RFP 09R0505.pdf
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- Attached to
- Consulting Services Federal contract opportunity
- Solicitation number
- SP0600-09-R-0505
- Issued by
- Defense Logistics Agency Energy
About this file
The Consulting Services solicitation is attached. Response date has been revised to June 8 2009.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Encore_J A.pdf | ||
| Synopsis.pdf | ||
| Final_Signed_J A.pdf | ||
| Amd 0006.pdf | ||
| 09R0505 Amt 0005.pdf | ||
| 09R0505 Amt 0004.pdf | ||
| 09R0505 Amd 0003.pdf | ||
| 09R0505 Amend 0002.pdf | ||
| 09R0505 Amend 0001.pdf | ||
| STATEMENT OF WORK - consulting services.pdf | ||
| OSP 09R0505.pdf | ||
| Past Performance | — |
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Text version
SP0600-09-R-0505
Consulting Services
PAGE 2 of 2, DD Form 1707, Feb 2002
B. Your offer must be received no later than 3:00 pm Eastern Standard Time on Monday, June 08, 2009.
Facsimile proposals are authorized (See Clause L2.11-1). Note: All facsimile proposals must be faxed to the following number (703) 767-0766. Signed copies of the Offeror Submission Package must be received at DESC within ten (10) days after the solicitation closing date. Do not return the entire solicitation package. Simply complete and return an original and one copy of the Offeror Submission Package data and an original and three copies of the proposal submission. Your prices must be inserted in Clause B34.01 in the Offeror Submission Package. Proposed prices that are unrealistically low may be considered an indication of a lack of understanding of the solicitation requirements.
C. NOTE: DESC-BXB IS THE DESIGNATED OFFICE FOR RECEIPT OF OFFERS. OFFERORS
SHALL clearly mark all envelopes/packages sent in response to this solicitation with the words:
“OFFER UNDER SOLICITATION SP0600-09-R-0505.”
D. Lack of registration in the Central Contractor Registration (CCR) database will make an offeror ineligible for award as described in Clause I1.07.
E. Three awards will be reserved for small businesses and one award will be reserved for a small disadvantaged business. Notwithstanding the possibility of a small business set-aside, the procurement remains unrestricted and large businesses may offer. The NAICS Code is 541618. The point of contact for Small Business Affairs is Lula Manley (703) 767-9465.
F. Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective response to this solicitation are not desired and may be construed as an indication of the offeror’s lack of cost consciousness. Elaborate artwork, expensive paper and bindings, and expensive visual and other presentations are neither necessary nor wanted.
G. Unless you specifically state otherwise, your offer is assumed to accept all terms and conditions of this solicitation. Any exceptions to any part of this solicitation must be specifically identified in a cover letter to your proposal.
H. The Government intends to evaluate proposals and award a contract based on initial proposals without conducting discussions. However, DESC reserves the right to conduct negotiations, if advantageous to the Government (see Clause L2.05-8).
I. Any and all questions must be submitted by Wednesday, May 20, 2009. All questions must be submitted in writing to Mr. Ivan Hargrove, ivan.hargrove@dla.mil
J. Any contract awarded to a contractor who, at the time of award, was suspended, debarred, or ineligible for receipt of a Government contract is voidable at the option of the Government.
K. Care should be taken to mail correspondence relating to this solicitation or resulting contract to the appropriate office as indicated in the applicable clauses.
L. For clarification, explanation, or additional information contact Mr. Ivan Hargrove at (703) 767-9328 or by email at ivan.hargrove@dla.mil
M. The DESC ombudsman is Ms. Gabriella M. Earhardt, Center Senior Procurement Officer.
• Mailing Address: ATTN: DESC-C, 8725 John J. Kingman Road, Suite 4950 Fort Belvoir, VA 22060-6222.
• Phone Number: (703) 767-8505
• Facsimile Number: (703) 767-8506
• Email Address: gabriella.earhardt@dla.mil mailto:ivan.hargrove@dla.mil mailto:ivan.hargrove@dla.mil
Index
Page
SECTION B – SUPPLIES/SERVICES AND PRICE/COST
B34.01 SERVICES TO BE FURNISHED AND PRICES (DESC FEB 1991) 5
SECTION C - DESCRIPTION/SPECIFICATIONS
STATEMENT OF WORK 6
SECTION E - INSPECTION AND ACCEPTANCE
E5.03 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996) 7
SECTION F – DELIVERIES OR PERFORMANCE
F107 STOP-WORK ORDER (AUG 1989) 7
SECTION G - CONTRACT ADMINISTRATION DATA
G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998) 8
G3.01 PAYMENT DUE DATE (DESC OCT 1988) 8
G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE
(DESC FEB 2003) 8
G9.09 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR
REGISTRATION (OCT 2003) 10
G9.09-1 PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR
REGISTRATION (MAY 1999) 11
G40 CONTRACTING OFFICER REPRESENTATIVE 12
G148.07-2 SUBMISSION OF INVOICES FOR PAYMENT (SERVICES) (DESC OCT 2001) 13
SECTION H –
H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS 13
SECTION I - CONTRACT CLAUSES
I1.02 COMPUTER GENERATED FORMS (JAN 1991) 13
I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR
EXECUTIVE ORDERS – COMMERCIAL 14
I1.05 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUES OR
EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS 18
I1.06 REQUESTS FOR EQUITABLE ADJUSTMENT (MAR 1998) 19
I1.07 CENTRAL CONTRACTOR REGISTRATION (ALTERNATE A) (OCT 2003/NOV 2003) 20
I1.09 SUBCONTRACTS FOR COMMERCIAL ITEMS (MAR 2007) 21
I1.22 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997) 22
I1.22-1 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER
ACTIVITY (JAN 1997) 23
I1.24 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (JUN
2003) 23
I2.07 CHANGES - FIXED-PRICE (ALT III) (AUG 1987/APR 1984) 26
I3 EXTRAS (APR 1984) 26
I3.01 PROMPT PAYMENT (OCT 2003) 26
I4 DISCOUNTS FOR PROMPT PAYMENT (FEB 2002) 29
I7 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000) 29
I8.02 ASSIGNMENT OF CLAIMS (ALT I) (JAN 1986/APR 1984) 30
I11.03 DEFAULT (FIXED-PRICE SUPPLY AND SERVICE) (APR 1984) 30
I11.04 BANKRUPTCY (JUL 1995) 31
I12.01 DISPUTES (JUL 2002) 31
I12.03 PROTEST AFTER AWARD (AUG 1996) 32
I15.03 CONVICT LABOR 33
I16.01 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - OVERTIME COMPENSATION
(SEP 2000) 33
I18 PROHIBITION ON PERSONS CONVICTED OF FRAUD OR OTHER DEFENSE-CONTRACT
-RELATED FELONIES (MAR 1999) 34
I18.03 EQUAL OPPORTUNITY (MAR 2007) 35
I20 COVENANT AGAINST CONTINGENT FEES (APR 1984) 36
I27 GRATUITIES (APR 1984) 36
Index Page
I28.16 FEDERAL, STATE, AND LOCAL TAXES (APR 2003) 37
I32 CANCELLATION UNDER MULTIYEAR CONTRACTS ( OCT 1997) 37
I33 INTEREST (JUN 1996) 38
I36 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-PRICE) (MAY 2004) 39
I43.01 LIMITATION OF LIABILITY - SERVICES (FEB 1997) 41
I55 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (MAR 2008) 42
I86 ORDER LIMITATIONS (OCT 1995) 42
I95 AUDIT AND RECORDS -- NEGOTIATION (JUN 1999) 42
I97 SUBCONTRACTOR COST OR PRICING DATA (OCT 1997) 43
I97.02 SUBCONTRACTOR COST OR PRICING DATA – MODIFICATIONS (OCT 1997) 44
I98 PROTECTING THE GOVERNMENT'S INTERESTS WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JAN 2005) 44
I102.04 DRUG-FREE WORKPLACE (MAY 2001) 45
I117 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)
I131 INSURANCE – WORK ON A GOVERNMENT INSTALLATION 46
I132.02 ORDER OF PRECEDENCE - UNIFORM CONTRACT FORMAT (OCT 1997) 46
I171 SMALL BUSINESS SUBCONTRACTING PLAN (APR 2008) 46
I171.01-4 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN OWNED ECONOMIC ENTERPRISES, AND NATIVE HAWIIAN SMALL BUSINESS CONCERNS 52
I171.03 SMALL BUSINESS SUBCONTRACTING PLAN 53
I171.07 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN 54
I181 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES 54
I198 PRICING OF CONTRACT MODIFICATIONS 55
I211 ORDERING (OCT 1995) 55
I225 PAYMENTS (APR 1984) 55
I229 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995) 55
I237 NOTICE TO PARTIAL SMALL BUSINESS SET-ASIDE (JUN 2003) 56
I238.02 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE 56
I245 SMALL DISADVANTAGED BUSINESS PARTICIPATION PROGRAM – DISADVANTAGED
STATUS REPORTING 57
I251 ANTI-KICKBACK PROCEDURES (JUL 1995) 57
I285 SUBCONTRACTING WITH FIRMS THAT ARE OWNED OR CONTROLLED BY THE
GOVERNMENT OF A TERRORIST COUNTRY 58
I340 COMBATING TRAFFICKING IN PERSONS 59
I350 APPLICABLE LAW BY BREACH OF CONTRACT CLAIM 60
I400.01 SUBCONTRACTS (JUN 2007) 60
52.216-22 INDEFINITE QUANTITY 62
52.216-31 TIME-AND-MATERIAL/LABOR HOURS PROPOSAL REQUIREMENTS –
COMMERICAL ITEM ACQUISITION 62
252.227-7015 TECHNICAL DATA – COMMERCIAL ITEMS 62
252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA 63
SECTION J - LIST OF ATTACHMENTS 66
THE DOCUMENT LISTED BELOW IS ATTACHED AND IS HEREBY MADE A PART OF THIS
SOLICITATION
Offeror Submission Package Attachment 1 Statement of Work Attachment 2 Past Performance Survey Attachment 3
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS
OR QUOTERS
K1.01-5 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) 67
K1.01-6 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) 67
K1.01-11 SMALL BUSINESS PROGRAM REPRESENTATIONS (ALT I) (MAY 2004/APR 2002) 68
K1.06 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003) 70
K33.01 AUTHORIZED NEGOTIATORS (DESC APR 2007) 71
K41 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) (MAY 1999) 71
K85 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST
COUNTRY 71
K88 TAXPAYER IDENTIFICATION (OCT 1998) 72
K94 CERTIFICATE REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND
OTHER RESPONSIBILITY MATTERS 73
K96 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS (SEP 2005) 75
K150 WIDE AREA WORKFLOW 75
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERS OR QUOTERS
L1.02 PROPOSAL ACCEPTANCE PERIOD (DESC NOV 1991) 75
L2.01 INSTRUCTIONS TO OFFERORS (RFP) (DESC OCT 1981) 76
L2.05-8 INSTRUCTIONS TO OFFERORS - COMPETITIVE ACQUISITION (ALTERNATE I)
(JAN 2004/OCT 1997) 76
L2.11-1 FACSIMILE BIDS (DESC AUG 1999) 79
L5 SERVICE OF PROTEST (SEP 2006) 79
L7 SOCIOECONOMIC PROPOSAL 80
L74 TYPE OF CONTRACT (APR 1984) 80
L79 SINGLE OR MULTIPLE AWARDS (OCT 1995) 80
L205 COMMERCIAL AND GOVERNMENT ENTITY (CAGE) CODE REPORTING (AUG 1999) 80
L603 EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES (FEB 1993) 80
SECTION M - EVALUATION FACTORS FOR AWARD
M28.07 EVALUATION OF OFFERS (DESC NOV 2002) 81
SECTION B – SUPPLIES/SERVICES AND PRICE/COST
B34.01 SERVICES TO BE FURNISHED AND PRICES (DESC FEB 1991)
The services to be furnished during the period specified herein and the unit prices are as follows:
NOTE: These will be fixed price, indefinite delivery and indefinite quantity awards, with a minimum guarantee of $1,000 per award.
Task orders will be competed among contractors that are awarded contracts resulting from this solicitation. The maximum quantity of services over the five year period the Government will acquire is $15,000,000. The ordering period for each resultant contract will be JULY 1, 2009 through JUNE 30, 2014.
Typical task orders may include the following labor categories:
CLIN PROJECTED LABOR RATES CATEGORIES FOR MANAGEMENT SUPPORT SERVICES TASK
ORDERS
0001 Contractor’s labor rate per hour for Project Manager is $____________.
Note: Estimated number of hours: 100
0002 Contractor’s labor rate per hour for Senior Management Analyst is $____________.
Note: Estimated number of hours: 1,000
0003 Contractor’s labor rate per hour for Management Analyst is $____________.
Note: Estimated number of hours: 1,000
0004 Contractor’s labor rate per hour for Fuel Distribution Analyst is $____________.
Note: Estimated number of hours: 1,000
0005 Contractor’s labor rate per hour for Fuel Facility Analyst is $____________.
Note: Estimated number of hours: 1,000
0006 Contractor shall be reimbursed monthly for any travel in accordance with the Joint Travel Regulations (JTR).
This CLIN will be placed on each individual task order.
CLIN PROJECTED LABOR RATES CATEGORIES FOR ANALYSES/STUDIES SUPPORT TASK ORDERS
1001 Contractor’s labor rate per hour for Project Manager is $____________.
Note: Estimated number of hours: 100
1002 Contractor’s labor rate per hour for Senior Management Analyst is $____________.
Note: Estimated number of hours: 1,000
1003 Contractor’s labor rate per hour for Management Analyst is $____________.
Note: Estimated number of hours: 1,000
1004 Contractor’s labor rate per hour for Fuel Distribution Analyst is $____________.
Note: Estimated number of hours: 1,000
1005 Contractor’s labor rate per hour for Fuel Facility Analyst is $____________.
Note: Estimated number of hours: 1,000
1006 Contractor shall be reimbursed monthly for any travel in accordance with the Joint Travel Regulations (JTR).
This CLIN will be placed on each individual task order.
CLIN PROJECTED LABOR RATES CATEGORIES FOR APPLICATION OF NEW TECHNOLOGY TO
FUELS AND ENERGY TASK ORDERS
2001 Contractor’s labor rate per hour for Project Manager is $____________.
Note: Estimated number of hours: 100
2002 Contractor’s labor rate per hour for Senior Management Analyst is $____________.
Note: Estimated number of hours: 1,000
2003 Contractor’s labor rate per hour for Management Analyst is $____________.
Note: Estimated number of hours: 1,000
2004 Contractor’s labor rate per hour for Fuel Distribution Analyst is $____________.
Note: Estimated number of hours: 1,000
2005 Contractor’s labor rate per hour for Fuel Facility Analyst is $____________.
Note: Estimated number of hours: 1,000
2006 Contractor shall be reimbursed monthly for any travel in accordance with the Joint Travel Regulations (JTR).
This CLIN will be placed on each individual task order.
NOTE: The rates provided above will be used for price evaluation purposes only. Contractors may compete for task orders with different rates as necessary.
(DESC 52.207-9F85)
SECTION C - DESCRIPTION/SPECIFICATIONS
STATEMENT OF WORK
C.1 BACKGROUND
The Defense Energy Support Center’s (DESC) mission is to provide the Department of Defense and other government agencies with comprehensive energy solutions in the most effective and economical manner possible. As the Executive agent for Bulk Petroleum, DESC is responsible for all Bulk Petroleum supply management from source of supply to the point of customer acceptance, with an emphasis on improving wartime effectiveness and peacetime efficiency. DESC also procures commercial grade petroleum products, natural gas, electricity, alternative fuels, coal and missile fuels.
DESC anticipates that advisory and assistance services will be required to assist in the completion of this mission.
C.2 SCOPE OF WORK
It is anticipated that multiple, indefinite-delivery contracts will be awarded, with task orders competed among these contractors. The individual task orders will contain the specific statement of work required for that task. Task orders may be fixed-price, time-and-material, labor-hour, or any combination of these types.
The projected work will consist primarily of management support services, analyses/studies support and application of new technology to fuels and energy. Consulting services may include any aspect of DESC’s current or future mission.
Services from the three categories may be required in any of DESC’s business offices or regional office.
Management support services will usually require contractor personnel to work in DESC provided workspace for the time that the services are required. The individual task orders will specify if work space is provided and the location of the work space. However, at this time the contractor will have to provide workspace, unless otherwise indicated in the individual task orders. The individual task orders will also specify if government furnished equipment such as computers will be provided.
NOTE: Any individual nominated to work under an individual task order must have the ability to pass a background investigation to obtain a government building pass and obtain a Common Access Card (CAC) for access to government computer systems. The government will not reimburse a contractor for individuals that do not meet this requirement.
Contractors using government furnished equipment are subject to the same terms and conditions of use as government employees.
C.3 ORDERING PROCEDURES
Task orders for specific services will be awarded in accordance with procedures outlined in FAR 16.505. Task orders will be competed to the extent practicable, after considering the type of services required and the expertise available among the contractors.
C.4 PERIOD OF PERFORMANCE
The contract period will be from July 1, 2009 through June 30, 2014.
C.5 TRAVEL
Most of the anticipated services will be performed either at DESC or the contractor’s facilities, but some travel to DESC field offices, domestic or overseas, may be required. Specific travel requirements will be identified in each task order.
C.6 GOVERNMENT FURNISHED PROPERTY
Specific property to be provided will be identified in each task order. Generally, for services performed at DESC, a desk and computer will be provided.
SECTION E - INSPECTION AND ACCEPTANCE
E5.03 INSPECTION OF SERVICES - FIXED-PRICE (AUG 1996)
(a) DEFINITION. Services, as used in this clause, include services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable, at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount.
When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.
(FAR 52.246-4)
SECTION F – DELIVERIES OR PERFORMANCE
F107 STOP-WORK ORDER (AUG 1989)
(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the DEFAULT, or the TERMINATION FOR CONVENIENCE OF THE GOVERNMENT, clause of this contract.
(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and
(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage; PROVIDED, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
(FAR 52.242-15)
SECTION G - CONTRACT ADMINISTRATION DATA
G3 INVOICE NUMBERING REQUIREMENTS (DESC AUG 1998)
Each invoice submitted for payment under this contract shall be identified by an individual invoice number. The number shall not be duplicated on subsequent invoices. Duplicate invoice numbers or invoices that do not include numbers may be rejected.
(DESC 52.211-9FH5)
G3.01 PAYMENT DUE DATE (DESC OCT 1988)
When payment due date falls on a Saturday or Sunday, or on a United States Official Federal holiday, payment will be due and payable on the following workday.
(DESC 52.232-9F45)
THIS CLAUSE APPLIES ONLY TO DESC-FUNDED ITEMS FOR DOMESTIC
AND FOREIGN SUPPLIERS WHO CHOOSE TO BE PAID BY THE
CORPORATE TRADE EXCHANGE WHEN THE RECEIVING BANK IS
LOCATED IN THE UNITED STATES.
G9.07 ELECTRONIC TRANSFER OF FUNDS PAYMENTS - CORPORATE TRADE EXCHANGE
(DESC MAR 2003)
(a) The Contractor shall supply the following information to the Contracting Officer no later than 5 days after contract award and before submission of the first request for payment. The bank designated as the receiving bank must be located in the United States and must be capable of receiving Automated Clearing House (ACH) transactions.
NAME OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 29 CHARACTERS)
CITY AND STATE OF RECEIVING BANK: | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 20 CHARACTERS)
AMERICAN BANKERS ASSOCIATION NINE DIGIT IDENTIFIER OF RECEIVING BANK: | | | | | | | |
ACCOUNT TYPE CODE: (Contractor to designate one)
[ ] CHECKING TYPE 22
[ ] SAVINGS TYPE 32
RECIPIENT'S ACCOUNT NUMBER ENCLOSED IN PARENTHESES: | | | | | | | | | | | | | | |
(DO NOT EXCEED 15 CHARACTERS)
RECIPIENT'S NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
STREET ADDRESS: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
CITY AND STATE: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
NOTE: Additional information may be entered in EITHER paragraph (b) OR paragraph (c) below.
Total space available for information entered in (b) OR (c) is 153 characters.
(b) SPECIAL INSTRUCTIONS/OTHER IDENTIFYING DATA:
(DO NOT EXCEED 153 CHARACTERS)
OR
(c) THIRD PARTY INFORMATION: Where payment is to be forwarded from the receiving bank to another financial institution for deposit into Contractor's account, the following information must be supplied by the Contractor: Second Bank Name, City/State and/or Country, Account Number, and Account Name.
(DO NOT EXCEED 153 CHARACTERS)
(d) CONTRACTOR'S DESIGNATED OFFICIAL SUBMITTING ELECTRONIC FUNDS
TRANSFER INFORMATION.
NAME: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TITLE: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
TELEPHONE NUMBER: | | | | | | | | | | | | | | | | | | | | | | | | | |
(DO NOT EXCEED 25 CHARACTERS)
SIGNATURE: ______________________________________________________________________
(e) Any change by the Contractor in designation of the bank account to receive electronic transfer of funds in accordance with this clause must be received by the Contracting Officer no later than 30 days prior to the date the change is to become effective.
(f) The electronic transfer of funds does not constitute an assignment of such funds in any form or fashion.
(g) In the event corporate trade exchange (CTX) payments cannot be processed, the Government retains the option to make payments under this contract by check.
(h) NOTICE TO FOREIGN SUPPLIERS.
(1) Payment may be made through the Federal Reserve Wire Transfer system. The bank designated as the receiving bank must be located in the United States and must be capable of receiving ACH transactions. The appropriate American Bankers Association nine-digit identifier must be supplied in order for payments to be processed through CTX.
(2) If your account is with a foreign bank that has an account with a bank located within the United States, the U.S. bank may be designated as the receiving bank. The recipient's name and account number shall identify the foreign bank, and transfer instructions to supplier's account must be specified in (b) OR (c) above.
(3) The Third Party information supplied in (c) above will be located in the first RMT segment of the CTX payment information sent to the receiving bank.
(i) Notwithstanding any other provision of the contract, the requirements of this clause shall control.
(DESC 52.232-9FJ1)
G9.09 PAYMENT BY ELECTRONIC FUNDS TRANSFER - CENTRAL CONTRACTOR REGISTRATION
(OCT 2003)
(a) METHOD OF PAYMENT.
(1) All payments by the Government under this contract, shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term EFT refers to the funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either—
(i) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the Government to extend the payment due date until such time as the Government can make payment by EFT (but see paragraph (d) of this clause).
(b) CONTRACTOR’S EFT INFORMATION. The Government shall make payment to the Contractor using the EFT information contained in the Central Contractor Registration (CCR) database. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the CCR database.
(c) MECHANISMS FOR EFT PAYMENT. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System.
The rules governing Federal payments through the ACH are contained in 31 CFR Part 210.
(d) SUSPENSION OF PAYMENT. If the Contractor's EFT information in the CCR database is incorrect, then the Government need not make payment to the Contractor under this contract until correct EFT information is entered into the CCR database; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract.
The prompt payment terms of the contract regarding notice of an improper invoice and delays in accrual of interest penalties apply.
(e) LIABILITY FOR UNCOMPLETED OR ERRONEOUS TRANSFERS.
(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for—
(i) Making a correct payment;
(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and—
(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously direct funds; or
(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provisions of paragraph (d) of this clause shall apply.
(f) EFT AND PROMPT PAYMENT. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.
(g) EFT AND ASSIGNMENT OF CLAIMS. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment that the assignee shall register separately in the CCR database and shall by paid by EFT in accordance with the terms of this clause. Notwithstanding any other requirement of this contract, payment to an ultimate recipient other than the Contractor, or a financial institution properly recognized under an assignment of claims pursuant to Subpart 32.8, is not permitted. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.
(h) LIABILITY FOR CHANGE OF EFT INFORMATION BY FINANCIAL AGENT. The Government is not liable for errors resulting from changes to EFT information made by the Contractor’s financial agent.
(i) PAYMENT INFORMATION. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address contained in the CCR database.
(FAR 52.232-33)
G9.09-1 PAYMENT BY ELECTRONIC FUNDS TRANSFER - OTHER THAN CENTRAL CONTRACTOR
REGISTRATION (MAY 1999)
(a) METHOD OF PAYMENT.
(1) All payments by the Government under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term EFT refers to the funds transfer and may also include the payment information transfer.
(2) In the event the Government is unable to release one or more payments by EFT, the Contractor agrees to either-
(i) Accept payment by check or some other mutually agreeable method of payment; or
(ii) Request the Government to extend payment due dates until such time as the Government makes payment by EFT (but see paragraph (d) of this clause).
(b) MANDATORY SUBMISSION OF CONTRACTOR’S EFT INFORMATION.
(1) The Contractor is required to provide the Government with the information required to make contract payment by EFT (see paragraph (j) of this clause). The Contractor shall provide this information directly to the office designated in this contract to receive that information no later than 5 days after award. If not otherwise designated in the contract, the payment office is the designated office for receipt of the Contractor's EFT information. If more than one designated office is named for the contract, the Contractor shall provide a separate notice to each office. In the event that the EFT information changes, the Contractor shall be responsible for providing the updated information to the designated payment office(s).
(2) If the Contractor provides EFT information applicable to multiple contracts, the Contractor shall specifically state the applicability of this EFT information in terms acceptable to the designated office. However, EFT information supplied to a designated office shall be applicable only to contracts that identify that designated office as the office to receive EFT information for that contract.
(c) MECHANISMS FOR EFT PAYMENT. The Government may make payment by EFT through either the Automated Clearing House (ACH) network, subject to the rules of the National Automated Clearing House Association, or the Fedwire Transfer System. The rules governing Federal Payments through the ACH are contained in 31 CFR Part 210.
(d) SUSPENSION OF PAYMENT.
(1) The Government is not required to make any payment until after receipt, by the designated office, of the correct EFT information from the Contractor. Until receipt of the correct EFT information, any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of prompt payment under this contract. The prompt payment terms of the contract regarding notice of any delays in accrual of interest penalties apply.
(2) If the EFT information changes after submission of correct EFT information, the Government shall begin using the changed EFT information no later than the 30 days after its receipt by the designated office to the extent payment is made by EFT. However, the Contractor may request that no further payments be made until the changed EFT information is implemented by the payment office. If such suspension would result in a late payment under the prompt payment terms of this contract, the Contractor’s request for suspension shall extend the due date for payment by the number of days of the suspension.
(e) LIABILITY FOR UNCOMPLETED OR ERRONEOUS TRANSFERS.
(1) If an uncompleted or erroneous transfer occurs because the Government used the Contractor's EFT information incorrectly, the Government remains responsible for--
(i) Making a correct payment;
(ii) Paying any prompt payment penalty due; and
(iii) Recovering any erroneously directed funds.
(2) If an uncompleted or erroneous transfer occurs because the Contractor's EFT information was incorrect or was revised within 30 days of Government release of the EFT payment transaction instruction to the Federal Reserve System, and--
(i) If the funds are no longer under the control of the payment office, the Government is deemed to have made payment and the Contractor is responsible for recovery of any erroneously direct funds; or
(ii) If the funds remain under the control of the payment office, the Government shall not make payment and the provision of paragraph (d) shall apply.
(f) EFT AND PROMPT PAYMENT. A payment shall be deemed to have been made in a timely manner in accordance with the prompt payment terms of this contract if, in the EFT payment transaction instruction released to the Federal Reserve System, the date specified for settlement of the payment is on or before the prompt payment due date, provided the specified payment date is a valid date under the rules of the Federal Reserve System.
(g) EFT AND ASSIGNMENT OF CLAIMS. If the Contractor assigns the proceeds of this contract as provided for in the assignment of claims terms of this contract, the Contractor shall require as a condition of any such assignment, that the assignee shall provide the EFT information required by paragraph (j) of this clause to the designated office, and shall be paid by EFT in accordance with the terms of this clause. In all respects, the requirements of this clause shall apply to the assignee as if it were the Contractor. EFT information that shows the ultimate recipient of the transfer to be other than the Contractor, in the absence of a proper assignment of claims acceptable to the Government, is incorrect EFT information within the meaning of paragraph (d) of this clause.
(h) LIABILITY FOR CHANGE OF EFT INFORMATION BY FINANCIAL AGENT. The Government is not liable for errors resulting from changes to EFT information provided by the Contractor’s financial agent.
(i) PAYMENT INFORMATION. The payment or disbursing office shall forward to the Contractor available payment information that is suitable for transmission as of the date of release of the EFT instruction to the Federal Reserve System. The Government may request the Contractor to designate a desired format and method(s) for delivery of payment information from a list of formats and methods the payment office is capable of executing. However, the Government does not guarantee that any particular format or method of delivery is available at any particular payment office and retains the latitude to use the format and delivery method most convenient to the Government. If the Government makes payment by check in accordance with paragraph (a) of this clause, the Government shall mail the payment information to the remittance address in the contract.
(j) EFT INFORMATION. The Contractor shall provide the following information to the designated office. The Contractor may supply this data for multiple contracts (see paragraph (b) of this clause). The Contractor shall designate a single financial agent per contract capable of receiving and processing the EFT information using the EFT methods described in paragraph (c) of this clause.
(1) The contract number (or other procurement identification number).
(2) The Contractor’s name and remittance address, as stated in the contract(s).
(3) The signature (manual or electric, as appropriate), title, and telephone number of the Contractor official authorized to provide this information.
(4) The name, address, and 9-digit Routing Transit Number of the Contractor’s financial agent.
contract, and account number at the Contractor’s financial agent.
(5) The Contractor’s account number and the type of account (checking, savings, or lockbox).
(6) If applicable, the Fedwire Transfer System telegraphic abbreviation of the Contractor's financial agent.
(7) If applicable, the Contractor shall also provide the name, address, telegraphic abbreviation, and 9-digit Routing Transit Number of the correspondent financial institution receiving the wire transfer payment if the Contractor’s financial agent is not directly on-line to the Fedwire Transfer System and, therefore, not the receiver of the wire transfer payment.
(FAR 52.232-34)
G40 CONTRACTING OFFICER’S REPRESENTATIVE (DEC 1991)
(a) DEFINITION. Contracting officer’s representative means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the Contracting Officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer’s representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR’s authority to act on behalf of the Contracting Officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.
(DFARS 252.201-7000)
G148.07-2 SUBMISSION OF INVOICES FOR PAYMENT (SERVICES) (DESC DEC 2004)
The Contractor shall present invoices, original plus four copies, to the Contracting Officer's Representative (COR) for certification that the invoice is true and correct and all services and supplies required from the Contractor have been provided. All applicable documents, covering all transactions, i.e., shipments, receipts, etc., for the applicable month must be signed and attached. The Contractor shall reference the specific contract number or subnumber for which each charge is being identified. After certification, the COR will forward the original and three copies to the Contracting Officer for reconciliation with the contract. The Contracting Officer will forward the original and three copies for payment to--
DEFENSE FINANCE AND ACCOUNTING SERVICE – COLUMBUS CENTER
ATTN: DFAS-CVDAAD/CO
P O BOX 369016
COLUMBUS OH 43236-9016
(DESC 52.232-9FG1)
SECTION H – SPECIAL CONTRACT REQUIREMENTS
H51.03 INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS (DESC
AUG 1998)
(a) The General Liability Worker's Compensation and Automobile Liability Insurance to be procured and maintained by the Contractor and any subcontractors pursuant to the provisions of the INSURANCE - WORK ON A GOVERNMENT INSTALLATION clause shall provide at least the following minimum coverage:
GENERAL LIABILITY INSURANCE.
Bodily Injury.........................................................................AT LEAST $ 100,000 per person AT LEAST $1,000,000 per accident Property Damage...............................................................AT LEAST $1,000,000 per accident Worker's Compensation..................................................AT LEAST $100,000 except in states with exclusive monopolistic funds which do not permit the writing of workmen's compensation by private carriers (Nevada, North Dakota, Ohio, Oregon, Washington, West Virginia, and Wyoming).
(Longshore and Harbor Workers' Compensation must also be provided when applicable.)
AUTOMOBILE LIABILITY INSURANCE.
Bodily Injury..........................................................................AT LEAST $200,000 per person AT LEAST $500,000 per accident Property Damage..............................................................….AT LEAST $ 20,000 per accident
(b) Prior to the commencement of work hereunder, at the request of the Contracting Officer, the Contractor shall submit the required certificates of insurance to the Contracting Officer.
(DESC 52.228-9F05)
SECTION I - CONTRACT CLAUSES
I1.02 COMPUTER GENERATED FORMS (JAN 1991)
(a) Any data required to be submitted on a Standard or Optional Form prescribed by the Federal Acquisition Regulation (FAR) may be submitted on a computer generated version of the form, PROVIDED there is no change to the name, content, or sequence of the data elements on the form, and provided the form carries the Standard or Optional Form Number and edition date.
(b) Unless prohibited by agency regulations, any data required to be submitted on an agency unique form prescribed by an agency supplement to the FAR may be submitted on a computer generated version of the form PROVIDED there is no change to the name, content, or sequence of the data elements on the form and provided the form carries the agency form number and edition date.
(c) If the Contractor submits a computer generated version of a form that is different from the required form, then the rights and obligations of the parties will be determined based on the content of the required form.
(FAR 52.253-1)
I1.04 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS – COMMERCIAL ITEMS (FEB 2009)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
[ x ] Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer shall check as appropriate.]
[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
[ ] (3) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).
[ x ] (4) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jul 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer.) (15 U.S.C. 657a).
[ ] (5) [RESERVED]
[ ] (6) (i) 52.219-6, Notice of Total Small Business Set-Aside (Jun 2003) (15 U.S.C. 644).
[ ] (ii) Alternate I (Oct 1995) of 52.219-6.
[ ] (iii) Alternate II (Mar 2004) of 52.219-6.
[ ] (7) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Jun 2003) (15 U.S.C. 644).
[ ] (ii) Alternate I (Oct 1995) of 52.219-7.
[ ] (iii) Alternate II (Mar 2004) of 52.219-7.
[ ] (8) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).
[ x ] (9) (i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (Oct 2001) of 52.219-9.
[ ] (iii) Alternate II (Oct 2001) of 52.219-9.
[ ] (10) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).
[ x ](11) 52.219-16, Liquidated Damages – Subcontracting Plan (Jan 1999) ( 15 U.S.C.
637(d)(4)(F)(i)).
[ ] (12) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
[ ] (ii) Alternate I (Jun 2003) of 52.219-23.
[ x ] (13) 52.219-25, Small Disadvantaged Business Participation Program – Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[ ] (14) 52.219-26, Small Disadvantaged Business Participation Program – Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
[ ] (15) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004).
[ ] (16) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C.
632(a)(2)).
[ x ] (17) 52.222-3, Convict Labor (Jun 2003) (E.O. 11755).
[ ] (18) 52.222-19, Child Labor – Cooperation with Authorities and Remedies (Feb 2008) (E.O.
13126).
[ ] (19) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
[ x ] (20) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
[ ] (21) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).
[ x ] (22) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).
[ ] (23) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Sep 2006) (38 U.S.C. 4212).
[ ] (24) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201).
[ ] (25) (i) 52.222-54, Employment Eligibility Verification (Jan 2009) (Executive Order 12989).
(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
[ ] (ii) Alternate I (Aug 2007) of 52.222-50.
[ ] (26) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (27) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.
8259b).
[ ] (28) 52.223-16, IEEE 1680 Standard for the Government Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).
[ ] (ii) Alternate I (Dec 2007) of 52.223-16.
[ ] (29) 52.225-1, Buy American Act – Supplies (Feb 2009) (41 U.S.C. 10a-10d).
[ ] (30) (i) 52.225-3, Buy American Act – Free Trade Agreements – Israeli Trade Act (Feb 2009) (41 U.S.C 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, and 109-53).
[ ] (ii) Alternate I (Jan 2004) of 52.225-3.
[ ] (iii) Alternate II (Jan 2004) of 52.225-3.
[ ] (31) 52.225-5, Trade Agreements (Aug 2007) (19 U.S.C 2501, et seq., 19 U.S.C. 3301 note).
[ ] (32) 52.225-13, Restriction on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (33) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[ ] (34) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[ ] (35) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.
255(f), 10 U.S.C. 2307(f)).
[ ] (36) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).
[ x ] (37) 52.232-33, Payment by Electronic Funds Transfer – Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).
[ x ] (38) 52.232-34, Payment by Electronic Funds Transfer – Other Than Central Contractor Registration (May 1999) (31 U.S.C. 3332).
[ ] (39) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).
[ ] (40) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[ ] (41) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
[ ] (ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
[Contracting Officer shall check as appropriate.]
[ ] (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
[ ] (2)…
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