Solicitation - FA440723R0002.pdf
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- Attached to
- FY 24 Multiple Award Construction Contract (MACC) Recompete Federal contract opportunity
- Solicitation number
- FA440723R0002
About this file
This solicitation document is for a Multiple Award Construction Contract (MACC) recompete to provide general construction services at Scott Air Force Base in Illinois. The contract has a two-year base period plus three two-year option periods, with a total ceiling value of $90 million. The Air Force will make at least ten awards to small businesses, with an estimated project magnitude between $1-5 million. Offerors must attend a mandatory pre-proposal conference on August 24th and submit questions by August 31st. Past performance information is due by August 23rd and proposals through the DOD SAFE file exchange website by the date specified in block 13 of the SF1442 form. Construction services will include general bid-build and design-build work such as providing labor, equipment, materials and design to complete projects outlined in task order statements of work. Pricing will be at the task order level on a firm-fixed-price basis.
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IMPORTANT - The "offer" section on the reverse must be fully completed by offeror.
4. CONTRACT NUMBER 5. REQUISITION/PURCHASE REQUEST NUMBER 6. PROJECT NUMBER
7. ISSUED BY CODE 8. ADDRESS OFFER TO
9. FOR INFORMATION
CALL:
a. NAME b. TELEPHONE NUMBER (Include area code) (NO COLLECT CALLS)
SOLICITATION
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid and "bidder".
10. THE GOVERNMENT REQUIRES PERFORMANCE OF THE WORK DESCRIBED IN THESE DOCUMENTS (Title, identifying number, date)
11. The contractor shall begin performance within calendar days and complete it within calendar days after receiving award, notice to proceed. This performance period is mandatory negotiable. (See ).
13. ADDITIONAL SOLICITATION REQUIREMENTS:
a. Sealed offers in original and copies to perform the work required are due at the place specified in Item 8 by (hour) local time (date). If this is a sealed bid solicitation, offers will be publicly opened at that time. Sealed envelopes containing offers shall be marked to show the offeror's name and address, the solicitation number, and the date and time offers are due.
b. An offer guarantee is, is not required.
c. All offers are subject to the (1) work requirements, and (2) other provisions and clauses incorporated in the solicitation in full text or by reference.
d. Offers providing less than calendar days for Government acceptance after the date offers are due will not be considered and will be rejected.
STANDARD FORM 1442 (REV. 8/2014)
Prescribed by GSA - FAR (48 CFR) 53.236-1(d)
12a. THE CONTRACTOR MUST FURNISH ANY REQUIRED PERFORMANCE AND PAYMENT BONDS?
(If "YES", indicate within how many calendar days after award in Item 12b.)
12b. CALENDAR DAYS
YES NO
SOLICITATION, OFFER,
AND AWARD
(Construction, Alteration, or Repair)
1. SOLICITATION NUMBER 2. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
3. DATE ISSUED PAGE OF PAGES
Created On: 15 Aug 2023, 01:05 PM Central Standard Time
AMOUNTS
OFFER (Must be fully completed by offeror)
14. NAME AND ADDRESS OF OFFEROR (Include ZIP Code) 15. TELEPHONE NUMBER (Include area code)
16. REMITTANCE ADDRESS (Include only if different than Item 14.)
CODE FACILITY CODE
17. The offeror agrees to perform the work required at the prices specified below in strict accordance with the terms of this solicitation, if this offer is accepted by the Government in writing within calendar days after the date offers are due. (Insert any number equal to or greater than the minimum requirement stated in Item 13d. Failure to insert any number means the offeror accepts the minimum in Item 13d.)
18. The offeror agrees to furnish any required performance and payment bonds.
19. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the solicitation -- give number and date of each)
AMENDMENT
NUMBER
DATE.
20a. NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (Type or print) 20b. SIGNATURE 20c. OFFER DATE
21. ITEMS ACCEPTED:
AWARD (To be completed by Government)
CONTRACTING OFFICER WILL COMPLETE ITEM 28 OR 29 AS APPLICABLE
28. NEGOTIATED AGREEMENT (Contractor is required to sign this document and return copies to issuing office.) Contractor agrees to furnish and deliver all items or perform all work requirements identified on this form and any continuation sheets for the consideration stated in this contract. The rights and obligations of the parties to this contract shall be governed by (a) this contract award, (b) the solicitation, and (c) the clauses, representations, certifications, and specifications incorporated by reference in or attached to this contract.
29. AWARD (Contractor is not required to sign this document.) Your offer on this solicitation is hereby accepted as to the items listed. This award consummates the contract, which consists of (a) the Government solicitation and your offer, and (b) this contract award. No further contractual document is necessary.
30a. NAME AND TITLE OF CONTRACTOR OR PERSON AUTHORIZED TO SIGN (Type or print)
31a. NAME OF CONTRACTING OFFICER (Type or print)
30b. SIGNATURE 30c. DATE 31b. UNITED STATES OF AMERICA
BY
31c. DATE
STANDARD FORM 1442 (REV. 8/2014) BACK
22. AMOUNT 23. ACCOUNTING AND APPROPRIATION DATA
24. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
ITEM 25. OTHER THAN FULL AND OPEN COMPETITION PURSUANT TO
10 U.S.C. 2304(c) ( ) 41 U.S.C. 3304(a) ( )
26. ADMINISTERED BY 27. PAYMENT WILL BE MADE BY
Section A - Solicitation/Contract Form
FY24 Multiple Award Construction Contract (MACC) Program
Proposal Identifier: FA440723R0002 Date: 15 Aug 2023
FA440723R0002
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
CONTRACTMINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimumquantity and contract value for allorders issued against this contract shall not be less than the minimum quantity and contract value stated in thefollowing table. The maximum quantity and contract value for all orders issuedagainst this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
1.00 $500.00 500.00 $90,000,000.00
DELIVERY/TASKORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE
The minimum quantityand order value for each Delivery/TaskOrder issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.
MINIMUM
QUANTITY
MINIMUM
AMOUNT
MAXIMUM
QUANTITY
MAXIMUM
AMOUNT
$500.00 $5,000,000.00
Item Supplies/Service Estimated Quantity
Unit Unit Price Amount
The Multiple Award Construction Contract (MACC) program is a competitive, firm-fixed-price (FFP) Indefinite-Delivery Indefinite- Quantity (IDIQ) acquisition for general construction. Individual projects will be awarded via task orders under this program with defined requirements using a Statement of Work (SOW) and other attachments included in Section J of each task order. Contractors shall provide all plant, labor, equipment, materials, transportation, supervision, and design (as required) to accomplish a wide variety of general bid-build and design-build construction work. The minimum guarantee of $500.00 will be paid in the base period of the contract after attendance by the awardee of the post-award orientation conference.
Product Service Code: Z2JZ Signal Code: A Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price
100 Lot
The Multiple Award Construction Contract (MACC) program is a competitive, firm-fixed-price (FFP) Indefinite-Delivery Indefinite- Quantity (IDIQ) acquisition for general construction. Individual projects will be awarded via task orders under this program with defined requirements using a Statement of Work (SOW) and other attachments included in Section J of each task order. Contractors shall provide all plant, labor, equipment, materials, transportation, supervision, and design (as required) to accomplish a wide variety of general bid-build and design-build construction work.
Product Service Code: Z2JZ Signal Code: A Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price
100 Lot
The Multiple Award Construction Contract (MACC) program is a competitive, firm-fixed-price (FFP) Indefinite-Delivery Indefinite- Quantity (IDIQ) acquisition for general construction. Individual projects will be awarded via task orders under this program with defined requirements using a Statement of Work (SOW) and other attachments included in Section J of each task order. Contractors shall provide all plant, labor, equipment, materials, transportation, supervision, and design (as required) to accomplish a wide variety of general bid-build and design-build construction work.
Product Service Code: Z2JZ Signal Code: A Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price
100 Lot
The Multiple Award Construction Contract (MACC) program is a competitive, firm-fixed-price (FFP) Indefinite-Delivery Indefinite- Quantity (IDIQ) acquisition for general construction. Individual projects will be awarded via task orders under this program with defined requirements using a Statement of Work (SOW) and other attachments included in Section J of each task order. Contractors shall provide all plant, labor, equipment, materials, transportation, supervision, and design (as required) to accomplish a wide variety of general bid-build and design-build construction work.
Product Service Code: Z2JZ Signal Code: A Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price
100 Lot
The Multiple Award Construction Contract (MACC) program is a competitive, firm-fixed-price (FFP) Indefinite-Delivery Indefinite- Quantity (IDIQ) acquisition for general construction. Individual projects will be awarded via task orders under this program with defined requirements using a Statement of Work (SOW) and other attachments included in Section J of each task order. Contractors shall provide all plant, labor, equipment, materials, transportation, supervision, and design (as required) to accomplish a wide variety of general bid-build and design-build construction work.
