W912P420R0004.pdf
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- Attached to
- Luckey Remediation Services Federal contract opportunity
- Solicitation number
- W912P420R0004
About this file
This solicitation requests proposals for environmental remediation and support services at the Luckey site in Wood County, Ohio. The site was previously used for beryllium processing in support of national defense from 1949 to 1961. Contaminants of concern include beryllium, lead, and various radionuclides in soils, sediments, and groundwater.
The solicitation seeks proposals to excavate, transport, and dispose of contaminated materials at a licensed facility. Additional services may include site maintenance, security, project management, quality control, permitting and regulatory support, air monitoring, sampling and analysis, laboratory operation, stormwater and wastewater management, well decommissioning and installation, and restoration activities. Material handling and accounting procedures must ensure safety and regulatory compliance. Transportation safety is also required. The pre-proposal conference will be held virtually on June 24th and all questions are due by July 10th. The government plans to respond to questions by July 24th and does not intend to extend the proposal due date. This is a competitive small business set-aside solicitation from the USACE Buffalo District.
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Text version
CODE
(Hour)
PAGE(S)
until 03:00 PM local time 05 Aug 2020
A
X B
X C
D
EX
X
G
F 32 - 40
41 - 49
H 50 - 56 jeffrey .g.ernest@usace.army .mil
RATING PAGE OF PAGES
7. ISSUED BY
(Date)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)
Prescribed by GSA
FAR (48 CFR) 53.214(c)
1 56
(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.
W912P4 8. ADDRESS OFFER TO
See Item 7
9. Sealed offers in original and 0 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and
See Section L conditions contained in this solicitation.
10. FOR INFORMATION
CALL:
A. NAME (NO COLLECT CALLS)
JEFFREY G. ERNEST 716.879.4173
11. TABLE OF CONTENTS
SOLICITATION/ CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/ COSTS
2 - 11
X I CONTRACT CLAUSES
DESCRIPTION/ SPECS./ WORK STATEMENT X
PACKAGING AND MARKING
12 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)
X M
L INSTRS., CONDS., AND NOTICES TO OFFERORS
EVALUATION FACTORS FOR AWARD
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause No. 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments
AMENDMENT NO. DATE
to the SOLICITATION for offerors and related documents numbered and dated):
FACILITY
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period
SOLICITATION, OFFER AND AWARD
X
(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)
PART I - THE SCHEDULE
26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE
EMAIL:TEL: (Signature of Contracting Officer)
CODE CODE
B. TELEPHONE (Include area code) C. E-MAIL ADDRESS
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:
10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)
23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM
24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE
PART IV - REPRESENTATIO NS AND INSTRUCTIO NS
PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS
15 - 30
PART II - CO NTRACT CLAUSES
U.S. ARMY ENGINEER DISTRICT, BUFFALO
1776 NIAGARA STREET
BUFFALO NY 14207-3199
716.879.4173
FAX:
TEL:
FAX:
TEL:
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
6. REQUISITION/PURCHASE NO.5. DATE ISSUED
17 Jun 2020
4. TYPE OF SOLICITATION
SEALED BID (IFB)
NEGOTIATED (RFP)
[ X ]
3. SOLICITATION NO.
W912P420R0004
Section B - Supplies or Services and Prices
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Job Mobilization
FFP
Reference is made to PWS Section 7.1. Period of Performance (PoP) for this
CLIN will be identified by the Government based on proposed PoP contained in offeror's proposal.
FOB: Destination
PSC CD: F108
NET AMT
0002 Job Demobilization
FFP
Reference is made to PWS 7.4. Period of Performance (PoP) for this CLIN will be identified by the Government based on proposed PoP contained in offeror's proposal.
0003 Job Soil Remediation (Trenches 1 and 2)
CPFF
Remediation of Soils will be accomplished using this CPFF CLIN. Period of
Performance (PoP) for this CLIN will be identified by the Government based on proposed PoP contained in offeror's proposal.
ESTIMATED COST
FIXED FEE
TOTAL EST COST + FEE
0004 63,465 Dry Ton T&D (Trenches 1 and 2)
FFP
Transportation and Disposal (T&D) will be accomplished using this CLIN. The unit of issue is Tons. The Government will pay the unit price regardless of the final quantity. Period of Performance (PoP) for this CLIN will be identified by the
Government based on proposed PoP contained in offeror's proposal.
