Solicitation_FA520922R0006.pdf
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- Solicitation number
- FA520922R0006
About this file
This is a solicitation notice for an Indefinite Delivery/Indefinite Quantity (IDIQ) Simplified Acquisition of Base Engineer Requirements (SABER) contract to provide maintenance, repair, and minor construction services at U.S. Army installations in Camp Zama and other locations within Honshu, Japan. The contract will have a 60-month base period and a 24-month option period, with a minimum value of 500,000 Japanese yen and maximum value of 49,000,000 Japanese yen including all task orders. A pre-proposal conference will be held on June 24, 2022, with questions due by June 21, 2022. Past performance questionnaires and proposals are due by July 15, 2022. The services include a broad range of work on real property and facilities. The Department of the Air Force Pacific Air Forces is the issuing agency. Offerors must meet requirements for operations outside the continental United States. The notice does not obligate funds and is not an offer.
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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
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
Simplified Acquisition Base Engineering Requirements (SABER), Indefinite-Delivery/Indefinite-Quantity (IDIQ), U.S. Army Installations within Honshu, Japan
Purchase Requisition Number: A021674 Date: 13 Apr 2022 Proposal Identifier: FA520922R0006 Date: 09 Jun 2022
Section B - Supplies or Services & Prices or Costs
Additional Information/Notes
Additional Information/Notes Simplified Acquisition Base Engineering Requirements (SABER) is a single-award, indefinite delivery /indefinite quantity (IDIQ) construction acquisition based on a general statement of work further defined with each individual task order.
No prices/coefficients are required for this section. The CLINS shown simply represent option CLINS and will contain no funding. You must complete Attachment J-4 of this solicitation and submit with your proposal.
The magnitude of each task order is divided into three levels. Level I project is up to Y30,000,000. Level II is from Y30,000,001 to Y100,000,000. Level III is from Y100,000,001 and above.
PROPOSAL WITHOUT AWARD is defined as follows: Occasionally, the Contractor will be required to submit a proposal, but the task order will not be awarded at the Government's discretion (e.g., due to unexpected funding or mission prioritization). It is not the Government's intent to have the Contractor provide an estimating service for projects without a valid consideration; however, should such situation occurs the contractor agrees to the following fixed prices for providing proposals that are not awarded.
Payment amount: Level I - Y100,000, Level II - Y200,000, and Level III - Y300,000
PROPOSAL PREPARATION FEE CREDIT - For proposals that are not awarded and paid for, but then are later awarded, the contractor shall credit the Government for the paid "proposal without award" fee under the applicable task order.
Item Supplies/Service Qty Unit Unit Price
Amount
SABER (BASE) Period of Performance for this line item is from date of award through 60 consecutive calendar months (5 years). Contractor shall provide all labor, equipment, materials, transportation, supervision, administration, testing, etc., necessary to complete maintenance, repair, and minor construction services during standard / non-standard working time and Kanto Plain / Hiroshima Area / Others working location in accordance with the SABER Specifications, Unit Price Guide (UPG), and Schedule B, Coefficient Table.
Product Service Code: Z1AA Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price
1 Lot
Option Line Item
SABER (Option One) Period of Performance for this line item is from date of award through 24 consecutive calendar months (2 years). Contractor shall provide all labor, equipment, materials, transportation, supervision, administration, testing, etc., necessary to complete maintenan4ce, repair, and minor construction services during standard / non-standard working time and Kanto Plain / Hiroshima Area / Others working location in accordance with the SABER Specifications, Unit Price Guide (UPG), and Schedule B, Coefficient Table.
Product Service Code: Z1AA Claimant Program Code: C2 Pricing Arrangement: Firm Fixed Price
1 Lot
DFARS Clauses Incorporated by Full Text
252.229-7001 Tax Relief. Apr 2020
Basic. As prescribed in 229.402-70(a) and (a)(1), use the following clause: TAX RELIEF-BASIC (APR 2020) (a) Prices set forth in this contract are exclusive of all taxes and duties from which the United States Government is exempt by virtue of tax agreements between the United States Government and the Contractor's government. The following taxes or duties have been excluded from the contract price: NAME OF TAX: __*__ (Offeror insert) *Rates shall be determined to be identified by task order RATE (PERCENTAGE): __*__(Offeror insert) *Rates shall be determined to be identified by task order (b) Invoices submitted in accordance with the terms and conditions of this contract shall be exclusive of all taxes or duties for which relief is available. The Contractor's invoice shall list separately the gross price, amount of tax deducted, and net price charged. (c) When items manufactured to United States Government specifications are being acquired, the Contractor shall identify the materials or components intended to be imported in order to ensure that relief from import duties is obtained. If the Contractor intends to use imported products from inventories on hand, the price of which includes a factor for import duties, the Contractor shall ensure the United States Government's exemption from these taxes. The Contractor may obtain a refund of the import duties from its government or request the duty-free import of an amount of supplies or components corresponding to that used from inventory for this contract. (End of clause)
Section C - Description/Specifications/Statement of Work
Requirements Simplified Acquisition Base Engineering Requirements (SABER) is a single-award, indefinite delivery /indefinite quantity (IDIQ) construction acquisition based on a general statement of work further defined with each individual task order. The SABER program will consist of, but not limited to, a broad range of maintenance, repair, and minor construction work on real property at U.S. Army Installations, Camp Zama, Sagamihara Family Housing Area, Sagami General Depot, Yokohama North Dock, Akasaka Press Center in Kanto Plain, and Remote Sites; Kure Pier 6, Kawakami Ammunition Depot, Akizuki Ammunition Depot, Hiro Ammunition Depot in Hiroshima areas, Shariki Communication Site in Aomori, Kyougamisaki Communication Site in Kyoto or in the general vicinity in support of U.S. Government requirements.
SABER awardee is required to meet Attachment J-1, OTHER CONTRACT REQUIREMENTS and any other requirements stated under this acquisition.
(SABER) Projects will be awarded on task orders. Performance period is base (5 year) plus one (2 year) option period.
Section D - Packaging and Marking
TBD as needed. Would be specified in Task Orders.
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
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: N/A
DoDAAC: WT5J0M CountryCode: USA
W6CY USAG JAPAN
SUP BR ENGR SUP DIV DPW
UNIT 45006
APO
AP 96343-5006
UNITED STATES
Contract Management Branch Telephone: 046-407-4097 (DSN 263-4097)
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: N/A
DoDAAC: WT5J0M CountryCode: USA
W6CY USAG JAPAN
SUP BR ENGR SUP DIV DPW
UNIT 45006
APO
AP 96343-5006
UNITED STATES
Contract Management Branch Telephone: 046-407-4097 (DSN 263-4097)
Section F - Deliveries or Performance
PERIOD OF PERFORMANCE SABER
1. This is an indefinite quantity contract for miscellaneous construction projects, effective for a 60-month base ordering period from date of award plus one (1) 24-month option ordering periods.
2. Delivery or performance time for specific projects will be specified in each individual task order issued hereunder.
Overall Contract Delivery Period
From date of lead time event to beginning of performance 30 Calendar Days Date of Award Receipt
From date of lead time event to completion of performance 365 Calendar Days Date of Award Receipt
Line Item Delivery Schedule QTY Address and POC
Delivery Schedule From date of lead time event to beginning of performance 60 Month Date of Award Receipt
1 Lot Place of Performance DoDAAC: WT5J0M CountryCode: USA
W6CY USAG JAPAN
SUP BR ENGR SUP DIV DPW
UNIT 45006
APO
AP 96343-5006
UNITED STATES
Contract Management Branch Telephone: 046-407-4097 (DSN 263-4097)
Option Line Item
Delivery Schedule From date of lead time event to beginning of performance 24 Month Date of Award
1 Lot Place of Performance DoDAAC: WT5J0M CountryCode: USA
W6CY USAG JAPAN
SUP BR ENGR SUP DIV DPW
UNIT 45006
APO
AP 96343-5006
UNITED STATES
Contract Management Branch Telephone: 046-407-4097 (DSN 263-4097)
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.242-17 Government Delay of Work. Apr 1984
DFARS Clauses Incorporated by Full Text
252.247-7023 Transportation of Supplies by Sea. Feb 2019
Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:
TRANSPORTATION OF SUPPLIES BY SEA-BASIC (FEB 2019)
(a) As used in this clause- Definitions.