Product Service Code: Z2JZ
100 Lot
Signal Code: A Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price
Section C - Description/Specifications/Statement of Work
Requirements Multiple Award Construction Contract (MACC) Program, Scott Air Force Base, Illinois Firm Fixed-Price (FFP) Indefinite-Delivery Indefinite-Quantity (IDIQ)
This acquisition is a total small business set-aside of at least ten (10) contract awards.
The period of performance is a two-year base period plus three (3) two-year option periods.
The minimum guarantee per awardee over the life of this contract is $500 each following attendance of the mandatory post-award orientation conference.
The sample project magnitude is between $1,000,000 and $5,000,000.
The total aggregate ceiling value of this program is $90,000,000 for the base plus all option periods.
Government reserves the right to award fewer than or more than the stated target number of contract awards.
Your attention is directed to Section L, Paragraph L-2, Proposal Preparation Instructions, and Section M - Evaluation Factors for Award. The Government may award a contract without discussions, based solely on initial offers received. Therefore, each initial offer received should be submitted on the most favorable terms from both a price and a technical standpoint. There will be no pricing submitted for the basic contract line items (CLINS). Line items to be awarded under the basic contract shall not be separately priced. All prices will be determined at the task order level.
SOLICITATION POINTS OF CONTACT
All individuals listed below are to be included in all correspondence regarding this solicitation:
Robert Skipper at (618) 256-3001, robert.skipper.2@us.af.mil Fawne Lee at (618) 256-9297, fawne.lee@us.af.mil Mr. Jody Noram at (618) 256-9250, jody.noram.1@us.af.mil
PRE-PROPOSAL CONFERENCE AND SITE VISIT
In accordance with FAR 52.236-27, a pre-proposal conference / site visit will be conducted at Scott AFB on 24 August 2023 at 9:00 AM local time. The pre-proposal conference will feature a briefing of solicitation requirements and multiple award processes to be followed by a site visit for the sample project building location will follow. Prospective offerors desiring to attend are required to submit a request to attend to Mr. Robert Skipper, Ms. Fawne Lee AND Mr. Jody Noram no later than 18 August 2023 at 4:00 PM local time.
Request for base entry must be received no later than 72 hours prior to the date and time established for the pre-proposal conference / site visit. Requests must include requestor full name and company name. To receive a base visitor pass for access to the base, personnel must possess form(s) of identification in accordance with Attachment 10, REAL ID Act Information, to this solicitation. Entry to Scott AFB is at the Main (Shiloh) Gate on Seibert Rd. Please allow extra time to obtain your pass. It is highly recommended that visitors arrive at the gate at least one hour prior to the scheduled site visit time.
SUBMISSION OF QUESTIONS / REQUESTS FOR INFORMATION (RFI)
Questions regarding this solicitation shall be submitted in writing to Mr. Robert Skipper, Fawne Lee AND Mr.
Jody Noram. All questions must be received no later than close of business by 31 August 2023 at 3:00 PM local time.
SUBMISSION OF PAST PERFORMANCE INFORMATION (PPI) SHEETS
Offerors shall submit Past Performance Information (PPI) Sheets (Attachment 11) in accordance with Section L, paragraph L-2.2.2.1, to Mr. Robert Skipper, Ms. Fawne Lee AND Mr. Jody Noram not later than 23 August 2023 at 4:00 PM local time.
SUBMISSION OF PROPOSALS
This is an all-electronic solicitation release. Offerors are responsible for submitting proposals electronically so as to reach the Government office designated in the solicitation by the date/time specified in Block 13 of the SF1442. Proposals shall be submitted using DOD SAFE File Exchange Website at https://safe.apps.mil/ using the instructions provided in Attachment 9, DOD Safe, to this solicitation and marked FOUO. Offerors shall send proposals through DOD Safe to the POCs listed above.
NOTE: The method of completion for Representations and Certifications is at System for Award Management (SAM) at https://www.sam.gov/portal/SAM/. If you are unable to use this method, contact Robert Skipper, Fawne Lee, and Jody Noram prior to the scheduled receipt of offers in Block 13 of SF1442. Failure to complete all required Representations and Certifications may render your proposal ineligible for award.
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 52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements. Aug 1996
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. Apr 2012
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Please inspect and accept.
DoDAAC: F3S352 CountryCode: USA
375 CES CER
AF BPN NO MILSBILLS PROCESSES, 701 HANGER RD RM 4
SCOTT AFB, IL 62225-5015
UNITED STATES
Inspection and Acceptance Location
Both Destination Instructions: Please inspect and accept.
DoDAAC: F3S352 CountryCode: USA
375 CES CER
AF BPN NO MILSBILLS PROCESSES, 701 HANGER RD RM 4
SCOTT AFB, IL 62225-5015
UNITED STATES
Inspection and Acceptance Location
Both Destination Instructions: Please inspect and accept.
DoDAAC: F3S352 CountryCode: USA
375 CES CER
AF BPN NO MILSBILLS PROCESSES, 701 HANGER RD RM 4
SCOTT AFB, IL 62225-5015
UNITED STATES
Inspection and Acceptance Location
Both Destination
Instructions: Please inspect and accept.
DoDAAC: F3S352 CountryCode: USA
375 CES CER
AF BPN NO MILSBILLS PROCESSES, 701 HANGER RD RM 4
SCOTT AFB, IL 62225-5015
UNITED STATES
Inspection and Acceptance Location
Both Destination Instructions: Please inspect and accept.
DoDAAC: F3S352 CountryCode: USA
375 CES CER
AF BPN NO MILSBILLS PROCESSES, 701 HANGER RD RM 4
SCOTT AFB, IL 62225-5015
UNITED STATES
Section F - Deliveries or Performance
Overall Contract Delivery Period
From date of lead time event to beginning of performance 10 Calendar Days Date of Notice to Proceed Receipt
From date of lead time event to completion of performance 365 Calendar Days Date of Notice to Proceed Receipt
Line Item Delivery Schedule Estimated Quantity
Address and POC
Delivery Period From 01 Mar 2024 to 28 Feb 2026
Period of Performance From 01 Mar 2024 To 28 Feb 2026
100 Lot Place of Performance DoDAAC: F3S352 CountryCode: USA
375 CES CER
AF BPN NO MILSBILLS PROCESSES, 701 HANGER RD RM 4
SCOTT AFB, IL 62225-5015
UNITED STATES
Delivery Period From 01 Mar 2026 to 29 Feb 2028
Period of Performance From 01 Mar 2026 To 29 Feb 2028
100 Lot Place of Performance DoDAAC: F3S352 CountryCode: USA
375 CES CER
AF BPN NO MILSBILLS PROCESSES, 701 HANGER RD RM 4
SCOTT AFB, IL 62225-5015
UNITED STATES
Delivery Period From 01 Mar 2028 to 28 Feb 2030
Period of Performance From 01 Mar 2028 To 28 Feb 2030
100 Lot Place of Performance DoDAAC: F3S352 CountryCode: USA
375 CES CER
AF BPN NO MILSBILLS PROCESSES, 701 HANGER RD RM 4
SCOTT AFB, IL 62225-5015
UNITED STATES
Delivery Period From 01 Mar 2030 to 29 Feb 2032
Period of Performance From 01 Mar 2030 To 29 Feb 2032
100 Lot Place of Performance DoDAAC: F3S352 CountryCode: USA
375 CES CER
AF BPN NO MILSBILLS PROCESSES, 701 HANGER RD RM 4
SCOTT AFB, IL 62225-5015
UNITED STATES
Delivery Period From 01 Mar 2032 to 31 Aug 2032
Period of Performance From 01 Mar 2032 To 31 Aug 2032
100 Lot Place of Performance DoDAAC: F3S352 CountryCode: USA
375 CES CER
AF BPN NO MILSBILLS PROCESSES, 701 HANGER RD RM 4
SCOTT AFB, IL 62225-5015
UNITED STATES
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.211-18 Variation in Estimated Quantity. Apr 1984 52.247-35 F.o.b. Destination, Within Consignee's Premises. Apr 1984
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.247-7023 Transportation of Supplies by Sea. Jan 2023
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(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://piee.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://piee.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 in WAWF payment instructions.
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.
N/A
(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
(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 financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.
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 Cited in the Task Order.
Issue By DoDAAC FA4407
Admin DoDAAC FA4407
Inspect By DoDAAC Cited in the Task Order.
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) Cited in the Task order.
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(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.
Cited in the Task order.
