Solicitation - FA800323R0003 (Draft).pdf

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

Created On: 12 Jan 2023, 02:14 PM Central Standard Time

Solicitation/Contract Form

DAF Geospatial Support & Services 2.0

Proposal Identifier: FA800323R0003 Date: 09 Jan 2023

FA800323R0003

Supplies or Services & Prices or Costs

Additional Information/Notes

Item Supplies/Service Quantity Unit Unit Price

Amount

USAF Agency Geospatial Program Management and/or Geospatial Program Office Operations Support

Pricing Arrangement: Firm Fixed Price

Requirements Elicitation (Collection, Development, Analysis, and Synthesis)

Pricing Arrangement: Firm Fixed Price

0003 Geospatial Strategic Support

Pricing Arrangement: Firm Fixed Price

0004 Communications, Education, and Training Support

Pricing Arrangement: Firm Fixed Price

0005 Geospatial Data

Pricing Arrangement: Firm Fixed Price

0006 Geospatial Data

Pricing Arrangement: Fixed Price Level of Effort

0007 Geospatial Data

Pricing Arrangement: Time and Materials

0008 Geospatial Analysis and Data Presentation Support

Pricing Arrangement: Firm Fixed Price

0009 Geospatial IT System Support and Management

Pricing Arrangement: Firm Fixed Price

0010 System Assessment and Authorization

Pricing Arrangement: Firm Fixed Price

0011 IT Portfolio Management Activities

Pricing Arrangement: Firm Fixed Price

Application Development, Modernization, and Sustainment

Pricing Arrangement: Firm Fixed Price

Application Development, Modernization, and Sustainment

Pricing Arrangement: Fixed Price Level of Effort

Application Development, Modernization, and Sustainment

Pricing Arrangement: Time and Materials

Helpdesk Services and Customer Support Services

Pricing Arrangement: Firm Fixed Price

Surge/Contingency Support

Pricing Arrangement: Firm Fixed Price

Surge/Contingency Support

Pricing Arrangement: Fixed Price Level of Effort

Surge/Contingency Support

Pricing Arrangement: Time and Materials

Travel

Pricing Arrangement: Firm Fixed Price

Contract Data Requirements List (CDRL)

Pricing Arrangement: Firm Fixed Price

Option Line Item

USAF Agency Geospatial Program Management and/or Geospatial Program Office Operations Support Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Firm Fixed Price

Option Line Item

Requirements Elicitation (Collection, Development, Analysis, and Synthesis) Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Firm Fixed Price

Option Line Item

Geospatial Strategic Support Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Firm Fixed Price

Option Line Item

Communications, Education, and Training Support Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Firm Fixed Price

Option Line Item

Geospatial Data Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Firm Fixed Price

Option Line Item

Geospatial Data Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Fixed Price Level of Effort

Option Line Item

Geospatial Data Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Time and Materials

Option Line Item

Geospatial Analysis and Data Presentation Support Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Firm Fixed Price

Option Line Item

Geospatial IT System Support and Management Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Firm Fixed Price

System Assessment and Authorization

Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Firm Fixed Price

Option Line Item

IT Portfolio Management Activities Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Firm Fixed Price

Option Line Item

Application Development, Modernization, and Sustainment Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Firm Fixed Price

Option Line Item

Application Development, Modernization, and Sustainment Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Fixed Price Level of Effort

Option Line Item

Application Development, Modernization, and Sustainment Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Time and Materials

Option Line Item

Helpdesk Services and Customer Support Services Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Firm Fixed Price

Option Line Item

Surge/Contingency Support Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Firm Fixed Price

Option Line Item

Surge/Contingency Support Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Fixed Price Level of Effort

Option Line Item

Surge/Contingency Support Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Time and Materials

Travel

Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Firm Fixed Price

Contract Data Requirements List (CDRL) Contractor shall provide a six-month option to extend the contract IAW

FAR 52.217-8.

Pricing Arrangement: Firm Fixed Price

Description/Specifications/Statement of Work

Requirements This requirement shall serve as the AF mechanism to provide a variety of geospatial tasks and support functions.

Individual requirements may include: on-site (at DoD Facility) and/or off-site (at a Contractor-Owned Facility) delivery, support at various echelons of the military hierarchy including individual unit level, installation level, and management headquarters level, and employment of Agile Development and/or Agile Program management tools, techniques, and processes.

