W81XWH22R0011.pdf
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- W81XWH22R0011
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SEE ADDENDUM
(No Collect Calls)
W81XWH22R0011 13-Dec-2021
b. TELEPHONE NUMBER
(301) 619 - 9201
8. OFFER DUE DATE/LOCAL TIME
10:00 AM 14 Jan 2022
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W81XWH9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
SHAREW HAILU
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
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
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED OR X
SMALL BUSINESSX
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
USA MED RESEARCH ACQ ACTIVITY
820 CHANDLER ST
FORT DETRICK MD 21702-5014
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE W74MYF 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
WALTER REED ARMY INSTITUTE OF RESEARCH
USAMRD-G
KAKHETI HIGHWAY 16, ALEKSEEVKA SETTLEMENT #3
TBILISI
TEL: FAX:
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
1,000
NAICS:
541715
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF82
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
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
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W81XWH22R0011
Section SF 1449 - CONTINUATION SHEET
IDIQ INFORMATION
CONTRACT CEILING
(a) All services to be ordered under this contract shall be set forth in each individual delivery/task orders. All delivery/task orders will be issued in accordance with the provisions of Section H, Delivery Order Issuance, and
Section I, Clauses 252.216-7006, Ordering, 52.216-19, Order Limitation, and 52.216-22, Indefinite Quantity.
(b) The minimum amount of this contract award is $50,000.00.
(c) The anticipated maximum amount for the contract shall not exceed $9,000,000.00. The maximum amount shall not be construed as an obligation of the Government or guaranteed tasking value.
ORDERING PERIOD
The Government may issue orders under this contract from the date of contract award through 48 months thereafter.
The period of performance for work efforts ordered under this contract shall be specified in each task order issued.
A task order issued on the last day of the ordering period may have up to a 12 month period of performance.
AVAILABLE AND ALLOTTED FUNDS
The Base Contract is not funded. Funds will be allotted on Task Orders written against this contract. Some orders under this contract may be incrementally funded pursuant to the Limitation of Funds clause, DFARS 252.232-7007
Limitation of Government’s Obligation. If the order is incrementally funded, the DFARS clause will be included on each order, as applicable.
ADDITIONAL CONTRACT ADMIN INFO
1. LABOR RATES
Direct labor billed on individual orders may vary from the quantity of hours bid, provided that the ceiling price is not exceeded and the Government Contracting Officer's Representative (COR) approves. Labor categories may not vary from those specified in the task order unless authorized by the Contracting Officer's Representative and provided it does not exceed the ceiling price.
The list of labor categories and hourly rates proposed will be in effect for the duration of the contract and shall be used as the maximum allowable rate in each labor category for future Task Orders. As the need arises, additional labor categories may be negotiated and incorporated into the attachment 5 and 6.
2. CONTRACT TYPE
The base IDIQ and all subsequent task orders shall be Firm-Fixed Price. Any other direct costs associated with each task order shall be reimbursed at cost with applicable G&A or Material Handling fee.
3. PAYMENT
Payment procedures are indicated on each Task Order.
4. CONTRACTING OFFICER'S REPRESENTATIVE (COR)
The COR for this Contract shall be assigned via a separate appointment letter.
5. CONTRACTING OFFICER’S AUTHORITY
The Contracting Officer (KO) assigned to this contract has responsibility for ensuring the performance of all necessary actions for effective contracting; ensuring compliance with the terms of the contract and safeguarding the interests of the United States in its contractual relationships. The KO is the only individual who has the authority to enter into, administer, or terminate this contract and is the only person authorized to approve changes to any of the requirements under this contract, and notwithstanding any provision contained elsewhere in this contract, this authority remains solely with the KO.
It is the Contractor’s responsibility to contact the KO immediately if there is even the appearance of any technical direction that is or may be outside the scope of the contract. The Government will not reimburse the Contractor for work the KO did not authorize and/or for work outside the scope of the contract.
The Contractor shall immediately notify the KO for clarification when a question arises regarding the authority of any person to act for the KO under the contract.
6. INTERPRETATION OR MODIFICATION
No verbal statement by any person, and no written statement by anyone other than the Contracting Officer (KO), or his/her authorized representative acting within the scope of his/her authority, shall be interpreted as modifying or otherwise affecting the terms of this contract. All requests for interpretation or modification shall be made in writing to the KO or Contract Specialist.
7. ACCOUNTING AND APPROPRIATION DATA
The accounting and appropriation data corresponding to this contract will be set forth at task order award, and in any subsequent task order modification(s).
8. PAYMENT INSTRUCTIONS
Instructions for payment will be provided at the task order level.
SPECIAL CONTRACT REQUIREMENTS
1. TASK ORDER PERIOD OF PERFORMANCE
All task orders issued under this IDIQ during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the individual task order. The contract shall govern the Contractor’s and Government’s rights and obligations with respect to that task order to the same extent as if the order were completed during the contract’s effective period.
2. FOREIGN TAXES
Foreign income taxes on employees’ salaries and wages are a liability of the employee, not the U.S. Government and not chargeable or allocable to this contract or its resulting task/delivery orders. However, it is the responsibility of the Contractor to provide employees that meet the requirements of the Technical Expert Status of the Status of
Forces Agreement (SOFA). These individuals are exempt from foreign tax liabilities.
3. TASK ORDERS
3.1 TASK ORDER ISSUANCE
All task orders issued under this contract shall abide by terms and conditions outlined within the base contract. Each task order shall contain the final negotiated terms and conditions regarding price, performance, delivery, and other relevant factors.
3.2 TASK ORDER FORMAT
Task order format shall contain all the essential elements contained in the templates provided in Section J of the contract. Essential elements for loaded labor/time and material delivery orders are task number, period of performance, description of work, deliverables, prices, direct labor, including employee names(s) of key personnel, other direct costs, and total task price.
USE OF SUBCONTRACTORS
Prime contractors must obtain Contracting Officer approval of any subcontractors added after contract award. The prime contractor must ensure the Contracting Officer is provided the necessary documentation to justify the inclusion of a newly proposed subcontractor. This justification documentation, as delineated below, shall be provided to the Contracting Officer within a reasonable amount of time prior to using a subcontractor for the
Government to conduct proper due diligence. The Government may require a minimum of fifteen (15) days, or more, to conduct any needed cost or technical analysis.
The prime contractor must submit justification for proposing new subcontractors. The following documentation shall be included with this justification:
1. Technical Justification – The prime contractor must explain what value will be added by the newly proposed subcontractor. OCI Certification – The prime contractor must verify the proposed subcontractor does not perform other work in support of the WRAIR or USAMRMC that may create an OCI situation.
The prime contractor must inform the Contracting Officer whether or not there are any potential OCI issues with the proposed subcontractor and, if there are OCI issues, how the OCI issues will be mitigated.
2. Prices/Rates Analysis – The prime contractor must conduct a thorough review of the subcontractor’s proposed prices and rates and determine whether those prices/rates are fair and reasonable for the contract..
The prime contractor must provide documentation of the price analysis that discusses the steps taken during the analysis to conclude the prices/rates are fair and reasonable.
Pursuant to FAR Clause 52.215-2, Audit and Records – Negotiation, the Government reserves the right to audit the prime and any subcontractors selected. The prime Contractor is responsible for any subcontractors selected and shall inform all subcontractors of the Government’s right to audit. (See Subpart 52.244-2).
All newly proposed subcontracting/teaming arrangements must also include signed subcontracting agreement(s).
The new subcontractor shall not participate in the contract performance until the Contracting Officer has explicitly approved the inclusion of that new subcontractor.
DATA RIGHTS
Any specific data deliverables identified within the scope of work will be codified bilaterally by the inclusion of an
DD Form 1423 to the contract.
The Government shall own all recorded information and/or data, regardless of the form or method of the recording that is created, produced, or developed pursuant to the performance of this contract by the Contractor and/or its employees. The Contractor may not use or disclose Government owned information or data without the written permission of the Contracting Officer, except as otherwise authorized by the terms of this contract. All Government owned information and/or data shall be returned to the Government at the conclusion of the contract unless the
Contracting Officer grants specific exception. Notwithstanding the foregoing, and pursuant to DFARS 252.227-7013
(b) (4), the Contractor agrees that any and all technical data (as defined in DFARS 252.227-7013 (a) (15)) created, produced, or developed under this contract), will be the property of the United States Government. Neither the
Contractor nor its personnel shall have an ownership interest in the technical data herein described.
