W15QKN-19-R-1004.pdf
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- Base Operations Support Services Federal contract opportunity
- Solicitation number
- W15QKN-19-R-1004
About this file
This is a solicitation for base operations support services at Fort Hamilton in Brooklyn, New York. The Army Contracting Command - New Jersey is seeking proposals for solid waste management, grounds maintenance, facility maintenance, heating and cooling, wastewater services, and pest management. The period of performance is one month for phase-in followed by a nine month base year and four one-year options. Proposals are due by February 13, 2019 and the award will utilize lowest price technically acceptable procedures with a 100% HUBZone set-aside. The estimated value for the base year is $2.6 million including labor, materials, equipment, and project work. The contractor must submit pricing and past performance information using the templates provided by the specified due dates.
Solicitation Number W15QKN-19-R-1004
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CODE
(Hour)
PAGE(S)
until 02:00 PM local time 13 Feb 2019
A X B
C D
EX
X G F 80 - 84
85 - 90 H 91 - 95
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA FAR (48 CFR) 53.214(c)
1 95
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
W15QKN 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
See block 7 conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
1 - 2 3 - 13
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
15 - 16
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
17 - 78
PART II - CONTRACT CLAUSES
US ARMY CONTRACTING COMMAND
5418 S. SCOTT PLAZA
JOINT BASE MDL NJ 08640
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
11 Jan 2019
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
W15QKN19R1004
Section A - Solicitation/Contract Form
EXECUTIVE SUMMARY
The Army Contracting Command – New Jersey (ACC-NJ), located at Fort Dix, on behalf of the United States Army Garrison (USAG) Fort Hamilton, has a requirement to procure Base Operations Services at Fort Hamilton located in Brooklyn, NY. This service requirement is for performance of solid waste management, grounds maintenance, pavement clearance, facility maintenance, heating & cooling services, wastewater services, and pest management services, and includes, but is not limited to, the activities specified in the attachments.
The Government intends to award a non-commerical Firm Fixed Price type contract with Cost Reimbursable (no fee) line items for Equipment and Project Work. The period of performance shall be a one (1) month phase-in, nine
(9) month base year plus four (4) option years. This acquisition is being offered for competition limited to eligible HUBZones and will utilize NAICS Code 561210 with a size standard of $38.5M.
The Government will make award utilizing the Lowest Price, Technically Acceptable source selection procedures.
The offeror shall complete and submit the Pricing Matrix (Attachment 0004 to the solicitation). Failure to submit a completed Pricing Matrix will result in the offeror being found unacceptable. For more information regarding proposal submission or the source selection evaluation factors, see the Instructions to Offerors and Basis for Award sections of this solicitation.
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Months Phase-In Period
FFP
The Phase-In Period shall be in accordance with PWS Section 3.2.
FOB: Destination
PSC CD: S216
NET AMT
0002 9 Months Base Period - Labor
FFP
Base Period - Provide all Labor in accordance with the PWS.
0003 1 Lot Base Period - Materials, Equipment, ODCs
COST
Base Period - Materials, Equipment, Other Direct Costs. The Contractor will be reimbursed for actual costs incurred at the Not To Exceed Amount in accordance with PWS Section 7.6. Offerors shall propose the ceiling amount of $1,022,040.78, which is hereby established for Cost Reimbursement - No Fee Materials, Equipment, and Other Direct Costs.
ESTIMATED COST
0004 1 Lot Project Work
COST
Base Period - Project Work. The Contractor will be reimbursed for actual costs incurred at the Not to Exceed Amount in accordance with PWS Section 7.6.
Offerors shall propose the ceiling amount of $583,333.33, which is hereby established for Cost Reimbursement - No Fee for Project Work. Project Work includes unscheduled maintenance, repair and services, construction and alterations in accordance PWS Section 2.7.
0005 1 Job Base Period - CMR
FFP
Base Period - Contractor Manpower Reporting in accordance with PWS Section 3.3.
0006 1 Lot Contract Data Requirements List (CDRLs)
FFP
Contract Data Requirement List shall be in accordance with the requirements, quantities and schedule set forth in PWS Section 6. ALL CDRLS WILL BE NOT SEPARATELY PRICED. CDRLs apply to all option years as well as the base period.
1001 12 Months OPTION OY 1 - Labor
FFP
Option Year One - Provide all Labor in accordance with the PWS.
1002 1 Lot OPTION OY 1 - Materials, Equipment, ODCs
COST
Option Year One - Materials, Equipment, Other Direct Costs. The Contractor will be reimbursed for actual costs incurred at the Not To Exceed Amount in accordance with PWS Section 7.6. Offerors shall propose the ceiling amount of $1,273,338.00, which is hereby established for Cost Reimbursement - No Fee Materials, Equipment, and Other Direct Costs for OY 1.
1003 1 Lot OPTION OY 1 - Project Work
COST
Option Year One - Project Work. Contractor will be reimbursed for actual costs incurred at the Not to Exceed Amount in accordance with PWS Section 7.6.
Offerors shall propose the ceiling amount of $721,000.00, which is hereby established for Cost Reimbursement - No Fee for Project Work for OY 1. Project Work includes unscheduled maintenance, repair and services, construction and alterations in accordance with PWS Section 2.7.
1004 1 Job
OPTION OY 1 - CMR
FFP
Option Year One - Contractor Manpower Reporting in accordance with PWS Section 3.3.
2001 12 Months OPTION OY 2 - Labor
FFP
Option Year Two - Provide all Labor in accordance with the PWS.
2002 1 Lot OPTION OY 2 - Materials, Equipment, ODCs
COST
Option Year Two - Materials, Equipment, Other Direct Costs. The Contractor will be reimbursed for actual costs incurred at the Not To Exceed Amount in accordance with PWS Section 7.6. Offerors shall propose the ceiling amount of $1,308,072.69, which is hereby established for Cost Reimbursement - No Fee Materials, Equipment, and Other Direct Costs for OY 2.
2003 1 Lot OPTION OY 2 - Project Work
COST
Option Year Two - Project Work. The Contractor will be reimbursed for actual costs incurred at the Not to Exceed Amount in accordance with PWS Section 7.6.
Offerors shall propose the ceiling amount of $742,630.00, which is hereby established for Cost Reimbursement - No Fee for Project Work for OY 2. Project Work includes unscheduled maintenance, repair and services, construction and alterations in accordance with PWS Section 2.7.
2004 1 Job
OPTION OY 2 - CMR
FFP
Option Year Two - Contractor Manpower Reporting in accordance with PWS Section 3.3.
3001 12 Months OPTION OY 3 - Labor
FFP
Option Year Three - Provide all Labor in accordance with the PWS.12
3002 1 Lot OPTION OY 3 - Materials, Equipment, ODCs
COST
Option Year Three - Materials, Equipment, Other Direct Costs. The Contractor will be reimbursed for actual costs incurred at the Not To Exceed Amount in accordance with PWS Section 7.6. Offerors shall propose the ceiling amount of $1,342,712.29, which is hereby established for Cost Reimbursement - No Fee Materials, Equipment, and Other Direct Costs for OY 3.
3003 1 Lot OPTION OY 3 - Project Work
COST
Option Year Three - Project Work. The Contractor will be reimbursed for actual costs incurred at the Not to Exceed Amount in accordance with PWS Section 7.6.
Offerors shall propose the ceiling amount of $764,908.90, which is hereby established for Cost Reimbursement - No Fee for Project Work for OY 3. Project Work includes unscheduled maintenance, repair and services, construction and alterations in accordance with PWS Section 2.7.
3004 1 Job
OPTION OY 3 - CMR
FFP
Option Year Three - Contractor Manpower Reporting in accordance with PWS Section 3.3.
4001 12 Months OPTION OY 4 - Labor
FFP
Option Year Four - Provide all Labor in accordance with the PWS.
4002 1 Lot OPTION OY 4 - Materials, Equipment, ODCs
COST
Option Year Four - Materials, Equipment, Other Direct Costs. The Contractor will be reimbursed for actual costs incurred at the Not To Exceed Amount in accordance with PWS Section 7.6. Offerors shall propose the ceiling amount of $1,471,219.79, which is hereby established for Cost Reimbursement - No Fee Materials, Equipment, and Other Direct Costs for OY 4.
4003 1 Lot OPTION OY 4 - Project Work
COST
Option Year Four - Project Work. The Contractor will be reimbursed for actual costs incurred at the Not to Exceed Amount in accordance with PWS Section 7.6.
Offerors shall propose the ceiling amount of $787,856.17, which is hereby established for Cost Reimbursement - No Fee for Project Work for OY 4. Project Work includes unscheduled maintenance, repair and services, construction and alterations in accordance with PWS Section 2.7.
4004 1 Lot
OPTION OY 4 - CMR
FFP
Option Year Four - Contractor Manpower Reporting in accordance with PWS Section 3.3.
Section E - Inspection and Acceptance
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 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 0006 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-JAN-2020 TO
31-JAN-2020
N/A USAG FT HAMILTON DPW
VANESSA DUENAS
DIR OF PUBLIC WORKS, US ARMY
GARRISON FT HAMI
ATTN IMHA PWO (VANESSA DUENAS)
129 WAINWRIGHT DR
BROOKLYN NY 11252-6800
718-630-4558
W16JGG
0002 POP 01-FEB-2020 TO
31-OCT-2020
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 01-FEB-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 01-FEB-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 01-FEB-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 N/A N/A N/A N/A
1001 POP 01-NOV-2020 TO
31-OCT-2021
N/A USAG FT HAMILTON DPW
VANESSA DUENAS
DIR OF PUBLIC WORKS, US ARMY
GARRISON FT HAMI
ATTN IMHA PWO (VANESSA DUENAS)
129 WAINWRIGHT DR
BROOKLYN NY 11252-6800
718-630-4558
1002 POP 01-NOV-2020 TO
31-OCT-2021
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 01-NOV-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 01-NOV-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 01-NOV-2021 TO
31-OCT-2022
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 01-NOV-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 01-NOV-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 01-NOV-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 01-NOV-2022 TO
31-OCT-2023
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 01-NOV-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 01-NOV-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 01-NOV-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 01-NOV-2023 TO
31-OCT-2024
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 01-NOV-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 01-NOV-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 01-NOV-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
Section I - Contract Clauses
GENERAL INFORMATION
General Information to Offerors or Quoters
1. Responses must set forth full, accurate and complete information as required by this solicitation (including attachments). “Fill-ins” are provided on Standard Form 33 and other solicitation documents. Examine the entire solicitation carefully. The penalty for making false statements is prescribed in 18 U.S.C. 1001.
2. Responses must be plainly marked with the Solicitation Number and the date and local time set forth for bid opening or receipt of proposals in the solicitation document.
3. Information regarding the timeliness of response is addressed in the provision of the solicitation entitled either “Late Submission, Modification and Withdrawal of Bid” or “Instructions to Offerors – Competitive Acquisitions.”
4. Procurement Information
[ ]This procurement is unrestricted.
[X] This procurement is 100% set-aside for HUBZone Small Businesses. The applicable SIC/NAICS codes are: NAICS Code: 561210 – Facilities Support Services / SIC Code: 8744 – Facilities Support Services.
5. Issuing Office:
U.S. Army Contracting Command – New Jersey ATTN: Mr. Jeffrey Zeichner, Contracting Officer Office Symbol: ACC-NJ-WS 5418 S. Scott Plaza Joint Base McGuire-Dix-Lakehurst (JB MDL), NJ 08640 E-mail: jeffrey.l.zeichner.civ@mail.mil
6. Points of Contact for Information, please include each individual listed below for all inquiries or submissions as required by the solicitation:
Name: Jeffrey Zeichner Title: Contracting Officer E-mail: jeffrey.l.zeichner.civ@mail.mil Phone: 609-562-6575
Name: Katie J. Lyons Title: Contract Specialist E-mail: katie.j.lyons.civ@mail.mil Phone: 609-562-23535
(End of Clause)
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-11 Certification And Disclosure Regarding Payments To
Influence Certain Federal Transactions
SEP 2007
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-16 Preventing Personal Conflicts of Interest DEC 2011 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-22 Alternative Line Item Proposal JAN 2017 52.207-3 Right of First Refusal of Employment MAY 2006 52.209-2 Prohibition on Contracting with Inverted Domestic
Corporations--Representation
NOV 2015
52.209-5 Certification Regarding Responsibility Matters OCT 2015 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-7 Information Regarding Responsibility Matters OCT 2018 52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.210-1 Market Research APR 2011 52.215-1 Alt I Instructions to Offerors--Competitive Acquisition (Jan 2017) -
Alternate I
OCT 1997
52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.215-23 Limitations on Pass-Through Charges OCT 2009 52.216-7 Allowable Cost And Payment AUG 2018 52.216-11 Cost Contract--No Fee APR 1984 52.217-5 Evaluation Of Options JUL 1990 52.219-3 Notice of HUBZone Set-Aside or Sole Source Award NOV 2011 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations On Subcontracting JAN 2017 52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime
Compensation
MAY 2018
52.222-5 Construction Wage Rate Requirements--Secondary Site of the Work
MAY 2014
52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-11 Subcontracts (Labor Standards) MAY 2014 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-23 Notice of Requirement for Affirmative Action to Ensure
Equal Employment Opportunity for Construction
FEB 1999
52.222-24 Preaward On-Site Equal Opportunity Compliance Evaluation FEB 1999 52.222-25 Affirmative Action Compliance APR 1984 52.222-26 Equal Opportunity SEP 2016 52.222-32 Construction Wage Rate Requirements--Price Adjustment
(Actual Method)
AUG 2018
52.222-32 Construction Wage Rate Requirements--Price Adjustment (Actual Method)
AUG 2018
52.222-33 Notice of Requirement for Project labor Agreement MAY 2010 52.222-34 Project Labor Agreement MAY 2010 52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-38 Compliance With Veterans' Employment Reporting
Requirements
FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards AUG 2018 52.222-42 Statement Of Equivalent Rates For Federal Hires MAY 2014 52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option Contracts)
AUG 2018
52.222-50 Combating Trafficking in Persons MAR 2015 52.222-51 Exemption from Application of the Service Contract Labor
Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements
MAY 2014
52.222-53 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements
MAY 2014
52.222-54 Employment Eligibility Verification OCT 2015 52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015 52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017 52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons.
JUN 2016
52.223-12 Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners.
JUN 2016
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts
AUG 2018
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.223-19 Compliance with Environmental Management Systems MAY 2011 52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.225-9 Buy American--Construction Materials MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
AUG 2018
52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-13 Patent Rights--Ownership By The Government DEC 2007 52.227-14 Rights in Data--General MAY 2014 52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.228-8 Liability and Insurance - Leased Motor Vehicles MAY 1999 52.229-3 Federal, State And Local Taxes FEB 2013 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-1 Payments APR 1984 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-20 Limitation Of Cost APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-25 Alt I Prompt Payment (Jan 2017) Alternate I FEB 2002 52.232-29 Terms for Financing of Purchases of Commercial Items FEB 2002 52.232-30 Installment Payments for Commercial Items JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-2 Service Of Protest SEP 2006 52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-2 Differing Site Conditions APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-8 Other Contracts APR 1984 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-10 Operations and Storage Areas APR 1984 52.236-11 Use and Possession Prior to Completion APR 1984 52.236-12 Cleaning Up APR 1984 52.236-13 Accident Prevention NOV 1991 52.236-14 Availability and Use of Utility Services APR 1984 52.237-1 Site Visit APR 1984 52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.237-3 Continuity Of Services JAN 1991 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Items OCT 2018 52.245-1 Government Property JAN 2017 52.245-2 Government Property Installation Operation Services APR 2012 52.245-9 Use And Charges APR 2012 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984 52.246-12 Inspection of Construction AUG 1996 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-14 Excusable Delays APR 1984 52.251-1 Government Supply Sources APR 2012 52.252-3 Alterations in Solicitation APR 1984 52.252-4 Alterations in Contract APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7006 Billing Instructions OCT 2005 252.204-7007 Alternate A, Annual Representations and Certifications JAN 2015 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.213-7000 Notice to Prospective Suppliers on Use of Supplier
Performance Risk System in Past Performance Evaluations
MAR 2018
252.215-7007 Notice of Intent to Resolicit JUN 2012 252.215-7008 Only One Offer OCT 2013 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7031 Secondary Arab Boycott Of Israel JUN 2005 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
SEP 2004
252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7017 Identification and Assertion of Use, Release, or Disclosure
Restrictions
JAN 2011
252.227-7025 Limitations on the Use or Disclosure of Government- Furnished Information Marked with Restrictive Legends
MAY 2013
252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.237-7022 Services at Installations Being Closed MAY 1995 252.237-7024 Notice of Continuation of Essential Contractor Services. OCT 2010 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.242-7004 Material Management And Accounting System MAY 2011 252.242-7005 Contractor Business Systems FEB 2012 252.242-7006 Accounting System Administration FEB 2012 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.244-7001 Contractor Purchasing System Administration MAY 2014
252.245-7000 Government-Furnished Mapping, Charting, and Geodesy Property
APR 2012
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property
APR 2012
252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7000 Material Inspection And Receiving Report MAR 2008 252.246-7004 Safety of Facilities, Infrastructure, and Equipment for
Military Operations
OCT 2010
CLAUSES INCORPORATED BY FULL TEXT
52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR 1985)
(a) The offeror certifies that --
(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to –
(i) Those prices,
(ii) The intention to submit an offer, or
(iii) The methods of factors used to calculate the prices offered:
(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.
(b) Each signature on the offer is considered to be a certification by the signatory that the signatory --
(1) Is the person in the offeror's organization responsible for determining the prices offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; or
(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provison ______________________________________________________ (insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization);
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) above; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies subparagraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.
(End of Provision)
52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (OCT 2018)
(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561210.
(2) The small business size standard is $38,500,000.
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the provision at 52.204-7, System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
( ) Paragraph (d) applies.
( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.
(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.
(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.
(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.
(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)
(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xx) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision with its Alternate II applies.
(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision with its Alternate III applies.
(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225- 5.
(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.
(2) The following representations or certifications are applicable as indicated by the Contracting Officer:
XX (i) 52.204-17, Ownership or Control of Offeror.
XX (ii) 52.204-20, Predecessor of Offeror.
(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.
(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.
(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA- Designated Products (Alternate I only).
(vii) 52.227-6, Royalty Information.
(A) Basic.
(B) Alternate I.
(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The Offeror has completed the annual representations and certifications electronically in SAM accessed through https://www.sam.gov. After reviewing the SAM information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR Clause Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.
(End of provision)
52.204-20 Predecessor of Offeror (JUL 2016)
(a) Definitions. As used in this provision--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity;
or
(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.
Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.
Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.
(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):
Predecessor CAGE code: ____ (or mark “Unknown”).
Predecessor legal name: ____.
(Do not use a “doing business as” name).
52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A
FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that --
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that --
(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)
(a) The Contractor shall make the following notifications in writing:
(1) When the Contractor becomes aware that a change in its ownership has occurred, or is certain to occur, that could result in changes in the valuation of its capitalized assets in the accounting records, the Contractor shall notify the Administrative Contracting Officer (ACO) within 30 days.
(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset valuations or any other cost changes have occurred or are certain to occur as a result of a change in ownership.
(b) The Contractor shall--
(1) Maintain current, accurate, and complete inventory records of assets and their costs;
(2) Provide the ACO or designated representative ready access to the records upon request;
(3) Ensure that all individual and grouped assets, their capitalized values, accumulated depreciation or amortization, and remaining useful lives are identified accurately before and after each of the Contractor's ownership changes; and
(4) Retain and continue to maintain depreciation and amortization schedules based on the asset records maintained before each Contractor ownership change.
The Contractor shall include the substance of this clause in all subcontracts under this contract that meet the applicability requirement of FAR 15.408(k).
(End of clause)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a Firm Fixed Price / Cost Reimbursable (no fee) Hybrid contract resulting from this solicitation.
52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)
(a) Invoicing.
(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.
(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act.
Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.
(3) The designated payment office will make interim payments for contract financing on the 30th day after the designated billing office receives a proper payment request.
In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.
(b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (b)(2) of the clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only--
(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;
(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for--
(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made--
(1) In accordance with the terms and conditions of a subcontract or invoice; and
(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;
(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;
(C) Direct labor;
(D) Direct travel;
(E) Other direct in-house costs; and
(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and
(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.
(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless--
(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and
(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).
(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract…
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