draft_Solicitation_15R0001_USAYPG_-3-2-17.docx

W9124R-15-R-0001

Section B - Supplies or Services and Prices

Operations

FFP

Use this CLIN for all employees that cannot be allocated to specific tasks. Base Period of Performance 1 June 2017 - 31 May 2018.

FOB: Destination

NET AMT

Preventive Maintenance

As described in PWS Para C.5.1.6, all Preventive Maintenance shall be performed under this CLIN. Base Period of Performance 1 June 2017 - 31 May 2018.

NET AMT

Job

Emergency Service Call-outs

Utilize this CLIN for emergency call-outs to inspect scenario and provide estimate for full repair. 4-hour flat rate. NTE $10,000. Base Period of Performance 1 June 2017 - 31 May 2018.

NET AMT

Negotiated IJOs

As described in the PWS Para C.5.1.6, the contractor shall use this CLIN for Negotiated IJOs for construction-type work using Construction Wage Rate Requirements General Decision labor categories and rates (formerly Davis-Bacon Act). Base Period of Performance 1 June 2017 - 31 May 2018.

NET AMT

Pest Control

As described in PWS para C.5.12, all tasks associated with Pest Control shall be performed under this CLIN. Base Period of Performance 1 June 2017 - 31 May 2018.

NET AMT

Grounds Maintenance

As described in PWS para C.5.20, all tasks associated with Grounds Maintenance shall be performed under this CLIN. Base Period of Performance 1 June 2017 - 31 May 2018.

NET AMT

Each

Reimbursables

COST

Utilize this CLIN for all reimbursable items to include short-term vehicle or equipment rental and purchase of approved materials. Base Period of Performance 1 June 2017 - 31 May 2018.

ESTIMATED COST

Contractor Manpower Reporting

Contract Manpower Reporting for Fiscal Year 17 in accordance with the Performance Work Statement (PWS) Paragraph 5.15. Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter NO COST. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. The reporting for this report is from 1 October 2016 thru 30 September 2017. The Contractor shall submit this report no later than 31 October 2017. A second report will be due 30 days after contract expiration for the labor performed during the period from 1 October 2017 thru May 2018. Base Period of Performance 1 June 2017 - 31 May 2018.

NET AMT

Phase-in

Phase-in will be performed in accordance with PWS Section XXXX. Phase-in begins XXXX 2017 and ends 31 July 2017. Base Period of Performance 1 June 2017 - 31 May 2018.

NET AMT

FFP

Use this CLIN for all employees that cannot be allocated to specific tasks. Option Period One, 1 June 2018 - 31 May 2019.

NET AMT

FFP

As described in PWS Para C.5.1.6, all Preventive Maintenance shall be performed under this CLIN. Option Period One, 1 June 2018 - 31 May 2019.

NET AMT

Job

FFP

Utilize this CLIN for emergency call-outs to inspect scenario and provide estimate for full repair. 4-hour flat rate. NTE $10,000. Option Period One, 1 June 2018 - 31 May 2019.

NET AMT

FFP

As described in the PWS Para C.5.1.6, the contractor shall use this CLIN for Negotiated IJOs for construction-type work using Construction Wage Rate Requirements General Decision labor categories and rates (formerly Davis-Bacon Act). Option Period One, 1 June 2018 - 31 May 2019.

NET AMT

FFP

As described in PWS para C.5.12, all tasks associated with Pest Control shall be performed under this CLIN. Option Period One, 1 June 2018 - 31 May 2019.

NET AMT

FFP

As described in PWS para C.5.20, all tasks associated with Grounds Maintenance shall be performed under this CLIN. Option Period One, 1 June 2018 - 31 May 2019.

NET AMT

Each

COST

Utilize this CLIN for all reimbursable items to include short-term vehicle or equipment rental and purchase of approved materials. Option Period One, 1 June 2018 - 31 May 2019.

ESTIMATED COST

FFP

Contract Manpower Reporting for Fiscal Year 18 in accordance with the Performance Work Statement (PWS) Paragraph 5.15. Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter NO COST. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. The reporting for this report is from 1 October 2017 thru 30 September 2018. The Contractor shall submit this report no later than 31 October 2018. A second report will be due 30 days after contract expiration for the labor performed during the period from 1 October 2018 thru May 2019. Option Period One, 1 June 2018 - 31 May 2019.

NET AMT

FFP

Use this CLIN for all employees that cannot be allocated to specific tasks. Option Period Two, 1 June 2019 - 31 May 2020.

NET AMT

FFP

As described in PWS Para C.5.1.6, all Preventive Maintenance shall be performed under this CLIN. Option Period Two, 1 June 2019 - 31 May 2020.

NET AMT

Job

FFP

Utilize this CLIN for emergency call-outs to inspect scenario and provide estimate for full repair. 4-hour flat rate. NTE $10,000. Option Period Two, 1 June 2019 - 31 May 2020.

NET AMT

FFP

As described in the PWS Para C.5.1.6, the contractor shall use this CLIN for Negotiated IJOs for construction-type work using Construction Wage Rate Requirements General Decision labor categories and rates (formerly Davis-Bacon Act). Option Period Two, 1 June 2019 - 31 May 2020.

NET AMT

FFP

As described in PWS para C.5.12, all tasks associated with Pest Control shall be performed under this CLIN. Option Period Two, 1 June 2019 - 31 May 2020.

NET AMT

FFP

As described in PWS para C.5.20, all tasks associated with Grounds Maintenance shall be performed under this CLIN. Option Period Two, 1 June 2019 - 31 May 2020.

NET AMT

Each

COST

Utilize this CLIN for all reimbursable items to include short-term vehicle or equipment rental and purchase of approved materials. Option Period Two, 1 June 2019 - 31 May 2020.

ESTIMATED COST

FFP

Contract Manpower Reporting for Fiscal Year 19 in accordance with the Performance Work Statement (PWS) Paragraph 5.15. Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter NO COST. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. The reporting for this report is from 1 October 2018 thru 30 September 2019. The Contractor shall submit this report no later than 31 October 2019. A second report will be due 30 days after contract expiration for the labor performed during the period from 1 October 2019 thru May 2020. Option Period Two, 1 June 2019 - 31 May 2020.

NET AMT

FFP

Use this CLIN for all employees that cannot be allocated to specific tasks. Option Period Three, 1 June 2020 - 31 May 2021.

NET AMT

FFP

As described in PWS Para C.5.1.6, all Preventive Maintenance shall be performed under this CLIN. Option Period Three, 1 June 2020 - 31 May 2021.

NET AMT

Job

FFP

Utilize this CLIN for emergency call-outs to inspect scenario and provide estimate for full repair. 4-hour flat rate. NTE $10,000. Option Period Three, 1 June 2020 - 31 May 2021.

NET AMT

FFP

As described in the PWS Para C.5.1.6, the contractor shall use this CLIN for Negotiated IJOs for construction-type work using Construction Wage Rate Requirements General Decision labor categories and rates (formerly Davis-Bacon Act). Option Period Three, 1 June 2020 - 31 May 2021.

NET AMT

FFP

As described in PWS para C.5.12, all tasks associated with Pest Control shall be performed under this CLIN. Option Period Three, 1 June 2020 - 31 May 2021.

NET AMT

FFP

As described in PWS para C.5.20, all tasks associated with Grounds Maintenance shall be performed under this CLIN. Option Period Three, 1 June 2020 - 31 May 2021.

NET AMT

Each

COST

Utilize this CLIN for all reimbursable items to include short-term vehicle or equipment rental and purchase of approved materials. Option Period Three, 1 June 2020 - 31 May 2021.

ESTIMATED COST

FFP

Contract Manpower Reporting for Fiscal Year 20 in accordance with the Performance Work Statement (PWS) Paragraph 5.15. Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter NO COST. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. The reporting for this report is from 1 October 2019 thru 30 September 2020. The Contractor shall submit this report no later than 31 October 2020. A second report will be due 30 days after contract expiration for the labor performed during the period from 1 October 2020 thru May 2021. Option Period Three 1 June 2020 - 31 May 2021.

NET AMT

FFP

Use this CLIN for all employees that cannot be allocated to specific tasks. Option Period Four, 1 June 2021 - 31 May 2022.

NET AMT

FFP

As described in PWS Para C.5.1.6, all Preventive Maintenance shall be performed under this CLIN. Option Period Four, 1 June 2021 - 31 May 2022.

NET AMT

Job

FFP

Utilize this CLIN for emergency call-outs to inspect scenario and provide estimate for full repair. 4-hour flat rate. NTE $10,000. Option Period Four, 1 June 2021 - 31 May 2022.

NET AMT

FFP

As described in the PWS Para C.5.1.6, the contractor shall use this CLIN for Negotiated IJOs for construction-type work using Construction Wage Rate Requirements General Decision labor categories and rates (formerly Davis-Bacon Act). Option Period Four, 1 June 2021 - 31 May 2022.

NET AMT

FFP

As described in PWS para C.5.12, all tasks associated with Pest Control shall be performed under this CLIN. Option Period Four, 1 June 2021 - 31 May 2022.

NET AMT

FFP

As described in PWS para C.5.20, all tasks associated with Grounds Maintenance shall be performed under this CLIN. Option Period Four, 1 June 2021 - 31 May 2022.

NET AMT

Each

COST

Utilize this CLIN for all reimbursable items to include short-term vehicle or equipment rental and purchase of approved materials. Option Period Four, 1 June 2021 - 31 May 2022.

ESTIMATED COST

FFP

Contract Manpower Reporting for Fiscal Year 21 in accordance with the Performance Work Statement (PWS) Paragraph 5.15. Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter NO COST. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil. The reporting for this report is from 1 October 2020 thru 30 September 2021. The Contractor shall submit this report no later than 31 October 2021. A second report will be due 30 days after contract expiration for the labor performed during the period from 1 October 2021 thru May 2022. Option Period Four, 1 June 2021 - 31 May 2022.

NET AMT

Section C - Descriptions and Specifications

C.1 PERFORMANCE WORK STATEMENT

C.1 PERFORMANCE WORK STATEMENT

Description of the work to be performed by the Contractor is set forth in the Directorate of Public Works Performance Work Statement (PWS) entitled “Attachment 1 -W9124R-15-R-0001 PWS YPG ISS XX-XX-XXXX" and provided as attached to this Solicitation.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.246-11 HIGHER-LEVEL CONTRACT QUALITY REQUIREMENT (DEC 2014)

(a) The Contractor shall comply with the higher-level quality standard(s) listed below.

[ ___ Contracting Officer insert the title, number, date, and tailoring (if any) of the higher-level quality standards.]

(b) The Contractor shall include applicable requirements of the higher-level quality standard(s) listed in paragraph (a) of this clause and the requirement to flow down such standards, as applicable, to lower-tier subcontracts, in--

(1) Any subcontract for critical and complex items (see 46.203(b) and (c)); or

(2) When the technical requirements of a subcontract require--

(i) Control of such things as design, work operations, in-process control, testing, and inspection; or

(ii) Attention to such factors as organization, planning, work instructions, documentation control, and advanced metrology.

(End of clause)

Section F - Deliveries or Performance

Section G - Contract Administration Data

252.204-0002 LINE ITEM SPECIFIC: SEQUENTIAL ACRN ORDER. (SEP 2009)

The payment office shall make payment in sequential ACRN order within the line item, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order: Alpha/Alpha; Alpha/numeric; numeric/alpha; and numeric/numeric.

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(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.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by 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.acquisition.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 must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

Cost Voucher

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(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

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

To be filled in at award.

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section I - Contract Clauses

52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from http://www.dodig.mil/HOTLINE/hotline_posters.htm

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million , except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2017)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 561210

(2) The small business size standard is $38.5 Million.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently registered in System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

( ) Paragraph (d) applies.

( ) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements--Representation. This provision applies to all solicitations.

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7, System for Award Management.

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.209-2; Prohibition on Contracting with Inverted Domestic Corporations--Representation.

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.209-11, Representation by Corporations Regarding elinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations.

(ix) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xiv) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xv) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.222-57, Representation Regarding Compliance with Labor Laws (Executive Order 13673). This provision applies to solicitations expected to exceed $50 million which are issued from October 25, 2016 through April 24, 2017, and solicitations expected to exceed $500,000, which are issued after April 24, 2017.

Note to paragraph (c)(1)(xvi): By a court order issued on October 24, 2016, 52.222-57 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xvii) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xviii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.

(xix) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals--Representation. This provision applies to solicitations that include the clause at 52.204-7.)

(xx) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xxi) 52.225-4, Buy American--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $77,533, the provision with its Alternate II applies.

(D) If the acquisition value is $77,533 or more but is less than $100,000, the provision with its Alternate III applies.

(xxii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xxiii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xxiv) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.

(xxv) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions.

(2) The following representations or certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.204-20, Predecessor of Offeror.

(iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Certification.

(v) 52.222-52 Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Certification.

(vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

(vii) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

(End of provision)

52.216-7 ALLOWABLE COST AND PAYMENT (JUN 2013)

(a) Invoicing.

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

(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.

(3) The designated payment office will make interim payments for contract financing on the 30th day after the designated billing office receives a proper payment request.

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

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

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

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

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

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

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

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

(C) Direct labor;

(D) Direct travel;

(E) Other direct in-house costs; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(F) Facilities capital cost of money factors computation.

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

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

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

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

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

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

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

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

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

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

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

(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at http://www.whitehouse.gov/omb/procurement_index_exec_comp/.

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

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

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

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

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

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

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

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

(K) Federal and State income tax returns.

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

(M) Minutes from board of directors meetings.

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

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

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

(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates.