252.225-7048 Export-Controlled Items. Jun 2013 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 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.244-7000 Subcontracts for Commercial Items. Oct 2020
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. Dec 1989
As prescribed in , insert the following clause:4.103
APPROVAL OF CONTRACT (DEC 1989)
This contract is subject to the written approval of [identify title of designated agency official here] and shall not be binding until so approved.____
(End of clause)
52.211-10 Commencement, Prosecution, and Completion of Work. Apr 1984
As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.
Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than 60 calendar days after the date the contractor receives the notice to proceed. The time stated for completion shall include final cleanup of the premises.
* The Contracting Officer shall specify either a number of days after the date the contractor receives the notice to proceed, or a calendar date.
(End of clause)
52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items). Nov 2020
As prescribed in , insert the following clause:13.302-5(d)
TERMS AND CONDITIONS-SIMPLIFIED ACQUISITIONS (OTHER THAN COMMERCIAL ITEMS) (AUG 2020)
The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses that are incorporated by reference:(a)
The clauses listed below implement provisions of law or Executive order:(1)
52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division (i) (JAN 2017) 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 (ii) Covered Entities (Section 1634 of Pub. L. 115-91).(JUL 2018)
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (iii) ( 2020)AUG (Section 889(a)(1)(A) of Pub. L. 115-232).
52.222-3, Convict Labor (E.O.11755).(iv) (JUN 2003)
52.222-21, Prohibition of Segregated Facilities .(v) (APR 2015)
52.222-26, Equal Opportunity ( 2016) (E.O.11246).(vi) Sept
52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.s, proclamations, and statutes administered by the Office of (vii) Foreign Assets Control of the Department of the Treasury).
52.233-3, Protest After Award (31 U.S.C.3553).(viii) (AUG 1996)
52.233-4, Applicable Law for Breach of Contract Claim (Pub.L.108-77, 108-78 (19 U.S.C. 3805 note)).(ix) (OCT 2004)
Listed below are additional clauses that apply:(2)
52.232-1, Payments .(i) (APR 1984)
52.232-8, Discounts for Prompt Payment .(ii) (FEB 2002)
52.232-11, Extras .(iii) (APR 1984)
52.232-25, Prompt Payment .(iv) (JAN 2017)
52.232-39, Unenforceability of Unauthorized Obligations .(v) (JUN 2013)
52.232-40, Providing Accelerated Payments to Small Business Subcontractors (vi) (DEC 2013).
52.233-1, Disputes .(vii) (MAY 2014)
52.244-6, Subcontracts for Commercial Items (viii) ( 2020).AUG
52.253-1, Computer Generated Forms .(ix) (JAN 1991)
The Contractor shall comply with the following FAR clauses, incorporated by reference, unless the circumstances do not apply:(b)
The clauses listed below implement provisions of law or Executive order:(1)
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) (31 U.S.C. 6101 (i) (JUN 2020) note) (Applies to contracts valued at or above the threshold specified in FAR 4.1403(a) on the date of award of this contract).
52.222-19, Child Labor-Cooperation with Authorities and Remedies ( (E.O.13126) (Applies to contracts for supplies (ii) JAN 2020) exceeding the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract).
for Materials, Supplies, Articles, and Equipment., Contracts for Materials, Supplies, Articles, and Equipment (41 U.S.C.(iii) (JUN 2020) chapter 65) (Applies to supply contracts over the threshold specified in FAR 22.602 on the date of award of this contract, in the United States, Puerto Rico, or the U.S. Virgin Islands).
52.222-35, Equal Opportunity for Veterans (38 U.S.C.4212) (Applies to contracts valued at or above the threshold (iv) (JUN 2020) specified in FAR 22.1303(a) on the date of award of this contract).
