W9115124R0030_issued 24Oct2024.pdf

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63 - 87 H 88 - 98 ingrid.v.smith.civ@army .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 98

(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.

W91151 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and N/A 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

N/A (See L.2) conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

INGRID V. SMITH

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

1 - 3 4 - 13

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

14 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

16 - 17 X K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 18 - 19 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

20 - 51

PART II - CO NTRACT CLAUSES

MICC-FORT CAVAZOS WSMR BRANCH

143 CROZIER ST.

WHITE SANDS MISSILE RANGE NM 88002

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

24 Oct 2024

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W9115124R0030

Section A - Solicitation/Contract Form

SECTION A

Section A - Solicitation/Contract Form

A.1 Introduction.

A.1.1 Section A is provided as an administrative convenience and is not intended to alter the terms and conditions of this solicitation in any way. Any inconsistencies between Section A and other provisions of the Request for Proposals (RFP) herein shall be resolved in favor of the RFP outside of Section A.

A.1.2 White Sands Test Center (WSTC), as a tenant on White Sands Missile Range (WSMR), is located in New Mexico. The WSTC mission is to plan, conduct, and integrate developmental testing, independent operational testing, independent evaluation, assessment, and experiments to provide essential information to soldiers and to the acquisition decision makers support the American warfighter. The Mission and Installation Contracting Command Theater Support Center (MICC-TSC) has a requirement from WSTC to provide the aforementioned non-personal services for test engineering and analysis, software development, and test support to WSMR and its tenants, known as the Test Engineering and Analysis Services (TEAS) requirement.

Specific functional areas include test planning, coordination, execution, and reporting of test results; data collection, management, and analysis; engineering and technical support; software analysis; Manpower and Personnel Integrations (MANPRINT); foreign national / media escorts; program management; and flight safety and systems engineering support services. The objective of the TEAS effort is for the awardee to furnish all services necessary for and incidental to the requirements set forth in the Performance Work Statement (PWS).

A.2. Summary.

A.2.1 TEAS is a total 8(a) small business set-aside.

A.2.2 This RFP will result in a Cost-Plus Fixed-Fee (CPFF) contract with Firm Fixed Price (FFP), Cost, and CPFF Contract Line Item Numbers (CLINs) as set forth at Section B. The Period of Performance specifies a thirty (30) day contract Phase-in, eleven (11) month base period, and four, one-year option periods. FAR 52.217-8 will be included in the contract.

A.2.3 Offerors may submit Requests for Information (RFIs) up to 3:00 PM Eastern Standard Time (EST) on 06 Nov 2024, as set forth at L.1.4.

A.2.4 Offerors shall ensure compliance with L.3.3.2, as applicable. Failure to provide the information within seven (7) calendar days of RFP issuance may result in the proposal being removed from award consideration.

A.3 RFP Closing

A.3.1 In accordance with (IAW) the proposal instructions outlined in the proposal submission requirements at L.2 and its subparts, proposals are due no later than 3:00 PM EST on 26 Nov 2024.

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Labor - Base Year (11 Months)

CPFF

Labor to support all PWS sections at Part 5.

FOB: Destination

PSC CD: R425

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Travel and Materials - Base Year (11 Mo)

COST

Other Direct Costs - No Fee Allowed.

Travel and Material required in support of the TEAS PWS. The Contractor shall be reimbursed for the cost of approved materials or travel. Offerors are not to propose a cost when submitting proposals.

0003 11 Months CDRLs - Base Year (11 Mo)

FFP

The Contractor shall perform IAW the PWS and CDRLs at Technical Exhibit 6.

The monthly invoice shall include the Contractor's Certificate of Conformance that all CDRLs required for delivery during the reporting period have been submitted, IAW the required delivery schedule.

NET AMT

Manpower Reporting - Base Year (11 Mo)

FFP

Contractor is required to provide data on Contractor manpower (including subcontractor manpower) for performance of this contract IAW the PWS. The price, if any, for providing this data shall be entered into the space provided at this CLIN. If there is no separate price associated with providing the data, enter “Not Separately Priced” or "NSP". Instructions, including the Contractor and Subcontractor User Guides, are available at the CMRA website at: www.sam.gov

0005 30 Days Phase In

FFP

The Contractor shall perform Phase In requirements IAW 1.6.22 and its subparts of the PWS.

