H92240-14-T-0005_Pool_maintenance.doc
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- Attached to
- Pool/Aquatics facilities Maintenance Federal contract opportunity
- Solicitation number
- V3221914RC22005
- Issued by
- United States Special Operations Command
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Solicitation H92240-14-T-0005 POOL MAINTENANCE SBT 22
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Section SF 1449 - CONTINUATION SHEET
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
Maintenance & monthly Plan for SBT 22
FFP
The contractor shall provide maintenance and a systemic pool maintenance plan for Special Boat Team 22. Performance shall be in accordance with the Performance work statement herein.
FOB: Destination
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AA
| 12 |
| Months |
Maintenance plan and monthly service
The contractor shall provide a systematic monthly maintenance plan in accordance with the Performance Statement of Work herein. The contractor shall provide Bi-Weekly Pool Maintenance in accordance with the Performance Work Statement herein.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AB
| 4 |
| Each |
Replacement Chemical
The contractor shall provide replacement Chemical in accordance with Performance Work Statement herein.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AC
| 4 |
| Each Per Month |
Corrosion Control
The contractor shall provide Corrosion Control in accordance with the Performance Work Statement herein.
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| AMOUNT |
0001AD
| 5 |
| Each |
Repair and corrective Maintenance
The contractor shall provide repair and corrective maintenance in accordance with the Performance Work Statement herein.
NET AMT
PERFORMANCE WORK STATEMENT
Performance Work Statement
Special Boat Team Twenty Two (SBT-22)
Combat Training Tank/ HydroWorx Pool Maintenance
1.0 Overview: Contractor shall provide all tools, materials and labor necessary for bi-weekly maintenance, minor service repairs, and systemic contract reporting for Special Boat Team Twenty Two (SBT-22) aquatics facilities; 670,000 gallon Combat Training Tank, the filtration system(s), the sanitation support equipment, the Hydro Worx physical therapy pool, to include treadmill, (Model 5200), therapy pool enclosure, and support equipment in accordance with the terms and conditions of this Performance Work Statement (PWS). Contractor is responsible for evaluation and assessment of all related service components to develop a Comprehensive Maintenance & Service Plan with clearly definable metrics and deliverables; for Technical POC approval and implementation.
1.1 Definitions:
The Technical Point of Contact (TPOC) for SBT-22 is the Facilities Manager. In his/her absence, the Facilities Assistant will respond.
The Logistics Point of Contact (LPOC) for SBT-22 is the Supply Officer or Deputy Supply Officer.
The hazardous materials and MSDS Point of Contact is the SBT-22 HM Technician. In his/her absence, the assigned military assistant will respond.
2.0 Period of Performance:
Base Year 30 Dec 2013 through 29 Dec 2014.
2.1 Place of Performance:
Special Boat Team Twenty Two (SBT-22)
2603 Lower Gainesville Rd.
Stennis Space Center, MS. 39529-7099
3.0 Task Description:
Contractor shall coordinate all Combat Training Tank/HydroWorx pool maintenance visits with SBT-22’s Technical Point of Contract (TPOC. The Technical POC shall provide concurrence of all minor service authorization prior to repairs being made that exceed any or other services performed according to the contractor developed Maintenance and Service Plan.
The Contractor will develop a detailed Maintenance and Service Plan as a mandatory Technical Exhibit of the bid submission and a detailed cost estimate. As a minimum, the Maintenance and Service Plan must address requirement for the bi-weekly services and inspections; specific monthly services and inspections (prior to the monthly report), and Annual Inspections and Services in respect to the facility and equipment. The Maintenance and Service Plan must address measurable inspection processes, data recording, and deliverables for:
1. Visual Inspections and Maintenance status of the Combat Training Tank, Hydro Worx Spa, and Control House
2. Control House Controller Data readings and differential pressure
3. Measurement and chemical quantities added to the established serviceability baseline for chemicals levels (addressed below)
4. Time and Date service documentations, service results, and recommendations
5. Quality Control Plan, Safety Control and Corrosion Control to ensure Contract Standards are met.
3.1 Conduct minor service and repairs to pumps, valves, circulating, treatment, and filtration systems, as necessary to maintain a safe and leak- free environment that provides regulatory compliant containment of chemical materials.
3.2 Assess the condition of the training tank and therapy pool, related enclosure(s), gas fired heaters, circulating, filtration, chemical treatment system, and ancillary components for proper operation, sustainment, and/or potential repair.
3.3 Provide monthly inspection and detailed reporting for test and evaluation of the Combat Training Tank and the Hydro Worx system control and safety devices.
3.4 Notify the Technical POC when the Training Tank and Therapy Pool require drainage, backwash, refill and/or retreat as well as notification when support repairs to correct sanitation and inconsistencies in chemical limits are required.
3.5 Provide all treatment chemicals and supplies necessary to maintain water quality, testing and cleanliness appropriate for the size, design, and intended use of the training tank and the therapy.
3.6 Provide at least one inspection; reporting status and recommendations concerning the application of pool putty used on the bottom and sides of the training tank to repair existing structural cracks of the pool surface.
3.7 Draw and process any additional water samples required for outside activity testing.
3.8 Ensure the following HydroWorx Therapy Pool chemistry limits are maintained by use of a Taylor Test kit (or suitable equivalent) at least twice weekly:
3.9 Ensure the following chemistry limits for the HydroWorx Therapy Pool are maintained and tested at least once a week:
· Alkalinity: 80-120 PPM E
· Calcium: 200-400 PPM
3.10 Maintain the following chemistry limits for the Combat Training Tank and test at least twice a week:
· Chlorine level: 1.0 to 2.5 PPM
· E Ph level: 7.2 -7.7
· C Total Alkalinity: 110-120 PPM
· D. Water temperature: 74 to 80 °F year round
3.11 Recommend additional safeguards and pool treatment consistent with all local, State and Federal laws and regulations. The Contractor must be knowledgeable in the "Virginia Graeme Baker Pool and Safety Act”, the Mississippi Department of Environmental Quality statutes, and the National Swimming Pool Foundation Certified Pool-Spa Operator Handbook.
3.12 Sustain cleanliness and good housekeeping of the Combat Training Tank and Hydro Worx Therapy Pool, associated systems, equipment building, and enclosures on a continuous basis. Cleanliness and Housekeeping criteria will be observed and recorded by means of a checklist that is prepared during each contractor visit. These checklists will be clearly posted at the Hydro Worx and Mechanical Building and samples or additional copies will be provided in Maintenance and Service Plan). Maintain supplies, equipment and machines clear of traffic lanes, and pump and filter room clean where they might be a hazardous and secure entry at the end of each work period. Dispose of cloths or brushes containing a residue of dirt, oxidizing or other combustible material subject to spontaneous ignition after completing the work, dispose of dirt and debris daily resulting from work under this contract.
3.13 Submit detailed reports upon completion of each bi-weekly and monthly maintenance visit that shall include the following information: date of visit, initialed by command witness, summary of services and actions performed, completion of the cleanliness and housekeeping checklist, documentation of chemical tests, addition of chemicals by type and quantity, discrepancies requiring corrective actions taken, discrepancies reported but not corrected, recommendations.
3.14 Note any other task performed in order to develop material history and cost of operation data to the SBT-22 POCs. This documentation shall include all service, maintenance, cleaning, repair, testing and chemical treatment events and is subject to examination by the Facilities Manager and Medical Department personnel at any time.
3.15 Provide a monthly written summary of all activities to include recorded maintenance and service data to the SBT-22 TPOC within five calendar days of the end of the month.
3.16 In addition to each bi-weekly and monthly maintenance Service/Visit checklist or report, the Contractor shall provide an Maintenance and Service Plan Annual Report, outlining serialized and dated orders for cost and quantity of all chemicals required, invoices formatted and submitted for proper reimbursement, cost proposals for new or replacement equipment and or repair services, updated MSDS sheets for all chemicals retained on site, and a section of analysis for existing maintenance and industry trends at the SBT-22 facility. The contractor must be prepared to attend an annual meeting and answer questions in sufficient detail to ensure a full understanding of the environmental/system factors that affect the Facility.
3.17 Serve as the Aquatics Facility Subject Matter Expert (SME) to the Facilities Manager/Technical Point of Contact on all matters relating to the safety, efficiency, use and care of the aquatics facilities and equipment. This includes advising the TPOC of system lifecycle replacement/failure estimates, energy conservation, and or maintenance options.
The customer has the final authority to approve the contractor service schedule and the contractor provided annual Maintenance Service Plan.
4.0 Contractor Furnished Material
4.1 Hand and Special Tools. Any tools required for the contractor to provide normal levels of service will not be provided by the government.
4.2 Chemical handling, mixing and treatment equipment. Any consumable containers, funnels, measuring cups, or similar items required to support cleaning and chemical treatment will be the contractor’s responsibility to provide.
Note: Contractor will not be authorized or allotted any protected storage space.
4.3 Labeling of any or all items of contractor property required to fulfill Para 4.1 and 4.2 above.
4.4 Evidence of requisite experience. Contractor shall provide credentials, experience and references to service, maintenance, and repair of aquatics facilities of at least 500,000 gallon water capacity or 10,000 square feet of surface area. As a minimum level of competency, the contractor must be certified by/or a graduate of, a recognized Pool Maintenance Training/Governance authority, Quality Control, and must demonstrate relevant Past Performance with facilities like/or equivalent to the size and capacity of the SBT-22 requirements. Service of residential equipment will not be considered as relevant experience as the contractor must clearly demonstrate capability and capacity for this unique requirement.
4.5 Contractor will arrange for order and delivery of all required treatment and cleaning chemicals and ensure that current MSDS sheets are retained on site in a separate binder.
4.6 Contractor will ensure that all invoices are clearly identified with sufficient information to be processed by the SBT-22 Supply Department. This will be included in the list of reports in section 3.14
4.7 Contractor will provide a detailed individual cost breakdown of all labor, materials, and chemicals as a part of the submission proposal to NSWG4 and SBT-22. This will be included in the list of reports in section 3.14
4.8. Contractor will submit an annual summary of all services, procurements and related repairs or events to be delivered no later than seven days after the completion of the POP.
4.9. Contractor will be responsible to meet the facility access and individual background security requirements necessary to perform work and contracted service onboard Stennis Space Center.
5.0 Government Furnished Equipment (GFE):
5.1 Special Boat Team Twenty Two will provide access to equipment to provide maintenance and service to the command Training Tank and the HydroWorx Therapy Tank. The contractor will immediately report to the Facilities Manager any degraded or inoperative equipment that is property of the United States Navy.
6.0 Reimbursement for Pool Chemical
6.1 The Government shall reimburse actuals upon receipt by SBT-22 Technical POC.
The Contractor shall coordinate the purchase, delivery and receipt of all required chemicals in addition to calculating consumption rates, and arranging of the disposal of any required treatment or cleaning chemicals, including:
· Sodium Hypochlorite (bleach) 500 gal/week
· Calcium Hypochlorite 12001b/year
· Muriatic Acid 600gal/year
· Clear Blue Polymer 50 gal/year
· Compressed C02 (cylinder) 48 btl/year
7.0 Hazardous Material Use, Handling, and/or Disposal:
The Contractor shall comply with all Federal, State, and local laws regarding the usage, handling, labeling, accountability and disposal of hazardous materials as required under this contract. SBT-22 technical point of contact for HMHW is Mr. Johnny Finch, 228-813-4000, ext. 13402.
8.0 Classified/unclassified Data:
The Contractor will comply with command requirements regarding Minimum Protection Requirements for Controlled Unclassified Information: security classification guides (OPNAVINST 5513 series) and unclassified limited documents are not authorized for public release and. therefore, cannot be posted on a publicly accessible web server or transmitted over the Internet unless appropriately encrypted.
9.0 Security and Safety Requirements:
Contractor shall follow all directives of the Naval Special Warfare Group Four (NSWG4) and SBT-22 concerning safety, security and professional demeanor.
· Department of the Navy Instruction. 5100.23G, Safety
· Naval Special Warfare Group Four Instruction. 2880.1 Use of Cellular Phones
· SBT-22 Instruction 5510.1 Command Security
10.0 Attire: Contractor and work crew attire will be as neat and clean as practical while performing their duties. The contractor shall require all employees to wear and use any clothing, PPE and footwear appropriate to the nature of this work in order to demonstrate OSHA/NAVOSH compliance. See Paragraph 12.0 for further explanation.
11.0 Interference with Training: The work shall be carried out in such a manner that there is minimal interruption to, or interference with the proper execution of Government business. Pool Service personnel employed, while on the premises shall comply with all building regulations. SBT-22 personnel will not cause unnecessary delays when the aquatic needs service, maintenance, cleaning; however, it is highly recommended that the Maintenance and Service Plan be structured for services in the afternoon to deconflict maintenance operations with training. Close coordination with the Facilities Manager is required.
12.0 Safety: The Contractor shall be OSHA 30 Hour General Industry Safety certified and responsible for instructing his or her employees in OSHA safety measures and existing base safety regulations. The contractor or his or her employees shall wear proper personal protective equipment as outlined in the Material Safety Data Sheet, (MSDS) for all chemicals used. The contractor shall provide appropriate warning signs for slippery floor areas caused by service, maintenance, cleaning operations. Isolate filter from system before chemical cleaning; rinse filter and elements completely before returning to service.
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0001AA |
| Destination |
| Government |
| Destination |
| Government |
| 0001AB |
| Destination |
| Government |
| Destination |
| Government |
| 0001AC |
| Destination |
| Government |
| Destination |
| Government |
| 0001AD |
| Destination |
| Government |
| Destination |
| Government |
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| UIC |
| 0001 |
| N/A |
| N/A |
| N/A |
| N/A |
| 0001AA |
| POP 02-JAN-2014 TO |
01-JAN-2015
| N/A |
| SPECIAL BOAT TEAM TWO TWO |
SUPPLY OFFICER
2603 LOWER GAINSVILLE RD BLDG 2603
STENNIS SPACE CENTER MS 39529
228-813-4000 X13400
V52857
| 0001AB |
| POP 02-JAN-2014 TO |
01-JAN-2015
| N/A |
| (SAME AS PREVIOUS LOCATION) |
V52857
| 0001AC |
| POP 02-JAN-2014 TO |
01-JAN-2015
| N/A |
| (SAME AS PREVIOUS LOCATION) |
V52857
| 0001AD |
| N/A |
| N/A |
| N/A |
| N/A |
CLAUSES INCORPORATED BY REFERENCE
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.204-7 |
| System for Award Management |
| JUL 2013 |
| 52.204-10 |
| Reporting Executive Compensation and First-Tier Subcontract Awards |
| JUL 2013 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| AUG 2013 |
| 52.212-2 |
| Evaluation - Commercial Items |
| JAN 1999 |
| 52.212-4 |
| Contract Terms and Conditions--Commercial Items |
| SEP 2013 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-19 |
| Child Labor -- Cooperation with Authorities and Remedies |
| NOV 2013 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| FEB 1999 |
| 52.222-26 |
| Equal Opportunity |
| MAR 2007 |
| 52.222-35 |
| Equal Opportunity for Veterans |
| SEP 2010 |
| 52.222-36 |
| Affirmative Action For Workers With Disabilities |
| OCT 2010 |
| 52.222-37 |
| Employment Reports on Veterans |
| SEP 2010 |
| 52.222-40 |
| Notification of Employee Rights Under the National Labor Relations Act |
| DEC 2010 |
| 52.222-50 |
| Combating Trafficking in Persons |
| FEB 2009 |
| 52.222-54 |
| Employment Eligibility Verification |
| AUG 2013 |
| 52.223-18 |
| Encouraging Contractor Policies To Ban Text Messaging While Driving |
| AUG 2011 |
| 52.232-18 |
| Availability Of Funds |
| APR 1984 |
| 52.233-3 |
| Protest After Award |
| AUG 1996 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
| 52.249-4 |
| Termination For Convenience Of The Government (Services) (Short Form) |
| APR 1984 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| SEP 2011 |
| 252.203-7005 |
| Representation Relating to Compensation of Former DoD Officials |
| NOV 2011 |
| 252.204-7004 Alt A |
| System for Award Management Alternate A |
| MAY 2013 |
| 252.209-7001 |
| Disclosure of Ownership or Control by the Government of a Terrorist Country |
| JAN 2009 |
| 252.209-7999 (Dev) |
| Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation) |
| JAN 2012 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.247-7023 Alt III |
| Transportation of Supplies by Sea (JUN 2013) Alternate III |
| MAY 2002 |
CLAUSES INCORPORATED BY FULL TEXT
This requirement will be awarded using the procedures under FAR subpart 13.5, Test Program for Certain Commercial Items a simplified/streamlined acquisition process will be used in the evaluation and award of this contract.
"INSTRUCTIONS TO OFFERORS - COMMERCIAL ITEMS"
•1. GENERAL
In order to ensure that all questions submitted by potential quoters are answered prior the solicitation closing date, one consolidated list of questions concerning the solicitation should be submitted via E-mail to the Contract Specialist, Arethalia Whitfield at arethalia.whitfield@navsoc.socom.mil All electronic files and versions of quotes shall be compatible with Adobe Acrobat 9.0 and Microsoft Office Suite version 2007. The quoter shall be responsible for ensuring that their electronic quote via CD ROM is virus free. If the Government finds a discrepancy between the original paper copy of the quote and the electronic copy provided on the CD ROM, the paper copy will take precedence. Quoters shall submit their quotes as specified below.
Naval Special Warfare Group Four
Contracting Department
Attn: Arethalia Whitfield
2220 Schofield Road
Virginia Beach, VA 23459-8838
REQUIREMENTS FOR QUOTE CONTENT
• (1) Quotation Page Limitations: The following page limitations are established
| Title |
| Hardcopy Quote Quantities |
| Page Limit |
| Technical |
| 1 Original, 1 Copy/ Email |
| 10 pages |
| Past Performance |
| 1 Original, 1 Copy/ Email |
| 12 pages |
Each submitted is limited to the maximum number of pages as defined in the table above. The page limitations are inclusive of the executive summary and any charts, diagrams, and/or other graphics. Graphics (including tables) in the quote may use an alternative font with 8 point size type or larger. Each "page" is defined as one sheet, 8 ½ x 11, with a least one inch margins on all sides, using a font with a pint size of 12 or greater (e.g., "Times New Roman" style with 12 point font). Lines shall, at a minimum, be single-spaced. Pages shall be consecutively numbered. Multiple pages, double pages, two-sided pages, or foldouts will count as an equivalent number of 8 ½ x 11 pages. The quoter is permitted to submit no more than one page for each of the following, which will not be included in the page count: a cover sheet, list of tables, list of figures, compliance matrix, and table of contents, tabs and dividers. Pages submitted in excess of the page limitations described above will not be evaluated.
The price submittal is not page limited.
| Title |
| Hardcopy Quote |
Quantities
| Limit |
| Software |
| Price |
| 1 Original, 1 Copy/email |
| No limit |
| Microsoft Excel/ Word, PDF |
The Price Quote is not page limited; however, the Price Quote is to be strictly limited to price information. The price proposal shall be prepared in accordance with the Clin structure.
Page limits represent the maximum pages the Government will evaluate and are not construed as de factor standards for the amount of material expected in the quote.
QUOTE CONTENT
The technical quotation shall consist of two parts: (1) to include Technical and (2) past performance.
1. TECHNICAL - The technical submission shall consist of descriptive information detailing how the quoter will meet the requirements of the performance work statement.
•1 Technical Capability
•2 Past Performance
The quoter shall demonstrate relevant past performance or affirmatively state that it possesses no relevant past performance. Relevant past performance is performance under contracts or efforts within the past five years prior to the solicitation closing date that is the same as or similar to, the scope and magnitude of the work described by this solicitation.
To demonstrate its past performance, the quoter shall identify up to three 3 of its most relevant contracts or efforts within the past five (5) years, and provide any other information the quoter considers relevant to the requirements of the solicitation. Quoters shall provide a detailed explanation demonstrating the relevance of the contracts or effort to the requirements of the solicitation. If subcontractor past performance is provided as part of its three (3) most relevant contracts or efforts, the subcontractor past performance will be given weight relative to the scope and magnitude of the aspects of the work under the solicitation that the subcontractor is proposed to perform. Therefore, the quote shall detail clearly the aspects of the work in the solicitation that the subcontractor is proposed to perform.
The quoter shall complete a "Past Performance Information Form" for each reference submitted. The form is Attachment 1 to the RFQ. The form will count toward the page limit described above. For additional information regarding a particular reference beyond that which will fit on the form, the quoter may continue onto another sheet of paper. Such continuation sheet(s) for submitted references will count toward the page limit.
In addition to the information requested above, quoters shall contact their past performance references and request that each reference complete the attached "Past Performance Report Form", Attachment 2, and e-mail the completed survey form directly to Arethalia Whitfield at arethalia.whitfield@navsoc.socom.mil by the DUE DATE OF THIS SOLICITATION. The government reserves the right to consider past performance report forms received after the due date of the solicitation and to contact references for verification or additional information.
•2. PRICE - The quoter shall submit one original signed copy of the completed Quote addressing each Item number in the solicitation.
Separate Pricing information shall be submitted for item number item as well as a total summary
The quoter shall provide a pricing spread sheet
All price and price supporting information shall be contained in the price submittal. Quoters are responsible for submitting sufficient information to enable the Government to fully evaluate their price quote.
Quoters must be registered in the database to be considered for award. Registration is free and can be completed on-line at www.SAM.gov All quoters shall include price(s), a point of contact, name and phone number, business size, and payment terms. Each response must clearly indicate delivery time frame.
(End of provision)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (SEP 2013)
(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(b) (1) Notwithstanding the requirements of any other clauses of this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b) (1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(iii) 52.222-17, Nondisplacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C .Chapter 67).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
___ Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. Chapter 67).
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. Chapter 67).
(xii) 52.222-54, Employment Eligibility Verification (E.O. 12989) (Jul 2012).
(xiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).
(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xv) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.232-18 AVAILABILITY OF FUNDS (APR 1984)
Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil (End of clause)
52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Federal Acquisition Regulation Supplement (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
SOCOM CLAUSES
5652.204-9003 Disclosure of Unclassified Information (NOV 2007) (IAW SOFARS 5604.403(b))
As prescribed in 5604.403(b), insert the following clause,
(a) On September 21, 2001, the Department of Defense designated Headquarters US Special Operations Command (USSOCOM) a sensitive unit, as defined by Title 10 United States Code (USC) Section 130b (10 USC 130b). In keeping with this designation, unclassified information related to USSOCOM military technology acquisitions managed by USSOCOM or any of its component commands, will be designated Controlled Unclassified Information (CUI). As such, the contractor hereby unequivocally agrees that it shall not release to anyone outside the Contractor’s organization any unclassified information, regardless of medium (e.g., film, tape, document, contractor’s external website, newspaper, magazine, journal, corporate annual report, etc.), pertaining to any part of this contract or any program related to this contract, unless the Contracting Officer has given prior written approval. Furthermore, any release of information which associates USSOCOM, Special Operation Forces (SOF), or any component command with an acquisition program, contractor, or this contract is prohibited unless specifically authorized by USSOCOM.
(b) Request for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The contractor shall submit the request to the Contracting Officer at least 45 days before the propose date for release for approval. No release of any restricted information shall be made without specific written authorization by the Contracting Office.
(c) The Contractor shall include a similar requirement in each subcontract under this contract. Subcontractors shall submit request for authorization to release through the prime contractor to the Contracting Officer.
(d) The Contractor further understands that Title 18 USC Section 701 specifically prohibits the use of the USSOCOM emblem or logo in any medium (e.g., corporate website, marketing brochure, news paper, magazine, etc.) unless authorized in writing by USSOCOM. Forward any request to use the USSOCOM emblem or logo through the Contracting Officer.
5652.201-9002 Authorized Changes Only by Contracting Officer (JAN 2005) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as part of this contract. Except as specified herein, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with Contractor personnel during the performance of this contract shall constitute a change under the Changes clause in Section I. In the event the Contractor effects any change at the direction of any person other the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. The address and telephone number of the Contracting Officer is: FILLIN \* MERGEFORMAT
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