0005 Job OPTION Soil Remediation (Trench 3)
CPFF
Remediation of Soils will be accomplished using this CPFF CLIN. Period of
Performance (PoP) for this CLIN will be identified by the Government based on proposed PoP contained in offeror's proposal.
0006 26,075 Dry Ton OPTION T&D (Trench 3)
FFP
Transportation and Disposal (T&D) will be accomplished using this CLIN. The unit of issue is Tons. The Government will pay the unit price regardless of the final quantity. Period of Performance (PoP) for this CLIN will be identified by the
Government based on proposed PoP contained in offeror's proposal.
0007 Job OPTION Soil Remediation (Trenches 4 and 5)
CPFF
Remediation of Soils will be accomplished using this CPFF CLIN. Period of
Performance (PoP) for this CLIN will be identified by the Government based on proposed PoP contained in offeror's proposal.
0008 30,147 Dry Ton OPTION T&D (Trenches 4 and 5)
FFP
Transportation and Disposal (T&D) will be accomplished using this CLIN. The unit of issue is Tons. The Government will pay the unit price regardless of the final quantity. Period of Performance (PoP) for this CLIN will be identified by the
Government based on proposed PoP contained in offeror's proposal.
0009 Job OPTION Soil Remediation (Storage Area)
CPFF
Remediation of Soils will be accomplished using this CPFF CLIN. Period of
Performance (PoP) for this CLIN will be identified by the Government based on proposed PoP contained in offeror's proposal.
0010 1,356 Dry Ton OPTION T&D (Storage Area)
FFP
Transportation and Disposal (T&D) will be accomplished using this CLIN. The unit of issue is Tons. The Government will pay the unit price regardless of the final quantity. Period of Performance (PoP) for this CLIN will be identified by the
Government based on proposed PoP contained in offeror's proposal.
0011 Job OPTION Soil Remediation (Under Production Bldg)
CPFF
Remediation of Soils will be accomplished using this CPFF CLIN. Period of
Performance (PoP) for this CLIN will be identified by the Government based on proposed PoP contained in offeror's proposal.
0012 2,855 Dry Ton OPTION T&D (Under Production Building)
FFP
Transportation and Disposal (T&D) will be accomplished using this CLIN. The unit of issue is Tons. The Government will pay the unit price regardless of the final quantity. Period of Performance (PoP) for this CLIN will be identified by the
Government based on proposed PoP contained in offeror's proposal.
0013 Job OPTION Soil Remediation (Ditch)
CPFF
Remediation of Soils will be accomplished using this CPFF CLIN. Period of
Performance (PoP) for this CLIN will be identified by the Government based on proposed PoP contained in offeror's proposal.
0014 1,598 Dry Ton OPTION T&D (Ditch)
FFP
Transportation and Disposal (T&D) will be accomplished using this CLIN. The unit of issue is Tons. The Government will pay the unit price regardless of the final quantity. Period of Performance (PoP) for this CLIN will be identified by the
Government based on proposed PoP contained in offeror's proposal.
0015 Job OPTION Melting, Alloying, & Shipping Building
CPFF
Building Deconstruction. Period of Performance (PoP) for this CLIN will be identified by the Government based on proposed PoP contained in offeror's proposal.
0016 Job OPTION Laboratory Building
CPFF
Building Deconstruction. Period of Performance (PoP) for this CLIN will be identified by the Government based on proposed PoP contained in offeror's proposal.
0017 Job OPTION Maintenance Office Building
CPFF
Building Deconstruction. Period of Performance (PoP) for this CLIN will be identified by the Government based on proposed PoP contained in offeror's proposal.
0018 Job OPTION Main Office Building
CPFF
Building Deconstruction. Period of Performance (PoP) for this CLIN will be identified by the Government based on proposed PoP contained in offeror's proposal.
0019 Job OPTION Employee Activity Building
CPFF
Building Deconstruction. Period of Performance (PoP) for this CLIN will be identified by the Government based on proposed PoP contained in offeror's proposal.
0020 Job OPTION Shack
CPFF
Building Deconstruction. Period of Performance (PoP) for this CLIN will be identified by the Government based on proposed PoP contained in offeror's proposal.
0021 Job OPTION Small Structures
CPFF
Building Deconstruction. Period of Performance (PoP) for this CLIN will be identified by the Government based on proposed PoP contained in offeror's proposal.
Section C - Descriptions and Specifications
PERFORMANCE WORK STATEMENT
See Attachment 1 entitled “Performance Work Statement”
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY
0001 Destination Government Destination Government
0002 Destination Government Destination Government
0003 Destination Government Destination Government
0004 Destination Government Destination Government
0005 Destination Government Destination Government
0006 Destination Government Destination Government
0007 Destination Government Destination Government
0008 Destination Government Destination Government
0009 Destination Government Destination Government
0010 Destination Government Destination Government
0011 Destination Government Destination Government
0012 Destination Government Destination Government
0013 Destination Government Destination Government
0014 Destination Government Destination Government
0015 Destination Government Destination Government
0016 Destination Government Destination Government
0017 Destination Government Destination Government
0018 Destination Government Destination Government
0019 Destination Government Destination Government
0020 Destination Government Destination Government
0021 Destination Government Destination Government
CLAUSES INCORPORATED BY REFERENCE
52.246-4 Inspection Of Services--Fixed Price AUG 1996
52.246-5 Inspection Of Services Cost-Reimbursement APR 1984
Section F - Deliveries or Performance
52.242-15 Stop-Work Order AUG 1989
52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984
52.242-17 Government Delay Of Work APR 1984
Section I - Contract Clauses
52.202-1 Definitions NOV 2013
52.203-3 Gratuities APR 1984
52.203-5 Covenant Against Contingent Fees MAY 2014
52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006
52.203-7 Anti-Kickback Procedures MAY 2014
52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or
Improper Activity
MAY 2014
52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014
52.203-12 Limitation On Payments To Influence Certain Federal
Transactions
OCT 2010
52.203-13 Contractor Code of Business Ethics and Conduct OCT 2015
52.203-19 Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements
JAN 2017
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 2018
52.204-13 System for Award Management Maintenance OCT 2018
52.204-18 Commercial and Government Entity Code Maintenance JUL 2016
52.204-19 Incorporation by Reference of Representations and
Certifications.
DEC 2014
52.204-23 Prohibition on Contracting for Hardware, Software, and
Services Developed or Provided by Kaspersky Lab and Other
Covered Entities.
JUL 2018
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
AUG 2019
52.209-6 Protecting the Government's Interest When Subcontracting
With Contractors Debarred, Suspended, or Proposed for
Debarment
OCT 2015
52.209-9 Updates of Publicly Available Information Regarding
Responsibility Matters
OCT 2018
52.209-10 Prohibition on Contracting With Inverted Domestic
Corporations
NOV 2015
52.210-1 Market Research APR 2011
52.215-2 Audit and Records--Negotiation OCT 2010
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
52.215-15 Pension Adjustments and Asset Reversions OCT 2010
52.215-18 Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) Other than Pensions
JUL 2005
52.215-19 Notification of Ownership Changes OCT 1997
52.215-21 Alt III Requirements for Certified Cost or Pricing Data and Data
Other Than Certified Cost or Pricing Data -- Modifications
(Oct 2010) - Alternate III
OCT 1997
52.215-23 Limitations on Pass-Through Charges OCT 2009
52.216-7 Allowable Cost And Payment AUG 2018
52.216-8 Fixed Fee JUN 2011
52.219-6 (Dev) Notice of Total Small Business Set-Aside (DEVIATION
2020-O0008).