OPTION Labor - Option Year One (1)

CPFF

Labor to support all PWS sections at Part 5.

OPTION Travel and Materials - Option Year 1

COST

Other Direct Costs - No Fee Allowed.

Travel and Material required in support of the TEAS PWS. The Contractor shall be reimbursed for the cost of approved materials or travel. Offerors are not to propose a cost when submitting proposals.

1003 12 Months OPTION CDRLs - Option Year 1

FFP

The Contractor shall perform IAW the PWS and CDRLs at Technical Exhibit 6.

The monthly invoice shall include the Contractor's Certificate of Conformance that all CDRLs required for delivery during the reporting period have been submitted, IAW the required delivery schedule.

OPTION Manpower Reporting - Option Year 1

FFP

Contractor is required to provide data on Contractor manpower (including subcontractor manpower) for performance of this contract IAW the PWS. The price, if any, for providing this data shall be entered into the space provided at this CLIN. If there is no separate price associated with providing the data, enter “Not Separately Priced” or "NSP". Instructions, including the Contractor and Subcontractor User Guides, are available at the CMRA website at: www.sam.gov

OPTION Labor - Option Year Two (2)

CPFF

Labor to support all PWS sections at Part 5.

OPTION Travel and Materials - Option Year 2

COST

Other Direct Costs - No Fee Allowed.

Travel and Material required in support of the TEAS PWS. The Contractor shall be reimbursed for the cost of approved materials or travel. Offerors are not to propose a cost when submitting proposals.

2003 12 Months OPTION CDRLs - Option Year 2

FFP

The Contractor shall perform IAW the PWS and CDRLs at Technical Exhibit 6.

The monthly invoice shall include the Contractor's Certificate of Conformance that all CDRLs required for delivery during the reporting period have been submitted, IAW the required delivery schedule.

OPTION Manpower Reporting - Option Year 2

FFP

Contractor is required to provide data on Contractor manpower (including subcontractor manpower) for performance of this contract IAW the PWS. The price, if any, for providing this data shall be entered into the space provided at this CLIN. If there is no separate price associated with providing the data, enter “Not Separately Priced” or "NSP". Instructions, including the Contractor and Subcontractor User Guides, are available at the CMRA website at: www.sam.gov

OPTION Labor - Option Year Three (3)

CPFF

Labor to support all PWS sections at Part 5.

OPTION Travel and Materials - Option Year 3

COST

Other Direct Costs - No Fee Allowed.

Travel and Material required in support of the TEAS PWS. The Contractor shall be reimbursed for the cost of approved materials or travel. Offerors are not to propose a cost when submitting proposals.

3003 12 Months OPTION CDRLs - Option Year 3

FFP

The Contractor shall perform IAW the PWS and CDRLs at Technical Exhibit 6.

The monthly invoice shall include the Contractor's Certificate of Conformance that all CDRLs required for delivery during the reporting period have been submitted, IAW the required delivery schedule.

OPTION Manpower Reporting - Option Year 3

FFP

Contractor is required to provide data on Contractor manpower (including subcontractor manpower) for performance of this contract IAW the PWS. The price, if any, for providing this data shall be entered into the space provided at this CLIN. If there is no separate price associated with providing the data, enter “Not Separately Priced” or "NSP". Instructions, including the Contractor and Subcontractor User Guides, are available at the CMRA website at: www.sam.gov

OPTION Labor - Option Year Four (4)

CPFF

Labor to support all PWS sections at Part 5.

OPTION Travel and Materials - Option Year 4

COST

Other Direct Costs - No Fee Allowed.

Travel and Material required in support of the TEAS PWS. The Contractor shall be reimbursed for the cost of approved materials or travel. Offerors are not to propose a cost when submitting proposals.

4003 12 Months OPTION CDRLs - Option Year 4

FFP

The Contractor shall perform IAW the PWS and CDRLs at Technical Exhibit 6.

The monthly invoice shall include the Contractor's Certificate of Conformance that all CDRLs required for delivery during the reporting period have been submitted, IAW the required delivery schedule.

