W900KK-20-R-0058 Amendment 01.pdf
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- Attached to
- JRTC tower replacements/JMRC tech. refresh Federal contract opportunity
- Solicitation number
- W900KK-20-R-0058
About this file
This document is an amendment to a solicitation for replacing four tactical communication towers and associated equipment at the Joint Readiness Training Center (JRTC), performing technology refreshes at two tower sites at the Joint Multinational Readiness Center (JMRC), and providing interim contractor support at both locations. Offerors are required to provide pricing for replacing the towers at Mills Creek, Cemetery 13, Peason East, and Peason West; performing technology refreshes at the Kleinelberg and Nussberg tower sites; constructing new tower pads and foundations; and supplying interim life cycle support. Pricing is to be provided as firm-fixed-price. Responses are due by July 15, 2020. The Army Materiel Command Contracting Command Orlando Contracting Center will award the contract.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| W900KK-20-R-0058 Amendment 02.pdf | ||
| Attachment 5 PPQ_Amendment 02.pdf | ||
| Attachment 4 Cost Workbook_Amendment 02.xlsx | XLSX spreadsheet | |
| Responses to CTC Tower Efforts Questions_Jul2020_Amendment 02.xlsx | XLSX spreadsheet | |
| Attachment 2 Requriement Matrix_July2020_Amendment 02.xlsx | XLSX spreadsheet | |
| Attachment 1 JRTC and JRMC Tower PWS_25 JUN 20_Amendment 02.pdf | ||
| W900KK-20-R-0058 Amendment 02 Conformed Solicitation.pdf | ||
| Attachment 8_DBA_Wage_Determination_LA20200006.pdf | ||
| Attachment 4_ Cost Workbook.xlsx | XLSX spreadsheet | |
| Attachment 3_ CDRLs.pdf | ||
| Attachment 6 LT2 Instruction.docx | DOCX document | |
| Attachment 5_ PPQ.PDF | ||
| Attachment 7_Industry_Comment Form.doc | DOC document | |
| Attachment 2 Requirement Matrix_20200610v1.xlsx | XLSX spreadsheet | |
| Attachment 1_ PWS_PWS_2019_031_CTC_Tower_ Replacement.pdf |
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Text version
CODE
(Hour)
PAGE(S)
until 04:00 PM local time 15 Jul 2020
X
A X B X C X D
EX
X
G F 47 - 54
55 - 66 X H 67 - 71
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA FAR (48 CFR) 53.214(c)
1 71
(If other than Item 7)
15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO
AND
ADDRESS
SIGN OFFER (Type or print)
OF
OFFEROR
AMENDMENT NO. DATE
15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS
IS DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
18. OFFER DATE
1. THIS CONTRACT IS A RATED ORDER
UNDER DPAS (15 CFR 700)
2. CONTRACT NO.
W900KK 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 1 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
See Item 7 conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 11
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
13 - 14
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
16 - 18
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 19 - 24 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 25 X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIONS AND INSTRUCTIONS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
26 - 45
PART II - CONTRACT CLAUSES
ARMY CONTRACTING COMMAND - ORLANDO
ATTN: ALPHA DIVISION
12211 SCIENCE DRIVE
ORLANDO FL 32826-3224
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
10 Jun 2020
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
W900KK20R0058
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
1000 1 Job JRTC Site Survey
FFP
To provide a complete Architectural and Engineering (A&E) plan for the removal and replacement of the four (4) tactical lattice towers (Site 1-Peason East, Site 32- Peason West, Site 15-Cemetery 13, and Site 34-Mill Creek); IAW Attachment 1, PWS-2019-031
FOB: Destination COLOR: multi
PSC CD: 6910
NET AMT
2000 1 Job Mills Creek - Installation of New Tower
FFP
Labor and Material Pricing for the Erection of New Tower, Shelter, Generator and Installation of Communication Cabling, Antennas and Electronic Equipment IAW Attachment 1, PWS-2019-031 FOB: Destination
2010 1 Job Cemetery 13 - Installation of New Tower
FFP
Labor and Material Pricing for the Erection of New Tower, Shelter, Generator and Installation of Communication Cabling, Antennas and Electronic Equipment IAW Attachment 1, PWS-2019-031 FOB: Destination
2020 1 Job Peason East - Installation of New Tower
FFP
Labor and Material Pricing for the Erection of New Tower, Shelter, Generator and Installation of Communication Cabling, Antennas and Electronic Equipment IAW Attachment 1, PWS-2019-031 FOB: Destination
2030 1 Job Peason West - Installation of New Tower
FFP
Labor and Material Pricing for the Erection of New Tower, Shelter, Generator and Installation of Communication Cabling, Antennas and Electronic Equipment IAW Attachment 1, PWS-2019-031 FOB: Destination
3000 1 Job Mills Creek - Pad, Foundation & Fencing
FFP
Labor and Material Pricing for the removal of existing tower/pad and installation of Pad, Foundation & Fencing for new tower IAW Attachment 1, PWS-2019-031 FOB: Destination
3010 1 Job Cemetery 13 - Pad, Foundation & Fencing
FFP
Labor and Material Pricing for the removal of existing tower/pad and installation of Pad, Foundation & Fencing for new tower IAW Attachment 1, PWS-2019-031 FOB: Destination
3020 1 Job Peason East - Pad, Foundation & Fencing
FFP
Labor and Material Pricing for the removal of existing tower/pad and installation of Pad, Foundation & Fencing for new tower IAW Attachment 1, PWS-2019-031 FOB: Destination
3030 1 Job Peason West - Pad, Foundation & Fencing
FFP
Labor and Material Pricing for the removal of tower and installation of Pad, Foundation & Fencing IAW Attachment 1, PWS-2019-031, Paragraph 3.4 FOB: Destination
4000 1 Job Southern Tower Rehabilitation (OMA Task)
FFP
Labor and Material Pricing for the Foundation, IAW Attachment 1, PWS-2019- 031, Paragraph 3.3 FOB: Destination
4010 1 Job Southern Tower Rehabilitation (OPA Task)
FFP
Labor and Material Pricing for the Antennas, Cabling and Associated Equipment;
AW Attachment 1, PWS-2019-031, Paragraph 3.3 FOB: Destination COLOR: Multi
5000 1 Job JMRC Kleinelberg Tower
FFP
Labor and Material Pricing for Installation of Communication Cabling, Antennas and Electronic Equipment IAW Attachment 1, PWS-2019-031 FOB: Destination
5010 1 Job JMRC Nussberg Tower
FFP
Labor and Material Pricing for Installation of Communication Cabling, Antennas and Electronic Equipment IAW Attachment 1, PWS-2019-031 FOB: Destination
6000 1 Job JRTC, Interim Contractor Support (ICS)
FFP
90 Day support for JRTC, Life Cycle Support Contractor, in accordance with PWS-2019-031, Paragraph 5.10 FOB: Destination
6010 1 Job JMRC, Interim Contractor Support (ICS)
FFP
90 Day support for JMRC, Life Cycle Support Contractor, in accordance with PWS-2019-031, Paragraph 5.10 FOB: Destination
7000 1 Job JRTC, Spares Parts Package
FFP
In accordance of PWS-2019-031, Attachment 1 CLIN 7000 is To Be Negotiated (TBN) FOB: Destination
7010 1 Job JMRC, Spares Parts Package
FFP
In accordance of PWS-2019-031, Attachment 1 CLIN 7010 is To Be Negotiated (TBN) FOB: Destination
JRTC, Technical Data
IAW Exhibits A thru C CLIN 8000 is Not Separately Priced (NSP) FOB: Destination
JMRC, Technical Data
IAW Exhibits A thru C CLIN 8010 is Not Separately Priced (NSP) FOB: Destination
Contract Manpower Reporting App (CMRA)
CLIN 9000 is Not Separately Priced (NSP) FOB: Destination
Section C - Descriptions and Specifications
DESCRIPTION AND SPECIFICATION
C.1. All descriptions and specifications requirements shall be in accordance with the Performance Work Statement (PWS) PWS-2019-031, dated 9 March 2020, for solicitation no. W900KK-20-R-0058, Attachment 1. Tactical Communication Tower Replacement at the Joint Readiness Trainining Center (JRTC) and Technology Refresh at the Joint Multinational Readiness Center (JMRC); Exhibits A through C, Contract Data Requirement Listed (CDRL) dated 16 March 2020.
Section D - Packaging and Marking
D.1 Clauses applicable to Tactical Communication Tower Replacement at the Joint Readiness Training Center (JRTC) and Technology Refresh at Joint Multinational Readiness Center (JMRC) procurement that are contained in Section D of SOLICITATION NUMBER W900KK-20-R-0058 are incorporated by reference into this contract with the same force and effect as if set forth in full text.
D.2 TECHNICAL DATA PACKING INSTRUCTIONS
Technical Data and Information shall be packed and packaged for domestic shipment in accordance with best commercial practices. The package or envelope should be clearly marked with any special markings specified in this contract (or delivery/task order), e.g., Contract Number, CLIN, Device No., and document title must be on the outside of the package. Classified reports, data and documentation, if applicable, shall be prepared for shipment in accordance with Defense Industrial Manual for Safeguarding Classified Information, DoD 5220.22M.
D.3 PACKAGING REQUIREMENTS FOR SHIPMENTS CONTAINING NON-
MANUFACTURED WOOD PACKING MATERIALS
All non-manufactured, wooden pallets, reels, or containers shipped or used for shipment under this contract shall be heat treated and marked in accordance with the American Lumber Standards Committee, Incorporated Non-Manufactured Wood Packing Policy and Non-Manufactured Wood Packing Enforcement Regulations, both dated 30 May 2001.
D.4 PRESERVATION, PACKAGING, AND PACKING
(a) The contractor shall preserve, pack and package items procured for system stock, overseas destinations or ships at sea, in accordance with the MIL-STD-2073-1 Level A requirements delineated in the schedule or elsewhere in the contract or order. If specific requirements are not included in the contract or order, the contractor shall preserve and package in accordance with previously approved level A requirements, within the technical parameters contained in MIL-STD- 2073-1. Preservation and packing materials shall be fire retardant/non-combustible as prescribed in the specific packaging requirements in the contract or order, and to the maximum extent practicable.
(b) If the packaging materials specified in the contract or order are not fire retardant, and fire retardant varieties are included in commodity specifications for these materials, the contractor shall use fire retardant varieties. Fire retardant packaging materials are not required for items not used aboard ship. The use of plastic packaging materials is prohibited unless prescribed in specific packaging requirements in the contract or order, or unless required to adequately protect the item from damage
(c) For items procured for installation/immediate use, the contractor shall preserve and package in accordance with the Level C requirements of MIL-STD-2073-1. Packing for shipment (i.e., shipping container) shall be in accordance with MIL-STD-2073-1, Level A, for overseas surface shipments that are not containerized and all deliveries to ships at sea; Level B for all remaining overseas shipments; Level C or domestic shipments of items consumed at first destination. Fire retardant materials are not required in packing (i.e., shipping container) operations. All units, intermediate and shipping containers, shall be marked in accordance with MIL-STD-129. The use of shredded paper, excelsior, polystyrene and other loose-fill materials as a cushion is prohibited in all packaging and packing operation
(d) In accordance with 29 CFR, the contractor shall ensure that the following caution label is placed on all unit, intermediate and shipping containers for all items containing asbestos in a form that can be inhaled:
CAUTION
CONTAINS ASBESTOS FIBERS
AVOID CREATING DUST
BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM
(e) All items containing asbestos in a form that can be inhaled shall be packaged in sealed, impermeable bags or other impermeable containers, as required by 29 CFR.