MAR 2020
52.219-8 Utilization of Small Business Concerns OCT 2018
52.219-14 (Dev) Limitations on Subcontracting (DEVIATION 2020-O0008) MAR 2020
52.219-28 Post-Award Small Business Program Rerepresentation JUL 2013
52.222-2 Payment For Overtime Premiums JUL 1990
52.222-3 Convict Labor JUN 2003
52.222-4 Contract Work Hours and Safety Standards - Overtime
Compensation
MAY 2018
52.222-17 Nondisplacement of Qualified Workers MAY 2014
52.222-21 Prohibition Of Segregated Facilities APR 2015
52.222-26 Equal Opportunity SEP 2016
52.222-37 Employment Reports on Veterans FEB 2016
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act
DEC 2010
52.222-41 Service Contract Labor Standards AUG 2018
52.222-43 Fair Labor Standards Act And Service Contract Labor
Standards - Price Adjustment (Multiple Year And Option
Contracts)
AUG 2018
52.222-50 Combating Trafficking in Persons JAN 2019
52.222-54 Employment Eligibility Verification OCT 2015
52.222-55 Minimum Wages Under Executive Order 13658 DEC 2015
52.222-62 Paid Sick Leave Under Executive Order 13706 JAN 2017
52.223-2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts
SEP 2013
52.223-3 Hazardous Material Identification And Material Safety Data JAN 1997
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
AUG 2018
52.223-18 Encouraging Contractor Policies To Ban Text Messaging
While Driving
AUG 2011
52.223-19 Compliance with Environmental Management Systems MAY 2011
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
52.227-17 Rights In Data-Special Works DEC 2007
52.228-7 Insurance--Liability To Third Persons MAR 1996
52.229-3 Federal, State And Local Taxes FEB 2013
52.232-1 Payments APR 1984
52.232-8 Discounts For Prompt Payment FEB 2002
52.232-9 Limitation On Withholding Of Payments APR 1984
52.232-11 Extras APR 1984
52.232-17 Interest MAY 2014
52.232-23 Assignment Of Claims MAY 2014
52.232-25 Prompt Payment JAN 2017
52.232-25 Alt I Prompt Payment (Jan 2017) Alternate I FEB 2002
52.232-33 Payment by Electronic Funds Transfer--System for Award
Management
OCT 2018
52.232-39 Unenforceability of Unauthorized Obligations JUN 2013
52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.233-1 Alt I Disputes (May 2014) - Alternate I DEC 1991
52.233-3 Protest After Award AUG 1996
52.233-3 Alt I Protest After Award (Aug 1996) - Alternate I JUN 1985
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.236-13 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
52.242-1 Notice of Intent to Disallow Costs APR 1984
52.242-2 Production Progress Reports APR 1991
52.242-3 Penalties for Unallowable Costs MAY 2014
52.242-4 Certification of Final Indirect Costs JAN 1997
52.242-13 Bankruptcy JUL 1995
52.243-1 Alt I Changes--Fixed Price (Aug 1987) - Alternate I APR 1984
52.243-2 Alt I Changes--Cost-Reimbursement (Aug 1987) - Alternate I APR 1984
52.243-4 Changes JUN 2007
52.244-2 Subcontracts OCT 2010
52.244-5 Competition In Subcontracting DEC 1996
52.244-6 Subcontracts for Commercial Items AUG 2019
52.245-1 Government Property JAN 2017
52.245-9 Use And Charges APR 2012
52.246-25 Limitation Of Liability--Services FEB 1997
52.247-1 Commercial Bill Of Lading Notations FEB 2006
52.249-2 Termination For Convenience Of The Government (Fixed-
Price)
APR 2012
52.249-6 Termination (Cost Reimbursement) MAY 2004
52.249-8 Default (Fixed-Price Supply & Service) APR 1984
52.249-8 Alt I Default (Fixed-Price Supply and Service) (Apr 1984) -
Alternate I
APR 1984
52.249-14 Excusable Delays APR 1984
52.251-1 Government Supply Sources APR 2012
52.253-1 Computer Generated Forms JAN 1991
252.201-7000 Contracting Officer's Representative DEC 1991
252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense-
Contract-Related Felonies
DEC 2008
252.203-7002 Requirement to Inform Employees of Whistleblower Rights SEP 2013
252.203-7003 Agency Office of the Inspector General AUG 2019
252.203-7004 Display of Hotline Posters AUG 2019
252.204-7000 Disclosure Of Information OCT 2016
252.204-7003 Control Of Government Personnel Work Product APR 1992
252.204-7004 Antiterrorism Awareness Training for Contractors. FEB 2019
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting
OCT 2016
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
252.204-7018 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services
DEC 2019
252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991
252.209-7004 Subcontracting With Firms That Are Owned or Controlled By
The Government of a Country that is a State Sponsor of
Terrorism
MAY 2019
252.211-7007 Reporting of Government-Furnished Property AUG 2012
252.215-7008 Only One Offer JUL 2019
252.215-7013 Supplies and Services Provided by Nontraditional Defense
Contractors.
