Solicitation - FA461021Q0003.pdf
PDF 554 KB Posted
- Attached to
- Base Wide Pest Control VAFB Federal contract opportunity
- Solicitation number
- FA461021Q0003
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| FA461021Q00030002.pdf | ||
| Attachment 2 Pricing Schedule Pest Control 20.xlsx | XLSX spreadsheet | |
| FA461021Q00030001.pdf | ||
| Attachment 6 Questions and Answers.pdf | ||
| Attachment 2 Pricing Schedule Pest Control 20.xlsx | XLSX spreadsheet | |
| Attachment 3 SCA WD 2015-5648 Revision11.pdf | ||
| Attachment 4 DOD_Pesticides List 20191101.pdf | ||
| Attachment 5 Question and Answer Template.docx | DOCX document | |
| Attachment 1 Pest Control PWS_28 October 2020.pdf |
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Text version
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect calls)
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NO.
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
RFQ IFB RFP
SEE ADDENDUM
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NAICS:
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8 (A)
EDWOSB
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
FA461021Q0003
Solicitation/Contract Form
Supplies or Services and Prices/Cost
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
1st Ordering Period - 15 December 2020 to 14 December 2021 Firm Fixed Price
1001AA Herbicide Weed Abatement Firm Fixed Price
150 Acre
1001AB
General Pests (Includes Survey and Treatment) Firm Fixed Price
1,200 Hours
1001AC Termites- Inspection Firm Fixed Price
25 Hours
1001AD Termites- Structural Termite Fumigation Firm Fixed Price
120,000 Cubic Feet
1001AE Termites- Subterranean Termite Service Firm Fixed Price
2,000 Linear Foot
1001AF Flying Insect (Non-Mosquitos) Firm Fixed Price
100 Hours
1001AG Rodents (Rats/Mice)- Trapping and Baiting Firm Fixed Price
600 Hours
1001AH
Rodents (Rats/Mice)- Clean-up, Decontamination and Sanitation Firm Fixed Price
300 Hours
1001AJ Mosquitos- Adult Treatment Firm Fixed Price
20 Hours
1001AK Mosquito- Larvae Surveillance Firm Fixed Price
5 Acre
1001AL Mosquito- Larvae Treatment Firm Fixed Price
5 Acre
1001AM Bats- Removal Firm Fixed Price
10 Hours
1001AN Bats- Decontamination Firm Fixed Price
16 Hours
1001AP Bedbugs 50 Hours
Firm Fixed Price
1001AQ Trapping Firm Fixed Price
2 Each
1001AR Burrowing Rodents- Less then 1 acre Firm Fixed Price
100 Acre
1001AS Burrowing Rodents- 1-3 Acres Firm Fixed Price
100 Acre
1001AT Burrowing Rodents- 4-6 Acres Firm Fixed Price
100 Acre
1001AU Burrowing Rodents- 7-9 Acres Firm Fixed Price
100 Acre
1001AV
Food Facility Treatment- Inspection and Treatment Firm Fixed Price
50,000 Square Foot
1001AW Deodorizing Firm Fixed Price
5 Each
1001AX Snakes Firm Fixed Price
3 Each
2nd Ordering Period - 15 December 2021 to 14 December 2022 Firm Fixed Price
2001AA Herbicide Weed Abatement Firm Fixed Price
150 Acre
2001AB
General Pests (Includes Survey and Treatment) Firm Fixed Price
1,200 Hours
2001AC Termites- Inspection Firm Fixed Price
25 Hours
2001AD Termites- Structural Termite Fumigation Firm Fixed Price
120,000 Cubic Feet
2001AE Termites- Subterranean Termite Service Firm Fixed Price