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements
H.1 The contractor shall submit as part of all proposals (to include proposals for all subsequent task orders) a completed copy of the "construction cost estimate breakdown" spreadsheet and the "schedule material submittals" spreadsheet. Failure to submit these required sheets may result in proposals being declared non-responsive and given no further consideration.
Section I - Contract Clauses
52.204-27 Prohibition on a Byte Dance Covered Application.
As prescribed in , insert the following clause: (c)4.2203
Prohibition on a ByteDance (Jun 2023) Covered Application
(a) Definitions. As used in this clause--
Covered application means the social networking service TikTok or any successor application or service developed or provided by ByteDance Limited or an entity owned by ByteDance Limited.
Information technology, as defined in 40 U.S.C. 11101(6)--
(1) Means any equipment or interconnected system or subsystem of equipment, used in the automatic , storage, analysis, evaluation, acquisition manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information by the executive
, if the equipment is used by the directly or is used by a contractor under a contract with the that requires the agency executive agency executive agency use--
(i) Of that equipment; or
(ii) Of that equipment to a significant extent in the performance of a service or the furnishing of a product;
(2) Includes computers, ancillary equipment (including imaging peripherals, input, output, and storage devices necessary for security and surveillance), peripheral equipment designed to be controlled by the central processing unit of a computer, software, firmware and similar procedures, services (including support services), and related resources; but
(3) Does not include any equipment acquired by a Federal contractor incidental to a Federal contract.
(b) Prohibition. Section 102 of Division R of the Consolidated Appropriations Act, 2023 (Pub. L. 117-328), the No TikTok on Government Devices Act, and its implementing guidance under Office of Management and Budget (OMB) Memorandum M-23-13, dated February 27, 2023, "No TikTok on Government Devices" Implementation Guidance, collectively prohibit the presence or use of a on covered application executive agency
, including certain equipment used by Federal contractors. The Contractor is prohibited from having or using ainformation technology covered on any owned or managed by the Government, or on any used or provided by the application information technology information technology
Contractor under this contract, including equipment provided by the Contractor's employees; however, this prohibition does not apply if the provides written notification to the Contractor that an exception has been granted in accordance with OMB Memorandum M-23-Contracting Officer
13.
(c) Subcontracts. The Contractor insert the substance of this clause, including this paragraph (c), in all subcontracts, including subcontracts for shall the of or . acquisition commercial products commercial services
(End of clause)
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020
FA440723R0002
https://www.acquisition.gov/far/4.2203#FAR_4_2203
52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 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 52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data. Aug 2011 52.215-12 Subcontractor Certified Cost or Pricing Data. Jun 2020 52.215-15 Pension Adjustments and Asset Reversions. Oct 2010 52.215-19 Notification of Ownership Changes. Oct 1997 52.215-23 Limitations on Pass-Through Charges. Jun 2020 52.219-6 Notice of Total Small Business Set-Aside. Nov 2020 52.219-8 Utilization of Small Business Concerns. Oct 2022 52.219-13 Notice of Set-Aside of Orders. 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 52.222-54 Employment Eligibility Verification. May 2022 52.222-62 Paid Sick Leave Under Executive Order 13706. Jan 2022 52.223-6 Drug-Free Workplace. May 2001 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.223-21 Foams. Jun 2016 52.224-3 Privacy Training. Jan 2017 52.228-2 Additional Bond Security. Oct 1997 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.228-11 Individual Surety-Pledge of Assets. Feb 2021 52.228-12 Prospective Subcontractor Requests for Bonds. Dec 2022 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-17 Interest. May 2014 52.232-23 Assignment of Claims. May 2014 52.236-2 Differing Site Conditions. Apr 1984 52.236-3 Site Investigation and Conditions Affecting the Work. Apr 1984 52.236-5 Material and Workmanship. Apr 1984 52.236-6 Superintendence by the Contractor. Apr 1984 52.236-7 Permits and Responsibilities. Nov 1991 52.236-8 Other Contracts. Apr 1984
52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.
