SP4702-24-R-0005 - FPCS OT Pillar.pdf
PDF 6 MB Posted
- Solicitation number
- SP4702-24-R-0005
- Issued by
-
Defense Logistics Agency
About this file
This is a Standard Form 1449 (SF1449) solicitation document for a Fire Protection Control Systems (FPCS) requirement issued by the DLA Contracting Services Office. The solicitation (SP4702-24-R-0005) seeks to establish a single-award IDIQ contract with a maximum value of $40 million over 5 years (one base year plus four option years) with a guaranteed minimum of $7,500 in the base year.
The requirement is a 100% small business set-aside under NAICS 561621 with a size standard of $25.0M. The scope includes FPCS support for DLA Headquarters at Fort Belvoir, VA and four DLA host sites (Richmond VA, New Cumberland PA, Columbus OH, and Tracy CA), with possible expansion to other CONUS locations. Services are divided into five task areas: Program/Project Management, Site Assessments, Operations/Maintenance/Sustainment Support, Restoration/Modifications/Modernization, and OT/IT/Cybersecurity Support. Proposals are due January 24, 2025 at 3:00 PM EST. A site visit is scheduled for December 12, 2024 at 10:00 AM EST at DLA Distribution Center Susquehanna in New Cumberland, PA. Task orders will be firm-fixed price, and award will be made on a best value trade-off basis between non-price and price factors.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| Amendment 0005.pdf | ||
| FPCS PWS.pdf | ||
| PWS Acronym List.pdf | ||
| Site Visit Roster.pdf | ||
| RFP Questions from vendor.xlsx | XLSX spreadsheet | |
| Amendment - 0004_Signed.pdf | ||
| Inventory from Host Site.pdf | ||
| Service Call Work Authorization.pdf | ||
| Attachment 2 - Updated FPCS Pricing Sheet.xlsx | XLSX spreadsheet | |
| Attachment 3 - Updated FPCS Eval Factor 3 Sample TO PWS.pdf | ||
| Purdue Level Information.pptx | PPTX presentation | |
| SP4702-24-R-0005 - FPCS OT Pillar.pdf | ||
| Amendment - 0003.pdf | ||
| Attachment 8 - FPCS IDIQ_QASP.pdf | ||
| Amendment - 0002.pdf | ||
| Amendment - 001.pdf | ||
| Attachment 6 - Key Personnel Resume Template.docx | DOCX document | |
| Attachment 3 - FPCS Eval Factor 3 Sample TO PWS.pdf | ||
| Attachment 1 - FPCS PWS.pdf | ||
| Attachment 4 - Cross Reference.xlsx | XLSX spreadsheet | |
| Attachment 7 - Contractor NDA.docx | DOCX document | |
| Attachment 5 - KTR Experience Questionnaire.xlsx | XLSX spreadsheet | |
| Attachment 2 - FPCS Pricing Sheet.xlsx | XLSX spreadsheet |
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Text version
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 1000181875
1. REQUISITION NUMBER
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER
SP4702-24-R-0005
5. SOLICITATION NUMBER
2024 DEC 05
6. SOLICITATION ISSUE
DATE
Ivan Badillo Vazquez C013827
a. NAME
Phone: 614-692-4028
b. TELEPHONE NUMBER (No Collect calls)
2025 JAN 24
8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY CODE SP4702
DCSO COLUMBUS-DIVISION-1
PO BOX 3990
COLUMBUS OH 43218-3990
USA
10. THIS ACQUISITION IS 100UNRESTRICTED OR SET ASIDE: % FOR:
SMALL BUSINESS
HUBZONE SMALL
BUSINESS
WOMEN-OWNED SMALL BUSINESS
(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
8 (A)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
561621NAICS:
$25.0 MSIZE STANDARD:
11. DELIVERYFOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER
DPAS (15 CFR 700)
13b. RATING
14. METHOD OF SOLICITATION
RFQ IFB RFP
15. DELIVER TO CODE 16. ADMINISTERED BY CODE
17a. CONTRACTOR/ CODE
OFFEROR
FACILITY
CODE
TELEPHONE NO.