2,000 Linear Foot
2001AF Flying Insect (Non-Mosquitos) Firm Fixed Price
100 Hours
2001AG Rodents (Rats/Mice)- Trapping and Baiting Firm Fixed Price
600 Hours
Rodents (Rats/Mice)- Clean-up, 2001AH Decontamination and Sanitation Firm Fixed Price
300 Hours
2001AJ Mosquitos- Adult Treatment Firm Fixed Price
20 Hours
2001AK Mosquito- Larvae Surveillance Firm Fixed Price
5 Acre
2001AL Mosquito- Larvae Treatment Firm Fixed Price
5 Acre
2001AM Bats- Removal Firm Fixed Price
10 Hours
2001AN Bats- Decontamination Firm Fixed Price
16 Hours
2001AP Bedbugs Firm Fixed Price
50 Hours
2001AQ Trapping Firm Fixed Price
2 Each
2001AR Burrowing Rodents- Less then 1 acre Firm Fixed Price
100 Acre
2001AS Burrowing Rodents- 1-3 Acres Firm Fixed Price
100 Acre
2001AT Burrowing Rodents- 4-6 Acres Firm Fixed Price
100 Acre
2001AU Burrowing Rodents- 7-9 Acres Firm Fixed Price
100 Acre
2001AV
Food Facility Treatment- Inspection and Treatment Firm Fixed Price
50,000 Square Foot
2001AW Deodorizing Firm Fixed Price
5 Each
2001AX Snakes Firm Fixed Price
3 Each
3rd Ordering Period - 15 December 2022 to 14 December 2023 Firm Fixed Price
3001AA Herbicide Weed Abatement Firm Fixed Price
150 Acre
3001AB
General Pests (Includes Survey and Treatment) Firm Fixed Price
1,200 Hours
3001AC Termites- Inspection Firm Fixed Price
25 Hours
3001AD Termites- Structural Termite Fumigation Firm Fixed Price
120,000 Cubic Feet
3001AE Termites- Subterranean Termite Service Firm Fixed Price
2,000 Linear Foot
3001AF Flying Insect (Non-Mosquitos) Firm Fixed Price
100 Hours
3001AG Rodents (Rats/Mice)- Trapping and Baiting Firm Fixed Price
600 Hours
3001AH
Rodents (Rats/Mice)- Clean-up, Decontamination and Sanitation Firm Fixed Price
300 Hours
3001AJ Mosquitos- Adult Treatment Firm Fixed Price
20 Hours
3001AK Mosquito- Larvae Surveillance Firm Fixed Price
5 Acre
3001AL Mosquito- Larvae Treatment Firm Fixed Price
5 Acre
3001AM Bats- Removal Firm Fixed Price
10 Hours
3001AN Bats- Decontamination Firm Fixed Price
16 Hours
3001AP Bedbugs Firm Fixed Price
50 Hours
3001AQ Trapping Firm Fixed Price
2 Each
3001AR Burrowing Rodents- Less then 1 acre Firm Fixed Price
100 Acre
3001AS Burrowing Rodents- 1-3 Acres Firm Fixed Price
100 Acre
3001AT Burrowing Rodents- 4-6 Acres Firm Fixed Price
100 Acre
3001AU Burrowing Rodents- 7-9 Acres Firm Fixed Price
100 Acre
3001AV Food Facility Treatment- Inspection and Treatment Firm Fixed Price
50,000 Square Foot
3001AW Deodorizing Firm Fixed Price
5 Each
3001AX Snakes Firm Fixed Price
3 Each
4th Ordering Period - 15 December 2023 to 14 December 2024 Firm Fixed Price
4001AA Herbicide Weed Abatement Firm Fixed Price
150 Acre
4001AB
General Pests (Includes Survey and Treatment) Firm Fixed Price
1,200 Hours
4001AC Termites- Inspection Firm Fixed Price
25 Hours
4001AD Termites- Structural Termite Fumigation Firm Fixed Price
120,000 Cubic Feet
4001AE Termites- Subterranean Termite Service Firm Fixed Price
2,000 Linear Foot
4001AF Flying Insect (Non-Mosquitos) Firm Fixed Price
100 Hours
4001AG Rodents (Rats/Mice)- Trapping and Baiting Firm Fixed Price
600 Hours
4001AH
Rodents (Rats/Mice)- Clean-up, Decontamination and Sanitation Firm Fixed Price