"Components" means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.
"Department of Defense" (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.
"Foreign-flag vessel" means any vessel that is not a U.S.-flag vessel.
"Ocean transportation" means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.
"Subcontractor" means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.
"Supplies" means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.
(i) An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.
(ii) "Supplies" includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.
"U.S.-flag vessel" means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.
(b)(1) The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.
(2) A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if-
(i) This contract is a construction contract; or
(ii) The supplies being transported are-
(A) Noncommercial items; or
(B) Commercial items that-
(1) The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);
(2) Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or
(3) Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.
S.C. 2643.
(c) The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that-
(1) U.S.-flag vessels are not available for timely shipment;
(2) The freight charges are inordinately excessive or unreasonable; or
(3) Freight charges are higher than charges to private persons for transportation of like goods.
(d) The Contractor must submit any request for use of foreign-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum-
(1) Type, weight, and cube of cargo;
(2) Required shipping date;
(3) Special handling and discharge requirements;
(4) Loading and discharge points;
(5) Name of shipper and consignee;
(6) Prime contract number; and
(7) A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.
(e) The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:
(1) Prime contract number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of steamship company.
(f) If this contract exceeds the simplified acquisition threshold, the Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief-
(1) No ocean transportation was used in the performance of this contract;
(2) Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;
(3) Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all foreign-flag ocean transportation; or
(4) Ocean transportation was used and some or all of the shipments were made on foreign-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:
ITEM DESCRIPTION CONTRACT LINE ITEMS
QUANTITY
TOTAL ____ ____ ____
(g) If this contract exceeds the simplified acquisition threshold and the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of foreign-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.
(h) If the Contractor indicated in response to the solicitation provision, Representation of Extent of Transportation by Sea, that it did not anticipate transporting by sea any supplies; however, after the award of this contract, the Contractor learns that supplies will be transported by sea, the Contractor shall-
(1) Notify the Contracting Officer of that fact; and
(2) Comply with all the terms and conditions of this clause.
(i) In the award of subcontracts, for the types of supplies described in paragraph (b)(2) of this clause, including subcontracts for commercial items, the Contractor shall flow down the requirements of this clause as follows:
(1) The Contractor shall insert the substance of this clause, including this paragraph (i), in subcontracts that exceed the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.
(2) The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (i), in subcontracts that are at or below the simplified acquisition threshold in part 2 of the Federal Acquisition Regulation.
(End of clause)
Section G - Contract Administration Data
(a) Accounting and appropriation data will be cited on each individual task order(s) as awarded.
(b) Guaranteed Minimum Amount: Reference to Attachment J-1 B003 MINIMUM/MAXIMUM CONTRACT
AMOUNTS
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 252.232-7008 Assignment of Claims (Overseas). Jun 1997 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)
(a) 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.
Construction Payment Invoice
(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.
Not Applicable
(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 To be specified in individual task order(s) Issue By DoDAAC FA5209 Admin DoDAAC FA5209 Inspect By DoDAAC To be specified in individual task order(s) Ship To Code ____ Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) ____ Service Acceptor (DoDAAC) To be specified in individual task order(s) Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____
(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.
To be specified in individual task order(s)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
Section H - Special Contract Requirements
SABER awardee is required to meet Attachment J-1, "OTHER CONTRACT REQUIREMENTS" and any other requirements stated under this acquisition.
FAR Clauses Incorporated by Full Text
52.236-1 Performance of Work by the Contractor. Apr 1984
As prescribed in 36.501(b), insert the following clause: [Complete the clause by inserting the appropriate percentage consistent with the complexity and magnitude of the work and customary or necessary specialty subcontracting (see 36.501(a)).]
Performance of Work by the Contractor (Apr 1984)
The Contractor shall perform on the site, and with its own organization, work equivalent to at least 25 percent of the total amount of work to be performed under the contract. This percentage may be reduced by a supplemental agreement to this contract if, during performing the work, the Contractor requests a reduction and the Contracting Officer determines that the reduction would be to the advantage of the Government.
Section I - Contract Clauses
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 52.203-7 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 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.
Jun 2020
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper. May 2011 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-12 Unique Entity Identifier Maintenance. Oct 2016 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
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
Nov 2021
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
Nov 2021
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.211-13 Time Extensions. Sep 2000 52.213-1 Fast Payment Procedure. May 2006 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-12 Subcontractor Certified Cost or Pricing Data. Jun 2020 52.215-23 Limitations on Pass-Through Charges. Jun 2020 52.215-23 Alternate I Limitations on Pass-Through Charges. - (Alternate I) Jun 2020 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns. Sep 2021 52.222-21 Prohibition of Segregated Facilities. Apr 2015 52.222-26 Equal Opportunity. Sep 2016 52.222-27 Affirmative Action Compliance Requirements for Construction. Apr 2015 52.222-29 Notification of Visa Denial. Apr 2015 52.222-50 Combating Trafficking in Persons. Nov 2021 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-15 Energy Efficiency in Energy-Consuming Products. May 2020 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. Jun 2020 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.225-14 Inconsistency between English Version and Translation of Contract. Feb 2000 52.228-2 Additional Bond Security. Oct 1997 52.228-3 Workers' Compensation Insurance (Defense Base Act). Jul 2014 52.228-4 Workers’ Compensation and War-Hazard Insurance Overseas. Apr 1984 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.228-11 Individual Surety-Pledge of Assets. Feb 2021 52.228-14 Irrevocable Letter of Credit. Nov 2014 52.229-6 Taxes-Foreign Fixed-Price Contracts. Feb 2013 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.232-17 Interest. May 2014 52.232-18 Availability of Funds. Apr 1984 52.232-24 Prohibition of Assignment of Claims. May 2014 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services. Nov 2021 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-37 Multiple Payment Arrangements. May 1999 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. Aug 1996 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 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 52.236-13 Alternate I Accident Prevention. - (Alternate I) Nov 1991 52.236-14 Availability and Use of Utility Services. Apr 1984 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 52.236-21 Alternate I Specifications and Drawings for Construction. - (Alternate I) Feb 1997 52.242-13 Bankruptcy. Jul 1995 52.242-14 Suspension of Work. Apr 1984 52.243-1 Alternate I Changes-Fixed-Price. - (Alternate I) Aug 1987 52.243-4 Changes. Jun 2007 52.244-6 Subcontracts for Commercial Products and Commercial Services. Jan 2022 52.247-5 Familiarization with Conditions. Apr 1984 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 52.249-2 Alternate I Termination for Convenience of the Government (Fixed-Price). - (Alternate I) Apr 2012 52.249-10 Default (Fixed-Price Construction). Apr 1984 52.253-1 Computer Generated Forms. Jan 1991
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.
Dec 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Sep 2013 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Aug 2019 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 252.205-7000 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
252.222-7002 Compliance with Local Labor Laws (Overseas). Jun 1997 252.225-7012 Preference for Certain Domestic Commodities. Mar 2022 252.225-7041 Correspondence in English. Jun 1997 252.225-7043 Antiterrorism/Force Protection for Defense Contractors Outside the United States. Jun 2015 252.225-7048 Export-Controlled Items. Jun 2013 252.227-7032 Rights in Technical Data and Computer Software (Foreign). Jun 1975 252.227-7033 Rights in Shop Drawings. Apr 1966 252.232-7010 Levies on Contract Payments. Dec 2006 252.233-7001 Choice of Law (Overseas). Jun 1997 252.236-7005 Airfield Safety Precautions. Dec 1991 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2012 252.244-7000 Subcontracts for Commercial Items. Oct 2020
FAR Clauses Incorporated by Full Text
52.211-10 Alternate I Commencement, Prosecution, and Completion of Work. (Alternate I) Apr 1984
As prescribed in 11.404(b), insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction.
Commencement, Prosecution, and Completion of Work (Apr 1984)
The Contractor shall be required to (a) commence work under this contract within 10 calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than "To be determined by individual task orders placed against the IDIQ contract.* " The time stated for completion shall include final cleanup of the premises.
Alternate I (Apr1984). If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:
The completion date is based on the assumption that the successful offeror will receive the notice to proceed by 30 calendar days. The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
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 This clause may be included in individual requirement and incorporated into the resultant Task Order identifying the
[Contracting Officer insert amount] for each calendar day of delay until the work is liquidated damages rate applicable to that individual Task Order.
completed or accepted.
If the Government terminates the Contractor's right to proceed, liquidated damages will continue to accrue until the work is completed. (b) These liquidated damages are in addition to excess costs of repurchase under the Termination clause.
(End of clause)
52.216-18 Ordering. Aug 2020
As prescribed in 16.506(a), insert the following clause:
Ordering (Aug 2020)
(a) 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 activities designated in the Schedule. Such orders may be issued from within the period as detailed within Section F, Contract Period.
(b) 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 order and this contract, the contract shall control.
(c) A delivery order or task order is considered "issued" when-
(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;
(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or
(3) If sent electronically, the Government either-
(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or
(ii) Distributes the delivery order or task order via email to the Contractor's email address.
(d) Orders may be issued by methods other than those enumerated in this clause only if authorized in the contract.
(End of clause)
52.216-19 Order Limitations. Oct 1995
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 Y500,000, 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 Y200,000,000;
(2) Any order for a combination of items in excess of Y300,000,000; or
(3) A series of orders from the same ordering office within five (5) business 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 three (3) business 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.
(End of clause)
52.216-22 Indefinite Quantity. Oct 1995
As prescribed in 16.506(e), insert the following clause:
Indefinite Quantity (Oct 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to 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."
(c) 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 issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) 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. 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; provided, that the Contractor shall not be required to make any deliveries under this contract after the delivery date shown in individual task order.
(End of clause)
52.217-9 Option to Extend the Term of the Contract. Mar 2000
As prescribed in 17.208(g), insert a clause substantially the same as the following: Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days before expiration of contract period; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 84 months.
(End of clause)
52.222-50 Alternate I Combating Trafficking in Persons. (Alternate I) Nov 2021
As prescribed in , insert the following clause:22.1705(a)(1)
COMBATING TRAFFICKING IN PERSONS (NOV 2021)
. As used in this clause-(a) Definitions means any individual, including a director, an officer, an employee, or an independent contractor, authorized to act on behalf of the Agent organization.
means-Coercion
Threats of serious harm to or physical restraint against any person;(1)
Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or (2) physical restraint against any person; or
The abuse or threatened abuse of the legal process.(3) means any sex act on account of which anything of value is given to or received by any person.Commercial sex act
-Commercially available off-the-shelf (COTS) item
Means any item of supply (including construction material) that is-(1)
A commercial product (as defined in paragraph (1) of the definition of "commercial product" at Federal Acquisition Regulation (i)
(FAR) 2.101;
Sold in substantial quantities in the commercial marketplace; and(ii)
Offered to the Government, under a contract or subcontract at any tier, without modification, in the same form in which it is sold in (iii) the commercial marketplace; and
Does not include bulk cargo, as defined in 46 U.S.C. 40102(4), such as agricultural products and petroleum products.(2) means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a Debt bondage person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.
means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal Employee impact or involvement in contract performance.
means knowingly providing or obtaining the labor or services of a person-Forced Labor
By threats of serious harm to, or physical restraint against, that person or another person;(1)
By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or (2) services, that person or another person would suffer serious harm or physical restraint; or
By means of the abuse or threatened abuse of law or the legal process.(3) includes a condition of servitude induced by means of-Involuntary servitude
Any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such conditions, (1) that person or another person would suffer serious harm or physical restraint; or
The abuse or threatened abuse of the legal process.(2) means fees of any type, including charges, costs, assessments, or other financial obligations, that are associated with the Recruitment fees recruiting process, regardless of the time, manner, or location of imposition or collection of the fee.
Recruitment fees include, but are not limited to, the following fees (when they are associated with the recruiting process) for-(1)
Soliciting, identifying, considering, interviewing, referring, retaining, transferring, selecting, training, providing orientation to, skills (i) testing, recommending, or placing employees or potential employees;
Advertising(ii)
Obtaining permanent or temporary labor certification, including any associated fees;(iii)
Processing applications and petitions;(iv)
Acquiring visas, including any associated fees;(v)
Acquiring photographs and identity or immigration documents, such as passports, including any associated fees;(vi)
Accessing the job opportunity, including required medical examinations and immunizations; background, reference, and security (vii) clearance checks and examinations; and additional certifications;
An employer's recruiters, agents or attorneys, or other notary or legal fees;(viii)
Language interpretation or translation, arranging for or accompanying on travel, or providing other advice to employees or potential (ix) employees;
Government-mandated fees, such as border crossing fees, levies, or worker welfare funds;(x)
Transportation and subsistence costs-(xi)
While in transit, including, but not limited to, airfare or costs of other modes of transportation, terminal fees, and travel taxes (A) associated with travel from the country of origin to the country of performance and the return journey upon the end of employment; and
From the airport or disembarkation point to the worksite;(B)
Security deposits, bonds, and insurance; and(xii)
Equipment charges.(xiii)
A recruitment fee, as described in the introductory text of this definition, is a recruitment fee, regardless of whether the payment is-(2)
Paid in property or money;(i)
Deducted from wages;(ii)
Paid back in wage or benefit concessions;(iii)
Paid back as a kickback, bribe, in-kind payment, free labor, tip, or tribute; or(iv)
Collected by an employer or a third party, whether licensed or unlicensed, including, but not limited to-(v)
Agents;(A)
Labor brokers;(B)
Recruiters;(C)
Staffing firms (including private employment and placement firms);(D)
Subsidiaries/affiliates of the employer;(E)
Any agent or employee of such entities; and(F)
Subcontractors at all tiers.(G) means-Severe forms of trafficking in persons
Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act (1) has not attained 18 years of age; or
The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or (2) coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
"Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act.
means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a Subcontract subcontract.
means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another Subcontractor subcontractor.
means the 50 States, the District of Columbia, and outlying areas.United States
The United States Government has adopted a policy prohibiting trafficking in persons including the trafficking-related activities of (b) Policy.
this clause. Contractors, contractor employees, and their agents shall not-
Engage in severe forms of trafficking in persons during the period of performance of the contract;(1)
Procure commercial sex acts during the period of performance of the contract;(2)
Use forced labor in the performance of the contract;(3)
Destroy, conceal, confiscate, or otherwise deny access by an employee to the employee's identity or immigration documents, such as (4) passports or drivers' licenses, regardless of issuing authority;
(5) Use misleading or fraudulent practices during the recruitment of employees or offering of employment, such as failing to disclose, in a (i) format and language understood by the employee or potential employee, basic information or making material misrepresentations during the recruitment of employees regarding the key terms and conditions of employment, including wages and fringe benefits, the location of work, the living conditions, housing and associated costs (if employer or agent provided or arranged), any significant costs to be charged to the employee or potential employee, and, if applicable, the hazardous nature of the work;
Use recruiters that do not comply with local labor laws of the country in which the recruiting takes place;(ii)
Charge employees or potential employees recruitment fees;(6)
(7) Fail to provide return transportation or pay for the cost of return transportation upon the end of employment-(i)
For an employee who is not a national of the country in which the work is taking place and who was brought into that country for (A) the purpose of working on a U.S. Government contract or subcontract (for portions of contracts performed outside the United States); or
For an employee who is not a United States national and who was brought into the United States for the purpose of working on a (B) U.S. Government contract or subcontract, if the payment of such costs is required under existing temporary worker programs or pursuant to a written agreement with the employee (for portions of contracts performed inside the United States); except that-
The requirements of paragraphs (b)(7)(i) of this clause shall not apply to an employee who is-(ii)
Legally permitted to remain in the country of employment and who chooses to do so; or(A)
Exempted by an authorized official of the contracting agency from the requirement to provide return transportation or pay for the (B) cost of return transportation;
The requirements of paragraph (b)(7)(i) of this clause are modified for a victim of trafficking in persons who is seeking victim (iii) services or legal redress in the…
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