OPTION Manpower Reporting - Option Year 4

FFP

Contractor is required to provide data on Contractor manpower (including subcontractor manpower) for performance of this contract IAW the PWS. The price, if any, for providing this data shall be entered into the space provided at this CLIN. If there is no separate price associated with providing the data, enter “Not Separately Priced” or "NSP". Instructions, including the Contractor and Subcontractor User Guides, are available at the CMRA website at: www.sam.gov

While the labor hours will fluctuate up and down based on customer needs, the CPFF contract type CLIN fee will be fixed, and divided equally by the twelve month period of performance (or eleven months for the base period), and payable at the end of each month.

IAW FAR 16.306 fee changes MAY apply based on changes to scope. IAW 52.246-5, adjustments to fixed fee MAY apply for changes to work performed, re-work, and/or non-conforming work.

Section C - Descriptions and Specifications

PERFORMANCE WORK STATEMENT

The Performance Work Statement (PWS) is incorporated as Attachment 1 to the solicitation herein.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government 0002 Destination Government Destination Government 0003 Destination Government Destination Government 0004 Destination Government Destination Government 0005 Destination Government Destination Government 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 1004 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 2004 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 3004 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 4004 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-4 Inspection Of Services--Fixed Price AUG 1996 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-JUN-2025 TO

31-MAY-2026

N/A CDR WHITE SANDS MISSILE RANGE

CDR WHITE SANDS MISSILE RANGE

100 HEADQUARTERS AVENUE

WHITE SANDS NM 88002

W81C39

0002 POP 01-JUN-2025 TO

31-MAY-2026

N/A COMMANDER, US ARMY WSMR

WHITE SANDS MISSILE RANGE

100 HEADQUARTERS

WHITE SANDS MISSILE RANGE, NM NM

88002

0003 POP 01-JUN-2025 TO

31-MAY-2026

N/A CDR WHITE SANDS MISSILE RANGE

CDR WHITE SANDS MISSILE RANGE

100 HEADQUARTERS AVENUE

WHITE SANDS NM 88002

0004 31-OCT-2025 (SAME AS PREVIOUS LOCATION)

0005 POP 01-MAY-2025 TO

31-MAY-2025

N/A (SAME AS PREVIOUS LOCATION)

1001 POP 01-JUN-2026 TO

31-MAY-2027

N/A (SAME AS PREVIOUS LOCATION)

1002 POP 01-JUN-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

1003 POP 01-JUN-2026 TO

N/A (SAME AS PREVIOUS LOCATION)

1004 31-OCT-2027 (SAME AS PREVIOUS LOCATION)

2001 POP 01-JUN-2027 TO

31-MAY-2028

N/A (SAME AS PREVIOUS LOCATION)

2002 POP 01-JUN-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

2003 POP 01-JUN-2027 TO

N/A (SAME AS PREVIOUS LOCATION)

2004 31-OCT-2028 (SAME AS PREVIOUS LOCATION)

3001 POP 01-JUN-2028 TO

31-MAY-2029

N/A (SAME AS PREVIOUS LOCATION)

3002 POP 01-JUN-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

3003 POP 01-JUN-2028 TO

N/A (SAME AS PREVIOUS LOCATION)

3004 31-OCT-2029 (SAME AS PREVIOUS LOCATION)

4001 POP 01-JUN-2029 TO

31-MAY-2030

N/A (SAME AS PREVIOUS LOCATION)

4002 POP 01-JUN-2029 TO

N/A (SAME AS PREVIOUS LOCATION)

4003 POP 01-JUN-2029 TO

N/A (SAME AS PREVIOUS LOCATION)

4004 31-OCT-2030 (SAME AS PREVIOUS LOCATION)

52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984

Section G - Contract Administration Data

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.

(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.

https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

Invoice 2in1

(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.

(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 HQ0490 Issue By DoDAAC W91151 Admin DoDAAC** W91151 Inspect By DoDAAC W81C39 Ship To Code W81C39 Ship From Code ____ Mark For Code ____ Service Approver (DoDAAC) W81C39 Service Acceptor (DoDAAC) W81C39 Accept at Other DoDAAC ____ LPO DoDAAC ____ DCAA Auditor DoDAAC ____ Other DoDAAC(s) ____

(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.

Requesting Activity: TBD Contract Specialist: TBD Contracting Officer: TBD

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

Section I - Contract Clauses

52.202-1 Definitions JUN 2020 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 JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 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

JUN 2020

52.203-13 Contractor Code of Business Ethics and Conduct NOV 2021 52.203-16 Preventing Personal Conflicts of Interest JUN 2020 52.204-2 Security Requirements MAR 2021 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

MAY 2011

52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

JUN 2020

52.204-12 Unique Entity Identifier Maintenance OCT 2016 52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.204-21 Basic Safeguarding of Covered Contractor Information Systems

NOV 2021

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.207-3 Right of First Refusal of Employment MAY 2006 52.208-9 Contractor Use of Mandatory Sources of Supply or Services MAY 2014 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

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 NOV 2021 52.215-2 Audit and Records--Negotiation JUN 2020 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

JUN 2020

52.215-12 Subcontractor Certified Cost or Pricing Data JUN 2020 52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications JUN 2020 52.215-14 Alt I Integrity of Unit Prices (NOV 2021) - Alternate I OCT 1997

52.215-15 Pension Adjustments and Asset Reversions OCT 2010 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 52.215-20 Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data

NOV 2021

52.215-21 Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data -- Modifications

NOV 2021

52.215-23 Limitations on Pass-Through Charges JUN 2020 52.216-8 Fixed Fee JUN 2011 52.219-6 Notice Of Total Small Business Set-Aside NOV 2020 52.219-8 Utilization of Small Business Concerns OCT 2018 52.219-14 Limitations On Subcontracting SEP 2021 52.219-31 Notice of Small Business Reserve MAR 2020 52.222-1 Notice To The Government Of Labor Disputes FEB 1997 52.222-3 Convict Labor JUN 2003 52.222-4 Contract Work Hours and Safety Standards - Overtime

Compensation

MAY 2018

52.222-20 Contracts for Materials, Supplies, Articles, and Equipment JUN 2020 52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-41 Service Contract Labor Standards AUG 2018 52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option Contracts)

AUG 2018

52.222-44 Fair Labor Standards And Service Contract Labor Standards- Price Adjustment

MAY 2014

52.222-54 Employment Eligibility Verification MAY 2022 52.222-56 Certification Regarding Trafficking in Persons Compliance

Plan.

OCT 2020

52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2022 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 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.223-19 Compliance with Environmental Management Systems MAY 2011 52.223-20 Aerosols JUN 2016 52.223-21 Foams JUN 2016 52.224-1 Privacy Act Notification APR 1984 52.223-23 Sustainable Products and Services. MAY 2024 52.224-2 Privacy Act APR 1984 52.224-3 Privacy Training JAN 2017 52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.228-5 Insurance - Work On A Government Installation JAN 1997 52.228-7 Insurance--Liability To Third Persons MAR 1996 52.228-8 Liability and Insurance - Leased Motor Vehicles MAY 1999

52.230-6 Administration of Cost Accounting Standards JUN 2010 52.232-9 Limitation On Withholding Of Payments 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 Alt I Prompt Payment (Jan 2017) Alternate I FEB 2002 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

NOV 2021

52.233-1 Disputes MAY 2014 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 52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.237-10 Identification of Uncompensated Overtime MAR 2015 52.242-1 Notice of Intent to Disallow Costs APR 1984 52.242-3 Penalties for Unallowable Costs SEP 2021 52.242-4 Certification of Final Indirect Costs JAN 1997 52.242-13 Bankruptcy JUL 1995 52.243-1 Changes--Fixed Price AUG 1987 52.243-2 Alt II Changes--Cost Reimbursement (Aug 1987) - Alternate II APR 1984 52.243-5 Changes and Changed Conditions APR 1984 52.243-6 Change Order Accounting APR 1984 52.243-7 Notification Of Changes JAN 2017 52.244-5 Competition In Subcontracting DEC 1996 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JAN 2022

52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.246-25 Limitation Of Liability--Services FEB 1997 52.247-63 Preference For U.S. Flag Air Carriers JUN 2003 52.248-1 Value Engineering JUN 2020 52.249-6 Termination (Cost Reimbursement) MAY 2004 52.249-14 Excusable Delays APR 1984 52.251-1 Government Supply Sources APR 2012 52.252-2 Clauses Incorporated By Reference FEB 1998 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 252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.204-7000 Disclosure Of Information OCT 2016 252.204-7002 Payment For Contract Line or Subline Items Not Separately