300 Hours
4001AJ Mosquitos- Adult Treatment Firm Fixed Price
20 Hours
4001AK Mosquito- Larvae Surveillance Firm Fixed Price
5 Acre
4001AL Mosquito- Larvae Treatment Firm Fixed Price
5 Acre
4001AM Bats- Removal Firm Fixed Price
10 Hours
4001AN Bats- Decontamination Firm Fixed Price
16 Hours
4001AP Bedbugs Firm Fixed Price
50 Hours
4001AQ Trapping Firm Fixed Price
2 Each
4001AR Burrowing Rodents- Less then 1 acre Firm Fixed Price
100 Acre
4001AS Burrowing Rodents- 1-3 Acres Firm Fixed Price
100 Acre
4001AT Burrowing Rodents- 4-6 Acres Firm Fixed Price
100 Acre
4001AU Burrowing Rodents- 7-9 Acres Firm Fixed Price
100 Acre
4001AV
Food Facility Treatment- Inspection and Treatment Firm Fixed Price
50,000 Square Foot
4001AW Deodorizing Firm Fixed Price
5 Each
4001AX Snakes Firm Fixed Price
3 Each
5th Ordering Period - 15 December 2024 to 14 December 2025 Firm Fixed Price
5001AA Herbicide Weed Abatement Firm Fixed Price
150 Acre
5001AB
General Pests (Includes Survey and Treatment) Firm Fixed Price
1,200 Hours
5001AC Termites- Inspection Firm Fixed Price
25 Hours
5001AD Termites- Structural Termite Fumigation Firm Fixed Price
120,000 Cubic Feet
5001AE Termites- Subterranean Termite Service Firm Fixed Price
2,000 Linear Foot
5001AF Flying Insect (Non-Mosquitos) Firm Fixed Price
100 Hours
5001AG Rodents (Rats/Mice)- Trapping and Baiting Firm Fixed Price
600 Hours
5001AH
Rodents (Rats/Mice)- Clean-up, Decontamination and Sanitation Firm Fixed Price
300 Hours
5001AJ Mosquitos- Adult Treatment Firm Fixed Price
20 Hours
5001AK Mosquito- Larvae Surveillance Firm Fixed Price
5 Acre
5001AL Mosquito- Larvae Treatment Firm Fixed Price
5 Acre
5001AM Bats- Removal Firm Fixed Price
10 Hours
5001AN Bats- Decontamination Firm Fixed Price
16 Hours
5001AP Bedbugs Firm Fixed Price
50 Hours
5001AQ Trapping Firm Fixed Price
2 Each
5001AR Burrowing Rodents- Less then 1 acre Firm Fixed Price
100 Acre
5001AS Burrowing Rodents- 1-3 Acres Firm Fixed Price
100 Acre
5001AT Burrowing Rodents- 4-6 Acres Firm Fixed Price
100 Acre
5001AU Burrowing Rodents- 7-9 Acres Firm Fixed Price
100 Acre
5001AV
Food Facility Treatment- Inspection and Treatment Firm Fixed Price
50,000 Square Foot
5001AW Deodorizing Firm Fixed Price
5 Each
5001AX Snakes Firm Fixed Price
3 Each
Description/Specifications/Statement of Work
Requirements Extermination and Pest Control Services Vandenberg AFB, CA
Packaging and Marking
Inspection and Acceptance
1001 Inspection Location Inspection Destination Instructions: Please contact Mrs. Koski with any questions or concerns.
DoDAAC: F4D3D9 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CENS CP 8056052864
AF BPN NO MILSBILLS PROCESSES
1172 ICELAND AVE BLDG 11433
VANDENBERG AFB, CA 93437 5000
UNITED STATES
OfficeCode:
Darla Koski Telephone: 805-448-1450 Email: Darla.Koski@spaceforce.mil
2001 Inspection Location Inspection Destination Instructions: Please contact Mrs. Koski with any questions or concerns.
DoDAAC: F4D3D9 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CENS CP 8056052864
AF BPN NO MILSBILLS PROCESSES
1172 ICELAND AVE BLDG 11433
VANDENBERG AFB, CA 93437 5000
UNITED STATES
OfficeCode:
Darla Koski Telephone: 805-448-1450 Email: Darla.Koski@spaceforce.mil
3001 Inspection Location Inspection Destination Instructions: Please contact Mrs. Koski with any questions or concerns.
DoDAAC: F4D3D9 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CENS CP 8056052864
AF BPN NO MILSBILLS PROCESSES
1172 ICELAND AVE BLDG 11433
VANDENBERG AFB, CA 93437 5000
UNITED STATES
OfficeCode:
Darla Koski Telephone: 805-448-1450 Email: Darla.Koski@spaceforce.mil
4001 Inspection Location Inspection Destination Instructions: Please contact Mrs. Koski with any questions or concerns.
DoDAAC: F4D3D9 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CENS CP 8056052864
AF BPN NO MILSBILLS PROCESSES
1172 ICELAND AVE BLDG 11433
VANDENBERG AFB, CA 93437 5000
UNITED STATES
OfficeCode:
Darla Koski Telephone: 805-448-1450 Email: Darla.Koski@spaceforce.mil
5001 Inspection Location Inspection Destination Instructions: Please contact Mrs. Koski with any questions or concerns.
DoDAAC: F4D3D9 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CENS CP 8056052864
AF BPN NO MILSBILLS PROCESSES
1172 ICELAND AVE BLDG 11433
VANDENBERG AFB, CA 93437 5000
UNITED STATES
OfficeCode:
Darla Koski Telephone: 805-448-1450 Email: Darla.Koski@spaceforce.mil
Deliveries or Performance
Contractor Destination
Delivery Schedule Ship To Address
Delivery Period
15 DEC 2020
14 DEC 2021
Service Performance Site DoDAAC: F4D3D9 Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CENS CP 8056052864
AF BPN NO MILSBILLS PROCESSES
1172 ICELAND AVE BLDG 11433
VANDENBERG AFB, CA 93437 5000
UNITED STATES
OfficeCode:
Darla Koski Telephone: 805-448-1450 Email: darla.koski@spaceforce.mil
Period of Performance From
15 DEC 2020
To
14 DEC 2021
Delivery Schedule Ship To Address
Delivery Period
15 DEC 2021
14 DEC 2022
Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CENS CP 8056052864
AF BPN NO MILSBILLS PROCESSES
1172 ICELAND AVE BLDG 11433
VANDENBERG AFB, CA 93437 5000
UNITED STATES
OfficeCode:
Darla Koski Telephone: 805-448-1450 Email: darla.koski@spaceforce.mil
Period of Performance From
15 DEC 2021
To
14 DEC 2022
3001 Delivery Schedule Ship To Address
Delivery Period
15 DEC 2022
14 DEC 2023
Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CENS CP 8056052864
AF BPN NO MILSBILLS PROCESSES
1172 ICELAND AVE BLDG 11433
VANDENBERG AFB, CA 93437 5000
UNITED STATES
OfficeCode:
Darla koski Telephone: 805-448-1450 Email: darla.koski@spaceforce.mil
Period of Performance From
15 DEC 2022
To
14 DEC 2023
Delivery Schedule Ship To Address
Delivery Period
15 DEC 2023
14 DEC 2024
Cage:
DunsNumber:
Duns4Number:
CountryCode: USA
30 CES CENS CP 8056052864
AF BPN NO MILSBILLS PROCESSES
1172 ICELAND AVE BLDG 11433
VANDENBERG AFB, CA 93437 5000
UNITED STATES
OfficeCode:
Darla Koski Telephone: 805-448-1450 Email: darla.koski@spaceforce.mil
Period of Performance From
15 DEC 2023
To
14 DEC 2024
Delivery Schedule Ship To Address
Service Performance Site DoDAAC: F4D3D9 Cage:
DunsNumber:
Duns4Number:
Delivery Period
15 DEC 2024
14 DEC 2025
CountryCode: USA
30 CES CENS CP 8056052864
AF BPN NO MILSBILLS PROCESSES
1172 ICELAND AVE BLDG 11433
VANDENBERG AFB, CA 93437 5000
UNITED STATES
OfficeCode:
Darla Koski Telephone: 805-448-1450 Email: darla.koski@spaceforce.mil
Period of Performance From
15 DEC 2024
To
14 DEC 2025
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.201-7000 Contracting Officer's Representative 1991-12 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. 2018-12 252.232-7009 Mandatory Payment by Governmentwide Commercial Purchase Card. 2018-05
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. 2018-12
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) Definitions. As used in this clause-
"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) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall-
(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) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice 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) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(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.