52.222-36, Equal Employment for Workers with Disabilities (29 U.S.C.793) (Applies to contracts over the threshold (v) (JUN 2020) specified in FAR 22.1408(a) on the date of award of this contract, unless the work is to be performed outside the United States by employees recruited outside the United States). (For purposes of this clause, “United States” includes the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
52.222-37, Employment Reports on Veterans (38 U.S.C.4212) (Applies to contracts valued at or above the threshold (vi) (JUN 2020) specified in FAR 22.1303(a) on the date of award of this contract).
52.222-41, Service Contract Labor Standards (41 U.S.C.chapter 67) (Applies to service contracts over $2,500 that are (vii) (AUG 2018) subject to the Service Contract Labor Standards statute and will be performed in the United States, District of Columbia, Puerto Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. Virgin Islands, Johnston Island, Wake Island, or the outer Continental Shelf).
(viii) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter78 and E.O 13627) (Applies to all solicitations and (A) (JAN 2019) contracts).
Alternate I (Applies if the Contracting Officer has filled in the following information with regard to applicable (B) (MAR 2015) directives or notices: Document title(s), source for obtaining document(s), and contract performance location outside the United States to which the document applies).
52.222-55, Minimum Wages Under Executive Order 13658 (Applies when 52.222-6 or 52.222-41 are in the contract (ix) (DEC 2015) and performance in whole or in part is in the United States (the 50 States and the District of Columbia)).
52.222-62, Paid Sick Leave Under Executive Order 13706 (J 2017) (E.O. 13706) (Applies when 52.222-6 or 52.222-41 are in the (x) an contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia.))
52.223-5, Pollution Prevention and Right-to-Know Information (E.O. 13423) (Applies to services performed on (xi) (MAY 2011) Federal facilities).
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (E.O. 13693)(applies (xii) (JUN 2016) to contracts for products as prescribed at FAR 23.804(a)(1)).
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693) (xiii) (JUN 2016) (Applies to maintenance, service, repair, or disposal of refrigeration equipment and air conditioners).
52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, (xiv) (DEC 2007) applies to contracts when energy-consuming products listed in the ENERGY STAR® Program or Federal Energy Management Program (FEMP)) will be-
Delivered;(A)
Acquired by the Contractor for use in performing services at a Federally-controlled facility;(B)
Furnished by the Contractor for use by the Government; or(C)
Specified in the design of a building or work, or incorporated during its construction, renovation, or maintenance).(D)
52.223-20, Aerosols (E.O. 13693) (Applies to contracts for products that may contain high global warming potential (xv) (JUN 2016) hydrofluorocarbons as a propellant or as a solvent; or contracts for maintenance or repair of electronic or mechanical devices).
52.223-21, Foams (E.O. 13693) (Applies to contracts for products that may contain high global warming potential (xvi) (JUN 2016) hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons as a foam blowing agent; or contracts for construction of buildings or facilities.
52.225-1, Buy American-Supplies (41 U.S.C.chapter 67) (Applies to contracts for supplies, and to contracts for (xvii) (MAY 2014) services involving the furnishing of supplies, for use in the United States or its outlying areas, if the value of the supply contract or supply portion of a service contract exceeds the micro-purchase threshold, as defined in FAR 2.101 on the date of award of this contract, and the acquisition-
Is set aside for small business concerns; or(A)
Cannot be set aside for small business concerns (see 19.502-2), and does not exceed $25,000).(B)
Excess Food Donation to Nonprofit Organizations., Promoting Excess Food Donation to Nonprofit Organizations (42 (xviii) (JUN 2020) U.S.C. 1792) (Applies to contracts greater than the threshold specified in FAR 26.404 on the date of award of this contract, that provide for the provision, the service, or the sale of food in the United States).
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Applies when the payment will be (xix) (OCT 2013) made by electronic funds transfer (EFT) and the payment office uses the System for Award Management (SAM) as its source of EFT information).
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Applies when the (xx) (JUL 2013) payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information).
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C.App.1241) (Applies to supplies (xxi) (FEB 2006) transported by ocean vessels (except for the types of subcontracts listed at 47.504(d)).
Listed below are additional clauses that may apply:(2)
52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Applies to contracts when the contractor or a (i) (JUN 2016) subcontractor at any tier may have Federal contract information residing in or transiting through its information system.
52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for (ii) Debarment (Applies to contracts over the threshold specified in FAR 9.405-2(b) on the date of award of this contract).(JUN 2020)
52.211-17, Delivery of Excess Quantities ( 1989) (Applies to fixed-price supplies).(iii) Sept
52.247-29, F.o.b. Origin (Applies to supplies if delivery is f.o.b. origin).(iv) (FEB 2006)
52.247-34, F.o.b. Destination (Applies to supplies if delivery is f.o.b. destination).(v) (NOV 1991)
. This contract incorporates one or more clauses by reference, with the same (c) FAR 52.252-2, Clauses Incorporated by Reference (Feb 1998) 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):
[Insert one or more Internet addresses]____
. The Contractor shall tender for acceptance only those items that conform to the requirements of this contract. The (d) Inspection/Acceptance Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. The Government must exercise its postacceptance rights-
Within a reasonable period of time after the defect was discovered or should have been discovered; and(1)
Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.(2)
. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable (e) Excusable delays control of the Contractor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
. The Government reserves the right to terminate this contract, or any part hereof, for its sole (f) Termination for the Government's convenience convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government, using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided.
. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the (g) Termination for cause Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular (h) Warranty purpose described in this contract.
(End of clause)
52.219-28 Post-Award Small Business Program Rerepresentation. Sep 2021
As prescribed in , insert the following clause:19.309(c)(1)
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (SEP 2021)
. As used in this clause-(a) Definitions means a contract of more than five years in duration, including options. However, the term does not include contracts that Long-term contract exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217-8, Option to Extend Services, or other appropriate authority.
-Small business concern
Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is (1) bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause. Such a concern is "not dominant in its field of operation" when it does not exercise a controlling or major influence on a national basis in a kind of business activity in which a number of business concerns are primarily engaged. In determining whether dominance exists, consideration shall be given to all appropriate factors, including volume of business, number of employees, financial resources, competitive status or position, ownership or control of materials, processes, patents, license agreements, facilities, sales territory, and nature of business activity.
, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the (2) Affiliates others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.
If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the (b) Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, upon occurrence of any of the following:
Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the (1) novation agreement was executed prior to inclusion of this clause in the contract.
Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to (2) include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
For long-term contracts-(3)
Within 60 to 120 days prior to the end of the fifth year of the contract; and(i)
Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.(ii)
If the Contractor represented that it was any of the small business concerns identified in 19.000(a)(3) prior to award of this contract, the (c) Contractor shall rerepresent its size and socioeconomic status according to paragraph (f) of this clause or, if applicable, paragraph (h) of this clause, when the Contracting Officer explicitly requires it for an order issued under a multiple-award contract.
The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that (d) corresponds to the North American Industry Classification System (NAICS) code(s) assigned to this contract. The small business size standard corresponding to this NAICS code(s) can be found at https://www.sba.gov/document/support--table-size-standards.
The small business size standard for a Contractor providing an end item that it does not manufacture, process, or produce itself, for a (e) contract other than a construction or service contract, is 500 employees if the acquisition-
Was set aside for small business and has a value above the simplified acquisition threshold;(1)
Used the HUBZone price evaluation preference regardless of dollar value, unless the Contractor waived the price evaluation preference; (2) or
Was an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business (3) set-aside or sole-source award regardless of dollar value.
Except as provided in paragraph (h) of this clause, the Contractor shall make the representation(s) required by paragraph (b) and (c) of this (f) clause by validating or updating all its representations in the Representations and Certifications section of the System for Award Management (SAM) and its other data in SAM, as necessary, to ensure that they reflect the Contractor's current status.
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