Final_RFP_W900KK-19-R-0006-0001_Conform.pdf
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- Solicitation number
- W900KK-19-R-0006
About this file
This is a request for proposals for the Modernizing Instrumentation Solutions for Test and Evaluation (MISTE) program. The Army Materiel Command Contracting Command Orlando Contracting Center is seeking proposals to provide design, integration, fielding, and testing services for test instrumentation systems and related range infrastructure over a potential 10-year period. Key details include the requirement for separate cost or pricing data for the base period and option years, as well as separate pricing for cost reimbursement, fixed price, ODC, materials, travel, and other CLINs. Small business subcontracting goals are required.
Final RFP_W900KK-19-R-0006-0001_Conform
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CODE
(Hour)
PAGE(S)
until 02:00 PM local time 12 Jun 2019
X
A X B X C X D
EX
X
G F 99 - 111
112 - 131 X H 132 - 142 joseph.candelaria5.civ@mail.mil
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)
1 142
(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 2 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 Section L for Instructions conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
JOSEPH CANDELARIA (407) 208-3220
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 21
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
J LIST OF ATTACHMENTS
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
24 - 25 26 - 29
X K
REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
CONTRACT ADMINISTRATION DATA 30 - 34 X
SPECIAL CONTRACT REQUIREMENTS
OFFER (Must be fully completed by offeror) 35 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
36 - 95
PART II - CONTRACT CLAUSES
ARMY CONTRACTING COMMAND - ORLANDO
ATTN: BRAVO 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
96 - 98
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
25 Apr 2019
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
W900KK-19-R-0006
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 1 Each Design, Integration, Fielding, & Testing
CPFF
Year 1 through Year 5 Design/Development, Integration, Fielding, & Testing of Test Instrumentation Systems and Related Range Infrastructure in accordance with Attachment 01, MISTE Base Statement of Work PEO-STRI-2017-W071 V1.6 dated, 4 April 2019.
FOB: Destination
PSC CD: 6695
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
0002 1 Each Design, Integration, Fielding, & Testing
FFP
Year 1 through Year 5 Design/Development, Integration, Fielding, & Testing of Test Instrumentation Systems and Related Range Infrastructure in accordance with Attachment 01, MISTE Base Statement of Work PEO-STRI-2017-W071 V1.6 dated, 4 April 2019.
NET AMT
0003 1 Lot
ODC
COST
Year 1 through Year 5.
0004 1 Lot
ODC
FFP
Year 1 through Year 5.
0005 1 Lot Material
COST
Year 1 through Year 5.
0006 1 Lot Material
FFP
Year 1 through Year 5.
0007 1 Lot Travel
COST
Year 1 through Year 5.
0008 1 Lot Contract Data Requirement List
Year 1 through Year 5.
Not Separately Priced
0009 1 Lot Manpower Reporting
Year 1 through Year 5.
Not Separately Priced
0010 1 Lot Reserved
CPFF
Year 1 through Year 5.
0011 1 Lot Reserved
FFP
Year 1 through Year 5.
0012 1 Lot Reserved
CPFF
Year 1 through Year 5.
0013 1 Lot Reserved
FFP
Year 1 through Year 5.
0014 1 Lot Contractor Acquired Property
FFP
Deliver all Contractor Acquired Property (CAP) for use in the execution and management of the delivery order at the completion of the delivery order IAW DFARS Clause 252.232-7003, DFARS Clause 252.246-7000, and DFARS Appendix F or as directed by the Contracting Officer.
1001 1 Each OPTION Design, Integration, Fielding, & Testing
CPFF
Year 6 through Year 7 Design/Development, Integration, Fielding, & Testing of Test Instrumentation Systems and Related Range Infrastructure in accordance with Attachment 01, MISTE Base Statement of Work PEO-STRI-2017-W071 V1.6 dated, 4 April 2019.
1002 1 Each OPTION Design, Integration, Fielding, & Testing
FFP
Year 6 through Year 7 Design/Development, Integration, Fielding, & Testing of Test Instrumentation Systems and Related Range Infrastructure in accordance with Attachment 01, MISTE Base Statement of Work PEO-STRI-2017-W071 V1.6 dated, 4 April 2019.
1003 1 Each
OPTION ODC
COST
Year 6 through Year 7.
1004 1 Each
OPTION ODC
FFP
Year 6 through Year 7.
1005 Lot OPTION Material
COST
Year 6 through Year 7.
1006 1 Lot OPTION Material
FFP
Year 6 through Year 7.
1007 1 Each OPTION Travel
COST
Year 6 through Year 7.
1008 1 Each OPTION Contract Data Requirement List
Year 6 through Year 7.
1009 1 Each OPTION Manpower Reporting
Year 6 through Year 7.
1010 1 Each OPTION Reserved
CPFF
Year 6 through Year 7.
1011 1 Each OPTION Reserved
FFP
Year 6 through Year 7.
1012 1 Each OPTION Reserved
CPFF
Year 6 through Year 7.
1013 1 Each OPTION Reserved
FFP
Year 6 through Year 7.
2001 1 Each OPTION Design, Integration, Fielding, & Testing
CPFF
Year 8 through Year 9 Design/Development, Integration, Fielding, & Testing of Test Instrumentation Systems and Related Range in accordance with Attachment 01, MISTE Base Statement of Work PEO-STRI-2017-W071 V1.6 dated, 4 April 2019.
2002 1 Each OPTION Design, Integration, Fielding, & Testing
FFP
Year 8 through Year 9 Design/Development, Integration, Fielding, & Testing of Test Instrumentation Systems and Related Range Infrastructure in accordance with Attachment 01, MISTE Base Statement of Work PEO-STRI-2017-W071 V1.6 dated, 4 April 2019.
2003 1 Each
OPTION ODC
COST
Year 8 through Year 9.
2004 1 Each
OPTION ODC
FFP
Year 8 through Year 9.
2005 1 Lot OPTION Material
COST
Year 8 through Year 9.
2006 1 Lot OPTION Material
FFP
Year 8 through Year 9.
2007 1 Each OPTION Travel
COST
Year 8 through Year 9.
2008 1 Each
Year 8 through Year 9.
2009 1 Each
Year 8 through Year 9.
2010 1 Each OPTION Reserved
CPFF
Year 8 through Year 9.
2011 1 Each OPTION Reserved
FFP
Year 8 through Year 9.
2012 1 Each OPTION Reserved
CPFF
Year 8 through Year 9.
2013 1 Each OPTION Reserved
FFP
Year 8 through Year 9.
3001 1 Each OPTION Design, Integration, Fielding, & Testing
CPFF
Year 10 Design/Development, Integration, Fielding, & Testing of Test Instrumentation Systems and Related Range Infrastructure in accordance with Attachment 01, MISTE Base Statement of Work PEO-STRI-2017-W071 V1.6 dated, 4 April 2019.
3002 1 Each OPTION Design, Integration, Fielding, & Testing
FFP
Year 10 Design/Development, Integration, Fielding, & Testing of Test Instrumentation Systems and Related Range Infrastructure in accordance with Attachment 01, MISTE Base Statement of Work PEO-STRI-2017-W071 V1.6 dated, 4 April 2019.
3003 1 Each
OPTION ODC
COST
Year 10.
3004 1 Each
OPTION ODC
FFP
Year 10.
3005 1 Lot OPTION Material
COST
Year 10
3006 1 Lot OPTION Material
FFP
Year 10.
3007 1 Each OPTION Travel
COST
Year 10.
3008 1 Each
Year 10.
3009 1 Each
Year 10.
3010 1 Each OPTION Reserved
CPFF
Year 10.
3011 1 Each OPTION Reserved
FFP
Year 10.
3012 1 Each OPTION Reserved
CPFF
Year 10.
3013 1 Each OPTION Reserved
FFP
Year 10.
CONTRACT VALUE
CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
MINIMUM MINIMUM MAXIMUM MAXIMUM
QUANTITY AMOUNT QUANTITY AMOUNT
N/A $1,000,000.00 N/A $896,000,000.00
Section C - Descriptions and Specifications
STATEMENT OF WORK
The Statements of Work and the Performance Specifications are contained as Attachments in Section J.
Section D - Packaging and Marking
PACKAGING & MARKING
D.1 Packaging and Marking Procedures Preparation for delivery shall be in accordance with the general requirements of ASTMD-3951. The minimal packing requirements defined in paragraph 5.4 and table J-IXb, Code L, U and 6, of MILSTD-2017-1E shall also apply. Materiel shall be protected against physical and mechanical damage, and other forms of degradation during storage, multiple handling, and shipment. Protection for all electrostatic discharge sensitive items requires the use of packaging materials to counteract electrostatic and electromagnetic filed forces. Marking shall be in accordance with
MIL-STD-129R.
D.2 Software, Technical Data, and Reports The Contractor shall preserve and package required software, technical data and reports delivered under this contract to deter theft and assure safe arrival to the destination without damage to contents. All software, technical data, and reports, shall be identified by the prime contract number, name and address of the prime contractor, and where applicable, the name and address of the subcontractor generating the data.
D.3 Spare/repair Parts and Consumables Spare and Repair parts and Consumable items scheduled for shipment shall be preserved and packaged by the Contractor to provide physical and mechanical protection, multiple handling, and shipment within the Life Cycle Contractor Support distribution system. Packaging shall accommodate placement into storage for a period of one (1) year in an enclosed environmentally controlled facility and shall still be suitable for redistribution without additional repackaging. Items shipped that have been identified as potentially harmful substances shall include a Product Material Safety Data Sheets (MSDS with the packing list inside the sealed pouch attached to the outside of the package.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 N/A N/A N/A Government 0006 N/A N/A N/A Government 0007 Destination Government Destination Government 0008 Destination Government Destination Government 0009 Destination Government Destination Government 0010 Destination Government Destination Government 0011 Destination Government Destination Government 0012 Destination Government Destination Government 0013 Destination Government Destination Government 0014 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 1005 N/A N/A N/A Government 1006 N/A N/A N/A Government 1007 Destination Government Destination Government 1008 Destination Government Destination Government 1009 Destination Government Destination Government 1010 Destination Government Destination Government 1011 Destination Government Destination Government 1012 Destination Government Destination Government 1013 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 2005 N/A N/A N/A Government 2006 N/A N/A N/A Government 2007 Destination Government Destination Government 2008 Destination Government Destination Government 2009 Destination Government Destination Government 2010 Destination Government Destination Government 2011 Destination Government Destination Government 2012 Destination Government Destination Government 2013 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government
3005 N/A N/A N/A Government 3006 N/A N/A N/A Government 3007 Destination Government Destination Government 3008 Destination Government Destination Government 3009 Destination Government Destination Government 3010 Destination Government Destination Government 3011 Destination Government Destination Government 3012 Destination Government Destination Government 3013 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.242-17 Government Delay Of Work APR 1984 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984 52.246-7 Inspection Of Research And Development Fixed Price AUG 1996 52.246-8 Inspection Of Research And Development Cost
Reimbursement
MAY 2001
52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984
Section F - Deliveries or Performance
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /
CAGE
0001 60 mths. ADC 1 N/A
0002 60 mths. ADC 1 N/A
0003 60 mths. ADC 1 N/A
0004 60 mths. ADC 1 N/A
0005 N/A N/A N/A N/A
0006 N/A N/A N/A N/A
0007 60 mths. ADC 1 N/A
0008 60 mths. ADC 1 N/A
0009 60 mths. ADC 1 N/A
0010 60 mths. ADC 1 N/A
0011 60 mths. ADC 1 N/A
0012 60 mths. ADC 1 N/A
0013 60 mths. ADC 1 N/A
0014 N/A N/A N/A N/A
1001 84 mths. ADC 1 N/A
1002 84 mths. ADC 1 N/A
1003 84 mths. ADC 1 N/A
1004 84 mths. ADC 1 N/A
1005 N/A N/A N/A N/A
1006 N/A N/A N/A N/A
1007 84 mths. ADC 1 N/A
1008 84 mths. ADC 1 N/A
1009 84 mths. ADC 1 N/A
1010 84 mths. ADC 1 N/A
1011 84 mths. ADC 1 N/A
1012 84 mths. ADC 1 N/A
1013 84 mths. ADC 1 N/A
2001 108 mths. ADC 1 N/A
2002 108 mths. ADC 1 N/A
2003 108 mths. ADC 1 N/A
2004 108 mths. ADC 1 N/A
2005 N/A N/A N/A N/A
2006 N/A N/A N/A N/A
2007 108 mths. ADC 1 N/A
2008 108 mths. ADC 1 N/A
2009 108 mths. ADC 1 N/A
2010 108 mths. ADC 1 N/A
2011 108 mths. ADC 1 N/A
2012 108 mths. ADC 1 N/A
2013 108 mths. ADC 1 N/A
3001 120 mths. ADC 1 N/A
3002 120 mths. ADC 1 N/A
3003 120 mths. ADC 1 N/A
3004 120 mths. ADC 1 N/A
3005 N/A N/A N/A N/A
3006 N/A N/A N/A N/A
3007 120 mths. ADC 1 N/A
3008 120 mths. ADC 1 N/A
3009 120 mths. ADC 1 N/A
3010 120 mths. ADC 1 N/A
3011 120 mths. ADC 1 N/A
3012 120 mths. ADC 1 N/A
3013 120 mths. ADC 1 N/A
52.211-17 Delivery of Excess Quantities SEP 1989 52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.242-17 Government Delay Of Work APR 1984 52.247-29 F.O.B. Origin FEB 2006 52.247-34 F.O.B. Destination NOV 1991
Section G - Contract Administration Data
PGI 204.7108 PAYMENT INSTRUCTI
PGI 204.7108 Payment instructions. (See DFARS 204.7108, DFARS/PGI view)
(a) Scope. This section applies to contracts and orders that are funded by multiple accounting classification citations and—
(1) Include deliverable line items or deliverable subline items (see FAR 4.1005-1) that are funded by multiple accounting classification citations;
(2) Contain cost-reimbursement or time-and-materials/labor-hour line items; or
(3) Authorize financing payments.
(b) For contracts and orders covered by this subpart—
(1) The contracting officer shall link to the table at (b)(2) (https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions), in Section G of the contract, or equivalent, including contracts with incrementally funded line items. When some, but not all, of the fixed price line items in a contract are subject to contract financing payments, the contracting officer shall clearly identify to which line items the payment clause(s) included in Section I apply.
(2) The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the table below based on the type of payment request submitted (see DFARS 252.232-7006) and the type of effort.
(c) Reserved.
(d) The numbered payment instructions ((d)(1) through (11)) are replaced by the table at paragraph (b)(2) of this section.
(12) Other. If none of the payment instructions identified in paragraph (b)(2) of this section are appropriate (i.e., multiple lot progress payments), the contracting officer may insert other payment instructions, provided the other payment instructions—
(i) Provide a significantly better reflection of how funds will be expended in support of contract performance; and
(ii) Are agreed to by the payment office and the contract administration office. A copy of the agreement will be kept in the contract file.
CLAUSES INCORPORATED BY FULL TEXT
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.
TBD at individual Delivery Order level
(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.
TBD at individual Delivery Order level
(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.
TBD at individual Delivery Order level
[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*
TBD at individual Delivery Order level
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC ____
Issue By DoDAAC ____
Admin DoDAAC** ____
Inspect By DoDAAC ____
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) ____
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*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.
Ron Crowder ronald.j.crowder.civ@mail.mil 407-208-3032 Group Administrator (GAM), WAWF (primary)
Tom Bunch thomas.j.bunch.civ@mail.mil 407-384-3792 GAM – WAWF (alternate)
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
CONTRACT ADMINISTRATION
G.1 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: TBD at individual Delivery Order level
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.
G.2 DESIGNATION OF CONTRACTING OFFICER’S REPRESENTATIVE (COR)
(a) The Contracting Officer has designated TBD at individual Delivery Order level as needed as the authorized Contracting Officer’s Representative (COR) for this contract.
(b) The duties of the COR are limited to the following:
1. Ensure contractor personnel requiring access to the Government facilities adhere to the check-in and out procedures.
2. Work cooperatively with members of the acquisition team.
3. Review, comment, and report on the contractor's progress and ensure the contractor complies with reporting requirements.
4. Read and understand the COR’s role and responsibilities in the Contractor Performance Assessment Reporting Systems (CPARS) process to include maintaining documentation that supports the CPARS assessments.
5. Provide an independent government estimate of desired or ordered work.
6. Keep track of funds expended and remaining funds available so as not to overspend on the contract or order.
7. Accept services and/or deliverables when completed, unless otherwise specified in the contract or order, and certify when all deliverables have been accepted by the government.
8. Pay particular attention to the timely review of invoices (as applicable).
9. Obtain refresher training as required by the Contracting Officer.
10. Promptly notify and provide recommended corrective action to the Contracting Officer and the COR’s superior of any of the following:
a. Any violation of or deviation from the technical requirements of the contract.
b. Inefficient or wasteful methods in use by the contractor, including the contractor exceeding the requirements of the order or contract.
c. Any contractor request for changes to the contract.
d. Issues that require clarification or resolution.
e. Instances where funds may be insufficient to complete the contract or order.
f. Conditions requiring a replacement for you as COR.
g. Improper use of government material, equipment, or property.
11. Ensure the contract does not become a vehicle for personal services.
12. Review engineering studies, design, or value engineering proposals submitted by the contractor to determine their feasibility.
13. When required, review, comment, and report on the annual and final performance assessment reports of the contractor as to compliance with technical instructions, timeliness, and any problems associated with the contract or order, in a timely manner.
14. Address contribution in the annual performance review.
G.3 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: Mr. Daniel Veenstra, Officer, 12211 Science Drive, Orlando, FL 32826 Phone: (407) 208-3308.
G.4 SMALL BUSINESS PARTICIPATION
A. Small Business Participation data shall be submitted on a semi-annual basis in accordance with the Small Business Participation Commitment form or CDRL, Attachment 3 in Section J. If, at any time during contract performance, the Contracting Officer determines that Small Business participation levels are not being maintained at or above the requirement, the Contractor will be required to submit a plan for reallocating resources in a manner that will ensure the requirement will be met. The reallocation plan should be submitted no later than 15 days after notice from the Contracting Officer and implementation should begin within 20 days thereafter.
B. Awardees proposed Small Business Participation Commitment Document and requirements will be incorporated into the resulting contract as a Section J attachment. Small Business participation dollars and percentages shall be measured by comparing the total actual contract dollars performed by Small Business concerns to the total yearly obligated value of the contract inclusive of all Delivery Order(s) in EACH 12 months of performance of five (5) year base, in EACH 12 months of performance in the two (2) – two year options and in the last 12 months of performance for the last one year option period of performance. Failure to meet the overall Small Business Participation in each 12 months of performance beginning upon contract award will affect the assessment provided in the Contractor Performance Assessment Report under Small Business Subcontracting.
Section H - Special Contract Requirements
52.234-4 EARNED VALUE MANAGEMENT SYSTEM (NOV 2016)
(a) The Contractor shall use an earned value management system (EVMS) that has been determined by the Cognizant Federal Agency (CFA) to be compliant with the guidelines in Electronic Industries Alliance Standard 748 (EIA-748) (current version at the time of award) to manage this contract. If the Contractor's current EVMS has not been determined compliant at the time of award, see paragraph (b) of this clause. The Contractor shall submit reports in accordance with the requirements of this contract.
(b) If, at the time of award, the Contractor's EVM System has not been determined by the CFA as complying with EVMS guidelines or the Contractor does not have an existing cost/schedule control system that is compliant with the guidelines in EIA-748 (current version at time of award), the Contractor shall--
(1) Apply the current system to the contract; and
(2) Take necessary actions to meet the milestones in the Contractor's EVMS plan approved by the Contracting Officer.
(c) The Government will conduct an Integrated Baseline Review (IBR). If a pre-award IBR has not been conducted, a post award IBR shall be conducted as early as practicable after contract award.
(d) The Contracting Officer may require an IBR at--
(1) Exercise of significant options; or
(2) Incorporation of major modifications.
(e) Unless a waiver is granted by the CFA, Contractor proposed EVMS changes require approval of the CFA prior to implementation. The CFA will advise the Contractor of the acceptability of such changes within 30 calendar days after receipt of the notice of proposed changes from the Contractor. If the advance approval requirements are waived by the CFA, the Contractor shall disclose EVMS changes to the CFA at least 14 calendar days prior to the effective date of implementation.
(f) The Contractor shall provide access to all pertinent records and data requested by the Contracting Officer or an authorized representative as necessary to permit Government surveillance to ensure that the EVMS conforms, and continues to conform, with the performance criteria referenced in paragraph (a) of this clause.
(g) The Contractor shall require the subcontractors specified below to comply with the requirements of this clause:
(Insert list of applicable subcontractors.)
Section I - Contract Clauses
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 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government
(Sep 2006) -- Alternate I
OCT 1995
52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights
APR 2014
52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements
JAN 2017
52.204-2 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 52.204-16 Commercial and Government Entity Code Reporting JUL 2016 52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-21 Basic Safeguarding of Covered Contractor Information
Systems
JUN 2016
52.204-22 Alternative Line Item Proposal JAN 2017 52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other Covered Entities.
JUL 2018
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 52.215-9 Changes or Additions to Make-or-Buy Program OCT 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data AUG 2011 52.215-14 Integrity of Unit Prices 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 52.216-8 Fixed Fee JUN 2011 52.216-11 Alt I Cost Contract--No Fee (Apr 1984) Alternate I APR 1984 52.216-26 Payments Of Allowable Costs Before Definitization DEC 2002 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-16 Liquidated Damages-Subcontracting Plan JAN 1999 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor -- Cooperation with Authorities and Remedies JAN 2018
52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 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 MAR 2015 52.222-54 Employment Eligibility Verification OCT 2015 52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011 52.223-6 Drug-Free Workplace MAY 2001 52.223-10 Waste Reduction Program MAY 2011 52.223-11 Ozone-Depleting Substances and High Global Warming
Potential Hydrofluorocarbons.
JUN 2016
52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-16 Acquisition of EPEAT (R) - Registered Personal Computer
Products
OCT 2015
52.223-16 Alt I Acquisition of EPEAT - Registered Personal Computer Products - Alternate I
JUN 2014
52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving
AUG 2011
52.224-1 Privacy Act Notification APR 1984 52.224-2 Privacy Act APR 1984 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 52.227-1 Alt I Authorization And Consent (Dec 2007) - Alternate I APR 1984 52.227-2 Notice And Assistance Regarding Patent And Copyright
Infringement
DEC 2007
52.227-3 Patent Indemnity APR 1984 52.227-9 Refund Of Royalties APR 1984 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 52.232-2 Payments Under Fixed-Price Research And Development
Contracts
APR 1984
52.232-8 Discounts For Prompt Payment FEB 2002 52.232-11 Extras APR 1984 52.232-18 Availability Of Funds APR 1984 52.232-20 Limitation Of Cost APR 1984 52.232-22 Limitation Of Funds APR 1984 52.232-23 Assignment Of Claims MAY 2014 52.232-33 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
52.233-3 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 52.234-1 Industrial Resources Developed Under Title III, Defense
Production Act
SEP 2016
52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-2 Production Progress Reports APR 1991
52.242-3 Penalties for Unallowable Costs MAY 2014 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-5 Payments to Small Business Subcontractors JAN 2017 52.242-13 Bankruptcy JUL 1995 52.242-14 Suspension of Work APR 1984 52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.243-1 Changes--Fixed Price AUG 1987 52.243-1 Alt IV Changes--Fixed-Price (Aug 1987) - Alternate IV APR 1984 52.243-2 Changes--Cost-Reimbursement AUG 1987 52.243-2 Alt V Changes--Cost-Reimbursement (Aug 1987) - Alternate V APR 1984 52.244-2 Alt I Subcontracts (Oct 2010) - Alternate I JUN 2007 52.245-1 Government Property JAN 2017 52.245-2 Government Property Installation Operation Services APR 2012 52.245-9 Use And Charges APR 2012 52.246-2 Inspection Of Supplies--Fixed Price AUG 1996 52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984 52.246-7 Inspection Of Research And Development Fixed Price AUG 1996 52.246-8 Inspection Of Research And Development Cost
Reimbursement
MAY 2001
52.246-9 Inspection Of Research And Development (Short Form) APR 1984 52.246-15 Certificate of Conformance APR 1984 52.246-16 Responsibility For Supplies APR 1984 52.246-17 Warranty Of Supplies Of A Noncomplex Nature JUN 2003 52.246-18 Warranty Of Supplies Of A Complex Nature MAY 2001 52.246-19 Warranty Of Systems And Equipment Under Performance
Specifications Or Design Criteria
MAY 2001
52.246-24 Limitation Of Liability--High-Value Items FEB 1997 52.247-29 F.O.B. Origin FEB 2006 52.247-34 F.O.B. Destination NOV 1991 52.247-64 Preference for Privately Owned U.S. - Flag Commercial
Vessels
FEB 2006
52.247-64 Alt I Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) - Alternate I
APR 2003
52.249-2 Termination For Convenience Of The Government (Fixed- Price)
APR 2012
52.249-5 Termination For Convenience Of The Government (Educational And Other Nonprofit Institutions)
AUG 2016
52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-7 Termination (Fixed-Price Architect-Engineer) APR 1984 52.249-8 Default (Fixed-Price Supply & Service) APR 1984 52.249-8 Alt I Default (Fixed-Price Supply and Service) (Apr 1984) -
Alternate I
APR 1984
52.249-9 Default (Fixed-Priced Research And Development) APR 1984 52.249-14 Excusable Delays APR 1984 52.253-1 Computer Generated Forms JAN 1991 252.201-7000 Contracting Officer's Representative DEC 1991 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013 252.203-7003 Agency Office of the Inspector General DEC 2012
252.203-7004 Display of Hotline Posters OCT 2016 252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7005 Oral Attestation of Security Responsibilities NOV 2001 252.204-7006 Billing Instructions OCT 2005 252.204-7007 Alternate A, Annual Representations and Certifications DEC 2018 252.204-7008 Compliance With Safeguarding Covered Defense Information
Controls
OCT 2016
252.204-7010 Requirement for Contractor to Notify DoD if the Contractor's Activities are Subject to Reporting Under the U.S.- International Atomic Energy Agency Additional Protocol
JAN 2009
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support
MAY 2016
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of Terrorism
OCT 2015
252.209-7008 Notice of Prohibition Relating to Organizational Conflict of Interest--Major Defense Acquisition Program
DEC 2010
252.209-7009 Organizational Conflict of Interest--Major Defense Acquisition Program
OCT 2015
252.211-7003 Item Unique Identification and Valuation MAR 2016 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010 252.215-7002 Cost Estimating System Requirements DEC 2012 252.215-7009 Proposal Adequacy Checklist JAN 2014 252.215-7010 Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data
JAN 2018
252.216-7009 Allowability of Legal Costs Incurred in Connection With a Whistleblower Proceeding
SEP 2013
252.219-7003 Small Business Subcontracting Plan (DOD Contracts) DEC 2018 252.219-7004 Small Business Subcontracting Plan (Test Program) APR 2018 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013 252.225-7002 Qualifying Country Sources As Subcontractors DEC 2017 252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award
OCT 2015
252.225-7008 Restriction on Acquisition of Specialty Metals MAR 2013 252.225-7012 Preference For Certain Domestic Commodities DEC 2017 252.225-7013 Duty-Free Entry--Basic MAY 2016 252.225-7016 Restriction On Acquisition Of Ball and Roller Bearings JUN 2011 252.225-7048 Export-Controlled Items JUN 2013 252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns
SEP 2004
252.227-7000 Non-estoppel OCT 1966 252.227-7010 License to Other Government Agencies AUG 1984
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 252.227-7017 Identification and Assertion of Use, Release, or Disclosure
Restrictions
JAN 2011
252.227-7025 Limitations on the Use or Disclosure of Government- Furnished Information Marked with Restrictive Legends
MAY 2013
252.227-7028 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 252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
JUN 2012
252.232-7010 Levies on Contract Payments DEC 2006 252.235-7000 Indemnification Under 10 U. S. C. 2354 Fixed Price DEC 1991 252.235-7001 Indemnification Under U. S. C. 2354--Cost Reimbursement DEC 1991 252.239-7000 Protection Against Compromising Emanations JUN 2004 252.239-7001 Information Assurance Contractor Training and Certification JAN 2008 252.239-7013 Obligation Of The Government JUL 2006 252.241-7001 Government Access DEC 1991 252.242-7005 Contractor Business Systems FEB 2012 252.242-7006 Accounting System Administration FEB 2012 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2012 252.245-7001 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 252.246-7005 Notice of Warranty Tracking of Serialized Items MAR 2016 252.246-7006 Warranty Tracking of Serialized Items MAR 2016 252.246-7007 Contractor Counterfeit Electronic Part Detection and
Avoidance System
AUG 2016
252.246-7008 Sources of Electronic Parts MAY 2018 252.247-7023 Transportation of Supplies by Sea APR 2014 252.249-7002 Notification of Anticipated Contract Termination or
Reduction
OCT 2015
52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT (OCT 2015)
(a) Definitions. As used in this clause--
Agent means any individual, including a director, an officer, an employee, or an independent Contractor, authorized to act on behalf of the organization.
Full cooperation—
(1) Means disclosure to the Government of the information sufficient for law enforcement to identify the nature and extent of the offense and the individuals responsible for the conduct. It includes providing timely and complete response to Government auditors' and investigators' request for documents and access to employees with information;
(2) Does not foreclose any Contractor rights arising in law, the FAR, or the terms of the contract. It does not require-
(i) A Contractor to waive its attorney-client privilege or the protections afforded by the attorney work product doctrine; or
(ii) Any officer, director, owner, or employee of the Contractor, including a sole proprietor, to waive his or her attorney client privilege or Fifth Amendment rights; and
(3) Does not restrict a Contractor from--
(i) Conducting an internal investigation; or
(ii) Defending a proceeding or dispute arising under the contract or related to a potential or disclosed violation.
Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).
Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract.
Subcontractor means any supplier, distributor, vendor, or firm that furnished supplies or services to or for a prime contractor or another subcontractor.
United States means the 50 States, the District of Columbia, and outlying areas.
(b) Code of business ethics and conduct. (1) Within 30 days after contract award, unless the Contracting Officer establishes a longer time period, the Contractor shall--
(i) Have a written code of business ethics and conduct;
(ii) Make a copy of the code available to each employee engaged in performance of the contract.
(2) The Contractor shall--
(i) Exercise due diligence to prevent and detect criminal conduct; and
(ii) Otherwise promote an organizational culture that encourages ethical conduct and a commitment to compliance with the law.
(3)(i) The Contractor shall timely disclose, in writing, to the agency Office of the Inspector General (OIG), with a copy to the Contracting Officer, whenever, in connection with the award, performance, or closeout of this contract or any subcontract thereunder, the Contractor has credible evidence that a principal, employee, agent, or subcontractor of the Contractor has committed--
(A) A violation of Federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or
(B) A violation of the civil False Claims Act (31 U.S.C. 3729-3733).
(ii) The Government, to the extent permitted by law and regulation, will safeguard and treat information obtained pursuant to the Contractor's disclosure as confidential where the information has been marked “confidential” or “proprietary” by the company. To the extent permitted by law and regulation, such information will not be released by the Government to the public pursuant to a Freedom of Information Act request, 5 U.S.C. Section 552, without prior notification to the Contractor. The Government may transfer documents provided by the Contractor to any department or agency within the Executive Branch if the information relates to matters within the organization's jurisdiction.
(iii) If the violation relates to an order against a Governmentwide acquisition contract, a multi-agency contract, a multiple-award schedule contract such as the Federal Supply Schedule, or any other procurement instrument intended for use by multiple agencies, the Contractor shall notify the OIG of the ordering agency and the IG of the agency responsible for the basic contract.
(c) Business ethics awareness and compliance program and internal control system. This paragraph (c) does not apply if the Contractor has represented itself as a small business concern pursuant to the award of this contract or if this contract is for the acquisition of a commercial item as defined at FAR 2.101. The Contractor shall establish the following within 90 days after contract award, unless the Contracting Officer establishes a longer time period:
(1) An ongoing business ethics awareness and compliance program.
(i) This program shall include reasonable steps to communicate periodically and in a practical manner the Contractor's standards and procedures and other aspects of the Contractor's business ethics awareness and compliance program and internal control system, by conducting effective training programs and otherwise disseminating information appropriate to an individual's respective roles and responsibilities.
(ii) The training conducted under this program…
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