Priced

APR 2020

252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019

252.204-7006 Billing Instructions OCT 2005 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

MAY 2024

252.204-7008 Compliance With Safeguarding Covered Defense Information Controls

OCT 2016

252.204-7024 Notice on the Use of the Supplier Performance Risk System MAR 2023 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.215-7002 Cost Estimating System Requirements DEC 2012 252.215-7008 Only One Offer JUL 2019 252.215-7013 Supplies and Services Provided by Nontraditional Defense

Contractors

JAN 2023

252.215-7016 Notification to Offerors--Postaward Debriefings DEC 2022 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements DEC 2010 252.223-7001 Hazard Warning Labels DEC 1991 252.223-7002 Safety Precautions For Ammunition And Explosives MAY 1994 252.223-7003 Changes In Place Of Performance--Ammunition And

Explosives

DEC 1991

252.223-7004 Drug Free Work Force SEP 1988 252.223-7006 Alt I Prohibition on Storage, Treatment, and Disposal of Toxic or

Hazardous Materials - Alternate I

SEP 2014

252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award

OCT 2020

252.225-7006 Acquisition of the AmericanFlag AUG 2015 252.225-7012 Preference For Certain Domestic Commodities APR 2022 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

APR 2019

252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014 252.227-7014 Rights in Noncommercial Computer Software and

Noncommercial Computer Software Documentation

FEB 2014

252.227-7015 Technical Data--Commercial Products and Commercial Services

MAR 2023

252.227-7016 Rights in Bid or Proposal Information JAN 2011 252.227-7017 Identification and Assertion of Use, Release, or Disclosure

Restrictions

JAN 2023

252.227-7019 Validation of Asserted Restrictions--Computer Software SEP 2016 252.227-7020 Rights In Special Works JUN 1995 252.227-7025 Limitations on the Use or Disclosure of Government-

Furnished Information Marked with Restrictive Legends

MAY 2013

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 APR 2022 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.242-7004 Material Management And Accounting System MAY 2011 252.242-7005 Contractor Business Systems FEB 2012 252.242-7006 Accounting System Administration FEB 2012

252.243-7002 Requests for Equitable Adjustment DEC 2012 252.244-7000 Subcontracts for Commercial Items JAN 2021 252.244-7001 Contractor Purchasing System Administration MAY 2014 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7005 Management and Reporting of Government Property JAN 2024 252.247-7023 Transportation of Supplies by Sea FEB 2019 252.251-7000 Ordering From Government Supply Sources AUG 2012

CLAUSES INCORPORATED BY FULL TEXT

52.216-7 ALLOWABLE COST AND PAYMENT (AUG 2018)

(a) Invoicing.

(1) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act.

Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) The designated payment office will make interim payments for contract financing on the (Contracting Officer insert day as prescribed by agency head; if not prescribed, insert “30th”) day after the designated billing office receives a proper payment request.

In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.

(b) Reimbursing costs. (1) For the purpose of reimbursing allowable costs (except as provided in subparagraph (b)(2) of the clause, with respect to pension, deferred profit sharing, and employee stock ownership plan contributions), the term "costs" includes only--

(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;

(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for--

(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made--

(1) In accordance with the terms and conditions of a subcontract or invoice; and

(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;

(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and

(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.

(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless--

(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and

(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).

(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.

(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.

(c) Small business concerns. A small business concern may receive more frequent payments than every 2 weeks.

(d) Final indirect cost rates. (1) Final annual indirect cost rates and the appropriate bases shall be established in accordance with Subpart 42.7 of the Federal Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.

(2)(i) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.

(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.

(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:

(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.

(B) General and Administrative expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts).

(C) Overhead expenses (final indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for each final indirect cost pool.

(D) Occupancy expenses (intermediate indirect cost pool). Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) and expense reallocation to final indirect cost pools.

(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.

(F) Facilities capital cost of money factors computation.

(G) Reconciliation of books of account (i.e., General Ledger) and claimed direct costs by major cost element.

(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.

(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.

(J) Subcontract information. Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information).

(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.

(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.

(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.

(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).

(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).

(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:

(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.

(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf and https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf.

(C) Identification of prime contracts under which the contractor performs as a subcontractor.

