W911SA25QA005 Solicitation Final.pdf
PDF 3 MB Posted
- Attached to
- Custodial Services at NE024 Elkhorn, NE Federal contract opportunity
- Solicitation number
- W911SA25QA005
About this file
This is a Standard Form 1449 Solicitation/Contract/Order for Commercial Products and Commercial Services (W911SA25QA005) for custodial services at NE024 facility in Elkhorn, Nebraska. The solicitation is a 100% small business set-aside with NAICS code 561720 and a size standard of $22 million.
The Department of the Army MICC Fort McCoy is seeking custodial services for the facility located at 9750 North 204th Street, Elkhorn, NE 68022. The period of performance is February 1, 2025 through January 31, 2026, with one 11-month option period. Quotes are due by January 10, 2025 at 10:00 AM, with questions due by January 3, 2025 at 10:00 AM CST. The solicitation requires submission of a signed SF 1449, completed supplemental information, price schedule, and any signed amendments. The contract will incorporate labor standards clauses and will be administered through the Wide Area Workflow (WAWF) payment system. No site visit will be conducted. Leslie Koenig is the point of contact and quotes must be submitted via email to leslie.a.koenig2.civ@army.mil.
View the file
Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| W911SA25QA005 Attachment 5 Drawing.docx | DOCX document | |
| W911SA25QA005 Attachment 2 PWS.docx | DOCX document | |
| W911SA25QA005 Attachment 4 Wage Determination Log.xlsx | XLSX spreadsheet | |
| W911SA25QA005 Attachment 7 AT-OPSEC.pdf | ||
| W911SSA25QA005 Attachment 10 Sample Service Ticket.docx | DOCX document | |
| W911SA25QA005 Attachment 3 PRS.xlsx | XLSX spreadsheet | |
| W911SA25QA005 Attachment 8 Deliverables.docx | DOCX document | |
| W911SA25QA005 Attachment 1 Price Schedule CUI.xlsx | XLSX spreadsheet | |
| W911SA25QA005 Attachment 6 Room Chart and Task and Frequency.xlsx | XLSX spreadsheet | |
| W911SA25QA005 Attachment 9 Contractor Cleaning Sheet.docx | DOCX document |
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Text version
WOMEN-OWNED SMALL
BUSINESS (WOSB)
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
1. REQUISITION NUMBER PAGE 1 OF
2. CONTRACT NUMBER 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
DATE
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/
LOCAL TIME
9. ISSUED BY
13b. RATING
14. METHOD OF SOLICITATION
CODE
15. DELIVER TO 16. ADMINISTERED BY CODE
18a. PAYMENT WILL BE MADE BY CODE17a. CONTRACTOR/
OFFEROR
CODE
FACILITY
CODE
CODE
TELEPHONE NUMBER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK
BELOW IS CHECKED
REQUEST
FOR QUOTE
(RFQ)
INVITATION
FOR BID
(IFB)
REQUEST
FOR
PROPOSAL
(RFP)
SEE ADDENDUM
19.
ITEM NUMBER
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
(Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Government Use Only)
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH
AND DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND
ON ANY ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS
SPECIFIED
29. AWARD OF CONTRACT: REFERENCE OFFER
DATED . . YOUR OFFER ON SOLICITATION
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR
30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED
31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 11/2021)
Prescribed by GSA - FAR (48 CFR) 53.212
10. THIS ACQUISITION IS UNRESTRICTED OR
NORTH AMERICAN
INDUSTRY CLASSIFICATION
STANDARD (NAICS):
SIZE STANDARD:
13a. THIS CONTRACT IS A
RATED ORDER UNDER
THE DEFENSE PRIORITIES
AND ALLOCATIONS
SYSTEM - DPAS (15 CFR 700)
SET ASIDE: % FOR:
11. DELIVERY FOR FREE ON
BOARD (FOB) DESTINATION
UNLESS BLOCK IS MARKED
SEE SCHEDULE
12. DISCOUNT TERMS
ARE ARE NOT ATTACHED
ARE ARE NOT ATTACHED
27a. SOLICITATION INCORPORATES BY REFERENCE (FEDERAL ACQUISITION REGULATION) FAR 52.212-1, 52.212-4. FAR 52.212-3
AND 52.212-5 ARE ATTACHED. ADDENDA
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA
8(A)
ECONOMICALLY
DISADVANTAGED
WOMEN-OWNED SMALL
BUSINESS (EDWOSB)
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
(SDVOSB)
HUBZONE SMALL
BUSINESS
SMALL BUSINESS
NOTE: OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30.
calls)
Solicitation/Contract Form Continuation
NE024 Custodial B+11 months 1 February 2025 Start
W911SA25QA005
Continuation of Supplies or Services and Prices/Costs
Additional Information/Notes
Item Supplies/Service Quantity Unit Unit Price Amount
0001 CUSTODIAL SERVICE
Pricing Arrangement: Firm Fixed Price
12 Months
0002 ANNUAL CUSTODIAL SERVICE
Pricing Arrangement: Firm Fixed Price
1 Operating Unit
0003 SEMI ANNUAL CUSTODIAL SERVICE
Pricing Arrangement: Firm Fixed Price
2 Operating Unit
Option Line Item
CUSTODIAL SERVICE
Pricing Arrangement: Firm Fixed Price
11 Months
Option Line Item
ANNUAL CUSTODIAL SERVICE
Pricing Arrangement: Firm Fixed Price
1 Operating Unit
Option Line Item
SEMI ANNUAL CUSTODIAL SERVICE
Pricing Arrangement: Firm Fixed Price
2 Operating Unit
Continuation of Description
Requirements Non-Personal Service to provide all labor, transportation, equipment, materials, supervision and other items for services necessary for Custodial Services at NE024 9750 North 204th Street, Elkhorn, Nebraska 68022; in accordance with the Performance Work Statement and terms and conditions of the solicitation and resultant contract. The period of performance is 1 February 2025 (or subsequent date) to 31 January 2026 with one (1) eleven (11) month option period.
Product Service Code: S201
North American Industry Classification System (NAICS): 561720
Product Service Code: S201
North American Industry Classification System (NAICS): 561720
Product Service Code: S201
North American Industry Classification System (NAICS): 561720
Product Service Code: S201
North American Industry Classification System (NAICS): 561720
Product Service Code: S201
North American Industry Classification System (NAICS): 561720
Product Service Code: S201
North American Industry Classification System (NAICS): 561720
Option Line Item
Product Service Code: S201
North American Industry Classification System (NAICS): 561720
Option Line Item
Product Service Code: S201
North American Industry Classification System (NAICS): 561720
Option Line Item
Product Service Code: S201
North American Industry Classification System (NAICS): 561720
Option Line Item
Product Service Code: S201
North American Industry Classification System (NAICS): 561720
Option Line Item
Product Service Code: S201
North American Industry Classification System (NAICS): 561720
Option Line Item
Product Service Code: S201
North American Industry Classification System (NAICS): 561720
Continuation of Inspection and Acceptance
Overall Contract Inspection/Acceptance Locations
Acceptance Location
Acceptance Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W58EP8 CountryCode: USA
W6KG JOPLIN USAR CENTER
1001 NORTHEAST MURPHY BLVD, JOPLIN MO 64801-1161
JOPLIN, MO 64801-1161
UNITED STATES
Acceptance Location
Acceptance Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W58EP8 CountryCode: USA
W6KG JOPLIN USAR CENTER
1001 NORTHEAST MURPHY BLVD, JOPLIN MO 64801-1161
JOPLIN, MO 64801-1161
UNITED STATES
Acceptance Location
Acceptance Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W58EP8 CountryCode: USA
W6KG JOPLIN USAR CENTER
1001 NORTHEAST MURPHY BLVD, JOPLIN MO 64801-1161
JOPLIN, MO 64801-1161
UNITED STATES
Option Line Item
Acceptance Location
Acceptance Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W58EP8 CountryCode: USA
W6KG JOPLIN USAR CENTER
1001 NORTHEAST MURPHY BLVD, JOPLIN MO 64801-1161
JOPLIN, MO 64801-1161
UNITED STATES
Acceptance Location
1002 Acceptance
Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W58EP8 CountryCode: USA
W6KG JOPLIN USAR CENTER
1001 NORTHEAST MURPHY BLVD, JOPLIN MO 64801-1161
JOPLIN, MO 64801-1161
UNITED STATES
Option Line Item
Acceptance Location
Acceptance Destination Instructions: See Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: W58EP8 CountryCode: USA
W6KG JOPLIN USAR CENTER
1001 NORTHEAST MURPHY BLVD, JOPLIN MO 64801-1161
JOPLIN, MO 64801-1161
UNITED STATES
Continuation of Deliveries or Performance
From 01 Feb 2025 to 31 Jan 2026
Line Item Delivery Schedule Quantity Address and POC
0001 Period of Performance From 01 Feb 2025 To 31 Jan 2026
12 Months Service Performance Site DoDAAC: W919H3
0002 Period of Performance From 01 Feb 2025 To 31 Jan 2026
1 Operating Unit Service Performance Site DoDAAC: W919H3
0003 Period of Performance From 01 Feb 2025 To 31 Jan 2026
2 Operating Unit Service Performance Site DoDAAC: W919H3
Option Line Item
Period of Performance From 01 Feb 2026 To 31 Dec 2026
11 Months Service Performance Site DoDAAC: W919H3
Option Line Item
Period of Performance From 01 Feb 2026 To 31 Dec 2026
1 Operating Unit Service Performance Site DoDAAC: W919H3
2 Operating Unit Service Performance Site
1003 Period of Performance
From 01 Feb 2026 To 31 Dec 2026
DoDAAC: W919H3
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.212-4 Contract Terms and Conditions-Commercial Products and Commercial Services. Nov 2023
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.204-7004 Antiterrorism Awareness Training for Contractors. Jan 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support. Jan 2023
252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services.
Jan 2023
252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7010 Levies on Contract Payments. Dec 2006 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.223-7008 Prohibition of Hexavalent Chromium. Jan 2023 252.247-7023 Transportation of Supplies by Sea. Oct 2024 252.225-7001 Buy American and Balance of Payments Program. Feb 2024 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
As prescribed in 232.7004(b), use the following clause:
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(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.
N/A
(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.
Invoice 2in1
(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 financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC HQ0490 Issue By DoDAAC W911SA Admin DoDAAC W911SA Inspect By DoDAAC W58EP8 Ship To Code W58EP8 Ship From Code TBD Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) W58EP8 Accept at Other DoDAAC N/A LPO DoDAAC N/A DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A (*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.
TBD
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Addendum to 52.212-4, Contract Terms and Conditions - Commercial Products and Commercial Services
ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS
The following are incorporated into 52.212-4 as an addendum to this solicitation:
1. Contracting Officer's Representative (COR): TBD at the time of Award.
2. Contract Administrator: TBD at time of award.
3. Contracting Officer: TBD at time of award.
4. If you have questions pertaining to this contract after contract award (i.e. questions regarding delivery, invoice procedures, etc.), please request assistance from the COR via email. Requests for assistance shall include the contract number on the subject line of the emailed request. For additional assistance please contact the Contractor Administrator via email, please include the contract number in the subject line of the email. Requesting COR assistance from any other individuals could result in a delayed response.
5. Service Contract Reporting (SCR): Contractors will report manpower data relating to the performance of service contracts into the system for Award Management (SAM) (https://sam.gov) consistent with existing service contract reporting requirement under the federal acquisition regulation subpart 4.17- Service Contracts Inventory. SAM will only enable reporting for entities with contract that meet the SCR threshold at FAR 4.1703. As part of its quote, the vendor must include the estimated total cost (if any) incurred to comply with the Service Contract Reporting requirement.
6. Post Award Conference: In the event the Contracting Officer decides to conduct a Post Award Conference in accordance with DFARS 242.5, the awardee will be notified and will be required to attend. The Contracting Officer's notification will include specific details regarding the date, time, and location of the conference, any need for attendance by subcontractors, and information regarding the items to be discussed.
7. Required insurance: Contractor shall require the insurance company to specify contract number in the Description of Operation block of the Certificate of Insurance (COI) and the below statement.
"The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective- (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the Insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer."
The contractor shall provide, within ten (10) calendar days after contract award. The Contractor shall provide the Certificate of Insurance (COI) via email to the Post Award Contracting Officer and Post Award Contract Specialist. The COI shall be updated and sent to the Post Award Team on an annual basis.
In accordance with FAR clause 52.228-5 entitled, "Insurance--Work on a Government Installation" the following minimum amounts of insurance are required.
Type of Coverage Required Minimum Coverage Amount
Workmen's Compensation As required by state laws
Employer's Liability Insurance $100,000 per accident
General Liability Insurance - Bodily $500,000 per occurrence Injury Liability
Auto Liability Insurance $200,000 per person
Bodily Injury $500,000 per occurrence
Property Damage $20,000 per occurrence
8. Contract performance:
Purpose. IAW with FAR Subpart 42.1500 contractor past performance information (PPI) is relevant information for future source selection purposes regarding a contractor's actions under previously awarded contracts. It includes, for example, the contractor's record of conforming to contract requirements and to standards of good workmanship; the contractor's record of forecasting and controlling costs; the contractor's adherence to contract schedules, including the administrative aspects of performance; the contractor's history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the contractor's business-like concern for the interest of the customer. Contractor past performance information is one of the tools that support Army efforts to acquire best value and is used to evaluate performance risk in source selection. The feedback provided by the government to the contractor in collecting PPI, and the knowledge that PPI will be used in future source selection decisions, should result in improved performance and a greater contractor focus on customer satisfaction.
Contractor Performance Assessment Reports System (CPARS): CPARS shall be prepared IAW AFARS Subpart 42 upon physical completion of the contract. If the period of performance will exceed 18 months, an "interim" assessment report shall be prepared at the completion of 12 months performance and annually thereafter until the contract is physically complete. An out-of-cycle or "addendum" report may be prepared if there is a need to record an extraordinary event prior to the next regularly scheduled evaluation or if it is necessary to report a meaningful occurrence during the period between physical completion of the contract and contract closeout. Additionally, addendum reports may be prepared to record contractor's performance relative to contract closeout and other administrative requirements (e.g. final indirect cost proposals, technical data, etc.).
Completion Due Date. The government will complete the CPARS within 60 days after the end of the assessment rating period (if applicable).
Evaluators. The Contracting Officer and the Contracting Officer's Representative will jointly complete the performance assessment.
Contracts Performance Elements. The contractor's performance shall be assessed in accordance with elements and rating system set forth in AFARS Subpart 42.
Contractor Review. The Contracting Officer will furnish a copy of the CPARS to the contractor requesting that the contractor submit comments, rebutting statements, and/or additional information to the Contracting Officer within 30 calendar days of receipt. Failure to respond within the designated timeframe will be taken as agreement with the assessment.
Contract Concurrence. Where a contractor concurs with, or takes no exception to a CPARS, such report shall be considered final and releasable for use in source selection and other deliberative purposes.
Contractor Rebuttal. Where a contractor takes exception to a performance report, the Contracting Officer will review the contractor's rebuttal or comments and make appropriate changes. If the Contracting Officer makes changes, the changed rating will be reflected in the narrative. The Contracting Officer will make all reasonable efforts to reconcile the report and the contractor's comments. However, it is not necessary that they reach agreement on the report where such is clearly impracticable. The contractor's rebuttal or comments shall be made part of the CPARS.
Resolving Disagreements between the Government and the Contractor. In the event disagreements between the parties regarding the CPARS occur, the Contracting Officer will review the rebuttal and make appropriate changes. If no agreement is reached, the CPARS is forwarded to the Reviewing Official (Director of Contracting) along with the Contracting Officer's Findings and Recommendation and supporting documentation. The decision of the Reviewing Official is final. Copies of the CPARS and the contractor's response and review comments, if any, shall be retained as part of the evaluation.
Release of Contractor Performance Evaluation Information. The evaluation will not be released to other than government personnel and the contractor whose performance is evaluated. The performance evaluation information will be input into the applicable module within Contractor Performance Assessment Reporting System (CPARS) database (or Government system in use at time of the evaluation).
Source Selection Information. Departments and agencies will electronically access the CPARS information to support future award decisions.
9. Legal compliance: The Contractor shall comply with all Federal, State, and Local Laws, codes and regulations applicable to his performance under this contract and shall be solely responsible for all costs associated with said compliance.
10. Attachments Attachment 01 - Price Schedule-CUI Attachment 02 - PWS Attachment 03 - PRS Attachment 04 - Wage Determination Log Attachment 05 - Drawing Attachment 06 - Room Chart & Task and Frequency Attachment 07 - AT-OPSEC Attachment 08 - Deliverables Attachment 09 - Sample Service Ticket Attachment 10 - Sample Contractor Cleaning Sheet
(END OF ADDENDUM TO FAR 52.212-4)
Contract Terms and Conditions Required To Implement Statutes or Executive Orders — Commercial Products and Commercial Services
FAR Clauses Incorporated by Full Text
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders- Commercial Products and Commercial Services.
(May 2024)
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services (May 2024)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).
(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
[ ] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C.
4655).
[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).
[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111- 5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)
[ ] (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community-see FAR 3.900(a).
[X] (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).
[ ] (6) [Reserved].
[ ] (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[ ] (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).
[X] (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
[ ] (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders-Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115-390, title II).
[ ] (11)
(i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
[ ] (ii) Alternate I (Dec 2023) of 52.204-30.
[X] (12) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment.
(Nov 2021) (31 U.S.C. 6101 note).
[ ] (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
[ ] (14) [Reserved].
[ ] (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).
[ ] (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
[ ] (17) [Reserved]
[X] (18)
(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-6.
[ ] (19)
(i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
[ ] (ii) Alternate I (Mar 2020) of 52.219-7.
[ ] (20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)).
[ ] (21)
(i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (15 U.S.C. 637(d)(4)).
[ ] (ii) Alternate I (Nov 2016) of 52.219-9.
[ ] (iii) Alternate II (Nov 2016) of 52.219-9.
[ ] (iv) Alternate III (Jun 2020) of 52.219-9.
[ ] (v) Alternate IV (Sep 2023) of 52.219-9.
[ ] (22)
(i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-13.
[ ] (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).
[ ] (24) 52.219-16, Liquidated Damages-Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
[ ] (25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) (15 U.S.C. 657f).
[X] (26)
(i) 52.219-28, Post Award Small Business Program Rerepresentation (Feb 2024) (15 U.S.C. 632(a)(2)).
[ ] (ii) Alternate I (Mar 2020) of 52.219-28.
[ ] (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).
[ ] (28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) (15 U.S.C. 637(m)).
[ ] (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
[ ] (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
[X] (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
[X] (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024).
[X] (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
[X] (34)
(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
[ ] (ii) Alternate I (Feb 1999) of 52.222-26.
[X] (35)
(i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (ii) Alternate I (Jul 2014) of 52.222-35.
[X] (36)
(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
[ ] (ii) Alternate I (Jul 2014) of 52.222-36.
[X] (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
[ ] (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
[X] (39)
(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
[ ] (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
[ ] (41)
(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[ ] (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)
[X] (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (May 2024) (42 U.S.C. 7671, et seq.).
[ ] (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (May 2024) (42 U.S.C. 7671, et seq.).
[X] (44) 52.223-20, Aerosols (May 2024) (42 U.S.C. 7671, et seq.).
[ ] (45) 52.223-21, Foams (May 2024) (42 U.S.C. 7671, et seq.).
[X] (46) 52.223-23, Sustainable Products and Services (May 2024) (E.O. 14057, 7 U.S.C. 8102, 42 U.S.C. 6962, 42 U.S.C. 8259b, and 42 U.S.C.
7671l).
[ ] (47)
(i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
[ ] (ii) Alternate I (Jan 2017) of 52.224-3.
[ ] (48)
(i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).
[ ] (ii) Alternate I (Oct 2022) of 52.225-1.
[ ] (49)
(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.
[ ] (ii) Alternate I [Reserved].
[ ] (iii) Alternate II (Dec 2022) of 52.225-3.
[ ] (iv) Alternate III (Feb 2024) of 52.225-3.
[ ] (v) Alternate IV (Oct 2022) of 52.225-3.
[ ] (50) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
[X] (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
[ ] (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
[ ] (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
[ ] (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).
[X] (55) 52.226-8, Encouraging Contractor Policies to Ban Text Messaging While Driving (May 2024) (E.O. 13513).
[ ] (56) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
[ ] (57) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C.
3805).
[ ] (58) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).
[X] (59) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
[ ] (60) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
[ ] (61) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
[ ] (62) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
[ ] (63) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
[ ] (64)
(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
[ ] (ii) Alternate I (Apr 2003) of 52.247-64.
[ ] (iii) Alternate II (Nov 2021) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
[Contracting Officer check as appropriate.]
[X] (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
[X] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[X] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
[ ] (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).
[ ] (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
[ ] (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
[X] (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
[X] (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
[ ] (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)
(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).
(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).
(iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).
(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889 (a)(1)(A) of Pub. L. 115-232).
(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).
(vii)
(A) 52.204-30, Federal Acquisition Supply Chain Security Act Orders-Prohibition. (Dec 2023) (Pub. L. 115-390, title II).
(B) Alternate I (Dec 2023) of 52.204-30.
(viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.
(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xvi)
(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627).
(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).
(xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).
(xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).
(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xxii)
(A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National
Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).
(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.
(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
Addendum to Contract Clauses
Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.223-2 Reporting of Biobased Products Under Service and Construction Contracts. May 2024 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.204-9 Personal Identity Verification of Contractor Personnel. Jan 2011 52.223-10 Waste Reduction Program. May 2024 52.223-19 Compliance with Environmental Management Systems. May 2011 52.228-5 Insurance-Work on a Government Installation. Jan 1997 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative. Dec 1991 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.223-7006 Prohibition on Storage, Treatment, and Disposal of Toxic or Hazardous Materials. Sep 2014 252.225-7002 Qualifying Country Sources as Subcontractors. Mar 2022 252.225-7048 Export-Controlled Items. Jun 2013
FAR Clauses Incorporated by Full Text
52.217-8 Option to Extend Services. (Nov 1999)
As prescribed in 17.208(f), insert a clause substantially the same as the following:
Option to Extend Services (Nov 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the current period of performance[insert the period of time within which the Contracting Officer may exercise the option].
(End of clause)
52.217-9 Option to Extend the Term of the Contract. (Mar 2000)
As prescribed in 17.208(g), insert a clause substantially the same as the following:
Option to Extend the Term of the Contract (Mar 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 60[insert the period of time within which the Contracting Officer may exercise the option]; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days[60days unless a different number of days is inserted] before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years(months) (years).
(End of clause)
52.223-3 Hazardous Material Identification and Material Safety Data. (Feb 2021)
As prescribed in 23.304(a)(1), insert the following clause:
Hazardous Material Identification and Material Safety Data (Feb 2021)
(a) "Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal Standard No.313 (including revisions adopted during the term of the contract).
(b) The offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this contract. The hazardous material shall be properly identified and include any applicable identification number, such as National Stock Number or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this contract.
Material (If none, insert None) Identification No.
(c) This list must be updated during performance of the contract whenever the Contractor determines that any other material to be delivered under this contract is hazardous.
(d) The apparently successful offeror agrees to submit, for each item as required prior to award, a Material Safety Data Sheet, meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No.313, for all hazardous material identified in paragraph (b) of this clause. Data shall be submitted in accordance with Federal Standard No.313, whether or not the apparently successful offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet prior to award may result in the apparently successful offeror being considered nonresponsible and ineligible for award.
(e) If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No.313, which renders incomplete or inaccurate the data submitted under paragraph (d) of this clause, the Contractor shall promptly notify the Contracting Officer and resubmit the data.
(f) Neither the requirements of this clause nor any act or failure to act by the Government shall relieve the Contractor of any responsibility or liability for the safety of Government, Contractor, or subcontractor personnel or property.
(g) Nothing contained in this clause shall relieve the Contractor from complying with applicable Federal, State, and local laws, codes, ordinances, and regulations (including the obtaining of licenses and permits) in connection with hazardous material.
(h) The Government's rights in data furnished under this contract with respect to hazardous material are as follows:
(1) To use, duplicate and disclose any data to which this clause is applicable. The purposes of this right are to-
(i) Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing of hazardous materials;
(ii) Obtain medical treatment for those affected by the material; and
(iii) Have others use, duplicate, and disclose the data for the Government for these purposes.
(2) To use, duplicate, and disclose data furnished under this clause, in accordance with paragraph (h)(1) of this clause, in precedence over any other clause of this contract providing for rights in data.
(3) The Government is not precluded from using similar or identical data acquired from other sources.
(End of clause)
52.252-2 Clauses Incorporated by Reference. (Feb 1998)
As prescribed in 52.107(b), insert the following clause:
Clauses Incorporated By Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
www.acquisition.gov ____ ____[Insert one or more Internet addresses]
(End of clause)
52.252-6 Authorized Deviations in Clauses. (Nov 2020)
As prescribed in 52.107(f), insert the following clause in solicitations and contracts that include any FAR or supplemental clause with an authorized deviation. Whenever any FAR or supplemental clause is used with an authorized deviation, the contracting officer shall identify it by the same number, title, and date assigned to the clause when it is used without deviation, include regulation name for any supplemental clause, except that the contracting officer shall insert "(DEVIATION)" after the date of the clause.
Authorized Deviations in Clauses (Nov 2020)
(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.
(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation Supplement[insert regulation name] (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.
(End of clause)
DFARS Clauses Incorporated by Full Text
252.223-7001 Hazard Warning Labels. (Dec 1991)
As…
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