B08_Attachment 0015_RFP W52P1J20R0087_AMC E2E Process Mapping.pdf
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- AMC E2E Process Mapping
- Solicitation number
- W52P1J20R0087
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This is a combined synopsis and solicitation for commercial items issued by the U.S. Army Contracting Command, Rock Island on behalf of the Army Materiel Command. It seeks proposals for a five-year indefinite delivery indefinite quantity firm fixed price contract to provide process mapping services to improve Army logistics operations. The contract includes five ordering periods of twelve months each.
The guaranteed minimum involves process improvement documentation for the Communications-Electronics Command LCMC. Pricing is to be submitted using the pricing matrix by August 21, 2020. Oral presentations will be held the week of August 24, 2020 at ACC-RI or via video teleconference if necessary. The evaluation will use a two-step best value tradeoff process to select the successful offeror based on technical approach, program management approach, and price. The NAICS code is 541614 and the small business set-aside applies. Proposals are due by July 24, 2020 with a 120-day validity period.
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
Offeror To Complete Block 12, 17, 23, 24, & 30
1. Requisition Number Page Of
2. Contract No. 3. Award/Effective Date 4. Order Number 5. Solicitation Number 6. Solicitation Issue Date
7. For Solicitation Information Call:
A. Name B. Telephone Number (No Collect Calls) 8. Offer Due Date/Local Time
9. Issued By Code 10. This Acquisition is Unrestricted OR Set Aside: % For:
Small Business Women-Owned Small Business (WOSB) Eligible Under the Women-Owned Small Business Program
Hubzone Small Business EDWOSB
Service-Disabled Veteran-Owned Small Business NAICS:
Email: 8(A) Size Standard:
11. Delivery For FOB Destination Unless Block Is Marked
12. Discount Terms 13a. This Contract Is A Rated Order Under DPAS (15 CFR 700) 13b. Rating
See Schedule 14. Method Of Solicitation RFQ IFB RFP
15. Deliver To Code 16. Administered By Code
Telephone No.
17a. Contractor/Offeror Code Facility 18a. Payment Will Be Made By Code
Telephone No.
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 See Addendum
19.
Item No.
20.
Schedule Of Supplies/Services
21.
Quantity
22.
Unit
23.
Unit Price
24.
Amount
(Use Reverse and/or Attach Additional Sheets As Necessary)
25. Accounting And Appropriation Data 26. Total Award Amount (For 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 _________ 29. Award Of Contract: Ref. Offer 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.
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
Authorized For Local Reproduction Previous Edition Is Not Usable
Standard Form 1449 (Rev. 2/2012) Prescribed By GSA-FAR (48 CFR) 53.212
W52P1J-20-R-0087
ASHLEY N. HIXSON (309)782-0733
ASHLEY.N.HIXSON.CIV@MAIL.MIL
W52P1J
ARMY CONTRACTING COMMAND - RI
ROCK ISLAND, IL 61299-8000
BLDGS 60 & 62
X
X 100
541614
X
X DOA6
X
SEE SCHEDULE
SEE SCHEDULE
X X
X 1
1 46
19.
Item No.
20.
Schedule Of Supplies/Services
21.
Quantity
22.
Unit
23.
Unit Price
24.
Amount
32a. Quantity In Column 21 Has Been
Received Inspected Accepted, And Conforms To The Contract, Except As Noted: _________________________________________________
32b. Signature Of Authorized Government Representative 32c. Date 32d. Printed Name and Title of Authorized Government Representative
32e. Mailing Address 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 36. Payment 37. Check Number Correct For Partial Final Complete Partial Final
38. S/R Account No. 39. S/R Voucher Number 40. Paid By
41a. I Certify This Account Is Correct And Proper For Payment 42a. Received By (Print) 41b. Signature And Title Of Certifying Officer 41c. Date 42b. Received At (Location)
42c. Date Rec’d (YY/MM/DD) 42d. Total Containers
Standard Form 1449 (Rev. 2/2012) Back
CONTINUATION SHEET
Reference No. of Document Being Continued Page of
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
SUPPLEMENTAL INFORMATION
Buyer Name: ASHLEY N. HIXSON
Buyer Office Symbol/Telephone Number: CCRI-AC/(309)782-0733
Type of Contract 1: Firm Fixed Price
Kind of Contract: Service Contracts
*** End of Narrative A0000 ***
THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH THE FORMAT IN SUBPART 12.6, AS SUPPLEMENTED
WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE. THIS ANNOUCEMENT CONSTITUTES THE ONLY SOLICITATION; PROPSOALS ARE BEING REQUESTED.