HUMAN RESEARCH PROTECTIONS
RESEARCH INVOLVING HUMAN ANATOMICAL SUBSTANCES, HUMAN SUBJECTS, OR HUMAN
CADAVERS
All DoD-funded research involving new and ongoing research with human anatomical substances*, human subjects, or human cadavers must be reviewed and approved by the U.S. Army Medical Research and Development
Command (USAMRDC) Office of Research Protections (ORP), Human Research Protection Office (HRPO), prior to research implementation. This administrative review requirement is in addition to the local Institutional Review
Board (IRB) or Ethics Committee (EC) review. The HRPO is mandated to comply with specific laws and requirements governing all research involving human anatomical substances, human subjects, or human cadavers that is supported by the DoD. These laws and requirements will necessitate information in addition to that supplied to the IRB/EC. Allow a minimum of 2 to 3 months for HRPO regulatory review and approval processes. Additional time for regulatory reviews may be needed for research taking place in international settings. Protocols must be written for research with human subjects and/or human anatomical substances that are specific to the DoD-supported effort outlined in the submitted application as a stand-alone study.
For Broad Agency Announcements insert the following: Refer to the General Application Instructions, Appendix 1, and the Human Subject Resource Document available on the electronic Biomedical Research Application Portal
(eBRAP) “Funding Opportunities & Forms” web page (https://ebrap.org/eBRAP/public/Program.htm) for additional information.
For Request for Proposals or other solicitation insert the following: Refer to the USAMRDC HRPO web page at https://mrdc.amedd.army.mil/index.cfm/collaborate/research_protections/hrpo for additional information.
*The only exception to the requirement for USAMRDC ORP HRPO prior review and approval for research using human anatomical substances under this contract is research that solely uses only one or both of the following types of human anatomical substances to accomplish its aims: (1) established/existing commercially available human cell lines; (2) established/existing patient-derived xenograft (PDX) models.
PROHIBITION OF USE OF HUMAN SUBJECTS
Research under this award involving the use of human subjects, to include the use of human anatomical substances or identifiable private information, shall not begin until the USAMRDC’s Office of Research Protections (ORP) provides authorization that the research may proceed. Written approval to begin research will be issued from the
USAMRDC ORP, under separate notification to the contractor. Written approval from the USAMRDC ORP is also required for any subcontractor that will use funds from this contract to conduct research involving human subjects.
*This prohibition does not apply to research under this contract that solely uses only one or both of the following types of human anatomical substances to accomplish its aims: (1) established/existing commercially available human cell lines; (2) established/existing patient-derived xenograft (PDX) models.
Research involving human subjects shall be conducted in accordance with the protocol submitted to and approved by the USAMRDC ORP. Complete study records shall be maintained for each human research study and shall be made available for review by representatives of the USAMRDC. Research records shall be stored in a confidential manner in accordance with FAR 52.224-2.
The contractor is required to adhere to the following reporting requirements:
Submission of substantive modifications to the protocol, continuing review documentation (if applicable), and the final report as outlined in the USAMRDC ORP approval memorandum.
Unanticipated problems involving risks to subjects or others, clinical holds (voluntary or involuntary), and suspension or termination of this research by the IRB, the contractor, the Sponsor, or regulatory agencies, shall be promptly reported to the USAMRDC ORP.
The knowledge of any pending compliance inspection/visits by the FDA, ORP, or other government agency concerning this clinical investigation or research, the issuance of Inspection Reports, FDA Form 483, warning letters or actions taken by any Regulatory Agencies including legal or medical actions, and any instances of serious or continuing noncompliance with regulatory requirements that relate to this clinical investigation or research, shall be reported immediately to the USAMRDC ORP.
Non-compliance with these terms and conditions may result in withholding of payments and/or the termination of the contract. The USAMRDC ORP Human Research Protection Office submission instructions can be accessed at https://mrdc.amedd.army.mil/index.cfm/collaborate/research_protections/hrpo.
(End of Requirement)
PROHIBITION - READ FURTHER FOR DETAILS
https://ebrap.org/eBRAP/public/Program.htm https://mrdc.amedd.army.mil/index.cfm/collaborate/research_protections/hrpo
Research, development, testing and evaluation (RDT&E), education or training activities involving human cadaveric specimens (with the exception of activities solely using established/existing human cadaveric cell lines under this contract shall not begin until approval is granted in accordance with the Army Policy for Use of Human Cadavers for RDT&E, Education, or Training, 5 November 2019
(https://mrdc.amedd.army.mil/index.cfm/collaborate/research_protections/hrpo).
The USAMRDC Office of Research Protections (ORP) is the Action Office (usarmy.detrick.medcom-usamrmc.other.hrpo@mail.mil ) for this policy. Approval must be obtained from the USAMRDC ORP. Contractors must coordinate with the Contracting Officer Representative (COR) to ensure that proper approvals are obtained.
ORP will issue written approvals to begin under separate notification to the contractor. Written approval to proceed from the USAMRDC ORP is also required for any subcontractor that will use funds from this award to conduct
RDT&E, education or training involving human cadaveric specimens.
Contractors must promptly report problems related to the conduct of the activity involving cadavers or the procurement, inventory, use, storage, transfer, transportation, and disposition of cadavers to the USAMRDC ORP.
Contractors must maintain complete records of the activity.
The USAMRDC or designees must be permitted to observe the activity upon request and/or audit activity records to ensure compliance with the approved protocol or applicable regulatory requirements.
Non-compliance with these terms and conditions may result in withholding of payments and/or the termination of the contract.
RESEARCH INVOLVING ANIMALS
All DoD-funded research involving new and ongoing research with animals must be reviewed and approved by the
U.S. Army Medical Research and Development Command (USAMRDC) Office of Research Protections (ORP)
Animal Care and Use Review Office (ACURO), in addition to the local Institutional Animal Care and Use
Committee (IACUC) of record. IACUC approval at the time of submission is not required. Specific documents relating to the use of animals in the proposed research will be requested if the application is selected for funding. The ACURO must review and approve all animal use prior to the start of working with animals, including amendments to ongoing projects. PIs must submit the institutional animal use protocol, IACUC approval of that protocol, and a version of the animal use appendix titled, “Research Involving Animals.” Allow at least 2 to 3 months for ACURO regulatory review and approval processes for animal studies.
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0001 1 Job Non-Personal Services
FFP
Scientific and Technical Support services for the United States Medical Research
Directorate - Georgia (USAMRD-G) Tiblisi, Georgia. All work accomplished under this contract shall be accomplished via the issuance of Task Orders awarded pursuant to the terms and conditions set forth therein.
FOB: Destination
PSC CD: AN11
MAX
NET AMT
ITEM NO SUPPLIES/SERVICES MAX
QUANTITY
UNIT UNIT PRICE MAX AMOUNT
0002 1 Job Travel and Other Direct Costs
COST
Travel and Other Direct Costs
PSC CD: AN11
MAX COST
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Origin Government
0002 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 POP 01-MAR-2022 TO
28-FEB-2026
N/A WALTER REED ARMY INSTITUTE OF
RESEARCH
USAMRD-G
KAKHETI HIGHWAY 16, ALEKSEEVKA
SETTLEMENT #3
TBILISI
W74MYF
0002 POP 01-MAR-2022 TO
28-FEB-2026
N/A (SAME AS PREVIOUS LOCATION)
W74MYF
CLAUSES INCORPORATED BY REFERENCE
52.202-1 Definitions JUN 2020
52.203-3 Gratuities APR 1984
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(JUN 2020) -- Alternate I
OCT 1995
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
JUN 2020
52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
JUN 2020
52.203-18 Prohibition on Contracting With Entities That Require Certain
Internal Confidentiality Agreements or Statements--
Representation
JAN 2017
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.204-13 System for Award Management Maintenance OCT 2018
52.204-16 Commercial and Government Entity Code Reporting AUG 2020
52.204-17 Ownership or Control of Offeror AUG 2020
52.204-18 Commercial and Government Entity Code Maintenance AUG 2020
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other
Covered Entities.
JUL 2018
52.204-26 Covered Telecommunications Equipment or Services--
Representation.
OCT 2020
52.209-2 Prohibition on Contracting with Inverted Domestic
Corporations--Representation
NOV 2015
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
JUN 2020
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 JUN 2020
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018
52.215-8 Order of Precedence--Uniform Contract Format OCT 1997
52.222-29 Notification Of Visa Denial APR 2015
52.222-56 Certification Regarding Trafficking in Persons Compliance
Plan.
OCT 2020
52.225-14 Inconsistency Between English Version And Translation Of
Contract
FEB 2000
52.227-11 Alt V Patent Rights--Ownership by the Contractor (May 2014)
Alternate V
DEC 2007
52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014
52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984
52.229-6 Taxes--Foreign Fixed-Price Contracts FEB 2013
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
52.232-25 Prompt Payment 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 Alt I Disputes (May 2014) - Alternate I DEC 1991
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
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
52.242-13 Bankruptcy JUL 1995
52.242-15 Stop-Work Order AUG 1989
52.242-17 Government Delay Of Work APR 1984
52.245-1 Government Property SEP 2021
52.245-9 Use And Charges APR 2012
52.246-4 Inspection Of Services--Fixed Price AUG 1996
52.246-16 Responsibility For Supplies APR 1984
52.246-25 Limitation Of Liability--Services FEB 1997
52.249-4 Termination For Convenience Of The Government (Services)
(Short Form)
APR 1984
52.249-4 Termination For Convenience Of The Government (Services)
(Short Form)
APR 1984
52.251-1 Government Supply Sources APR 2012
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
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7000 Disclosure Of Information OCT 2016
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019
252.204-7006 Billing Instructions OCT 2005
252.204-7007 Alternate A, Annual Representations and Certifications MAY 2021
252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7009 Limitations on the Use or Disclosure of Third-Party
Contractor Reported Cyber Incident Information
OCT 2016
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
DEC 2019
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.204-7018 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services
JAN 2021
252.204-7020 NIST SP 800-171 DoD Assessment Requirements NOV 2020
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
MAY 2019
252.211-7007 Reporting of Government-Furnished Property AUG 2012
252.222-7002 Compliance With Local Labor Laws (Overseas) JUN 1997
252.225-7003 Report of Intended Performance Outside the United States and Canada--Submission with Offer
OCT 2020
252.225-7031 Secondary Arab Boycott Of Israel JUN 2005
252.225-7041 Correspondence in English JUN 1997
252.225-7042 Authorization to Perform APR 2003
252.225-7043 Antiterrorism/Force Protection Policy for Defense
Contractors Outside the United States
JUN 2015
252.225-7048 Export-Controlled Items JUN 2013
252.225-7050 Disclosure of Ownership or Control by the Government of a
Country that is a State Sponsor of Terrorism
SEP 2021
252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014
252.227-7016 Rights in Bid or Proposal Information JAN 2011
252.227-7025 Limitations on the Use or Disclosure of Government-
Furnished Information Marked with Restrictive Legends
MAY 2013
252.227-7030 Technical Data--Withholding Of Payment MAR 2000
252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.233-7001 Choice of Law (Overseas) JUN 1997
252.235-7002 Animal Welfare DEC 2014
252.235-7004 Protection of Human Subjects JUL 2009
252.235-7011 Final Scientific or Technical Report DEC 2019
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
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 JAN 2021
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property JAN 2021
252.245-7003 Contractor Property Management System Administration APR 2012
252.245-7004 Reporting, Reutilization, and Disposal DEC 2017
252.247-7022 Representation of Extent of Transportation by Sea. JUN 2019
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)
52.203-16 Preventing Personal Conflicts of Interest (JUN 2020)
(a) Definitions. As used in this clause--
Acquisition function closely associated with inherently governmental functions means supporting or providing advice or recommendations with regard to the following activities of a Federal agency:
(1) Planning acquisitions.
(2) Determining what supplies or services are to be acquired by the Government, including developing statements of work.
(3) Developing or approving any contractual documents, to include documents defining requirements, incentive plans, and evaluation criteria.
(4) Evaluating contract proposals.
(5) Awarding Government contracts.
(6) Administering contracts (including ordering changes or giving technical direction in contract performance or contract quantities, evaluating contractor performance, and accepting or rejecting contractor products or services).
(7) Terminating contracts.
(8) Determining whether contract costs are reasonable, allocable, and allowable.
Covered employee means an individual who performs an acquisition function closely associated with inherently governmental functions and is--
(1) An employee of the contractor; or
(2) A subcontractor that is a self-employed individual treated as a covered employee of the contractor because there is no employer to whom such an individual could submit the required disclosures.
Non-public information means any Government or third-party information that--
(1) Is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552) or otherwise protected from disclosure by statute, Executive order, or regulation; or
(2) Has not been disseminated to the general public and the Government has not yet determined whether the information can or will be made available to the public.
Personal conflict of interest means a situation in which a covered employee has a financial interest, personal activity, or relationship that could impair the employee's ability to act impartially and in the best interest of the Government when performing under the contract. (A de minimis interest that would not "impair the employee's ability to act impartially and in the best interest of the Government" is not covered under this definition.)
(1) Among the sources of personal conflicts of interest are--
(i) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household;
(ii) Other employment or financial relationships (including seeking or negotiating for prospective employment or business); and
(iii) Gifts, including travel.
(2) For example, financial interests referred to in paragraph (1) of this definition may arise from--
(i) Compensation, including wages, salaries, commissions, professional fees, or fees for business referrals;
(ii) Consulting relationships (including commercial and professional consulting and service arrangements, scientific and technical advisory board memberships, or serving as an expert witness in litigation);
(iii) Services provided in exchange for honorariums or travel expense reimbursements;
(iv) Research funding or other forms of research support;
(v) Investment in the form of stock or bond ownership or partnership interest (excluding diversified mutual fund investments);
(vi) Real estate investments;
(vii) Patents, copyrights, and other intellectual property interests; or
(viii) Business ownership and investment interests.
(b) Requirements. The Contractor shall--
(1) Have procedures in place to screen covered employees for potential personal conflicts of interest, by--
(i) Obtaining and maintaining from each covered employee, when the employee is initially assigned to the task under the contract, a disclosure of interests that might be affected by the task to which the employee has been assigned, as follows:
(A) Financial interests of the covered employee, of close family members, or of other members of the covered employee's household.
(B) Other employment or financial relationships of the covered employee (including seeking or negotiating for prospective employment or business).
(C) Gifts, including travel; and
(ii) Requiring each covered employee to update the disclosure statement whenever the employee's personal or financial circumstances change in such a way that a new personal conflict of interest might occur because of the task the covered employee is performing.
(2) For each covered employee--
(i) Prevent personal conflicts of interest, including not assigning or allowing a covered employee to perform any task under the contract for which the Contractor has identified a personal conflict of interest for the employee that the Contractor or employee cannot satisfactorily prevent or mitigate in consultation with the contracting agency;
(ii) Prohibit use of non-public information accessed through performance of a Government contract for personal gain; and
(iii) Obtain a signed non-disclosure agreement to prohibit disclosure of non-public information accessed through performance of a Government contract.
(3) Inform covered employees of their obligation--
(i) To disclose and prevent personal conflicts of interest;
(ii) Not to use non-public information accessed through performance of a Government contract for personal gain;
and
(iii) To avoid even the appearance of personal conflicts of interest;
(4) Maintain effective oversight to verify compliance with personal conflict-of-interest safeguards;
(5) Take appropriate disciplinary action in the case of covered employees who fail to comply with policies established pursuant to this clause; and
(6) Report to the Contracting Officer any personal conflict-of-interest violation by a covered employee as soon as it is identified. This report shall include a description of the violation and the proposed actions to be taken by the
Contractor in response to the violation. Provide follow-up reports of corrective actions taken, as necessary. Personal conflict-of-interest violations include--
(i) Failure by a covered employee to disclose a personal conflict of interest;
(ii) Use by a covered employee of non-public information accessed through performance of a Government contract for personal gain; and
(iii) Failure of a covered employee to comply with the terms of a non-disclosure agreement.
(c) Mitigation or waiver. (1) In exceptional circumstances, if the Contractor cannot satisfactorily prevent a personal conflict of interest as required by paragraph (b)(2)(i) of this clause, the Contractor may submit a request through the
Contracting Officer to the Head of the Contracting Activity for--
(i) Agreement to a plan to mitigate the personal conflict of interest; or
(ii) A waiver of the requirement.
(2) The Contractor shall include in the request any proposed mitigation of the personal conflict of interest.
(3) The Contractor shall--
(i) Comply, and require compliance by the covered employee, with any conditions imposed by the Government as necessary to mitigate the personal conflict of interest; or
(ii) Remove the Contractor employee or subcontractor employee from performance of the contract or terminate the applicable subcontract.
(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts--
(1) That exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award; and
(2) In which subcontractor employees will perform acquisition functions closely associated with inherently governmental functions (i.e., instead of performance only by a self-employed individual).
(End of clause)
52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)
The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services--
Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-
Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the
Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.
(a) Definitions. As used in this provision-
Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause
52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or
Equipment.
(b) Prohibition.
(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L.
115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to--
(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.
(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM)
(https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services."
(d) Representations. The Offeror represents that--
(1) It [] will, [] will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds
"will" in paragraph (d)(1) of this section; and
(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that--
It [] does, [] does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.
(e) Disclosures.
(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.
(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:
(i) For covered equipment--
(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);
(B) A description of all covered telecommunications equipment offered (include brand; model number, such as
OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and
(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(ii) For covered services--
(A) If the service is related to item maintenance: A description of all covered telecommunications services offered
(include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or
(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.
(End of provision)
52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (AUG 2020)
(a)(1) The Offeror certifies, to the best of its knowledge and belief, that-
(i) The Offeror and/or any of its Principals-
(A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or
State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation); and
(C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;
and
(D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent
Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsatisfied.
(1) Federal taxes are considered delinquent if both of the following criteria apply:
(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability.
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