Apr 1984
52.236-10 Operations and Storage Areas. Apr 1984 52.236-11 Use and Possession Prior to Completion. Apr 1984 52.236-12 Cleaning Up. Apr 1984 52.236-13 Accident Prevention. Nov 1991 52.236-15 Schedules for Construction Contracts. Apr 1984 52.236-16 Quantity Surveys. Apr 1984 52.236-17 Layout of Work. Apr 1984 52.236-21 Specifications and Drawings for Construction. Feb 1997 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-4 Changes. Jun 2007 52.244-5 Competition in Subcontracting. Dec 1996 52.245-1 Government Property. Sep 2021 52.245-9 Use and Charges. Apr 2012 52.246-26 Reporting Nonconforming Items. Nov 2021 52.247-15 Contractor Responsibility for Loading and Unloading. Apr 1984 52.247-16 Contractor Responsibility for Returning Undelivered Freight. Apr 1984 52.247-68 Report of Shipment (REPSHIP). Feb 2006
52.249-3 Termination for Convenience of the Government (Dismantling, Demolition, or Removal of Improvements).
Apr 2012
52.249-4 Termination for Convenience of the Government (Services) (Short Form). Apr 1984
52.249-10 Default (Fixed-Price Construction). Apr 1984 52.249-10 Alternate I Default (Fixed-Price Construction). (Alternate I) Apr 1984
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011
252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies.
Jan 2023
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7000 Disclosure of Information. Oct 2016 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Jan 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Dec 1991
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
May 2019
252.211-7007 Reporting of Government-Furnished Property. Mar 2022 252.215-7002 Cost Estimating System Requirements. Dec 2012 252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders. Dec 2022 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.223-7004 Drug-Free Work Force. Sep 1988 252.225-7017 Photovoltaic Devices. Dec 2022 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023
252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.
Jan 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Jan 2023
252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.242-7006 Accounting System Administration. Feb 2012 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Jan 2023 252.245-7002 Reporting Loss of Government Property Jan 2021 252.245-7003 Contractor Property Management System Administration Apr 2012 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010
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 and shall not be binding until so approved.the Contracting Officer
(End of clause)
52.211-10 Commencement, Prosecution, and Completion of Work. Apr 1984
As prescribed in , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The 11.404(b) 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 calendar days after the date the Contractor receives the notice to 10 proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than .* The time the date identified at the TO Level 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)
52.211-12 Liquidated Damages-Construction. Sep 2000
As prescribed in , insert the following clause in solicitations and contracts:11.503(b)
Liquidated Damages-Construction (Sept 2000)
If the Contractor fails to complete the work within the time specified in the contract, the Contractor shall pay liquidated damages to the (a) Government in the amount of for each calendar day of delay until the work is completed or accepted.(amount determined at the TO Level)
If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. These (b) liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of clause)
52.215-21 Alternate III Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data-Modifications. (Alternate III) Oct 1997
Alternate III (Oct1997). As prescribed in 15.408(m), add the following paragraph (c) to the basic clause (if Alternate II is also used, redesignate the following paragraph as paragraph (d)):
(c) Submit the cost portion of the proposal via the following electronic media: [Insert media format]Identified at the TO Level.
52.216-18 Ordering. Aug 2020
As prescribed in , insert the following clause:16.506(a)
Ordering (Aug 2020)
Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or (a) activities designated in the Schedule. Such orders may be issued from through .March 1, 2024 February 29, 2032
All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task (b) order and this contract, the contract shall control.
A delivery order or task order is considered "issued" when-(c)
If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;(1)
If sent by fax, the Government transmits the order to the Contractor's fax number; or(2)
If sent electronically, the Government either-(3)
Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or(i)
Distributes the delivery order or task order via email to the Contractor's email address.(ii)
Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.(d)
(End of clause)
52.216-19 Order Limitations. Oct 1995
As prescribed in , insert a clause substantially the same as follows:16.506(b)
Order Limitations (Oct 1995)
. When the Government requires supplies or services covered by this contract in an amount of less than , the Government is (a) Minimum order $500 not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
. The Contractor is not obligated to honor-(b) Maximum order
Any order for a single item in excess of ;(1) $5,000,000
Any order for a combination of items in excess of ; or(2) $5,000,000
A series of orders from the same ordering office within days that together call for quantities exceeding the limitation in paragraph (b)(1) or (3) N/A
(2) of this section.
If this is a requirements contract ( includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the (c) i.e., Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.
Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in (d) paragraph (b), unless that order (or orders) is returned to the ordering office within days after issuance, with written notice stating the Contractor's 3 intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.
(End of clause)
52.216-22 Indefinite Quantity. Oct 1995
As prescribed in , insert the following clause:16.506(e)
Indefinite Quantity (Oct 1995)
This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of (a) supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to (b) the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."
Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be (c) issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the (d) time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; , that the Contractor shall not be required to make any deliveries provided under this contract after .February 29, 2032
(End of clause)
52.216-32 Task-Order and Delivery-Order Ombudsman. Sep 2019
As prescribed in , insert the following clause:16.506(j)
Task-Order and Delivery-Order Ombudsman (Sept 2019)
In accordance with 41 U.S.C. 4106(g), the Agency has designated the following task-order and delivery-order Ombudsman for this contract. The (a) Ombudsman must review complaints from the Contractor concerning all task-order and delivery-order actions for this contract and ensure the Contractor is afforded a fair opportunity for consideration in the award of orders, consistent with the procedures in the contract. Susan Madison, AFMC OL-AMC / AFICC KM, 510 POW/MIA Drive, Suite E1004, Scott AFB IL 62225-5022, (618) 229-0267, fax (618) 256-6668, email: susan.
madison@us.af.mil.
Consulting an ombudsman does not alter or postpone the timeline for any other process (e.g., protests).(b)
Before consulting with the Ombudsman, the Contractor is encouraged to first address complaints with the Contracting Officer for resolution. (c) When requested by the Contractor, the Ombudsman may keep the identity of the concerned party or entity confidential, unless prohibited by law or agency procedure.
(End of clause)
52.217-8 Option to Extend Services. Nov 1999
As prescribed in , insert a clause substantially the same as the following:17.208(f)
Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at least prior to contract expiration.30 days
(End of clause)
52.217-9 Option to Extend the Term of the Contract. Mar 2000
As prescribed in , insert a clause substantially the same as the following:17.208(g)
Option to Extend the Term of the Contract (Mar 2000)
The Government may extend the term of this contract by written notice to the Contractor at least days before the contract expires; provided that (a) 15 the Government gives the Contractor a preliminary written notice of its intent to extend at least days before the contract expires. The preliminary 30 notice does not commit the Government to an extension.
If the Government exercises this option, the extended contract shall be considered to include this option clause.(b)
The total duration of this contract, including the exercise of any options under this clause, shall not exceed .(c) 96 months
(End of clause)
52.219-14 Limitations on Subcontracting. Oct 2022
As prescribed in , insert the following clause:19.507(e)
Limitations on Subcontracting (Oct 2022)
This clause does not apply to the unrestricted portion of a partial set-aside.(a)
, as used in this clause, means a first-tier subcontractor, including an independent contractor, that-(b) Definition. Similarly situated entity
Has the same small business program status as that which qualified the prime contractor for the award ( , for a small business set-aside contract, (1) e.g.
any small business concern, without regard to its socioeconomic status); and
Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to (2) the subcontract.
This clause applies only to-(c) Applicability.
Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);(1)
Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);(2)
Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;(3)
Orders expected to exceed the simplified acquisition threshold and that are-(4)
Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or(i)
Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);(ii)
Orders, regardless of dollar value, that are-(5)
Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); (i) or
Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as (ii) described in 19.504(c)(1)(ii); and
Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the (6) evaluation preference.
An independent contractor shall be considered a subcontractor.(d) Independent contractors.
By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract (e) Limitations on subcontracting.
assigned a North American Industry Classification System (NAICS) code for-
Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to (1) subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;
Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the (2) Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;
General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of (3) materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or
Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, (4) excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.
The Contractor shall comply with the limitations on subcontracting as follows:(f)
For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause-(1)
By the end of the base term of the contract and then by the end of each subsequent option period; or
X By the end of the performance period for each order issued under the contract.
For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.(2)
A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed (g) by the aggregate of the joint venture participants.
In a joint venture comprised of a small business protege and its mentor approved by the Small Business Administration, the small business protege (1) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protege in the joint venture must be more than administrative functions.
In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the (2) 8(a) participants in the joint venture must be more than administrative functions.
(End of clause)
52.219-28 Post-Award Small Business Program Rerepresentation. Mar 2023
As prescribed in , insert the following clause:19.309(c)(1)
POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (MAR 2023)
(a) . As used in this clause-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
(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (d) of this clause.
(2) , as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, Affiliates 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.
(b) 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 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:
(1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract.
(2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract.
(3) For long-term contracts-
(i) Within 60 to 120 days prior to the end of the fifth year of the contract; and
(ii) Within 60 to 120 days prior to the date specified in the contract for exercising any option thereafter.
(c) 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 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.
(d) The Contractor shall rerepresent its size status in accordance with…
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