1. The Army Material Command (AMC) has recently completed a full operational assessment of all AMC Life Cycle Management Commands (LCMC) and Depots/Arsenals to evaluate the readiness and efficiency of the depot operations. This effort also assessed key LCMC activities that impact Organic Industrial Base (OIB) performance. Through the operational assessment effort, AMC has identified numerous improvement opportunities that in total would transform OIB operational performance to better support of Army logistics. This involves improving processes, practices, behaviors, metrics, use of systems, employment of advanced technologies, operating models, strategies, coordination, reporting, culture, and management of human capital. The transformation involves shop floor operational improvements at the depots and arsenal themselves, improved processes and capabilities at the LCMCs, and better coordination, oversight, and support between the installations, LCMCs, and AMC. For results of these assessments please refer to Attachment 0002_AMC OBI Assessment Result.
Additionally, upon award the awardee will also be provided with additional information and access as needed to complete the scope of work required.
2. The U.S. Army Contracting Command, Rock Island (ACC-RI) on behalf of AMC is issuing this Request for Proposal (RFP), solicitation
W52P1J20R0087, and supporting documentation for the AMC requirement. This solicitation is conducted under FAR Part 12.6 and FAR Part 15.
3. This requirement will be competed on Beta.SAM as a 100% Small Business Set-Aside. The RFP will result in a five (5) year Indefinite
Delivery Indefinite Quantity (IDIQ) Firm Fixed Price Contract with five Ordering Periods (OP) each OP is a twelve (12) month Period of
Performance (PoP).
4. The Umbrella Performance Work Statement (PWS), Attachment 0001, gives an overall description of the services the Government may need throughout this effort's entirety. Each task order awarded will have a specific PWS that fits within the Umbrella PWS. A RFP will be requested for each task order, in order to determine the amount of hours for each labor category necessary to complete the specific requirement. Each task order is a stand-alone action as it obligates the Government.
5. The guaranteed minimum is for CECOM LCMC Enterprise Process Improvement Documentation. The Period of Performance (PoP) for this task order will be for a period of twelve (12) months from the date of award and the Government intends on awarding the contract and the guaranteed minimum simultaneously.
Pricing for the guaranteed minimum is to be included and submitted with the pricing proposal for this RFP using Attachment 0010_Pricing
Matrix, specifically tab three entitled "CECOM - Guaranteed Minimum".
The Statment Of Objectives (SOO) for the guaranteed minimum is found at Attachment 0014_CECOM LCMC TO SOO.
6. The North American Industry Classification system (NAICS) code is 541614, Process, Physical Distribution, and Logistics
Consulting Services. The Product Service Code (PSC) is R499, Other Professional Services.
7. All Offerors MUST be registered in the System for Award Management SAM database in accordance with FAR 52.204-7 and DFARS
252.204-7004. Lack of registration in SAM will make an Offeror ineligible for award. The SAM website can be accessed at https://www.sam.gov
8. The Pricing Matrix, Attachment 0010_Pricing Matrix, should be used and see Attachment 0012_Instructions to Offerors. All labor categories must be completed for all ordering periods. The labor rates submitted for each ordering period will be used throughout the life of the contract. All rates will be binding. Request that each labor category be defined in a section within the labor category document submitted with the proposal. As referenced in Para. 5 - Guaranteed Minimum - use Attachment 0010_Pricing Matrix, tab 3 entitled
"CECOM - Guaranteed Minimum" to provide a separate pricing proposal to perform to the SOO found at Attachment 0014_CECOM LCMC TO SOO.