Packaging and Marking

Inspection and Acceptance

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.246-4 Inspection of Services-Fixed-Price. Aug 1996 52.246-6 Inspection-Time-and-Material and Labor-Hour. May 2001

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property. Apr 2012

Deliveries or Performance

Overall Contract Delivery Period

Contractor Destination

Line Item Delivery Schedule QTY Address and POC

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024

To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Period of Performance From 22 Jan 2024 To 21 Jan 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Period of Performance From

22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Option Line Item

Period of Performance From 22 Jan 2029 To 21 Jul 2029

Period of Performance From 22 Jan 2029

To 21 Jul 2029

FAR Clauses Incorporated by Reference

Number Title Effective Date 52.242-15 Stop-Work Order. Aug 1989

Contract Administration Data

DFARS Clauses Incorporated by Reference

Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7002 Payment for Contract Line or Subline Items Not Separately Priced. Apr 2020 252.204-7006 Billing Instructions. Oct 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.236-7000 Modification Proposals--Price Breakdown. Dec 1991

DFARS Clauses Incorporated by Full Text

252.232-7006 Wide Area WorkFlow Payment Instructions. Dec 2018

As prescribed in 232.7004(b), use the following clause:

WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) As used in this clause- Definitions.

"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.

"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.

"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.

authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) To access WAWF, the Contractor shall- WAWF access.

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.

(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.

Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/

(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.

Protocol.

(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF payment instructions.

WAWF for this contract or task or delivery order:

(1) The Contractor shall submit payment requests using the following document type(s): Document type.

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Inspection: Destination, Acceptance: Destination

(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.

Invoicing and Receiving Report - COMBO

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial item financing, submit a commercial item financing request.

(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(f) [Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]

(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF Document routing.

when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF

Pay Official DoDAAC TBD

Issue By DoDAAC FA8003

Admin DoDAAC FA8003

Inspect By DoDAAC ____

Ship To Code N/A

Ship From Code N/A

Mark For Code N/A

Service Approver (DoDAAC) TBD

Service Acceptor (DoDAAC) TBD

Accept at Other DoDAAC N/A

LPO DoDAAC N/A

DCAA Auditor DoDAAC N/A

Other DoDAAC(s) N/A

(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.

accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Contracting Officer: Frank Batz, frank.batz@us.af.mil Contract Specialist: SSgt Travis Leffert, travis.leffert@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. Apr 2014

As prescribed in 232.706-70, use the following clause:

LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) 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 [Contracting Officer insert after negotiations] 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 $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(month) (day), (year) $ ____

(End of clause)

Special Contract Requirements

DFARS Clauses Incorporated by Full Text

252.217-7001 Surge Option. Dec 2018

As prescribed in 217.208-70(b), use the following clause:

SURGE OPTION (DEC 2018)

(a) The Government has the option to- General.

(1) Increase the quantity of supplies or services called for under this contract by no more than percent of Geospatial Support twenty-five (25) Services; and/or

(2) Accelerate the rate of delivery called for under this contract, at a price or cost established before contract award or to be established by negotiation as provided in this clause.

(b) Schedule.

(1) When the Capabilities Analysis Plan (CAP) is included in the contract, the option delivery schedule shall be the production rate provided with the Plan. If the Plan was negotiated before contract award, then the negotiated schedule shall be used.

(2) If there is no CAP in the contract, the Contractor shall, within 30 days from the date of award, furnish the Contracting Officer a delivery schedule showing the maximum sustainable rate of delivery for items in this contract. This delivery schedule shall provide acceleration by month up to the maximum sustainable rate of delivery achievable within the Contractor's existing facilities, equipment, and subcontracting structure.

(3) The Contractor shall not revise the option delivery schedule without approval from the Contracting Officer.

(c) Exercise of option.

(1) The Contracting Officer may exercise this option at any time before acceptance by the Government of the final scheduled delivery.

(2) The Contracting Officer will provide a preliminary oral or written notice to the Contractor stating the quantities to be added or accelerated under the terms of this clause, followed by a contract modification incorporating the transmitted information and instructions. The notice and modification will establish a not-to-exceed price equal to the highest contract unit price or cost of the added or accelerated items as of the date of the notice.

(3) The Contractor will not be required to deliver at a rate greater than the maximum sustainable delivery rate under paragraph (b)(2) of this clause, nor will the exercise of this option extend delivery more than 24 months beyond the scheduled final delivery.

(d) Price negotiation.

(1) Unless the option cost or price was previously agreed upon, the Contractor shall, within 30 days from the date of option exercise, submit to the Contracting Officer a cost or price proposal (including a cost breakdown) for the added or accelerated items.

(2) Failure to agree on a cost or price in negotiations resulting from the exercise of this option shall constitute a dispute concerning a question of fact within the meaning of the Disputes clause of this contract. However, nothing in this clause shall excuse the Contractor from proceeding with the performance of the contract, as modified, while any resulting claim is being settled.

(End of clause)

Contract Clauses

Number Title Effective Date 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020

52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights.

Jun 2020

52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 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 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. Nov 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

Nov 2021

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2021 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.217-2 Cancellation Under Multi-year Contracts. Oct 1997 52.219-8 Utilization of Small Business Concerns. Oct 2022 52.219-9 Small Business Subcontracting Plan. Oct 2022 52.219-13 Notice of Set-Aside of Orders. Mar 2020 52.222-15 Certification of Eligibility. May 2014 52.222-29 Notification of Visa Denial. Apr 2015 52.223-5 Pollution Prevention and Right-to-Know Information. May 2011 52.223-6 Drug-Free Workplace. May 2001 52.223-10 Waste Reduction Program. May 2011 52.224-1 Privacy Act Notification. Apr 1984 52.224-2 Privacy Act. Apr 1984 52.224-3 Privacy Training. Jan 2017 52.227-14 Rights in Data-General. May 2014 52.227-18 Rights in Data-Existing Works. Dec 2007 52.228-3 Workers’ Compensation Insurance (Defense Base Act). Jul 2014 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.229-3 Federal, State, and Local Taxes. Feb 2013 52.229-6 Taxes-Foreign Fixed-Price Contracts. Feb 2013 52.232-18 Availability of Funds. Apr 1984 52.232-22 Limitation of Funds. Apr 1984 52.232-23 Assignment of Claims. May 2014 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Nov 2021 52.233-1 Disputes. May 2014 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.237-3 Continuity of Services. Jan 1991 52.242-13 Bankruptcy. Jul 1995 52.243-1 Alternate I Changes-Fixed-Price. (Alternate I) Aug 1987 52.243-3 Changes-Time-and-Materials or Labor-Hours. Sep 2000 52.244-5 Competition in Subcontracting. Dec 1996 52.245-1 Government Property. Sep 2021 52.245-9 Use and Charges. Apr 2012 52.249-4 Termination for Convenience of the Government (Services) (Short Form). Apr 1984 52.249-8 Default (Fixed-Price Supply and Service). 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 252.204-7000 Disclosure of Information. Oct 2016 252.204-7003 Control of Government Personnel Work Product. Apr 1992

252.204-7004 Antiterrorism Awareness Training for Contractors. Feb 2019

252.204-7009 Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information.

Oct 2016

252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Dec 2019 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. May 2016 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Mar 2022 252.204-7022 Expediting Contract Closeout. May 2021 252.204-7023 Alternate I Reporting Requirements for Contracted Services. (Alternate I) Jul 2021 252.204-7023 Reporting Requirements for Contracted Services. Jul 2021 252.205-7000 Provision of Information to Cooperative Agreement Holders. Dec 1991

252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.

May 2019

252.211-7007 Reporting of Government-Furnished Property. Mar 2022 252.216-7010 Postaward Debriefings for Task Orders and Delivery Orders. Mar 2022 252.219-7003 Small Business Subcontracting Plan (DoD Contracts). Dec 2019 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Dec 2010 252.223-7004 Drug-Free Work Force. Sep 1988 252.223-7008 Prohibition of Hexavalent Chromium. Jun 2013 252.225-7024 Requirement for Products or Services from Afghanistan . Sep 2013 252.225-7026 Acquisition Restricted to Products or Services from Afghanistan . Sep 2013 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 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. May 2022

252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China.

Aug 2022

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.

Apr 2019

252.227-7000 Non-Estoppel Oct 1966 252.227-7013 Rights in Technical Data--Noncommercial Items. Feb 2014

252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation.

Feb 2014

252.227-7015 Technical Data--Commercial Items. Feb 2014 252.227-7020 Rights in Special Works. Jun 1995 252.227-7021 Rights in Data--Existing Works. Mar 1979 252.227-7022 Government Rights (Unlimited). Mar 1979

252.227-7025 Limitations on the Use or Disclosure of Government-Furnished Information Marked with Restrictive Legends.

May 2013

252.227-7030 Technical Data--Withholding of Payment. Mar 2000 252.227-7037 Validation of Restrictive Markings on Technical Data. Apr 2022 252.232-7010 Levies on Contract Payments. Dec 2006 252.232-7011 Payments in Support of Emergencies and Contingency Operations. May 2013

252.232-7017 Accelerating Payments to Small Business Subcontractors-Prohibition on Fees and Consideration.

Apr 2020

252.236-7002 Obstruction of Navigable Waterways. Dec 1991 252.236-7005 Airfield Safety Precautions. Dec 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jun 2013 252.237-7022 Services at Installations Being Closed. May 1995 252.239-7010 Cloud Computing Services. Sep 2022 252.239-7018 Supply Chain Risk. Feb 2019 252.242-7006 Accounting System Administration. Feb 2012 252.243-7001 Pricing of Contract Modifications. Dec 1991 252.243-7002 Requests for Equitable Adjustment. Dec 2012 252.244-7000 Subcontracts for Commercial Items. Jan 2021 252.245-7000 Government-Furnished Mapping, Charting, and Geodesy Property. Apr 2012 252.245-7002 Reporting Loss of Government Property Jan 2021 252.245-7003 Contractor Property Management System Administration Apr 2012 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for Military Operations. Oct 2010

FAR Clauses Incorporated by Full Text

52.204-2 Security Requirements. Mar 2021

As prescribed in , insert the following clause:4.404(a)

SECURITY REQUIREMENTS (MAR 2021)

This clause applies to the extent that this contract involves access to information classified "Confidential," "Secret," or "Top Secret."(a)

The Contractor shall comply with-(b)

The Security Agreement DD Form441), including the (32 CFR part 117); and(1) National Industrial Security Program Operating Manual

Any revisions to that manual, notice of which has been furnished to the Contractor.(2)

If, subsequent to the date of this contract, the security classification or security requirements under this contract are changed by the (c) Government and if the changes cause an increase or decrease in security costs or otherwise affect any other term or condition of this contract, the contract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this contract.

The Contractor agrees to insert terms that conform substantially to the language of this clause, including this paragraph (d) but excluding (d) any reference to the Changes clause of this contract, in all subcontracts under this contract that involve access to classified information.

(End of clause)

52.212-4 Alternate I Contract Terms and Conditions-Commercial Products and Commercial Services. (Alternate I) Nov

Alternate I (Nov 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.

(a) (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to Inspection/Acceptance.

the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [____ Insert portion of labor rate

]attributable to profit.

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(e) (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-Definitions.

(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) "Materials" means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs ( , incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);e.g.

(D) The following subcontracts for services which are specifically excluded from the hourly rate: ; and____

(E) Indirect costs specifically provided for in this clause.

(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(i) (1) The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Payments. Work performed.

Contracting Officer:

(i) .Hourly rate

(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.

(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer.

(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.

(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.

(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.

( If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be 1) negotiated.

( ) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract.2

( ) If the Schedule provides rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by 3 the Contracting Officer.

(ii) .Materials

(A) If the Contractor furnishes materials that meet the definition of a commercial product at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-

( ) Quantities being acquired; and1

( ) Any modifications necessary because of contract requirements.2

(B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor-

(1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or

(2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice.

(C) To the extent able, the Contractor shall-

(1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and

(2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract.

(D) . Unless listed below, other direct and indirect costs will not be reimbursed.Other Costs

(1) . The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with Other Direct Costs the requirements in paragraph (i)(1)(ii)(B) of this clause: None

(2) . The Government will reimburse the Contractor for indirect costs on a pro-Indirect Costs (Material Handling, Subcontract Administration, etc.)

rata basis over the period of contract performance at the following fixed price: None

(2) . It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Total cost Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract.

(3) . The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Ceiling price Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the Contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price.

(4) . At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to Access to records the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer):

(i) Records that verify that the employees whose time has been included in any invoice meet the qualifications for the labor categories specified in the contract;

(ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment-

(A) The original timecards (paper-based or electronic);

(B) The Contractor's timekeeping procedures;

(C) Contractor records that show the distribution of labor between jobs or contracts; and

(D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices.

(iii) For material and subcontract costs that are reimbursed on the basis of actual cost-

(A) Any invoices or subcontract agreements substantiating material costs; and

(B) Any documents supporting payment of those invoices.

(5) Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that Overpayments/Underpayments.

are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall-

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-

(A) Circumstances of the overpayment ( , duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);e.g.

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6)(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) . The Contracting Officer will issue a final decision as required by 33.211 if-Final Decisions

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The…