DRAFT_RFP_W9124J-17-R-0006_ERMA_IDIQ_FY18_4_OCT_2016.pdf

DRAFT

CODE

(Hour)

PAGE(S)

until local time

A

X B

X C

D

EX

X

G

F 35 - 58

59 - 72

X H

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 72

(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.

W9124J 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 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

REFERENCE SECTION L

conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 3

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

4 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 7 - 11 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

12 - 33

PART II - CO NTRACT CLAUSES

MICC - FSH

ATTN: MICC - FSH

2205 INFANTRY POST RD

210-466-2145

FORT SAM HOUSTON TX 78234-1361

210-466-2145 (DSN 450)

210-466-2183FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

04 Oct 2016

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

W9124J-17-R-0006

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Job

ENVIRONMENTAL REMEDIATION - FFP

FFP

This CLIN is for Environmental Remediation Services to be specified at the Task

Order level. This CLIN shall be used for Fixed Price efforts. The Ordering Period is five (5) Years from date of award of this CLIN. The Period of Performance shall not exceed ten (10) Years from award. The ceiling of this CLIN is $200,000,000 minus the value of awarded Task Orders.

FOB: Destination

NET AMT

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

CONTRACTOR MANPOWER REPORTING

FFP

Contractor Manpower Reporting: Contractor shall provide services in accordance with (IAW) the PWS as specified at the Task Order level. The Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance IAW the PWS. Instructions, including the Contractor and

Subcontractor User Guides, are available at http://www.ecmra.mil.

CLIN is Not Separately Priced (NSP).

FOB: Destination

NET AMT

OBJECTIVE

The Government intends to award a maximum of eight (8) Indefinite Delivery Indefinite Quantity (IDIQ) Contracts for the Environmental Remediation Services requirement as a competitive Small Business Set-Aside, of which one may be reserved for a Woman-Owned Small Business. All Awardees will be considered equal competitors for all

Task Orders. The Government reserves the right to award fewer or no contracts if the Source Selection Authority

(SSA) determines it is in the Government’s best interest. The resultant Contracts will have a five (5) year ordering period and a ten (10) year maximum period of performance. Task Orders awarded may have a period of performance that may extend beyond the end of the ordering period. Each Task Order issued against the Contract will be priced on a Firm-Fixed-Price (FFP) basis. FFP pricing will be based on the pre-negotiated fully-burdened labor rates.

FUNDING INFORMATION/MINIMUM GUARANTEE

The total AGGREGATE maximum ceiling value is $200,000,000.00 over the life of the Contract. However, each

IDIQ is limited to the MINIMUM GUARANTEE AMOUNT OF $10,000.00. The MINIMUM GUARANTEE may be satisfied by obligating funds or issuing a Task Order against the Basic Contract over the five (5) year ordering period. For example, if a Task Order is awarded over the five (5) year ordering period, the MINUMUM

GUARANTEE is thereby satisfied and removed.

Section C - Descriptions and Specifications

SUBSTITUTION OF KEY PERSONNEL

The Contractor agrees to assign those key persons whose resumes were submitted with their corresponding proposal who are necessary to fill the requirements of the Solicitation. No substitution shall be made except in accordance with this paragraph. All proposed substitutions must be submitted in writing 30 days in advance of the proposed substitutions to the Contracting Officer and provide the information required in the following paragraph.

All requests for substitution must provide a detailed explanation of the circumstances necessitating the proposed substitutions, a complete resume for the proposed substitute, and any other information requested by the Contracting

Officer to approve or disapprove the proposed substitution. All proposed substitutes must have qualifications that are equal or higher than the qualifications of the person or subcontractor to be replaced. The Contracting Officer or the authorized representative will evaluate such requests and promptly notify the Contactor of his approval or disapproval thereof.

Also reference Section H, AFARS 5152.204-4001 KEY PERSONNEL REQUIREMENTS (MAR 2009)

(LOCAL CLAUSE)

PERFORMANCE WORK STATEMENT

Reference DRAFT Basic Performance Work Statement dated 1 September 2016 (Attachment #1).

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

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC

0001 N/A N/A N/A N/A

0002 N/A N/A N/A N/A

CLAUSES INCORPORATED BY REFERENCE

52.242-15 Stop-Work Order AUG 1989

Section H - Special Contract Requirements

TASK ORDER PROCEDURES

Task Orders shall be competed amongst the Small Business awardees.

Specific performance assignments will be made by the Government by issuance of Task Orders wherein the work to be performed will be described in terms of scope, products required and schedule milestones. The procedure for establishing Task Orders will be as follows:

a. When the Government has a requirement for work to be performed against the resulting contract, the

Contracting Officer will forward a Request for Task Order Proposal (RTOP). The RTOP will provide each

Awardee the Performance Work Statement (PWS) describing the requirements and objectives of the task and all other applicable documents (Wage Rates, Reference Materials, Government Furnished Material, etc.). The RTOP will set forth a task accomplishment schedule, Contract Line Item Number (CLIN)

Structure, describe any report requirements, and set forth other information and data as necessary.

Additionally, the RTOP will provide all evaluation factors, establish a closing date and any other pertinent information required for the fair competition of the requirement.

b. The Contractor shall furnish a Task Order Proposal to the Contracting Officer within the timeframe specified in the RTOP. The RTOP response shall consist of Mission Capability and Price. The response should demonstrate an understanding of the tasks required through a comprehensive discussion of the

Contractor’s Mission Capability, to include but not limited to Proposed Staffing, Technical Approach and

Project Schedule. The response shall include a completed Pricing Schedule/CLIN Structure provided by the Government.

The response limitations (page limits, format, etc.) will be specified in the RTOP.

c. Assignment of Task Orders:

1) Task Order proposal evaluation procedures will be conducted in accordance with Federal Acquisition

Regulation (FAR) Part 16.505 and supplements thereto. Award will be made to a single Offeror who is deemed responsible in accordance with FAR 9.104, whose proposal conforms to the RTOP requirements, and whose proposal, and other considerations specified in the RTOP, represents the Lowest Price

Technically Acceptable (LPTA) offer.

2) Task Orders will be issued only by the Mission and Installation Contracting Command, Environmental

Division at Joint Base San Antonio Fort Sam Houston, Texas.

FAIR OPPORTUNITY

Fair opportunity will be provided to all Awardees in accordance with Federal Acquisition Regulations (FAR)

16.505(b) and Defense Federal Acquisition Regulation Supplement (DFARS) 216.505-70.

APPLICABLE WAGE DETERMINATIONS

Applicable Wage Decisions/Determinations shall be provided with all Task Orders that are subject to the Service

Contract Act (SCA).

The Contractor shall comply with the Service Contract Act and related clauses when Task Order requirements are covered by the Act.

INSURANCE REQUIREMENTS

The following insurance is required as a minimum in accordance with the Federal Acquisition Regulations and the appropriate clause in Section I:

a. Legally Required Insurance: Where certain laws apply, such as state laws governing workman’s compensation and employer’s liability coverage, etc., the Contractor, prior to commencement of work, shall furnish the Contracting Officer a written statement that such laws have been complied with and that compliance will continue throughout the period of contract performance.

b. Comprehensive General Liability and Automobile Liability.

GOVERNMENT-CONTRACTOR RELATIONSHIPS

a. The Government and the Contractor understand and agree that the services to be delivered under this

Contract by the Contractor to the Government are non-personal services and the parties recognize and agree that no employer-employee or master-servant relationships exist or will exist under the Contract between the Government and the Contractor and/or between the Government and the Contractor’s employees. It is therefore, in the best interest of the Government to afford the parties a full and complete understanding of their respective obligations.

b. Contractor personnel under this contract shall not:

(1) be placed in a position where they are appointed or employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer, Military or Civilian.

(2) be placed in a staff or policymaking position.

(3) be placed in a position of command, supervision, administration or control over DA Military or

Civilian Personnel, or personnel of other contractors, or become a part of the Government organization.

(4) be used for the purpose of avoiding manpower ceilings or other personnel rules and regulations of

DA or the Civil Service Commission.

(5) be used in administration or supervision of military procurement activities.

c. Employee Relationship:

(1) The services to be performed under this Contract do not require the Contractor or its employees to exercise personal judgment and discretion on behalf of the Government, but rather the Contractor’s employees will act and exercise personal judgment and discretion on behalf of the Contractor.

(2) Rules, regulations, directions, and requirements that are issued by command authorities under their responsibility for good order, administration, and security are applicable to all personnel who enter the installation, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of

Government control that is inconsistent with a non-personal services Contract.

ORGANIZATIONAL CONFLICT OF INTEREST

a. Due to the nature of this contract, OCI implications will be reviewed on an individual Task Order basis, prior to the issuance of each Task Order. Each situation will be examined on the basis of its particular facts and the nature of the proposed support/services/deliverables. The exercise of common sense, good judgment and sound discretion will be employed in determining whether a significant potential conflict exists and, if it does, the development of an appropriate means for resolving it. The two underlying principles are-

- preventing the existence of conflicting roles that might bias a Contractor’s judgment

- preventing an unfair competitive advantage

b. Perspective offerors are invited to review Federal Acquisition Regulation Subpart 9.5 “Organizational and Consultant Conflicts of Interest.” Particular attention is directed to FAR 9.505, 9.505-1, 9.505-2, 9.505-3 and

9.505-4.

c. The effort to be performed under this Contract may require the Contractor to support the development of system requirements/specifications, provide system engineering and technical direction, and/or recommend products/capabilities. As such, the Contractor may not (1) be awarded a contract to supply the system, product, capability or components, or (2) be a subcontractor or consultant to a supplier of the system or any major component on which provides support hereunder. However, the Contractor may participate (i) on a noncompetitive basis under a Prime Contract with the Government or (ii) with the written approval of the Contracting Officer. This restriction shall be effective through a period ending one (1) year following completion of performance under the specific task order where the potential conflict has been identified.

d. The effort to be performed under this Contract may require access to the proprietary information from other companies and consequently creates a potential significant conflict of interest. It is the intention of the

Government to prevent creation of an unfair competitive advantage as a result of knowledge gained through access to proprietary information. Consequently, when access to proprietary information of other companies is required, the contractor shall (1) enter into a written agreement with the other company(ies) to protect their proprietary information from unauthorized use or disclosure for as long as it remains proprietary; and (2) refrain from using such proprietary information for any purpose other than providing advisory and assistance service to the

Government under this contract. In addition, the contractor shall (1) inculcate upon its employees, through appropriate means, such formal training and promulgation of company policies and procedures, the principles of

FAR Subpart 9.5, so that employees will refrain from using or disclosing proprietary information except as provided herein; and (2) obtain from each of its employees whose responsibility in connection with the work under this

Contract may be reasonably expected to involve access to such proprietary information, a written agreement, which in substance shall provide that such employee will not, during his employment by the Contractor or thereafter, disclose to other than the contractor's employees or sponsor, or use for the employee's own benefit or the future benefit of any other individual, corporation, or organization any such proprietary information to which the employee had access in connection with the work under the Contract. An executed copy of all proprietary information agreements shall be furnished to the Contracting Officer within fifteen (15) calendar days of execution. The

Contractor shall hold the Government harmless and indemnify the Government as to any cost/loss resulting from the unauthorized use or disclosure of third party proprietary information by the Contractor, its employees, subcontractors, or agents.

e. For breach of any of the above restrictions or disclosure or misrepresentation of any relevant facts required to be disclosed concerning this contract, the Government may terminate this contract for default, disqualify the contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the Contractor discovers and promptly reports an organizational conflict of interest (or potential thereof) subsequent to Contract award, the Contracting Officer may terminate this contract for convenience if such termination is deemed in the best interest of the Government.

f. The Contractor shall include a clause which includes paragraphs a. in all subcontracts. Likewise, a clause which includes paragraph b. and c. shall be included in all subcontracts which may require access to proprietary information of other firms. When the above paragraphs are included in a subcontract, the term

"Contracting Officer" shall represent the head of Contracts Office of the Prime Contractor.

IDENTIFICATION OF CONTRACTOR EMPLOYEES

a. All Contractor employees shall be identified as such by wearing badges at all times while performing work at this Government facility and when performing work for the Government under the scope of this contract at other installations or non-government sites to include attendance at meetings, seminars, etc. The badges may be either affixed to clothing or be displayed from a chain or other mechanism worn around the neck. Badges must include Contractor’s company name and employee’s name.

The badges shall be colored white with black lettering and a minimum badge size of 1.5 inches tall by 3 inches long. A company logo may be placed on the badge, at the company’s discretion. No other items may be placed on the badge.

b. Contractor workspace (office, laboratory, desk) shall contain a sign signifying the space is occupied by “contractor employee(s)” to ensure that Federal employees and the public know that they are not Federal employees. Coordinate location with the COR.

c. Contractor employees shall initially identify themselves by name and company affiliation when answering the telephone, presenting briefings, conducting or attending meetings/seminars.

d. All Contractor correspondence (written, facsimile, and email display) shall include their company name.

CLAUSES INCORPORATED BY FULL TEXT

5152.204-4001 KEY PERSONNEL REQUIREMENTS (MAR 2009) (LOCAL CLAUSE)

(a) Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These "Key Personnel" were identified by name within the Contractor’s proposal and their resumes were submitted for evaluation during the source selection process. The Contractor agrees that such personnel shall not be removed or replaced within the performance of this contract unless the following measures are taken:

(1) If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall, subject to the concurrence of the Contracting Officer (KO), promptly replace personnel with personnel who possess equal, or better, qualifications as the original employee.

(2) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute, and any other information requested by the KO. The KO must concur in writing with the change.

(b) If the KO determines that suitable and timely replacement of Key Personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the KO may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss or damage.

(c) The BASIC CONTRACT KEY PERSONNEL in this Contract are as follows:

POSITION:

PROGRAM MANAGER

CONTRACTOR QC MANAGER

CONTRACTOR QA MANAGER

NOTE: The TASK ORDER KEY PERSONNEL shall be completed at time of Task Order award, as follows:

PROJECT MANAGER

SENIOR SCIENTIST/ENGINEER

REGULATORY SPECIALIST:

(End of Clause)

CONTRACTOR MANPOWER REPORTING APPLICATION (CMRA)

The Contractor will report ALL Contractor labor hours (including Subcontractor labor hours) required for performance of services provided under this Contract for the Department of the Army via a secure data collection site. The Contractor is required to completely fill in all required data fields using the following web address:

http://www.ecmra.mil, and then click on “Department of the Army CMRA” or the icon of the DoD organization that is receiving or benefitting from the contracted services.

Reporting inputs will be for the labor executed during the period of performance during each Government Fiscal

Year (FY), which runs from October 1 through September 30. While inputs may be reported any time during the

FY, all data shall be reported no later than October 31 of each calendar year. Contractors may direct questions to the

Help Desk by clicking on “Send an email” which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component’s CMR website at http://www.ecmra.mil.

http://www.ecmra.mil/

Section I - Contract Clauses

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees MAY 2014

52.203-6 Alt I Restrictions On Subcontractor Sales To The Government

(Sep 2006) -- Alternate I

OCT 1995

52.203-7 Anti-Kickback Procedures MAY 2014

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-17 Contractor Employee Whistleblower Rights and Requirement

To Inform Employees of Whistleblower Rights

APR 2014

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

OCT 2015

52.204-13 System for Award Management Maintenance JUL 2013

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

OCT 2015

52.209-9 Updates of Publicly Available Information Regarding

Responsibility Matters

JUL 2013

52.209-10 Prohibition on Contracting With Inverted Domestic

Corporations

NOV 2015

52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015

52.215-8 Order of Precedence--Uniform Contract Format OCT 1997

52.215-11 Price Reduction for Defective Certified Cost or Pricing Data--

Modifications

AUG 2011

52.215-13 Subcontractor Certified Cost or Pricing Data--Modifications OCT 2010

52.215-21 Alt IV Requirements for Certified Cost or Pricing Data and Data

Other Than Certified Cost or Pricing Data -- Modifications

(Oct 2010) - Alternate IV

OCT 2010

52.219-6 Notice Of Total Small Business Set-Aside NOV 2011

52.219-14 Limitations On Subcontracting NOV 2011

52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013

52.222-1 Notice To The Government Of Labor Disputes FEB 1997

52.222-3 Convict Labor JUN 2003

52.222-43 Fair Labor Standards Act And Service Contract Labor

Standards - Price Adjustment (Multiple Year And Option

Contracts)

MAY 2014

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

52.223-17 Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

MAY 2008

52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

AUG 2011

52.224-1 Privacy Act Notification APR 1984

52.224-2 Privacy Act APR 1984

52.225-13 Restrictions on Certain Foreign Purchases JUN 2008

52.227-1 Authorization and Consent DEC 2007

52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

DEC 2007

52.227-14 Rights in Data--General MAY 2014

52.228-5 Insurance - Work On A Government Installation JAN 1997

52.230-2 Cost Accounting Standards OCT 2015

52.230-6 Administration of Cost Accounting Standards JUN 2010

52.232-1 Payments APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002

52.232-11 Extras APR 1984

52.232-17 Interest MAY 2014

52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

JUL 2013

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013

52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.233-3 Protest After Award AUG 1996

52.233-4 Applicable Law for Breach of Contract Claim OCT 2004

52.236-13 Alt I Accident Prevention (Nov 1991) - Alternate I NOV 1991

52.237-2 Protection Of Government Buildings, Equipment, And

Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991

52.242-13 Bankruptcy JUL 1995

52.244-5 Competition In Subcontracting DEC 1996

52.244-6 Subcontracts for Commercial Items JUN 2016

52.245-1 Government Property APR 2012

52.245-9 Use And Charges APR 2012

52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-8 Default (Fixed-Price Supply & Service) APR 1984

52.253-1 Computer Generated Forms JAN 1991

252.201-7000 Contracting Officer's Representative DEC 1991

252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013

252.203-7003 Agency Office of the Inspector General DEC 2012

252.203-7005 Representation Relating to Compensation of Former DoD

Officials

NOV 2011

252.203-7998 (Dev) Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements - Representation.

(DEVIATION 2015-O0010)

FEB 2015

252.203-7999 (Dev) Prohibition on Contracting with Entities that Require Certain

Internal Confidentiality Agreements. (DEVIATION 2015-

O0010)

FEB 2015

252.204-7000 Disclosure Of Information AUG 2013

252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7004 Alt A System for Award Management Alternate A FEB 2014

252.204-7006 Billing Instructions OCT 2005

252.204-7008 (Dev) Compliance with Safeguarding Covered Defense Information

Controls

DEC 2015

252.204-7011 Alternative Line Item Structure SEP 2011

252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting.

DEC 2015

252.204-7015 Notice of Authorized Disclosure of Information for Litigation

Support

MAY 2016

252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991

252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of

Terrorism

OCT 2015

252.209-7992 Representation by Corporations FY2015 JAN 2015

252.211-7003 Item Unique Identification and Valuation MAR 2016

252.211-7008 Use of Government-Assigned Serial Numbers SEP 2010

252.215-7000 Pricing Adjustments DEC 2012

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

252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or

Hazardous Materials

SEP 2014

252.225-7012 Preference For Certain Domestic Commodities AUG 2016

252.226-7001 Utilization of Indian Organizations and Indian-Owned

Economic Enterprises, and Native Hawaiian Small Business

Concerns

SEP 2004

252.227-7015 Technical Data--Commercial Items FEB 2014

252.227-7020 Rights In Special Works JUN 1995

252.227-7021 Rights In Data--Existing Works MAR 1979

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

252.227-7037 Validation of Restrictive Markings on Technical Data JUN 2013

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.232-7010 Levies on Contract Payments DEC 2006

252.237-7010 Prohibition on Interrogation of Detainees by Contractor

Personnel

JUN 2013

252.237-7023 Continuation of Essential Contractor Services OCT 2010

252.237-7024 Notice of Continuation of Essential Contractor Services. OCT 2010

252.239-7001 Information Assurance Contractor Training and Certification JAN 2008

252.243-7001 Pricing Of Contract Modifications DEC 1991

252.243-7002 Requests for Equitable Adjustment DEC 2012

252.244-7000 Subcontracts for Commercial Items JUN 2013

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property APR 2012

252.245-7003 Contractor Property Management System Administration APR 2012

252.245-7004 Reporting, Reutilization, and Disposal MAR 2015

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL ITEMS (DEVIATION 2013-O0019) (JUN 2016)

(a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph

(a) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, 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.

(b)

(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(1) in a subcontract for commercial items. 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 (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 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.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi)

X (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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 E.O. 13627).

(xii) 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.)

(xiii) 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)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section

862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx

1241(b) 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 items a minimal number of additional clauses necessary to satisfy its contractual obligations.

52.216-19 ORDER LIMITATIONS. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $10,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $30,000,000.00;

(2) Any order for a combination of items in excess of $30,000,000.00; or

(3) A series of orders from the same ordering office that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal

Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the

Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 5 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons.

Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.216-22 INDEFINITE QUANTITY. (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and

Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after the period specified in the Task Order Award.

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 2014)

In compliance with the Service Contract Labor Standards statute and the regulations of the Secretary of Labor (29

CFR part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.

THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION

Employee Class Monetary Wage-Fringe Benefits

TO BE DETERMINED AT TASK ORDER AWARD AS APPLICABLE

52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-

DESIGNATED ITEMS (MAY 2008)

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

Postconsumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Postconsumer material is a part of the broader category of “recovered material.”

Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.

(b) The Contractor, on completion of this contract, shall--

(1) Estimate the percentage of the total recovered material content for EPA-designated item(s) delivered and/or used in contract performance, including, if applicable, the percentage of post-consumer material content; and

(2) Submit this estimate to:

Mission and Installation Contracting Command (MICC)

Environmental Division

2205 Infantry Post Road

JBSA Fort Sam Houston, TX 78234-1361

ATTN: Veronica A. Romero, Contracting Officer

52.223-11 OZONE-DEPLETING SUBSTANCES AND HIGH GLOBAL WARMING POTENTIAL

HYDROFLUOROCARBONS (JUN 2016)

Global warming potential means how much a given mass of a chemical contributes to global warming over a given time period compared to the same mass of carbon dioxide. Carbon dioxide's global warming potential is defined as

1.0.

High global warming potential hydrofluorocarbons means any hydrofluorocarbons in a particular end use for which

EPA's Significant New Alternatives Policy (SNAP) program has identified other acceptable alternatives that have lower global warming potential. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables of alternatives available at (http://www.epa.gov/snap/).

Hydrofluorocarbons means compounds that only contain hydrogen, fluorine, and carbon.

Ozone-depleting substance means any substance the Environmental Protection Agency designates in 40 CFR part 82 as--

(1) Class I, including, but not limited to, chlorofluorocarbons, halons, carbon tetrachloride, and methyl chloroform;

or

(2) Class II, including, but not limited to, hydrochlorofluorocarbons.

(b) The Contractor shall label products that contain or are manufactured with ozone-depleting substances in the manner and to the extent required by 42 U.S.C. 7671j (b), (c), (d), and (e) and 40 CFR part 82, subpart E, as follows:

Warning: Contains (or manufactured with, if applicable)

*_______, a substance(s) which harm(s) public health and environment by destroying ozone in the upper atmosphere.

http://www.epa.gov/snap/

* The Contractor shall insert the name of the substance(s).

(c) Reporting. For equipment and appliances that normally each contain 50 or more pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons, the Contractor shall--

(1) Track on an annual basis, between October 1 and September 30, the amount in pounds of hydrofluorocarbons or refrigerant blends containing hydrofluorocarbons contained in the equipment and appliances delivered to the

Government under this contract by--

(i) Type of hydrofluorocarbon (e.g., HFC-134a, HFC-125, R-410A, R-404A, etc.);

(ii) Contract number; and

(iii) Equipment/appliance;

(2) Report that information to the Contracting Officer for FY16 and to www.sam.gov, for FY17 and after--

(i) Annually by November 30 of each year during contract performance; and

(ii) At the end of contract performance.

(d) The Contractor shall refer to EPA's SNAP program (available at http://www.epa.gov/snap) to identify alternatives. The SNAP list of alternatives is found at 40 CFR part 82, subpart G, with supplemental tables available at http://www.epa.gov/snap.

52.232-32 PERFORMANCE-BASED PAYMENTS (APR 2012)

(a) Amount of payments and limitations on payments. Subject to such other limitations and conditions as are specified in this contract and this clause, the amount of payments and limitations on payments shall be specified in the contract's description of the basis for payment.

(b) Contractor request for performance-based payment. The Contractor may submit requests for payment of performance-based payments not more frequently than monthly, in a form and manner acceptable to the Contracting

Officer. Unless otherwise authorized by the Contracting Officer, all performance-based payments in any period for which payment is being requested shall be included in a single request, appropriately itemized and totaled. The

Contractor's request shall contain the information and certification detailed in paragraphs (l) and (m) of this clause.

(c) Approval and payment of requests.

(1) The Contractor shall not be entitled to payment of a request for performance-based payment prior to successful accomplishment of the event or performance criterion for which payment is requested. The Contracting Officer shall determine whether the event or performance criterion for which payment is requested has been successfully accomplished in accordance with the terms of the contract. The Contracting Officer may, at any time, require the

Contractor to substantiate the successful performance of any event or performance criterion which has been or is represented as being payable.

(2) A payment under this performance-based payment clause is a contract financing payment under the Prompt

Payment clause of this contract and not subject to the interest penalty provisions of the Prompt Payment Act. The designated payment office will pay approved requests on the 30th day after receipt of the request for performance-based payment by the designated payment office. However, the designated payment office is not required to provide http://www.sam.gov/ http://www.epa.gov/snap http://www.epa.gov/snap payment if the Contracting Officer requires substantiation as provided in paragraph (c)(1) of this clause, or inquiries into the status of an event or performance criterion, or into any of the conditions listed in paragraph (e) of this clause, or into the Contractor certification. The payment period will not begin until the Contracting Officer approves the request.

(3) The approval by the Contracting Officer of a request for performance-based payment does not constitute an acceptance by the Government and does not excuse the Contractor from performance of obligations under this contract.

(d) Liquidation of performance-based payments.

(1) Performance-based finance amounts paid prior to payment for delivery of an item shall be liquidated by deducting a percentage or a designated dollar amount from the delivery payment. If the performance-based finance payments are on a delivery item basis, the liquidation amount for each such line item shall be the percent of that delivery item price that was previously paid under performance-based finance payments or the designated dollar amount. If the performance-based finance payments are on a whole contract basis, liquidation shall be by either predesignated liquidation amounts or a liquidation percentage.

(2) If at any time the amount of payments under this contract exceeds any limitation in this contract, the Contractor shall repay to the Government the excess. Unless otherwise determined by the Contracting Officer, such excess shall be credited as a reduction in the unliquidated performance-based payment balance(s), after adjustment of invoice payments and balances for any retroactive price adjustments.

(e) Reduction or suspension of performance-based payments. The Contracting Officer may reduce or suspend performance-based payments, liquidate performance-based payments by deduction from any payment under the contract, or take a combination of these actions after finding upon substantial evidence any of the following conditions:

(1) The Contractor failed to comply with any material requirement of this contract (which includes paragraphs (h) and (i) of this clause).

(2) Performance of this contract is endangered by the Contractor's --

(i) Failure to make progress; or

(ii) Unsatisfactory financial condition.

(3) The Contractor is delinquent in payment of any subcontractor or supplier under this contract in the ordinary course of business.

(f) Title.

(1) Title to the property described in this paragraph (f) shall vest in the Government. Vestiture shall be immediately upon the date of the first performance-based payment under this contract, for property acquired or produced before that date. Otherwise, vestiture shall occur when the property is or should have been allocable or properly chargeable to this contract

(2) "Property," as used in this clause, includes all of the following described items acquired or produced by the

Contractor that are or should be allocable or properly chargeable to this contract under sound and generally accepted accounting principles and practices:

(i) Parts, materials, inventories, and work in process;

(ii) Special tooling and special test equipment to which the Government is to acquire title;

(iii) Nondurable (i.e., noncapital) tools, jigs, dies, fixtures, molds, patterns, taps, gauges, test equipment and other similar manufacturing aids, title to which would not be obtained as special tooling under subparagraph (f)(2)(ii) of this clause; and

(iv) Drawings and technical data, to the extent the Contractor or subcontractors are required to deliver them to the

Government by other clauses of this contract.

(3) Although title to property is in the Government under this clause, other applicable clauses of this contract (e.g., the termination or clauses) shall determine the handling and disposition of the property.

(4) The Contractor may sell any scrap resulting from production under this contract, without requesting the

Contracting Officer's approval, provided that any significant reduction in the value of the property to which the

Government has title under this clause is reported in writing to the Contracting Officer.

(5) In order to acquire for its own use or dispose of property to which title is vested in the Government under this clause, the Contractor shall obtain the Contracting Officer's advance approval of the action and the terms. If approved, the basis for payment (the events or performance criteria) to which the property is related shall be deemed to be not in compliance with the terms of the contract and not payable (if the property is part of or needed for performance), and the Contractor shall refund the related performance-based payments in accordance with paragraph (d) of this clause.

(6) When the Contractor completes all of the obligations under this contract, including liquidation of all performance-based payments, title shall vest in the Contractor for all property (or the proceeds thereof) not --

(i) Delivered to, and accepted by, the Government under this contract; or

(ii) Incorporated in supplies delivered to, and accepted by, the Government under this contract and to which title is vested in the Government under this clause.

(7) The terms of this contract concerning liability for Government-furnished property shall not apply to property to which the Government acquired title solely under this clause.

(g) Risk of loss.