NOTE TO SUPPLIERS: If the supplies to be furnished on this document require the asbestos caution label described above, the contractor shall notify the contract administrator indicated in the schedule prior to shipment.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
1000 Destination Government Destination Government 2000 Destination Government Destination Government 2010 Destination Government Destination Government 2020 Destination Government Destination Government 2030 Destination Government Destination Government 3000 Destination Government Destination Government 3010 Destination Government Destination Government 3020 Destination Government Destination Government 3030 Destination Government Destination Government 4000 Destination Government Destination Government 4010 Destination Government Destination Government 5000 Destination Government Destination Government 5010 Destination Government Destination Government 6000 Destination Government Destination Government 6010 Destination Government Destination Government 7000 Destination Government Destination Government 7010 Destination Government Destination Government 8000 N/A N/A N/A Government 8010 N/A N/A N/A Government 9000 N/A N/A N/A Government
CLAUSES INCORPORATED BY REFERENCE
52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-16 Responsibility For Supplies APR 1984
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
1000 31-AUG-2022 1 US ARMY PEO STRI
RANDI KAHL
12211 SCIENCE DRIVE
ORLANDO FL 32826
(407) 384-5194
W906ZL
2000 31-AUG-2022 1 (SAME AS PREVIOUS LOCATION)
2010 31-AUG-2022 1 (SAME AS PREVIOUS LOCATION)
2020 31-AUG-2022 1 (SAME AS PREVIOUS LOCATION)
2030 31-AUG-2022 1 (SAME AS PREVIOUS LOCATION)
3000 31-AUG-2022 1 (SAME AS PREVIOUS LOCATION)
3010 31-AUG-2022 1 (SAME AS PREVIOUS LOCATION)
3020 31-AUG-2022 1 (SAME AS PREVIOUS LOCATION)
3030 31-AUG-2022 1 (SAME AS PREVIOUS LOCATION)
4000 31-AUG-2022 1 (SAME AS PREVIOUS LOCATION)
4010 31-AUG-2020 1 U.S. ARMY PEO STRI
KAHL, RANDI
12211 SCIENCE DRIVE
ORLANDO FL 32826-3224
407-384-5194
5000 31-AUG-2022 1 US ARMY PEO STRI
GORDON, RONALD
12211 SCIENCE DRIVE
ORLANDO FL 32826-3224
407-3843680
5010 31-AUG-2022 1 (SAME AS PREVIOUS LOCATION)
6000 31-AUG-2022 1 US ARMY PEO STRI
RANDI KAHL
12211 SCIENCE DRIVE
ORLANDO FL 32826
(407) 384-5194
6010 31-AUG-2022 1 US ARMY PEO STRI
12211 SCIENCE DRIVE
ORLANDO FL 32826-3224
407-3843680
7000 31-AUG-2022 1 US ARMY PEO STRI
12211 SCIENCE DRIVE
ORLANDO FL 32826
(407) 384-5194
7010 N/A N/A N/A N/A
8000 31-AUG-2022 US ARMY PEO STRI
RANDI KAHL
12211 SCIENCE DRIVE
ORLANDO FL 32826
(407) 384-5194
8010 31-AUG-2022 US ARMY PEO STRI
12211 SCIENCE DRIVE
ORLANDO FL 32826-3224
407-3843680
9000 31-AUG-2022 1 US ARMY PEO STRI
12211 SCIENCE DRIVE
ORLANDO FL 32826
(407) 384-5194
52.242-15 Stop-Work Order AUG 1989 52.242-17 Government Delay Of Work APR 1984 52.247-34 F.O.B. Destination NOV 1991
Section G - Contract Administration Data
SPECIAL INSTRUCTIONS
CONTRACTOR’S AUTHORIZED CONTRACT COORDINATOR AND TECHNICAL LIAISON
(a) The contractor shall state below the name and telephone numbers of the contractor’s employees responsible for coordination of contract functions/liaison with the Contracting Officer and/or Contract administrator, and providing technical assistance as required regarding product specifications, functionality, etc.
CONTRACT COORDINATOR:
NAME: _______________________________________
PHONE (BUS): ___________________________________
PHONE (AFTER HOURS): _________________________
ALTERNATE:
NAME: _______________________________________
PHONE (BUS): ___________________________________
PHONE (AFTER HOURS): _________________________
(b) The contractor shall notify the Contracting Officer and/or Contract Administrator in advance, in writing, of any changes in the above listed personnel.
DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)
(a) The Contracting Officer has designated TBD as the authorized Contracting Officer’s Representative (COR) for this contract.
(b) The duties of the COR are limited to the following:
Randi Kahl randi.j.kahl.civ@mail.mil (407)384-5194
252.204-7006 Billing Instructions OCT 2005
CLAUSES INCORPORATED BY FULL TEXT
52.232-18 AVAILABILITY OF FUNDS (APR 1984)
Funds are not presently available for this contract. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
(End of clause)
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.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(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.
(Contracting Officer: Insert either “Invoice 2in1” or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(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 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 To be completed at time of award.
Issue By DoDAAC To be completed at time of award.
Admin DoDAAC** To be completed at time of award.
Inspect By DoDAAC To be completed at time of award.
Ship To Code To be completed at time of award.
Ship From Code To be completed at time of award.
Mark For Code To be completed at time of award.
Service Approver (DoDAAC) To be completed at time of award.
Service Acceptor (DoDAAC) To be completed at time of award.
Accept at Other DoDAAC To be completed at time of award.
LPO DoDAAC To be completed at time of award.
DCAA Auditor DoDAAC To be completed at time of award.
Other DoDAAC(s) To be completed at time of award.
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert “See Schedule” or “Not applicable.”)
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(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.
(Contracting Officer: Insert applicable information or “Not applicable.”)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
PAYMENT INSTRUCTION CHART
PAYMENT INSTRUCTION CHART
Contract/Order Payment Clause
Type of Payment Request S up pl y
S er vi ce
C on st ru ct io n
Payment Office Allocation Method
52.212-4 (Alt I), Contract Terms and Conditions— Commercial Items 52.216-7, Allowable Cost and Payment 52.232-7, Payments under Time-and-Materials and Labor-Hour Contracts
Cost Voucher X X N/A Line item specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.
52.232-1, Payments Navy Shipbuilding Invoice (Fixed Price)
X N/A N/A Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.
52.232-1, Payments;
52.232-2, Payments under Fixed-Price Research and Development Contracts;
52.232-3, Payments under Personal Services Contracts;
52.232-4, Payments under Transportation Contracts and Transportation-Related Services Contracts; and 52.232-6, Payments under Communication Service Contracts with Common Carriers
Invoice X X N/A Line Item Specific proration. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN on the deliverable line or deliverable subline item for which payment is requested.
52.232-5, Payments Under Fixed-Price Construction Contracts
Construction Payment Invoice
N/A N/A X Line Item specific by fiscal year. If there is more than one ACRN within a deliverable line or deliverable subline item, the funds will be allocated using the oldest funds. In the event of a deliverable line or deliverable subline item with two ACRNs with the same fiscal year, those amounts will be prorated to the available unliquidated funds for that year.
Contract/Order Payment Clause
Type of Payment Request S up pl y
S er vi ce
C on st ru ct io n
Payment Office Allocation Method
52.232-16, Progress Payments
Progress Payment*
X X N/A Contract-wide proration. Funds shall be allocated in the same proportion as the amount of funding currently unliquidated for each ACRN.
Progress Payments are considered contract level financing, and the “contract price” shall reflect the fixed price portion of the contract per FAR 32.501-3.
52.232-29, Terms for Financing of Purchases of Commercial Items;
52.232-30, Installment Payments for Commercial Items
Commercial Item Financing*
X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).
52.232-32, Performance- Based Payments
Performance- Based Payments*
X X N/A Specified in approved payment. The contracting officer shall specify the amount to be paid and the account(s) to be charged for each payment approval in accordance with FAR 32.207(b)(2) and 32.1007(b)(2).
252.232-7002, Progress Payments for Foreign Military Sales Acquisitions
Progress Payment*
X X N/A Allocate costs among line items and countries in a manner acceptable to the Administrative Contracting Officer.
*Liquidation of Financing Payments. Liquidation will be applied by the payment office against those ACRNs which are identified by the payment instructions for the delivery payment and in keeping with the liquidation provision of the applicable contract financing clause (i.e., progress payment, performance-based payment, or commercial item financing).
Section H - Special Contract Requirements
AUTHORIZED CHANGES
H 1. AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER
(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who visit the contractor’s facilities or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” Clause of this contract.
(b) The contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer, or is pursuant to specific authority otherwise included as a part of this contract.
(c) The Contracting Officer is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the Contracting Officer’s. In the event the contractor effects any change at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The address and telephone number of the Contracting Officer is
Jason Graham DA Civilian Branch Chief/Contracting Officer U.S. Army Contracting Command - Orlando
CCOR-CDD-A
12211 Science Drive Orlando, FL 32826-3224 Ofc: (407) 208-3079, DSN: 970-3079 jason.c.graham8.civ@mail.mil
Section I - Contract Clauses
52.202-1 Definitions NOV 2013 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-7 Anti-Kickback Procedures MAY 2014 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015 52.203-17 Contractor Employee Whistleblower Rights and Requirement
To Inform Employees of Whistleblower Rights
APR 2014
52.204-2 Security Requirements AUG 1996 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper
MAY 2011
52.204-7 System for Award Management OCT 2018 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
OCT 2018
52.204-13 System for Award Management Maintenance OCT 2018 52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.204-26 Covered Telecommunications Equipment or Services-- Representation.
DEC 2019
52.209-1 Qualification Requirements FEB 1995 52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations
NOV 2015
52.210-1 Market Research APR 2011 52.211-5 Material Requirements AUG 2000 52.215-2 Audit and Records--Negotiation OCT 2010 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--
Modifications
AUG 2011
52.215-12 Subcontractor Certified Cost or Pricing Data OCT 2010 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010 52.215-15 Pension Adjustments and Asset Reversions OCT 2010 52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications
OCT 2010
52.215-23 Limitations on Pass-Through Charges OCT 2009 52.216-7 Allowable Cost And Payment AUG 2018 52.219-6 Notice Of Total Small Business Set-Aside MAR 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations On Subcontracting MAR 2020 52.222-3 Convict Labor JUN 2003 52.222-5 Construction Wage Rate Requirements--Secondary Site of the
Work
MAY 2014
52.222-6 Construction Wage Rate Requirements AUG 2018 52.222-7 Withholding of Funds MAY 2014 52.222-8 Payrolls and Basic Records AUG 2018 52.222-9 Apprentices and Trainees JUL 2005 52.222-10 Compliance with Copeland Act Requirements FEB 1988 52.222-12 Contract Termination-Debarment MAY 2014 52.222-13 Compliance With Construction Wage Rate Requirements and
Related Regulations
MAY 2014
52.222-14 Disputes Concerning Labor Standards FEB 1988 52.222-15 Certification of Eligibility MAY 2014 52.222-17 Nondisplacement of Qualified Workers MAY 2014 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-29 Notification Of Visa Denial APR 2015 52.222-30 Construction Wage Rate Requirements--Price Adjustment
(None or Separately Specified Method)
AUG 2018
52.222-35 Equal Opportunity for Veterans OCT 2015 52.222-36 Equal Opportunity for Workers with Disabilities JUL 2014 52.222-37 Employment Reports on Veterans FEB 2016 52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-50 Combating Trafficking in Persons JAN 2019 52.222-54 Employment Eligibility Verification OCT 2015 52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997 52.223-4 Recovered Material Certification MAY 2008 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-7 Notice Of Radioactive Materials JAN 1997 52.223-9 Estimate of Percentage of Recovered Material Content for
EPA-Designated Items
MAY 2008
52.223-10 Waste Reduction Program MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons.
JUN 2016
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.225-1 Buy American--Supplies MAY 2014 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.227-1 Authorization and Consent DEC 2007 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-3 Patent Indemnity APR 1984 52.228-5 Insurance - Work On A Government Installation JAN 1997
52.228-7 Insurance--Liability To Third Persons MAR 1996 52.229-3 Federal, State And Local Taxes FEB 2013 52.230-2 Cost Accounting Standards OCT 2015 52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-1 Payments APR 1984 52.232-5 Payments under Fixed-Price Construction Contracts MAY 2014 52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-18 Availability Of Funds APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Disputes MAY 2014 52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991 52.233-3 Protest After Award AUG 1996 52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.236-3 Site Investigation and Conditions Affecting the Work APR 1984 52.236-5 Material and Workmanship APR 1984 52.236-6 Superintendence by the Contractor APR 1984 52.236-7 Permits and Responsibilities NOV 1991 52.236-9 Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements
APR 1984
52.236-11 Use and Possession Prior to Completion APR 1984 52.237-1 Site Visit APR 1984 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-2 Production Progress Reports APR 1991 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984 52.243-1 Alt II Changes--Fixed-Price (Aug 1987) - Alternate II APR 1984 52.243-6 Change Order Accounting APR 1984 52.244-6 Subcontracts for Commercial Items AUG 2019 52.245-1 Government Property JAN 2017 52.245-1 Alt I Government Property (JAN 2017) Alternate I APR 2012 52.245-9 Use And Charges APR 2012 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-12 Inspection of Construction AUG 1996 52.246-23 Limitation Of Liability FEB 1997 52.246-24 Limitation Of Liability--High-Value Items FEB 1997 52.248-1 Value Engineering OCT 2010 52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.251-1 Government Supply Sources APR 2012 52.252-5 Authorized Deviations In Provisions APR 1984
52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General AUG 2019 252.203-7004 Display of Hotline Posters AUG 2019 252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Contract Line or Subline Items Not Seperately
Priced
APR 2020
252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019 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
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7002 Disclosure Of Ownership Or Control By A Foreign
Government
JUN 2010
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 252.215-7002 Cost Estimating System Requirements DEC 2012 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7001 Buy American And Balance Of Payments Program-- Basic DEC 2017 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7043 Antiterrorism/Force Protection Policy for Defense
Contractors Outside the United States
JUN 2015
252.225-7048 Export-Controlled Items JUN 2013 252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7013 Alt I Rights in Technical Data--Noncommercial Items (FEB 2014)
- Alternate I
JUN 1995
252.227-7014 Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation
FEB 2014
252.227-7015 Technical Data--Commercial 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
252.227-7026 Deferred Delivery Of Technical Data Or Computer Software APR 1988 252.227-7027 Deferred Ordering Of Technical Data Or Computer Software APR 1988 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government
JUN 1995
252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data SEP 2016 252.229-7002 Customs Exemptions (Germany) JUN 1997 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7004 DOD Progress Payment Rates OCT 2014
252.232-7007 Limitation Of Government's Obligation APR 2014 252.232-7010 Levies on Contract Payments DEC 2006 252.233-7001 Choice of Law (Overseas) JUN 1997 252.239-7000 Protection Against Compromising Emanations OCT 2019 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.242-7005 Contractor Business Systems FEB 2012 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JUN 2013 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 Reporting Loss of Government Property DEC 2017 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.246-7001 Warranty Of Data MAR 2014 252.246-7003 Notification of Potential Safety Issues JUN 2013 252.246-7008 Sources of Electronic Parts MAY 2018
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.223-7 NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)
(a) The Contractor shall notify the Contracting Officer or designee, in writing, 120 days prior to the delivery of, or prior to completion of any servicing required by this contract of, items containing either (1) radioactive material requiring specific licensing under the regulations issued pursuant to the Atomic Energy Act of 1954, as amended, as set forth in Title 10 of the Code of Federal Regulations, in effect on the date of this contract, or (2) other radioactive material not requiring specific licensing in which the specific activity is greater than 0.002 microcuries per gram or the activity per item equals or exceeds 0.01 microcuries. Such notice shall specify the part or parts of the items which contain radioactive materials, a description of the materials, the name and activity of the isotope, the manufacturer of the materials, and any other information known to the Contractor which will put users of the items on notice as to the hazards involved (OMB No. 9000-0107).
* The Contracting Officer shall insert the number of days required in advance of delivery of the item or completion of the servicing to assure that required licenses are obtained and appropriate personnel are notified to institute any necessary safety and health precautions. See FAR 23.601(d).
(b) If there has been no change affecting the quantity of activity, or the characteristics and composition of the radioactive material from deliveries under this contract or prior contracts, the Contractor may request that the Contracting Officer or designee waive the notice requirement in paragraph (a) of this clause. Any such request shall-
(1) Be submitted in writing;
(2) State that the quantity of activity, characteristics, and composition of the radioactive material have not changed;
and
(3) Cite the contract number on which the prior notification was submitted and the contracting office to which it was submitted.
(c) All items, parts, or subassemblies which contain radioactive materials in which the specific activity is greater than 0.002 microcuries per gram or activity per item equals or exceeds 0.01 microcuries, and all containers in which such items, parts or subassemblies are delivered to the Government shall be clearly marked and labeled as required by the latest revision of MIL-STD 129 in effect on the date of the contract.
(d) This clause, including this paragraph (d), shall be inserted in all subcontracts for radioactive materials meeting the criteria in paragraph (a) of this clause.
52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUN 2013)
(a) Except as stated in paragraph (b) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:
(1) Any such clause is unenforceable against the Government.
(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an ``I agree'' click box or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap'' agreements), execution does not bind the Government or any Government authorized end user to such clause.
(3) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.
(b) Paragraph (a) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.
52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from
Jason Graham DA Civilian Branch Chief/Contracting Officer U.S. Army Contracting Command - Orlando
CCOR-CDD-A
12211 Science Drive Orlando, FL 32826-3224 Ofc: (407) 208-3079, DSN: 970-3079 jason.c.graham8.civ@mail.mil
In accordance with AFARS 5133.103(d)(4)(i), protests requesting an independent review at a level above the Contracting Officer will be handled by HQ AMC. Protests to HQ AMC shall be filed at:
Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: (256) 450-8840 or e-mail: usarmy.redstone.usamc.mbx.protests@mail.mil
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of provision)
52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM (OCT 2004)
United States law will apply to resolve any claim of breach of this contract.
52.236-2 DIFFERING SITE CONDITIONS (APR 1984)
(a) The…
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