*See Individual Task Order
(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) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in 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 *See Individual Task Order Issue By DoDAAC *See Individual Task Order Admin DoDAAC *See Individual Task Order Inspect By DoDAAC *See Individual Task Order Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) *See Individual Task Order Service Acceptor (DoDAAC) *See Individual Task Order Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(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.
2d Lt Robert Ruble, 805-606-2480, robert.ruble@spaceforce.com Dana Johnson, 805-606-1733, dana.johnson.5@us.af.mil
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
252.232-7007 Limitation of Government's Obligation. 2014-04
As prescribed in 232.705-70, use the following clause:
LIMITATION OF GOVERNMENT’S OBLIGATION (APR 2014)
(a) Contract line item(s) [Contracting Officer insert after negotiations] is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.
(b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government’s convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled “Termination for Convenience of the Government.” As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s).
(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor’s best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor’s notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”
(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.
(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled “Disputes.”
(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph
(a) of this clause.
(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled “Default.” The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause.
(h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled “Termination for Convenience of the Government.”
(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.
(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:
On execution of contract *Information will be on individual Task Orders if this clause applies (month) (day), (year) *Information will be on individual Task Orders if this clause applies (month) (day), (year) *Information will be on individual Task Orders if this clause applies (month) (day), (year) *Information will be on individual Task Orders if this clause applies
(End of clause)
Special Contract Requirements
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.203-6 Alternate I Restrictions on Subcontractor Sales to the Government. - (Alternate I) 2020-06
52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
2017-01
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
2018-07
52.212-4 Contract Terms and Conditions-Commercial Items. 2018-10 52.219-33 Nonmanufacturer Rule. 2020-03 52.229-12 Tax on Certain Foreign Procurements. 2020-06 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. 2013-12 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. 1984-04
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7000 Requirements Relating to Compensation of Former DoD Officials 2011-09 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. 2013-09 252.204-7003 Control of Government Personnel Work Product. 1992-04 252.204-7008 Compliance with Safeguarding Covered Defense Information Controls. 2016-10 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. 2019-12 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. 2016-05 252.205-7000 Provision of Information to Cooperative Agreement Holders 1991-12
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
2019-05
252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. 2010-12 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. 2014-09 252.225-7001 Buy American and Balance of Payments Program. 2017-12 252.225-7002 Qualifying Country Sources as Subcontractors. 2017-12 252.225-7012 Preference for Certain Domestic Commodities. 2017-12 252.225-7048 Export-Controlled Items. 2013-06
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
2019-04
252.232-7010 Levies on Contract Payments. 2006-12
252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.
2020-04
252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. 2013-06 252.243-7001 Pricing of Contract Modifications. 1991-12 252.243-7002 Requests for Equitable Adjustment. 2012-12 252.244-7000 Subcontracts for Commercial Items 2013-06
FAR Clauses Incorporated by Full Text
52.204-1 Approval of Contract. 1989-12
As prescribed in 4.103 , insert the following clause:
Approval of Contract (Dec 1989)
This contract is subject to the written approval of Contracting officer and shall not be binding until so approved.
(End of clause)
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. 2016-02
As prescribed in , insert the following provision:9.104-7(d)
REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY
FEDERAL LAW (FEB 2016)
As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), (a) and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–
Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or (1) have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is (2) aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
The Offeror represents that–(b)
It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative (1) remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
It is is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.(2)
(End of provision)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items. 2020-
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Aug 2020)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C.
2402).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L.
111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ] (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
[ ] (5) [Reserved].
[ ] (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[X] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div.
C).
[ ] (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
(Jun 2020) (31 U.S.C. 6101 note).
[X] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[ ] (10) [Reserved].
[ ] (11)
(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).
[ ] (ii) Alternate I (Mar 2020) of 52.219-3.
[ ] (12)
(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (ii) Alternate I (Mar 2020) of 52.219-4.
[ ] (13) [Reserved]
[X] (14)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Mar 2020) of 52.219-6 (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-6.
[ ] (15)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Mar 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-7.
[ ] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
[X] (17)
(i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (Nov 2016) of 52.219-9.
[ ] (iii) Alternate II (Nov 2016) of 52.219-9.
[ ] (iv)Alternate III (Jun 2020) of 52.219-9.
[ ] (v)Alternate IV (Jun 2020) of 52.219-9
[ ] (18)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
[ ](ii) Alternate I (Mar 2020) of 52.219-13.
[ ] (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).
[ ] (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Mar 2020) (15 U.S.C. 657f).
[ ] (22)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (May 2020) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (MAR 2020) of 52.219-28.
[ ] (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (15 U.S.C. 637(m)).
[ ] (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program (Mar2020) (15 U.S.C. 637(m)).
[ ] (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
[ ] (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).
[ ] (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
[ ] (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).
[X] (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X] (30)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
[ ] (ii) Alternate I (Feb 1999) of 52.222-26.
[X] (31)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (Jul 2014) of 52.222-35.
[X] (32)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (Jul 2014) of 52.222-36.
[ ] (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
[X] (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
[X] (35)
(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[X] (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[ ] (37)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
[ ] (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
[ ] (40)
(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (Oct 2015) of 52.223-13.
[ ] (41)
(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (Jun2014) of 52.223-14.
[ ] (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
[ ] (43)
(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
[ ] (ii) Alternate I (Jun 2014) of 52.223-16.
[ ] (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
[ ] (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
[ ] (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
[ ] (47)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
[ ] (ii) Alternate I (Jan 2017) of 52.224-3.
[ ] (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).
[ ] (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[ ] (ii) Alternate I (May 2014) of 52.225-3.
[ ] (iii) Alternate II (May 2014) of 52.225-3.
[ ] (iv) Alternate III (May 2014) of 52.225-3.
[ ] (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) (42 U.S.C. 5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
[ ] (55) 52.229-12, Tax on Certain Foreign Procurements (Jun 2020).
[ ] (56) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[ ] (57) 52.232-30, Installment Payments for Commercial Items (Jan2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
[X] (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
[ ] (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[X] (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[ ] (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[X] (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
[ ] (63)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[ ] (ii) Alternate I (Apr 2003) of 52.247-64.
[ ] (iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
[X] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C.
chapter 67).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
[X] (7) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xii) 52.222-41, Service Contract Labor Standards (Aug2018) (41 U.S.C. chapter 67).
(xiii)
(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May2014) (41 U.S.C. chapter 67).
(xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xix)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.216-19 Order Limitations. 1995-10
As prescribed in 16.506(b), insert a clause substantially the same as follows:
Order Limitations (Oct 1995)
(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $100, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.
(b) Maximum order. The Contractor is not obligated to honor-
(1) Any order for a single item in excess of $1,000,000;
(2) Any order for a combination of items in excess of $1,000,000; or
(3) A series of orders from the same ordering office within 10 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.
(c) If this is a requirements contract (i.e.,includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the 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.
(d) Notwithstanding paragraphs(b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 15 days after issuance, with written notice stating the Contractor's 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.
52.216-21 Alternate I Requirements. - (Alternate I) 1995-10
As prescribed in 16.506(d), insert the following clause:
Requirements (Oct 1995)
(a) This is a requirements contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies or services specified in the Schedule are estimates only and are not purchased by this contract. Except as this contract may otherwise provide, if the Government's requirements do not result in orders in the quantities described as "estimated" or "maximum" in the Schedule, that fact shall not constitute the basis for an equitable price adjustment.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. Subject to any limitations in the Order Limitations clause or elsewhere in this contract, the Contractor shall furnish to the Government all supplies or services specified in the Schedule and called for by orders issued in accordance with the Ordering clause. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(c) Except as this contract otherwise provides, the Government shall order from the Contractor all the supplies or services specified in the Schedule that are required to be purchased by the Government activity or activities specified in the Schedule.
(d) The Government is not required to purchase from the Contractor requirements in excess of any limit on total orders under this contract.
(e) If the Government urgently requires delivery of any quantity of an item before the earliest date that delivery may be specified under this contract, and if the Contractor will not accept an order providing for the accelerated delivery, the Government may acquire the urgently required goods or services from another source.
(f) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order.
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