9. The Source Selection Process is a two-step process consisting of two phases. Phase One will include Section 1: Technical
Experience/Past Performance of the proposal, which will be evaluated on an acceptable/unacceptable basis as outlined in Attachments in the Instruction to Offerors (Attachment 0012) and the Basis of Award (Attachment 0013). As part of the Past Performance submission the
Offeror shall complete Attachment 0011_Past Performance Questionnaire. Only the Offerors who have the required technical experience, with proven past performance, will be deemed acceptable and will move onto Phase Two. Phase Two will consist of the evaluation of Section 2 - Oral Presentations, and Section 3 - Price of the proposal.
2 46
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
Phase Two will follow the Best Value Tradeoff process in accordance with FAR Part 15.101-1 to select the successful offeror. The following are the evaluation factors:
1. Technical Approach
2. Program Management Approach
3. Price
Technical Approach and Program Management Approach are of equal importance and significantly more important that Price. Under a best value analysis, the Government reserves the right to make an award to other than the offeror who submits the lowest overall evaluated price.
See Attachment 0012_Instructions to Offerors for the RFP content and submission requirements. See Attachment 0013_Basis of Award for information on proposal evaluation and the basis of award.
10. The written Technical Experience and Past Performance, as well as
Clause 52.212-3 incorporated in this solicitation, is to be submitted by
4:30pm CST on July 24, 2020.
11. All questions regarding the Technical Experience and certification portion shall be submitted electronically to Mrs. Ashley Hixson at ashley.n.hixson.civ@mail.mil, and Mrs. Kathleen M. Ward at kathleen.m.ward20.civ@mail.mil no later than 12:00 p.m. on July 20, 2020.
The Government is not obligated to provide responses to questions submitted by offerors, but will consider them and incorporate changes into the RFP as deemed necessary.
12. If the Offeror's Technical Experience and Past Performance is found to be acceptable the following dates apply:
a. Pricing quotes are to be submitted electronically by 12:00pm CST on August 21, 2020, along with PowerPoint slides to cover both the
Technical Approach Criteria and Program Management as outlined in Attachment 0012_Instructions to Offerors and Attachment 0013_Basis of
Award.
b. The Government intends to hold Oral Presentations during the week ending August 24, 2020. The oral presentations will be presented at Army Contracting Command Rock Island, IL. Video teleconference (VTC) may be authorized as a last resort and only if necessary. The oral presentations will NOT be videotaped or otherwise electronically recorded.
c. Oral Presentation shall not exceed two hours for both the Technical Approach and Program Management Plan, and the Government reserves the right to lower the oral presentation timeframe further in the interest of scheduling, should there be an unexpectedly large number of proposals.
Offerors will be contacted to set up the date and time.
Please note, if the Offeror's Technical Experience is found to be unacceptable, the Offeror will not advance to Oral Presentations.
13. Offerors will be notified within two days of its Technical Experience submittal if they will be advancing to Oral Presentations.
Oral Presentations are expected to be held during the week of August 24-August 28, 2020. Offerors will be contacted to set up the date and time.
14. The Offeror's quote shall be valid for 120 days after the closing date.
15. The Government will establish a COST CLIN with a predetermined amount for estimated travel. The offeror should NOT provide an estimated quote for travel costs.
16. Travel will be required under the resulting contract in accordance with the Performance Work Statement in Attachment 0001. The contractor will be reimbursed by the government for travel and per diem expenses incurred by contractor personnel for travel specifically authorized and approved by the government In Accordance With (IAW) the limitations set forth in FAR 31.205-46. Conditions and limitations applying to travel associated with work under this contract follow:
a. Government reimbursements for claimed travel costs, including per diem, will be made IAW the Federal Travel Regulations (FTR), as amended, issued by the General Services Administration (GSA) and maintained on its website, http://www.gsa.gov/ .
b. Travel costs for transportation, lodging, per diem or subsistence and other related expenses shall not be burdened by any profit or indirect costs.
c. Funding will be provided on a, no fee, reimbursable not to exceed basis. The Government will provide not-to exceed CLIN(s) at time of award in an amount established as an estimate of the total cost for the purpose of obligating funds.
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Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
17. Proposals shall be submitted electronically to Mrs. Ashley Hixison at ashley.n.hixson.civ@mail.mil, and Mrs. Kathleen M. Ward at kathleen.m.ward20.civ@mail.mil. Please place the RFP number W52P1J-20-R-0087 in the subject line of the email. All parts of the proposal must be received in its entirety to be considered for award. All proposals received after the time and date listed below will be considered late and may not be considered for award.
18. In the event of a discrepancy between any statements in Narrative A and another section of the RFP exists, the other sections take precedence.
19. Organizational conflict of interest means a situation in which:
a. A Government contract requires a contractor to exercise judgment to assist the Government in a matter (such as in drafting specifications or assessing another contractor's proposal or performance) and the contractor or its affiliates have financial or other interests at stake in the matter, so that a reasonable person might have concern that when performing work under the contract, the contractor may be improperly influenced by its own interests rather than the best interests of the Government; or
b. A contractor could have an unfair competitive advantage in an acquisition as a result of having performed work on a Government contract, under circumstances such as those described in paragraph (1) of this definition that put the contractor in a position to influence the acquisition. (3) If the Contractor identifies an OCI, the Contractor shall make a prompt and full disclosure in writing to the Procuring Contracting Officer (PCO). OCI that arise during performance of the contract, as well as newly discovered conflicts that existed before contract award, shall be disclosed.
20. In accordance with FAR 52.212-1(g) the Government intends to evaluate offer's and award a contract without discussions with offerors. Therefore, the offeror's initial offer should contain the offerors best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.
21. Prior to award this RFP should not be discussed with any individual representing the U.S. Government, in any capacity, except the
Contracting Officer, Mrs. Kathleen M. Ward at kathleen.m.ward20.civ@mail.mil, and the Contract Specialist, Mrs.
Ashley Hixson at ashley.n.hixson.civ@mail.mil. Please reference the RFP number, W52P1J-20-R-0087, in the subject line all correspondence pertaining to this RFP.
ATTACHMENTS
Title Date Pages
Attachment 0001_PWS 29JUN2020 14
Attachment 0002_AMC OBI Assessment Result 30JUN2020 3
Attachment 0003_CDRL_A001 2020APR20 3
Attachment 0004_CDRL_C001 2020APR20 3
Attachment 0005_CDRL_C002 2020APR20 3
Attachment 0006_CDRL_C003 2020APR20 3
Attachment 0007_CDRL_C004 2020APR20 3
Attachment 0008_CDRL_D001 2020APR20 3
Attachment 0009_CDRL_D002 2020APR20 3
Attachment 0010_Pricing Matrix 15MAY2020 1
Attachment 0011_Past Performance Questionnaire 24JUN2020 1
Attachment 0012_Instuction to Offerors 26JUN2020 6
Attachment 0013_Basis of Award 26JUN2020 6
Attachment 0014_CECOM LCMC TO SOO 29MAY2020 2
*** END OF NARRATIVE A0001 ***
4 46
PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
SUPPLIES OR SERVICES AND PRICES/COSTS
0001 LABOR 1 LO $ _____ __________________
SERVICE REQUESTED: LABOR
CLIN CONTRACT TYPE:
Firm Fixed Price
Inspection and Acceptance _________________________
INSPECTION: Origin ACCEPTANCE: Origin
DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________
001 1 0365
0002 TRAVEL 1 LO $ ______ __________________
SERVICE REQUESTED: COST CLIN
Inspection and Acceptance _________________________
INSPECTION: Origin ACCEPTANCE: Origin
DEL REL CD QUANTITY DAYS AFTER AWARD __________ ______________ ________________
001 1 0365
0003 CONTRACTOR MANPOWER REPORTING $ ** NSP ** _____________________________ __________________
SERVICE REQUESTED: CMR
CLIN CONTRACT TYPE:
Firm Fixed Price
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract Installation Access Control System via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:
http://www.ecmra.mil/ , and then click on Department of the Army CMRA or the icon of the DoD organization that is receiving or benefiting from the contracted services. Reporting inputs shall be for the labor executed during the period of performance during each
Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, 5 46
PIIN/SIIN
Page of
Name of Offeror or Contractor:
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
Reference No. of Document Being Continued
MOD/AMD
beginning with 2020. Contractors may direct questions to help desk by clicking on Send an email which is located under the Help Resources ribbon on the right side of the login page of the applicable
Service/Components CMR website.
(End of narrative B001)
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Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
INSPECTION AND ACCEPTANCE
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE AUG/1996
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Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
DELIVERIES OR PERFORMANCE
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.242-15 STOP-WORK ORDER AUG/1989
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Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT ADMINISTRATION DATA
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS DEC/2018
(a) Definitions. As used in this clause--
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and
Receiving Reports.
(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and
Receiving Reports.
(c) WAWF access. To access WAWF, the Contractor shall--
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov ; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this
Web site.
(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice
Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the
WAWF home page at https://wawf.eb.mil/ .
(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer
Protocol.
(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:
(1) Document type. The Contractor shall submit payment requests using the following document type(s):
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items--
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
-1-
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
-2-
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial item financing, submit a commercial item financing request.
(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some Combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in
9 46
Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC -3-
Issue By DoDAAC -4-
Admin DoDAAC -5-
Inspect By DoDAAC -6-
Ship To Code -7-
Ship From Code -8-
Mark For Code -9-
Service Approver (DoDAAC) -10-
Service Acceptor (DoDAAC) -11-
Accept at Other DoDAAC -12-
LPO DoDAAC -13-
DCAA Auditor DoDAAC -14-
Other DoDAAC(s) -15-
(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and
Payment, as applicable.
(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
-16-
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
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Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
CONTRACT CLAUSES
Regulatory Cite Title Date Regulatory Cite Title Date _______________ ______________________________________________________________________ ____________ _______________ ______________________________________________________________________ ____________
1 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS OCT/2010
2 52.203-19 PROHIBITION ON REQUIRING CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS JAN/2017
OR STATEMENTS
3 52.204-2 SECURITY REQUIREMENTS AUG/1996
4 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER MAY/2011
5 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN/2011
6 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE OCT/2018
7 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE JUL/2016
8 52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS APR/2008
9 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS OCT/2018
10 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION MAY/2011
11 52.224-2 PRIVACY ACT APR/1984
12 52.224-3 PRIVACY TRAINING JAN/2017
13 52.227-1 AUTHORIZATION AND CONSENT DEC/2007
14 52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT DEC/2007
15 52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION JAN/1997
16 52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB/2013
17 52.232-18 AVAILABILITY OF FUNDS APR/1984
18 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN/2013
19 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION APR/1984
20 52.239-1 PRIVACY OR SECURITY SAFEGUARDS AUG/1996
21 252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE DEC/1991
22 252.203-7002 REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS SEP/2013
23 252.203-7003 AGENCY OFFICE OF THE INSPECTOR GENERAL AUG/2019
24 252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT APR/1992
25 252.204-7004 ANTITERRORISM AWARENESS TRAINING FOR CONTRACTORS FEB/2019
26 252.204-7009 LIMITATIONS ON THE USE OR DISCLOSURE OF THIRD-PARTY CONTRACTOR OCT/2016
REPORTED CYBER INCIDENT INFORMATION
27 252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT REPORTING DEC/2019
28 252.204-7015 NOTICE OF AUTHORIZED DISCLOSURE OF INFORMATION FOR LITIGATION SUPPORT MAY/2016
29 252.205-7000 PROVISION OF INFORMATION TO COOPERATIVE AGREEMENT HOLDERS DEC/1991
30 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM JUN/2013
31 252.225-7012 PREFERENCE FOR CERTAIN DOMESTIC COMMODITIES DEC/2017
32 252.225-7048 EXPORT-CONTROLLED ITEMS JUN/2013
33 252.226-7001 UTILIZATION OF INDIAN ORGANIZATIONS, INDIAN-OWNED ECONOMIC APR/2019
ENTERPRISES, AND NATIVE HAWAIIAN SMALL BUSINESS CONCERNS
34 252.227-7013 RIGHTS IN TECHNICAL DATA--NONCOMMERCIAL ITEMS FEB/2014
35 252.227-7015 TECHNICAL DATA--COMMERCIAL ITEMS FEB/2014
36 252.227-7016 RIGHTS IN BID OR PROPOSAL INFORMATION JAN/2011
37 252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED MAY/2013
INFORMATION MARKED WITH RESTRICTIVE LEGENDS
38 252.227-7027 DEFERRED ORDERING OF TECHNICAL DATA OR COMPUTER SOFTWARE APR/1988
39 252.227-7030 TECHNICAL DATA--WITHHOLDING OF PAYMENT MAR/2000
40 252.227-7037 VALIDATION OF RESTRICTIVE MARKINGS ON TECHNICAL DATA SEP/2016
41 252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS DEC/2018
42 252.232-7010 LEVIES ON CONTRACT PAYMENTS DEC/2006
43 252.237-7010 PROHIBITION ON INTERROGATION OF DETAINEES BY CONTRACTOR PERSONNEL JUN/2013
44 252.243-7001 PRICING OF CONTRACT MODIFICATIONS DEC/1991
45 252.243-7002 REQUESTS FOR EQUITABLE ADJUSTMENT DEC/2012
46 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS JUN/2013
47 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR MAR/2020
EXECUTIVE ORDERS--COMMERCIAL ITEMS
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division
E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other
Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
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Name of Offeror or Contractor:
PIIN/SIIN MOD/AMD
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019)
(Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sep 2006), with Alternate I (Oct 1995)(41 U.S.C. 4704 and
10 U.S.C. 2402).
_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).
_X_ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of
Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved].
___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section
743 of Div. C).
_X_ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for
Debarment (Oct 2015) (31 U.S.C. 6101 note).
_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
___ (10) [Reserved]
___ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (MAR 2020) (15 U.S.C. 657a).
___ (ii) Alternate I (MAR 2020) of 52.219-3.
___ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (MAR 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
___ (ii) Alternate I (MAR 2020) of 52.219-4.
___ (13) [Reserved]
___ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020) (15 U.S.C. 644).
___ (ii) Alternate I (MAR 2020) of 52.219-6.
___ (iii) Alternate II (Nov 2011) of 52.219-6.
___ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (MAR 2020)(15 U.S.C. 644).
___ (ii) Alternate I (MAR 2020) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
___ (17)(i) 52.219-9, Small Business Subcontracting Plan (MAR 2020) (15 U.S.C. 637(d)(4)).
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___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (MAR 2020) of 52.219-9.
___ (v) Alternate IV (Aug 2018) of 52.219-9.
___ (18) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).
___ (19) 52.219-14, Limitations on Subcontracting (MAR 2020)(15 U.S.C. 637(a)(14)).
___ (20) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).
___ (21) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAR 2020)(15 U.S.C. 657 f)
_X_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (MAR 2020)(15 U.S.C. 632(a)(2)).
___ (i) Alternate I (MAR 2020) of 52.219-28.
___ (23) 52.219-29 Notice of Total Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (MAR 2020)
(15 U.S.C. 637(m)).
___ (24) 52.219-30 Notice of Total Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (MAR
2020) (15 U.S.C. 637(m)).
___ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15 U.S.C. 644(r)).
___ (26) 52.219-33, Nonmanufacturer Rule (MAR 2020) (15 U.S.C. 637(a)(17)).
_X_ (27) 52.222-3, Convict Labor (June 2003)(E.O. 11755).
_X_ (28) 52.222-19, Child LaborCooperation with Authorities and Remedies (Jan 2020) (E.O. 13126).
_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_X_ (30)(i) 52.222-26, Equal Opportunity (Sep 2016)(E.O. 11246).
___ (ii) Alternate I (Feb 1999) of 52.222-26.
_X_ (31)(i) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
___ (ii) Alternate I (July 2014) of 52.222-35.
_X_ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).
___ (ii) Alternate I (July 2014) of 52.222-36.
_X_ (33) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (Feb
2016)(38 U.S.C. 4212).
_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_X_ (35)(i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627).
___ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
_X_ (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)
___ (37)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.
6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available
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off-the-shelf items.)
___ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).
___ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O.
13693).
___ (40)(i) 52.223-13, Acquisition of EPEAT[supreg]-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Oct 2015) of 52.223-13.
___ (41)(i) 52.223-14, Acquisition of EPEAT[supreg]-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-14.
___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).
___ (43)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).
___ (45) 52.223-20, Aerosols (June, 2016) (E.O. 13693).
___ (46) 52.223-21, Foams (June, 2016) (E.O. 13693).
___ (47)(i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
___ (ii) Alternate I (JAN 2017) of 52.224-3.
___ (48) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. chapter 83).
___ (49)(i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (MAY 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-
283, 110-138, 112-41, 112-42, and 112-43.
___ (ii) Alternate I (MAY 2014) of 52.225-3.
___ (iii) Alternate II (MAY 2014) of 52.225-3.
___ (iv) Alternate III (MAY 2014) of 52.225-3.
___ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.o.s, proclamations, and statutes administered by the
Office of Foreign Assets Control of the Department of the Treasury).
___ (52) 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).
___ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
___ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)(42 U.S.C. 5150).
___ (55) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
___ (56) 52.232-30, Installment Payments for Commercial Items (Jan 2017)(41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_X_ (57) 52.232-33, Payment by Electronic Funds Transfer -- System for Award Management (Oct 2018)(31 U.S.C. 3332).
___ (58) 52.232-34, Payment by Electronic Funds Transfer -- Other Than System for Award Management (Jul 2013)(31 U.S.C. 3332).
___ (59) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).
___ (60) 52.239-1, Privacy or Security Safeguards (Aug 1996)(5 U.S.C. 552a).
___ (61) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).
___ (62)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx 1241(b) and 10 U.S.C.
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2631).
___ (ii) Alternate I (Apr 2003) of 52.247-64.
___(iii) Alternate II (Feb 2006) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting
Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:
_X_ (1) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495).
_X_ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (Multiple Year and Option
Contracts) (MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
_X_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41
U.S.C. chapter 67).
___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--
Requirements (MAY 2014) (41 U.S.C. chapter 67).
___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658).
___ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
___ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) 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 Contractors directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR
Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(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 (Oct 2015) (41 U.S.C. 3509).
(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of
Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other
Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).
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(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019)
(Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities.
(vi) 52.222-17, Nondisplacement of Qualified Workers (MAY 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of
FAR clause 52.222-17.
(vii) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(viii) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(ix) 52.222-35, Equal Opportunity for Veterans (Oct 2015)(38 U.S.C. 4212).
(x) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014)(29 U.S.C. 793).
(xi) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(xii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).
(xiii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiv)(A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. 7104(g)).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. 7104(g)).
(xv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or
Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C. chapter 67).
(xvi) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements
(MAY 2014) (41 U.S.C. chapter 67).
(xvii) 52.222-54, Employment Eligibility Verification (Oct 2015).
(xviii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (Executive Order 13658).
(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706).
(xx)(A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).
(B) Alternate I (JAN 2017) of 52.224-3.
(xxi) 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).
(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxiii) 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)
48 52.216-5 PRICE REDETERMINATION--PROSPECTIVE OCT/1997
(a) General. The unit prices and the total price stated in this contract shall be periodically redetermined in accordance with this clause, except that --
(1) The prices for supplies delivered and services performed before the first effective date of price redetermination (see paragraph
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(c) of this clause) shall remain fixed; and
(2) In no event shall the total amount paid under this contract exceed any ceiling price included in the contract.
(b) Definition. Costs, as used in this clause, means allowable costs in accordance with Part 31 of the Federal Acquisition Regulation
(FAR) in effect on the date of this contract.
(c) Price redetermination periods. For the purpose of price redetermination, performance of this contract is divided into successive periods. The first period shall extend from the date of the contract to 12 months after the date of award, and the second and each succeeding period shall extend for 12 months from the end of the last preceding period, except that the parties may agree to vary the length of the final period. The first day of the second and each succeeding period shall be the effective date of price redetermination for that period.
(d) Data submission.
(1) Not more than 30 nor less than 15 days before the end of each redetermination period, except the last, the Contractor shall submit --
(i) Proposed prices for supplies that may be delivered or services that may be performed in the next succeeding period, and --
(A) An estimate and breakdown of the costs of these supplies or services in the format of Table 15-2, FAR 15.408, or in any other form on which the parties may agree;
(B) Sufficient data to support the accuracy and reliability of this estimate; and
(C) An explanation of the differences between this estimate and the original (or last preceding) estimate for the same supplies or services; and
(ii) A statement of all costs incurred in performing this contract through the end of the -5- before the submission of proposed prices in the format of Table 15-2, FAR 15.408 (or in any other form on which the parties may agree), with sufficient supporting data to disclose unit costs and cost trends for --
(A) Supplies delivered and services performed; and
(B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary).
(2) The Contractor shall also submit, to the extent that it becomes available before negotiations on redetermined prices are concluded --
(i) Supplemental statements of costs incurred after the date stated in subdivision (d)(1)(ii) of this section for --
(A) Supplies delivered and services performed; and
(B) Inventories of work in process and undelivered contract supplies on hand (estimated to the extent necessary); and
(ii) Any other relevant data that the Contracting Officer may reasonably require.
(3) If the Contractor fails to submit the data required by subparagraphs (d)(1) and (2) of this section, within the time specified, the Contracting Officer may suspend payments under this contract until the data are furnished. If it is later determined that the
Government has overpaid the Contractor, the Contractor shall repay the excess to the Government immediately. Unless repaid within 30 days after the end of the data submittal period, the amount of the excess shall bear interest, computed from the date the data were due to the date of repayment, at the rate established in accordance with the Interest clause.
(e) Price redetermination. Upon the Contracting Officers receipt of the data required by paragraph (d) of this section, the Contracting
Officer and the Contractor shall promptly negotiate to redetermine fair and reasonable prices for supplies that may be delivered or services that may be performed in the period following the effective date of price redetermination.
(f) Contract modifications. Each negotiated redetermination of prices shall be evidenced by a modification to this contract, signed by the Contractor and the Contracting Officer, stating the redetermined prices that apply during the redetermination period.
(g) Adjusting billing prices. Pending execution of the contract modification (see paragraph (f) of this section), the Contractor shall submit invoices or vouchers in accordance with the billing prices stated in this contract. If at any time it appears that the then-current billing prices will be substantially greater than the estimated final prices, or if the Contractor submits data showing that the redetermined price will be substantially greater than the current billing prices, the parties shall negotiate an appropriate decrease or increase in billing prices. Any billing price adjustment shall be reflected in a contract modification and shall not
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affect the redetermination of prices under this clause. After the contract modification for price redetermination is executed, the total amount paid or to be paid on all invoices or vouchers shall be adjusted to reflect the agreed-upon prices, and any requested additional payments, refunds, or credits shall be made promptly.
(h) Quarterly limitation on payments statement. This paragraph (h) applies only during periods for which firm prices have not been established.
(1)…
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