(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the accounting system has not changed from the previous year's submission).

(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year's submission).

(F) Certified financial statements and other financial data (e.g., trial balance, compilation, review, etc.).

https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf

(G) Management letter from outside CPAs concerning any internal control weaknesses.

(H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph G) of this section.

(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government.

(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made.

(K) Federal and State income tax returns.

(L) Securities and Exchange Commission 10-K annual report.

(M) Minutes from board of directors meetings.

(N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.

(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: Contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.

(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost rates.

(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates,

(ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates. The understanding shall not change any monetary ceiling, contract obligation, or specific cost allowance or disallowance provided for in this contract. The understanding is incorporated into this contract upon execution.

(4) Failure by the parties to agree on a final annual indirect cost rate shall be a dispute within the meaning of the Disputes clause.

(5) Within 120 days (or longer period if approved in writing by the Contracting Officer) after settlement of the final annual indirect cost rates for all years of a physically complete contract, the Contractor shall submit a completion invoice or voucher to reflect the settled amounts and rates. The completion invoice or voucher shall include settled subcontract amounts and rates. The prime contractor is responsible for settling subcontractor amounts and rates included in the completion invoice or voucher and providing status of subcontractor audits to the contracting officer upon request.

(6)(i) If the Contractor fails to submit a completion invoice or voucher within the time specified in paragraph (d)(5) of this clause, the Contracting Officer may--

(A) Determine the amounts due to the Contractor under the contract; and

(B) Record this determination in a unilateral modification to the contract.

(ii) This determination constitutes the final decision of the Contracting Officer in accordance with the Disputes clause.

(e) Billing rates. Until final annual indirect cost rates are established for any period, the Government shall reimburse the Contractor at billing rates established by the Contracting Officer or by an authorized representative (the cognizant auditor), subject to adjustment when the final rates are established. These billing rates--

(1) Shall be the anticipated final rates; and

(2) May be prospectively or retroactively revised by mutual agreement, at either party's request, to prevent substantial overpayment or underpayment.

(f) Quick-closeout procedures. Quick-closeout procedures are applicable when the conditions in FAR 42.708(a) are satisfied.

(g) Audit. At any time or times before final payment, the Contracting Officer may have the Contractor's invoices or vouchers and statements of cost audited. Any payment may be (1) Reduced by amounts found by the Contracting Officer not to constitute allowable costs or (2) Adjusted for prior overpayments or underpayments.

(h) Final payment. (1) Upon approval of a completion invoice or voucher submitted by the Contractor in accordance with paragraph (d)(5) of this clause, and upon the Contractor's compliance with all terms of this contract, the Government shall promptly pay any balance of allowable costs and that part of the fee (if any) not previously paid.

(2) The Contractor shall pay to the Government any refunds, rebates, credits, or other amounts (including interest, if any) accruing to or received by the Contractor or any assignee under this contract, to the extent that those amounts are properly allocable to costs for which the Contractor has been reimbursed by the Government. Reasonable expenses incurred by the Contractor for securing refunds, rebates, credits, or other amounts shall be allowable costs if approved by the Contracting Officer. Before final payment under this contract, the Contractor and each assignee whose assignment is in effect at the time of final payment shall execute and deliver--

(i) An assignment to the Government, in form and substance satisfactory to the Contracting Officer, of refunds, rebates, credits, or other amounts (including interest, if any) properly allocable to costs for which the Contractor has been reimbursed by the Government under this contract; and

(ii) A release discharging the Government, its officers, agents, and employees from all liabilities, obligations, and claims arising out of or under this contract, except--

(A) Specified claims stated in exact amounts, or in estimated amounts when the exact amounts are not known;

(B) Claims (including reasonable incidental expenses) based upon liabilities of the Contractor to third parties arising out of the performance of this contract; provided, that the claims are not known to the Contractor on the date of the execution of the release, and that the Contractor gives notice of the claims in writing to the Contracting Officer within 6 years following the release date or notice of final payment date, whichever is earlier; and

(C) Claims for reimbursement of costs, including reasonable incidental expenses, incurred by the Contractor under the patent clauses of this contract, excluding, however, any expenses arising from the Contractor's indemnification of the Government against patent liability.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision--

Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian

Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

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).

(b) The offeror ( ) has ( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary…