Solicitation - W50S9E24QA001.pdf
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- Attached to
- Camp Murray, WA Telecommunication Services
- Solicitation number
- W50S9E24QA001
- Issued by
-
Department of the Army National Guard
About this file
This solicitation document requests telecommunication services for 194 Wing at Camp Murray, Washington. The solicitation includes requirements for local and long-distance telephone services to support E-911, defense switched network, government emergency telecommunications service, and other standard military needs according to an attached performance work statement. The base requires both monthly recurring services and one-time startup equipment. The contract will have an initial one-year period of performance from May 2024 to April 2025, with five one-year option periods extending to October 2029. Pricing must be fixed for the base and option years. The solicitation sets aside the opportunity for women-owned small businesses and includes standard federal acquisition clauses for commercial item contracts.
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| File | Type | Posted |
|---|---|---|
| Solicitation Amendment W50S9E24QA0010001 SF 30.pdf | ||
| Telecommunication Services PWS Camp Murray.pdf |
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Text version
WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 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 NUMBER
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
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
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 Government 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: REFERENCE 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. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) 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)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
Solicitation/Contract Form
Camp Murray Telecommunication Services
Proposal Identifier: W50S9E24QA001 Date: 15 Feb 2024
W50S9E24QA001
Supplies or Services & Prices or Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
Essential Local Telecommunication Services (LTS) and long-distance features supporting 194WG Camp Murray WA that will enable E-911, DSN, GETS and other standard military telephony requirements IAW Telecommunication Services PWS Camp Murray dated 21 Dec 2023.
Product Service Code: DG11 Signal Code: A Pricing Arrangement: Firm Fixed Price
12 Months
Initial start-up/equipment required to start service.
Product Type Code: 1 Product Service Code: 7G21 Signal Code: A Pricing Arrangement: Firm Fixed Price
1 Each
Option Line Item
Essential Local Telecommunication Services (LTS) and long-distance features supporting 194WG Camp Murray WA that will enable E-911, DSN, GETS and other standard military telephony requirements IAW Telecommunication Services PWS Camp Murray dated 21 Dec 2023.
Product Service Code: DG11 Signal Code: A Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Essential Local Telecommunication Services (LTS) and long-distance features supporting 194WG Camp Murray WA that will enable E-911, DSN, GETS and other standard military telephony requirements IAW Telecommunication Services PWS Camp Murray dated 21 Dec 2023.
Product Service Code: DG11 Signal Code: A Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Essential Local Telecommunication Services (LTS) and long-distance features supporting 194WG Camp Murray WA that will enable E-911, DSN, GETS and other standard military telephony requirements IAW Telecommunication Services PWS Camp Murray dated 21 Dec 2023.
Product Service Code: DG11 Signal Code: A Pricing Arrangement: Firm Fixed Price
12 Months
Option Line Item
Essential Local Telecommunication Services (LTS) and long-distance features supporting 194WG Camp Murray WA that will enable E-911, DSN, GETS and other standard military telephony requirements IAW Telecommunication Services PWS Camp Murray dated 21 Dec 2023.
12 Months
Product Service Code: DG11 Signal Code: A Pricing Arrangement: Firm Fixed Price
Option Line Item
Essential Local Telecommunication Services (LTS) and long-distance features supporting 194WG Camp Murray WA that will enable E-911, DSN, GETS and other standard military telephony requirements IAW Telecommunication Services PWS Camp Murray dated 21 Dec 2023.
Product Service Code: DG11 Signal Code: A Pricing Arrangement: Firm Fixed Price
6 Months
Description/Specifications/Statement of Work
Requirements Provide essential Local Telecommunication Services (LTS) and long-distance features supporting 194WG Camp Murray WA that will enable E-911, DSN, GETS and other standard military telephony requirements IAW the PWS dated 21 Dec 2023 Telecommunication Services PWS Camp Murray.
Packaging and Marking
Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: Review and ensure all services and documentation for accuracy and completion.
DoDAAC: F9X3CF CountryCode: USA
194 CF SC
NO MILSBILLS OR SHIPPING PROCESS, 109 ENGINEER DR
CAMP MURRAY, WA 98430-1003
UNITED STATES
SMSgt Mathew Todd Email: mathew.todd.5@us.af.mil Telephone: 253-512-2597
Inspection and Acceptance Location
Both Destination Instructions: Ensure all equipment or materials meet requirements to initiate service.
DoDAAC: F9X3CF CountryCode: USA
194 CF SC
NO MILSBILLS OR SHIPPING PROCESS, 109 ENGINEER DR
CAMP MURRAY, WA 98430-1003
UNITED STATES
SMSgt Mathew Todd Email: mathew.todd.5@us.af.mil Telephone: 253-512-2597
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Review and ensure all services and documentation for accuracy and completion.
DoDAAC: F9X3CF CountryCode: USA
194 CF SC
NO MILSBILLS OR SHIPPING PROCESS, 109 ENGINEER DR
CAMP MURRAY, WA 98430-1003
UNITED STATES
SMSgt Mathew Todd Email: mathew.todd.5@us.af.mil Telephone: 253-512-2597
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Review and ensure all services and documentation for accuracy and completion.
DoDAAC: F9X3CF CountryCode: USA
194 CF SC
NO MILSBILLS OR SHIPPING PROCESS, 109 ENGINEER DR
CAMP MURRAY, WA 98430-1003
UNITED STATES
SMSgt Mathew Todd Email: mathew.todd.5@us.af.mil Telephone: 253-512-2597
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Review and ensure all services and documentation for accuracy and completion.
DoDAAC: F9X3CF CountryCode: USA
194 CF SC
NO MILSBILLS OR SHIPPING PROCESS, 109 ENGINEER DR
CAMP MURRAY, WA 98430-1003
UNITED STATES
SMSgt Mathew Todd Email: mathew.todd.5@us.af.mil Telephone: 253-512-2597
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Review and ensure all services and documentation for accuracy and completion.
DoDAAC: F9X3CF CountryCode: USA
194 CF SC
NO MILSBILLS OR SHIPPING PROCESS, 109 ENGINEER DR
CAMP MURRAY, WA 98430-1003
UNITED STATES
SMSgt Mathew Todd Email: mathew.todd.5@us.af.mil Telephone: 253-512-2597
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: Review and ensure all services and documentation for accuracy and completion.
DoDAAC: F9X3CF CountryCode: USA
194 CF SC
NO MILSBILLS OR SHIPPING PROCESS, 109 ENGINEER DR
CAMP MURRAY, WA 98430-1003
UNITED STATES
SMSgt Mathew Todd Email: mathew.todd.5@us.af.mil Telephone: 253-512-2597
Deliveries or Performance
From 01 May 2024 to 30 Apr 2025
Contractor Destination
Line Item Delivery Schedule Quantity Address and POC Special Handling/Notes
Partial Delivery Schedule Delivery Period From 01 May 2024 to 30 Apr 2025 12 Months
Period of Performance From 01 May 2024 To 30 Apr 2025
Months
Service Performance Site DoDAAC: F9X3CF CountryCode: USA
194 CF SC
NO MILSBILLS OR SHIPPING PROCESS,
109 ENGINEER DR
CAMP MURRAY, WA 98430-1003
UNITED STATES
SMSgt Mathew Todd Email: mathew.todd.5@us.af.mil Telephone: 253-512-2597
Delivery After Delivery Date 01 Mar
1 Each Place of Performance DoDAAC: F9X3CF CountryCode: USA
194 CF SC
NO MILSBILLS OR SHIPPING PROCESS,
109 ENGINEER DR
CAMP MURRAY, WA 98430-1003
UNITED STATES
SMSgt Mathew Todd Email: mathew.todd.5@us.af.mil Telephone: 253-512-2597
FoB Details Contractor Destination
Option Line Item
Partial Delivery Schedule Delivery Period From 01 May 2025 to 30 Apr 2026 12 Months
Period of Performance From 01 May 2025 To 30 Apr 2026
Months
Service Performance Site DoDAAC: F9X3CF CountryCode: USA
194 CF SC
NO MILSBILLS OR SHIPPING PROCESS,
109 ENGINEER DR
CAMP MURRAY, WA 98430-1003
UNITED STATES
SMSgt Mathew Todd Email: mathew.todd.5@us.af.mil Telephone: 253-512-2597
12 Service Performance Site
Option Line Item
Partial Delivery Schedule Delivery Period From 01 May 2026 to 30 Apr 2027 12 Months
Period of Performance From 01 May 2026 To 30 Apr 2027
Months DoDAAC: F9X3CF CountryCode: USA
194 CF SC
NO MILSBILLS OR SHIPPING PROCESS,
109 ENGINEER DR
CAMP MURRAY, WA 98430-1003
UNITED STATES
SMSgt Mathew Todd Email: mathew.todd.5@us.af.mil Telephone: 253-512-2597
Option Line Item
Partial Delivery Schedule Delivery Period From 01 May 2027 to 30 Apr 2028 12 Months
Period of Performance From 01 May 2027 To 30 Apr 2028
Months
Service Performance Site DoDAAC: F9X3CF CountryCode: USA
194 CF SC
NO MILSBILLS OR SHIPPING PROCESS,
109 ENGINEER DR
CAMP MURRAY, WA 98430-1003
UNITED STATES
SMSgt Mathew Todd Email: mathew.todd.5@us.af.mil Telephone: 253-512-2597
Option Line Item
Partial Delivery Schedule Delivery Period From 01 May 2028 to 30 Apr 2029 12 Months
Period of Performance From 01 May 2028 To 30 Apr 2029
Months
Service Performance Site DoDAAC: F9X3CF CountryCode: USA
194 CF SC
NO MILSBILLS OR SHIPPING PROCESS,
109 ENGINEER DR
CAMP MURRAY, WA 98430-1003
UNITED STATES
SMSgt Mathew Todd Email: mathew.todd.5@us.af.mil Telephone: 253-512-2597
Option Line Item
Partial Delivery Schedule Delivery Period From 01 May 2029 to 31 Oct 2029 6 Months
6 Months Service Performance Site DoDAAC: F9X3CF CountryCode: USA
194 CF SC
NO MILSBILLS OR SHIPPING PROCESS,
109 ENGINEER DR
CAMP MURRAY, WA 98430-1003
UNITED STATES
SMSgt Mathew Todd
Period of Performance From 01 May 2029 To 31 Oct 2029
Email: mathew.todd.5@us.af.mil Telephone: 253-512-2597
Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.201-7000 Contracting Officer's Representative. Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. Jan 2023
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as Electronic invoicing.
authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice WAWF training.
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer WAWF methods of document submission.
Protocol.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports WAWF payment instructions.
in WAWF for this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
Combo 2 in 1
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
Invoice 2 in 1
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in Document routing.
WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC F87700
Issue By DoDAAC W50S9E
Admin DoDAAC W50S9E
Inspect By DoDAAC F9X3CF
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) F9X3CF
Service Acceptor (DoDAAC) F9X3CF
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
194.wg.fal.msc.contracting@us.af.mil
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Special Contract Requirements
Contract Clauses
OMBUDSMAN
AFARS 5152.216-5901 OMBUDSMAN (JUN 2014)
(a) An ombudsman has been appointed to hearand facilitate the resolution of concerns from offerors, potential offerors,and others for this acquisition. The ombudsman is responsible for reviewingcomplaints from the contractors under multiple award task or delivery ordercontracts and ensuring that all the contractors are afforded a fair opportunityto be considered, consistent with the procedures in the contract.
(b) Before consulting with an ombudsman,interested parties must address their concerns, issues, disagreements, and/orrecommendations to the Contracting Officer for resolution. (c) If resolutioncannot be made by the Contracting Officer, concerned parties may contact theCJTSCC Ombudsman at:
National Guard Bureau
Office of the Director of Acquisitions
ATTN:NGB-AQ-O
111 S.George Mason Dr.
Arlington, VA 22204
Email: ng.ncr.ngb-arng.mbx.ngb-task-order-ombudsman@mail.mil
(d) The ombudsman has no authority to render adecision that binds the agency.
(e) Do not contact the ombudsman to requestcopies of the solicitation, contract, delivery order, verify offer due date, orclarify technical requirements. Such inquiries shall be directed to theContracting Officer.
(End of Clause)
FAR Clauses Incorporated by Reference
Number Title Effective Date 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. Jan 2023
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment
252.204-7018 or Services. Jan 2023 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023
252.225-7975 Deviation 2024-O0003 Additional Access to Contractor and Subcontractor Records. (DEVIATION 2024- O0003)
Dec 2023
252.225-7993 Deviation 2024-O0003Prohibition on Providing Funds to the Enemy. (DEVIATION 2024-O0003) Dec 2023 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services. Dec 2023
As prescribed in , insert the following clause:12.301(b)(4)
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS-COMMERCIAL
PRODUCTS AND COMMERCIAL SERVICES (DEC 2023)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (section 743 of Division E, Title (JAN 2017) VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (DEC (Section 1634 of Pub. L. 115-91). 2023)
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section (NOV 2021) 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations .(NOV 2015)
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (31 U.S.C. 3903 and 10 U.S.C. 3801).(MAR 2023)
(6) 52.233-3, Protest After Award (31 U.S.C. 3553).(AUG 1996)
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).(OCT 2004)
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ .]Contracting Officer check as appropriate
52.203-6, Restrictions on Subcontractor Sales to the Government with (41 U.S.C. 4704 and 10 U.S.C. (1) (JUN 2020), Alternate I (NOV 2021)
4655).
52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509)).(2) (NOV 2021)
52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-(3) (JUN 2010)
5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, (4) (NOV 2023) the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Pub. L. 109-282) ( 31 U.S.C. 6101 note).(5) (JUN 2020)
[Reserved].(6)
52.204-14, Service Contract Reporting Requirements (Pub. L. 111-117, section 743 of Div. C).(7) (OCT 2016)
52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Pub. L. 111-117, section 743 of Div. C).(8) (OCT 2016)
52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(9) (JUN 2023)
(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Pub. L. 115-390, title II).(DEC 2023)
(11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(DEC 2023)
(ii) Alternate I of 52.204-30.(DEC 2023)
52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (12)
(31 U.S.C. 6101 note).(NOV 2021)
52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (41 U.S.C. 2313).(13) (OCT 2018)
[Reserved].(14)
52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award ( ) (15 U.S.C. 657a).(15) OCT 2022
52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns ( ) (if the offeror elects to waive the (16) OCT 2022 preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[Reserved](17)
(18)
52.219-6, Notice of Total Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-6.(ii) (MAR 2020)
(19)
52.219-7, Notice of Partial Small Business Set-Aside (15 U.S.C. 644).(i) (NOV 2020)
Alternate I of 52.219-7.(ii) (MAR 2020)
52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)).(20) SEP 2023
(21)
52.219-9, Small Business Subcontracting Plan ( ) (15 U.S.C. 637(d)(4)).(i) SEP 2023
Alternate I of 52.219-9.(ii) (NOV 2016)
Alternate II of 52.219-9.(iii) (NOV 2016)
Alternate III of 52.219-9.(iv) (JUN 2020)
Alternate IV ( ) of 52.219-9.(v) SEP 2023
(22)
52.219-13, Notice of Set-Aside of Orders (15 U.S.C. 644(r)).(i) (MAR 2020)
Alternate I of 52.219-13.(ii) (MAR 2020)
52.219-14, Limitations on Subcontracting ( ) (15 U.S.C. 637s).(23) OCT 2022
52.219-16, Liquidated Damages-Subcontracting Plan (15 U.S.C. 637(d)(4)(F)(i)).(24) (SEP 2021)
52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside ( ) (15 U.S.C. 657f).(25) OCT 2022
(26)
52.219-28, Post Award Small Business Program Rerepresentation ( )(15 U.S.C. 632(a)(2)).(i) SEP 2023
Alternate I of 52.219-28.(ii) (MAR 2020)
52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns ((27) OCT
) (15 U.S.C. 637(m)).2022
52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned (28)
Small Business Program ( ) (15 U.S.C. 637(m)).OCT 2022
52.219-32, Orders Issued Directly Under Small Business Reserves (15 U.S.C. 644(r)).(29) (MAR 2020)
52.219-33, Nonmanufacturer Rule (15U.S.C. 637(a)(17)).(30) (SEP 2021)
52.222-3, Convict Labor (E.O.11755).(31) (JUN 2003)
52.222-19, Child Labor-Cooperation with Authorities and Remedies .(32) (NOV 2023)
52.222-21, Prohibition of Segregated Facilities .(33) (APR 2015)
(34)
52.222-26, Equal Opportunity (E.O.11246).(i) (SEP 2016)
Alternate I of 52.222-26.(ii) (FEB 1999)
(35)
52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(i) (JUN 2020)
Alternate I of 52.222-35.(ii) (JUL 2014)
(36)
52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(i) (JUN 2020)
Alternate I of 52.222-36.(ii) (JUL 2014)
52.222-37, Employment Reports on Veterans ( ) (38 U.S.C. 4212).(37) JUN 2020
52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496).(38) (DEC 2010)
(39)
52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O. 13627).(i) (NOV 2021)
Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(ii) (MAR 2015)
52.222-54, Employment Eligibility Verification (Executive Order 12989). (Not applicable to the acquisition of commercially (40) (MAY 2022) available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
(41)
52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not (i) applicable to the acquisition of commercially available off-the-shelf items.)
Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf (ii) (MAY 2008) items.)
52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).(42)
52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (E.O. 13693).(43) (JUN 2016)
(44)
52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (E.O.s 13423 and 13514).(i) (JUN 2014)
Alternate I of 52.223-13.(ii) (OCT 2015)
(45)
52.223-14, Acquisition of EPEAT®-Registered Televisions (E.O.s 13423 and 13514).(i) (JUN 2014)
Alternate I (Jun2014) of 52.223-14.(ii)
52.223-15, Energy Efficiency in Energy-Consuming Products (42 U.S.C. 8259b).(46) (MAY 2020)
(47)
52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (E.O.s 13423 and 13514).(i) (OCT 2015)
Alternate I of 52.223-16.(ii) (JUN 2014)
52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (E.O. 13513).(48) (JUN 2020)
52.223-20, Aerosols (E.O. 13693).(49) (JUN 2016)
52.223-21, Foams (Jun2016) (E.O. 13693).(50)
(51)
52.224-3 Privacy Training (5 U.S.C. 552 a).(i) (JAN 2017)
Alternate I of 52.224-3.(ii) (JAN 2017)
(52)
52.225-1, Buy American-Supplies (41 U.S.C. chapter 83).(i) (OCT 2022)
Alternate I of 52.225-1.(ii) (OCT 2022)
(53)
52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, (i) (NOV 2023)
19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
Alternate I [Reserved].(ii)
Alternate II of 52.225-3.(iii) ( 2022)DEC
Alternate III of 52.225-3.(iv) (NOV 2023)
Alternate IV (Oct 2022) of 52.225-3.(v)
52.225-5, Trade Agreements (19 U.S.C. 2501, ., 19 U.S.C. 3301 note).(54) (NOV 2023) et seq
52.225-13, Restrictions on Certain Foreign Purchases (E.O.'s, proclamations, and statutes administered by the Office of Foreign (55) (FEB 2021)
Assets Control of the Department of the Treasury).
52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the (56)
National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).(57)
52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).(58)
52.229-12, Tax on Certain Foreign Procurements .(59) (FEB 2021)
52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. (60) (NOV 2021)
3805).
52.232-30, Installment Payments for Commercial Products and Commercial Services (41 U.S.C. 4505, 10 U.S.C. 3805).(61) (NOV 2021)
52.232-33, Payment by Electronic Funds Transfer-System for Award Management (31 U.S.C. 3332).(62) (OCT2018)
52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).(63)
52.232-36, Payment by Third Party (31 U.S.C. 3332).(64) (MAY 2014)
52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).(65) (AUG 1996)
52.242-5, Payments to Small Business Subcontractors (15 U.S.C. 637(d)(13)).(66) (JAN 2017)
(67)
52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631).(i) (NOV 2021)
Alternate I of 52.247-64.(ii) (APR 2003)
Alternate II of 52.247-64.(iii) (NOV 2021)
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[ ]Contracting Officer check as appropriate.
52.222-41, Service Contract Labor Standards (41 U.S.C. chapter67).(1) (AUG 2018)
52.222-42, Statement of Equivalent Rates for Federal Hires (29 U.S.C. 206 and 41 U.S.C. chapter 67).(2) (MAY 2014)
52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (3) (AUG
(29 U.S.C. 206 and 41 U.S.C. chapter 67).2018)
52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.(4)
C. chapter 67).
52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of (5)
Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (6) (MAY 2014)
(41 U.S.C. chapter 67).
52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(7) (JAN 2022)
52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(8) (JAN 2022)
52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).(9)
(d) . The Contractor shall comply with the provisions of this paragraph (d) if this contract was Comptroller General Examination of Record awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down (1) any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (41 U.S.C. 3509).(NOV 2021)
(ii) 52.203-17, Contractor Employee Whistleblower Rights (41 U.S.C. 4712).(NOV 2023)
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by KasperskyLab Covered Entities (DEC (Section 1634 of Pub. L. 115-91). 2023)
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Section (NOV 2021) 889(a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Section 102 of Division R of Pub. L. 117-328).(JUN 2023)
(vii) (A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Pub. L. 115-390, title II).(DEC 2023)
(B) Alternate I of 52.204-30.(DEC 2023)
(viii) 52.219-8, Utilization of Small Business Concerns ( ) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further SEP 2023 subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities .(APR 2015)
(x) 52.222-26, Equal Opportunity (E.O.11246).(SEP 2015)
(xi) 52.222-35, Equal Opportunity for Veterans (38 U.S.C. 4212).(JUN 2020)
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (29 U.S.C. 793).(JUN 2020)
(xiii) 52.222-37, Employment Reports on Veterans (38 U.S.C. 4212).(JUN 2020)
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (E.O. 13496). Flow down required in (DEC 2010) accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (41 U.S.C. chapter 67).(AUG 2018)
(xvi) 52.222-50, Combating Trafficking in Persons (22 U.S.C. chapter 78 and E.O 13627).(A) (NOV 2021)
(B) Alternate I of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).(MAR 2015)
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY (41 U.S.C. chapter 67).2014)
(xix) 52.222-54, Employment Eligibility Verification (E.O. 12989).(MAY 2022)
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 .(JAN 2022)
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (E.O. 13706).(JAN 2022)
(xxii) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).(A)
(B) Alternate I of 52.224-3.(JAN 2017)
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Section 862, as amended, of the (OCT 2016) National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (42 U.S.C. 1792). Flow down required in accordance (JUN 2020) with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow (NOV 2021) down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-8 Option to Extend Services. Nov 1999
As prescribed in , insert a clause substantially the same as the following:17.208(f)
OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within [insert the period of time within which the Contracting Officer may exercise the option].30 days
(End of clause)
52.217-9 Option to Extend the Term of the Contract. Mar 2000
As prescribed in , insert a clause substantially the same as the following:17.208(g)
OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)
The Government may extend the term of this contract by written notice to the Contractor within [insert the period of time within which the (a) 30 Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least days[ ] before the contract expires. The preliminary notice does not commit the 60 60days unless a different number of days is inserted Government to an extension.
If the Government exercises this option, the extended contract shall be considered to include this option clause.(b)
The total duration of this contract, including the exercise of any options under this clause, shall not exceed (months) (years).(c) 5 years, 6 months
(End of clause)
DFARS Clauses Incorporated by Full Text
252.239-7007 Cancellation or Termination of Orders. Sep 2019
As prescribed in 239.7411(a), use the following clause:
CANCELLATION OR TERMINATION OF ORDERS (SEP 2019)
(a) . Definitions
"Actual nonrecoverable costs" means the installed costs of the facilities and equipment, less cost of reusable materials, and less net salvage value.
"Basic cancellation liability" means the actual nonrecoverable cost, which the Government shall reimburse the Contractor at the time services are cancelled.
"Basic termination liability" means the nonrecoverable cost amortized in equal monthly increments throughout the liability period.
"Installed costs" means the actual cost of equipment and materials specifically provided or used, plus the actual cost of installing (including engineering, labor, supervision, transportation, rights-of-way, and any other items which are chargeable to the capital accounts of the Contractor), less any costs the government may have directly reimbursed the Contractor under the Special Construction and Equipment Charges clause of this agreement/contract.
"Net salvage value" means the salvage value less the cost of removal.
(b) If the Government cancels any of the services ordered under this agreement/contract, before the services are made available to the Government, or terminates any of these services after they are made available to the Government, the Government will reimburse the Contractor for the actual nonrecoverable costs the Contractor has reasonably incurred in providing facilities and equipment for which the Contractor has no foreseeable reuse. The Government will not reimburse the Contractor for any actual nonrecoverable costs incurred after notice of award, but prior to execution of the order.
(c) When feasible, the Contractor shall reuse cancelled or terminated facilities or equipment to minimize the charges to the Government.
(d) If at any time the Government requires that telecommunications facilities or equipment be relocated within the Contractor's service area, the Government will have the option of paying the costs of relocating the facilities or equipment in lieu of paying any termination or cancellation charge under this clause. The basic cancellation liability or basic termination liability applicable to the facilities or equipment in their former location shall continue to apply to the facilities and equipment in their new location. Monthly recurring charges shall continue to be paid during the period.
(e) When there is another requirement or foreseeable reuse in place of cancelled or terminated facilities or equipment, no charge shall apply and the basic cancellation liability or basic termination liability shall be appropriately reduced. When feasible, the Contractor shall promptly reuse discontinued channels or facilities, including equipment for which the Government is obligated to pay a minimum service charge.
(f) The amount of the Government's liability upon cancellation or termination of any of the services ordered under this agreement/contract will be determined under applicable tariffs governing cancellation and termination charges which-
(1) Are filed by the Contractor with a governmental regulatory body, as defined in the Rates, Charges, and Services clause of this agreement/contract;
(2) Are in effect on the date of termination; and
(3) Provide specific cancellation or termination charges for the facilities and equipment involved or show how to determine the charges.
(g) The amount of the Government's liability upon cancellation or termination of any of the services ordered under this agreement/contract, which are not subject to a governmental regulatory body, will be determined under a mutually agreed schedule in the communication services authorization (CSA) or other contractual document.
(h) If no applicable tariffs are in effect on the date of cancellation or termination or set forth in the applicable CSA or other contractual document, the Government's liability will be determined under the following settlement procedures-
(1) The Contractor agrees to provide the Contracting Officer, in such reasonable detail as the Contracting Officer may require, inventory schedules covering all items of property or facilities in the Contractor's possession, the cost of which is included in the Basic Cancellation or Termination Liability for which the Contractor has no foreseeable reuse.
(2) The Contractor shall use its best efforts to sell property or facilities when the Contractor has no foreseeable reuse or when the Government has not exercised its option to take title under the Title to Telecommunications Facilities and Equipment clause of this agreement /contract. The Contractor shall apply any proceeds of the sale to reduce any payments by the Government to the Contractor under a cancellation or termination settlement.
(3) The Contractor shall record actual nonrecoverable costs under established accounting procedures prescribed by the cognizant governmental regulatory authority or, if no such procedures have been prescribed, under generally accepted accounting procedures applicable to the provision of telecommunication services for public use.
(4) The net salvage value shall be deducted from the Contractor's installed cost. In determining net salvage value, the Contractor shall consider the foreseeable reuse of the facilities and equipment by the Contractor. The Contractor shall make allowance for the cost of dismantling, removal, reconditioning, and disposal of the facilities and equipment when necessary either for the sale of facilities or their reuse by the Contractor in another location.
(5) Upon termination of services, the Government will reimburse the Contractor for the nonrecoverable cost less such costs amortized to the date services are terminated and establish the liability period as mutually agreed to but not to exceed ten years. In the case of either a cancellation or a termination, the Government's presumed maximum liability will be capped by the unpaid non-recurring charges and the monthly recurring charges set out in the contract/agreement. The presumed maximum liability for monthly recurring charges shall be capped at monthly recurring charges for the minimum service period and any required notice period.
(6) When the basic cancellation liability or basic termination liability established by the CSA or other contractual document is based on estimated costs, the Contractor agrees to settle on the basis of actual cost at the time of cancellation or termination.
(7) The Contractor agrees that, if after settlement but within the termination liability period of the services, should the Contractor make reuse of equipment or facilities which were treated as nonreusable or nonsalvable in the settlement, the Contractor shall reimburse the Government for the value of the equipment or facilities.
(8) The Contractor agrees to exclude-
(i) Any costs which are not included in determining cancellation and termination charges under the Contractor's standard practices or procedures; and
(ii) Charges not ordinarily made by the Contractor for similar facilities or equipment, furnished under similar circumstances.
(i) The Government may, under such terms and conditions as it may prescribe, make partial payments and payments on account against costs incurred by the Contractor in connection with the cancelled or terminated portion of this agreement/contract. The Government may make these payments if the Contracting Officer determines that the total of the payments is within the amount the Contractor is entitled. If the total of the payments is in excess of the amount finally agreed or determined to be due under this clause, the Contractor shall pay the excess to the Government upon demand.
(j) Failure to agree shall be a dispute concerning a question of fact within the meaning of the Disputes clause.
(End of clause)
List of Attachments
Telecommunication Services PWS Camp Murray Dated 21 Dec 2023
Representations, Certification, & Other Statements
DFARS Clauses Incorporated by Reference
Number Title Effective Date 252.203-7005 Representation Relating to Compensation of Former DoD Officials. Sep 2022
252.204-7017 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services-Representation.
May 2021
252.225-7031 Secondary Arab Boycott of Israel . Jun 2005 252.225-7055 Representation Regarding Business Operations with the Maduro Regime. May 2022
252.225-7059 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region- Representation.
Jun 2023
FAR Clauses Incorporated by Full Text
52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment. Nov
As prescribed in , insert the following provision:4.2105(a)
REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT
(NOV 2021)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services- Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
As used in this provision-(a) Definitions.
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain and substantial or essential component
Telecommunications and Video Surveillance Services or Equipment.
.(b) Prohibition Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) (1) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to-
Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such (i) as backhaul, roaming, or interconnection arrangements; or
Cover telecommunications equipment that cannot route or redirect user data traffic or cannot…
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