18a. PAYMENT WILL BE MADE BY CODE
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
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
See Schedule
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED
29. AWARD OF CONTRACT: REF. OFFER
DATED . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (Type or Print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or Print) 31c. DATE SIGNED
SEE SCHEDULE
7. FOR SOLICITATION
INFORMATION CALL:
SEE SCHEDULE
03:00 PM
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE ADDENDUM
EDWOSB
32a. QUANTITY IN COLUMN 21 HAS BEEN
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:RECEIVED INSPECTED
COMPLETE PARTIAL FINAL
STANDARD FORM 1449 (REV. 2/2012) BACK
36. PAYMENT
PARTIAL FINAL
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
37. CHECK NUMBER
38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER 40. PAID BY
42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE
42b. RECEIVED AT (Location)
Table of Content
Section A – SF 1449
Section B – Continuation of SF 1449 information
Section C – Clauses
Page 9 1. Solicitation Clauses
2. Offeror Representations and Certifications Page 43
Section D – Attachments Page 76
1. FPCS PWS
2. FPCS Pricing Sheet
3. FPCS Evaluation Factor 3 Sample Task Order (TO) PWS
4. Cross Reference
5. KTR Experience Questionnaire
6. Key Personnel Resume Template
7. Contractor NDA
Section E – Instructions and Evaluation Factors to Offerors Page 77
1. Instructions to Offerors Page 77
2. Evaluation Factors for Award Page 85
FIRE PROTECTION CONTROL SYSTEMS (FPCS)
SP4702-24-R-0005
SOURCE SELECTION INFORMATION - SEE FAR 2.11 AND 3.104 Page 3 of 93
1. Instructions to Offerors
2. Evaluation Factors for Award
SECTION B: CONTINUATION OF SF1449
B.1 Introduction
The Contractor shall assure of complete understanding of the requirements set forth in the solicitation and all attached documents. The offeror must submit proposals in accordance with the Section E.1 Instructions to Offerors and E.2 Evaluation Factors for Award.
B.2 Reminder to Contractor
1. Offeror to fill-in Block 17.
2. Offeror to fill-in and sign Block 30.
3. Return signed amendment(s) as applicable.
4. Read the Submission Instruction very carefully and submit complete proposals accordingly.
5. Complete Attachments 2 - Pricing Sheet, 4 - Cross Reference, 5 - Contractor Experience Questionnaire, 6 -
Key Personnel Resume Template and 8 - Key Personnel Resume Template.
6. Make sure to submit all applicable documents by closing date/time
B.3 Point of Contact
Any questions or inquiries in reference to this solicitation must be submitted in writing to the point of contact listed below. Request questions be submitted within 10 calendar days of Solicitation issuance.
• Contract Specialist: Dylan Stone
• Email: dylan.stone@dla.mil
• Phone: 614-692-9448
• Contracting Officer: Iván J. Badillo
• Email: ivan.badillo@dla.mil
• Phone: (614) 692-4028
B.4 Scope of Work
Scope of Work for IDIQ:
This acquisition is intended to support Fire Protection Controls Systems (FPCS) for the DLA Headquarters at Fort Belvoir, VA and four (4) DLA host sites (Defense Supply Center Richmond (DSCR), Richmond, VA; Defense Distribution Center Susquehanna, (DDCS) New Cumberland, PA; Defense Supply Center Columbus (DSCC) Columbus, OH; Defense Distribution Depot San Joaquin (DDJC), Tracy, CA) and may include other tenant locations within the Continental United States (CONUS) (reference Table 2 for DLA Locations, in PWS 5.0, Place of Performance).
The Contractor is expected to have the ability to support all task areas listed below and provide the full range of services defined within the task area.
Tasks are divided into five (5) areas as below. Refer to Indefinite Delivery Indefinite Quantity (IDIQ) Performance Work Statement (PWS) for further details of the requirement.
• Task 1 - Program / Project Management
• Task 2 - Site Assessment(s)
• Task 3 - Operations, Maintenance, and Sustainment Support
• Task 4 - Restoration, Modifications and Modernization
• Task 5 - Support for OT and IT, Cybersecurity, and Radio Frequency and Spectrum Management
FIRE PROTECTION CONTROL SYSTEMS (FPCS)
SP4702-24-R-0005
SOURCE SELECTION INFORMATION - SEE FAR 2.11 AND 3.104 Page 4 of 93 mailto:dylan.stone@dla.mil mailto:dylan.stone@dla.mil mailto:dylan.stone@dla.mil mailto:dylan.stone@dla.mil mailto:dylan.stone@dla.mil mailto:dylan.stone@dla.mil mailto:dylan.stone@dla.mil mailto:dylan.stone@dla.mil
Scope of Work for Task Order:
Each TO will have a detailed PWS outlining the requirements for the site- and site-specific details including but limited to the system type, product brand, current/desired network configuration (DLA Production, Operational Technology (OT), Test Development (T&D), other DLA network or non- networked/air gapped) and other details as required. The TO PWS will align with the requirements and scope of the IDIQ PWS.
B.5 Contract Type
The Government intends to award a single Indefinite Delivery Indefinite Quantity contracts for this acquisition.
However, the Government reserves the right to award one contract or no contracts as a result of this solicitation.
Resulting task orders will be firm-fixed price awards.
Maximum Contract Dollar Value: The total amount of all orders (Task Orders) placed against the IDIQ contract resulting from this solicitation shall not exceed $40 million over a five (5) year contract period.
Guaranteed Minimum: A guaranteed minimum order by the Government during the contract Base Year of $7,500.00 shall apply. A guaranteed minimum order is a minimum amount the Awardee can expect to receive in compensation under the IDIQ contract. If the Government places orders totaling at least $7,500.00 during the Base Year, this guaranteed minimum order would be satisfied. If the Government would not place orders totaling at least $7,500.00 during the Base Year, the Awardee would be able to invoice the Government for the difference between the guaranteed minimum order value and the total value of all Base Year orders. Once the minimum guaranteed amount has been met, the Government is under no obligation to place orders for additional services under this contract.
B.6 Performance Period
The resultant IDIQ(s) will include a 12-month base period and four 12-month option periods. The maximum potential contract ordering period is five (5) years. Task orders will also include a 12-month based period and four 12-month option periods with a maximum of 5 years of period of performance. Period of performance of IDIQ begins at same date as the first Task Order issuance.
B.7 Schedule of Supplies and Services
Below table is for the IDIQ contract CLINs structure only. This is not for pricing proposal submission.
SECTION B – FPCS CLIN STRUCTURE
BASE YEAR
ITEM NO. SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Base Period:
Task Area 1 – Program / Project Management (Firm-Fixed Price)
1.00 UN
0002 Base Period:
Task Area 2 – Site Assessment(s) (Firm-Fixed Price)
1.00 UN
0003 Base Period:
Task Area 3 – Operations, Maintenance and Sustainment Support (Firm-Fixed Price)
1.00 UN
0004 Base Period:
Task Area 4 – Restoration, Modification and Modernization (Firm-Fixed Price)
1.00 UN
FIRE PROTECTION CONTROL SYSTEMS (FPCS)
SP4702-24-R-0005
SOURCE SELECTION INFORMATION - SEE FAR 2.11 AND 3.104 Page 5 of 93
0005 Base Period:
Task Area 5 – Support for OT and IT, Cybersecurity, and Radio Frequency and Spectrum Management (Firm-Fixed Price)
1.00 UN
OPTION YEAR 1
ITEM NO. SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1001 Option Year 1
Task Area 1 – Program / Project Management (Firm-Fixed Price)
1.00 UN
1002 Option Year 1 Task Area 2 – Site Assessment(s) Management Support (Firm-Fixed Price)
1.00 UN
1003 Option Year 1 Task Area 3 – Operations, Maintenance, and Sustainment Support (Firm-Fixed Price)
1.00 UN
1004 Option Year 1 Task Area 4 – Restoration, Modification and Modernization (Firm-Fixed Price)
1.00 UN
1005 Option Year 1 Task Area 5 – Support for OT and IT, Cybersecurity, and Radio Frequency and Spectrum Management (Firm-Fixed Price)
1.00 UN
OPTION YEAR 2
ITEM NO. SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
2001 Option Year 2
Task Area 1 – Program / Project Management (Firm-Fixed Price)
1.00 UN
2002 Option Year 2 Task Area 2 – Site Assessment(s) Management Support (Firm-Fixed Price)
1.00 UN
2003 Option Year 2 Task Area 3 – Operations, Maintenance, and Sustainment Support (Firm-Fixed Price)
1.00 UN
2004 Option Year 2 Task Area 4 – Restoration, Modification and Modernization (Firm-Fixed Price)
1.00 UN
2005 Option Year 2 Task Area 5 – Support for OT and IT, Cybersecurity, and Radio Frequency and Spectrum Management (Firm-Fixed Price)
1.00 UN
OPTION YEAR 3
ITEM NO. SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
3001 Option Year 3
Task Area 1 – Program / Project Management (Firm-Fixed Price)
1.00 UN
FIRE PROTECTION CONTROL SYSTEMS (FPCS)
SOURCE SELECTION INFORMATION - SEE FAR 2.11 AND 3.104 Page 6 of 93
3002 Option Year 3 Task Area 2 – Site Assessment(s) Management Support (Firm-Fixed Price)
1.00 UN
3003 Option Year 3 Task Area 3 – Operations, Maintenance and Sustainment Support (Firm-Fixed Price)
1.00 UN
3004 Option Year 3 Task Area 4 – Restoration, Modification and Modernization (Firm-Fixed Price)
1.00 UN
3005 Option Year 3 Task Area 5 – Support for OT and IT, Cybersecurity, and Radio Frequency and Spectrum Management (Firm-Fixed Price)
1.00 UN
OPTION YEAR 4
ITEM NO. SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
4001 Option Year 4
Task Area 1 – Program / Project Management (Firm-Fixed Price)
1.00 UN
4002 Option Year 4 Task Area 2 – Site Assessment(s) Management Support (Firm-Fixed Price)
1.00 UN
4003 Option Year 4 Task Area 3 – Operations, Maintenance, and Sustainment Support (Firm-Fixed Price)
1.00 UN
4004 Option Year 4 Task Area 4 – Restoration, Modification and Modernization (Firm-Fixed Price)
1.00 UN
4005 Option Year 4 Task Area 5 – Support for OT and IT, Cybersecurity, and Radio Frequency and Spectrum Management (Firm-Fixed Price)
1.00 UN
B.8 Commercial Services
This is a commercial service acquisition in accordance with the regulatory authority of the Federal Acquisition Regulation (FAR) Part 12.
B.9 Source Selection Procedure
Award of this IDIQ contract will be made on a competitive best value basis, using tradeoff source selection procedures between non-price and price. Refer to Section E. Evaluation Factors for Award for further details.
B.10 Performance Based Acquisition
All task orders (TOs) issued against the IDIQ contract(s) will be performance-based acquisitions. The contractor’s performance will be monitored by the COR/COTR and rated each month to determine invoice payment amount.
FIRE PROTECTION CONTROL SYSTEMS (FPCS)
SOURCE SELECTION INFORMATION - SEE FAR 2.11 AND 3.104 Page 7 of 93
B.11 Invoice Instructions
Invoices must be submitted through Wide Area Workflow (WAWF) in accordance with DFARS 252.232- 7003.
Refer to https:\\wawf.eb.mil for additional information.
B.12 Award Without Discussion
The Government intends to award without discussions; therefore, each initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if determined necessary. In accordance with FAR 15.306(c)(2), the Contracting Officer may also limit the number of proposals in the competitive range to the greatest number that will permit an efficient competition among the most highly rated proposals.
B.13 No Award
The Government reserves the right not to make an award if such award is determined contrary to the best interest of the Government.
B.14 Non-disclosure Agreement
All products produced and their associated work papers are to be considered the property of the DLA. Contractor and contractor personnel shall sign a Non-Disclosure Agreement (NDA) prior to commencing work on this requirement. Refer to Attachment 7 – Contractor NDA. Contractor is not required to provide NDA at proposal submission.
Performance of this requirement may require the contractor to access data and information proprietary to the Government agency or of such a nature that its dissemination or use, beyond the scope of actions authorized by the Government in performance of this requirement would result in adverse effects to the interest of the Government or others. The contractor will not divulge, or release data or information developed or obtained in performance of this requirement except to authorized Government personnel or upon written approval of the Contracting Officer. The contractor will not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as required in the performance of this requirement. The limitations above do not apply to data or information which has been made public by the Government. Further, this provision does not preclude the use of any data independently acquired by the contractor without such limitations or prohibit an agreement, at no cost to the Government, between the contractor and the data owner that provides for greater rights to the contractor. Contractor personnel visiting any Government facility in conjunction with a task order shall be subject to the Standards of Conduct applicable to Government employees. Site-specific regulations regarding access to classified or sensitive materials, computer facility access, issue of security badges, etc. will be provided as required.
B.15 Site visit
Site visit for this requirement is scheduled for 12 December 2024 at 10:00 AM EST.
DLA Distribution Center Susquehanna 2001 Mission Dr, New Cumberland, PA 17070
“Personnel will report to DLA Distribution Center Susquehanna, 2001 Mission Drive, New Cumberland, PA 17070 on December 12,2024 at 10:00 AM EST. Any contractor who plans to attend MUST notify the Contracting Specialist, DylanStone via email at dylan.stone@dla.mil and Lori Berard at lori.berard@dla.mil NO LATER THAN (NLT) December 11, 2024. A pre-enrollment in the DBIDS system is required. Please visit the following link (https://dbids-global-enroll.dmdc.mil/preenrollui/ #!/), fill out the form using Lori Berard as a sponsor and send the resulting DBIDS number to Lori Berard NLT December 11, 2024.”
B.16 Common Access Card (CAC) Procedures
Common Access Card (CAC) Procedures may apply to this IDIQ as per DLAM 1000.13.
B.17 Service Contract Report (SCR)
Service Contract Reporting (SCR) apply to this IDIQ. See FAR 52.204-14 (Service Reporting Requirements) and 52.204-15 (Service Reporting Requirements for Indefinite-Delivery Contracts)
FIRE PROTECTION CONTROL SYSTEMS (FPCS)
SOURCE SELECTION INFORMATION - SEE FAR 2.11 AND 3.104 Page 8 of 93
SECTION C: CONTRACT CLAUSES
The following clauses included in full text, if applicable, apply to the IDIQ and all subsequent task orders.
52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services.
As prescribed in 12.301(b)(3), insert the following clause:
CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV
2023)
(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-
(1) Within a reasonable time after the defect was discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act ( 31 U.S.C. 3727).
However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.
(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice.
(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include-
(i) Name and address of the Contractor;
(ii) Invoice date and number;
(iii) Contract number, line item number and, if applicable, the order number;
FIRE PROTECTION CONTROL SYSTEMS (FPCS)
SP4702-24-R-0005
SOURCE SELECTION INFORMATION - SEE FAR 2.11 AND 3.104 Page 9 of 93 https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-12#FAR_12_301 https://www.acquisition.gov/far/part-12#FAR_12_301 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml%3Bjsessionid%3D114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_233_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 https://www.acquisition.gov/far/part-52#FAR_52_202_1 delivered;
(iv) Description, quantity, unit of measure, unit price and extended price of the items
(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;
(vi) Terms of any discount for prompt payment offered;
(vii) Name and address of official to whom payment is to be sent;
(viii) Name, title, and phone number of person to notify in event of defective invoice; and
(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.
(x) Electronic funds transfer (EFT) banking information.
(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.
(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.
(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.
(2) Invoices will be handled in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR Part 1315.
(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.
(i) Payment.-
(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act ( 31 U.S.C.3903) and prompt payment regulations at 5 CFR Part 1315.
(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.
(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.
(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall-
(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the-
(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);
(B) Affected contract number and delivery order number, if applicable;
(C) Affected line item or subline item, if applicable; and
(D) Contractor point of contact.
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Officer.
(ii) Provide a copy of the remittance and supporting documentation to the Contracting
(6) Interest.
(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.
(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.
(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if–
(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;
(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or
(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).
(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.
(v) Amounts shall be due at the earliest of the following dates:
(A) The date fixed under this contract.
(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.
(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on-
(A) The date on which the designated office receives payment from the Contractor;
(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or
(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.
(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.
(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:
(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or
(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.
(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.
(l) Termination for the Government’s convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the
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Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor’s records.
The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.
(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.
(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts;
18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws
Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(t) [Reserved]
(u) Unauthorized Obligations.
(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(i) Any such clause is unenforceable against the Government.
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(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.
(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause) Alternate I (NOV 2021). When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause.
(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.
(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.
(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.
(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]
(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-
(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or
(B) Terminate this contract for cause.
(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.
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(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-
(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or
(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.
(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.
(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.
(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.
(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-
(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.
(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-
(A) Performed by the contractor;
(B) Performed by the subcontractors; or
(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.
(iii) "Materials" means-
(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;
(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;
(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);
(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and
(E) Indirect costs specifically provided for in this clause.
(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.
(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:
(i) Hourly rate.
(A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis.
(B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by
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(C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative.
(D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract.
(E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis.
(1) If no overtime rates are provided in…
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