JAN 2018
252.223-7004 Drug Free Work Force SEP 1988
252.223-7006 Prohibition On Storage, Treatment, and Disposal of Toxic or
Hazardous Materials
SEP 2014
252.223-7008 Prohibition of Hexavalent Chromium JUN 2013
252.225-7004 Report of Intended Performance Outside the United States and Canada--Submission after Award
MAY 2019
252.225-7012 Preference For Certain Domestic Commodities DEC 2017
252.225-7048 Export-Controlled Items JUN 2013
252.225-7052 Restriction on the Acquisition of Certain Magnets and
Tungsten.
DEC 2019
252.226-7001 Utilization of Indian Organizations and Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business
Concerns
APR 2019
252.227-7013 Rights in Technical Data--Noncommercial Items FEB 2014
252.227-7014 Rights in Noncommercial Computer Software and
Noncommercial Computer Software Documentation
FEB 2014
252.231-7000 Supplemental Cost Principles DEC 1991
252.232-7003 Electronic Submission of Payment Requests and Receiving
Reports
DEC 2018
252.232-7004 (Dev) DoD Progress Payment Rates (DEVIATION 2020-O0010) MAR 2020
252.232-7010 Levies on Contract Payments DEC 2006
252.234-7002 Earned Value Management System MAY 2011
252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.242-7006 Accounting System Administration FEB 2012
252.243-7001 Pricing Of Contract Modifications DEC 1991
252.243-7002 Requests for Equitable Adjustment DEC 2012
252.244-7000 Subcontracts for Commercial Items JUN 2013
252.244-7001 Contractor Purchasing System Administration MAY 2014
252.245-7001 Tagging, Labeling, and Marking of Government-Furnished
Property
APR 2012
252.245-7002 (Dev) Reporting Loss of Government Property (DEVIATION 2020-
O0004)
FEB 2020
252.245-7003 Contractor Property Management System Administration APR 2012
252.245-7004 Reporting, Reutilization, and Disposal DEC 2017
252.246-7001 Warranty Of Data MAR 2014
252.247-7023 Transportation of Supplies by Sea FEB 2019
252.251-7000 Ordering From Government Supply Sources AUG 2012
CLAUSES INCORPORATED BY FULL TEXT
52.204-21 BASIC SAFEGUARDING OF COVERED CONTRACTOR INFORMATION SYSTEMS (JUN 2016)
(a) Definitions. As used in this clause--
Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.
Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public Web sites) or simple transactional information, such as necessary to process payments.
Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on
National Security Systems Instruction (CNSSI) 4009).
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information (44 U.S.C. 3502).
Safeguarding means measures or controls that are prescribed to protect information systems.
(b) Safeguarding requirements and procedures.
(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:
(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices
(including other information systems).
(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.
(iii) Verify and control/limit connections to and use of external information systems.
(iv) Control information posted or processed on publicly accessible information systems.
(v) Identify information system users, processes acting on behalf of users, or devices.
(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.
(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.
(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.
(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.
(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.
(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.
(xii) Identify, report, and correct information and information system flaws in a timely manner.
(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.
(xiv) Update malicious code protection mechanisms when new releases are available.
(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.
(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other
Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order
13556.
(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial items, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.
(End of clause)
52.217-8 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 30 days.
52.217-9 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 30 days;
provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days 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 120 months.
52.222-35 EQUAL OPPORTUNITY FOR VETERANS (OCT 2015)
(a) Definitions. As used in this clause--
``Active duty wartime or campaign badge veteran,'' ``Armed Forces service medal veteran,'' ``disabled veteran,''
``protected veteran,'' ``qualified disabled veteran,'' and ``recently separated veteran'' have the meanings given at FAR
22.1301.
(b) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41
CFR 60-300.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified protected veterans, and requires affirmative action by the Contractor to employ and advance in employment qualified protected veterans.
(c) Subcontracts. The Contractor shall insert the terms of this clause in subcontracts of $150,000 or more unless exempted by rules, regulations, or orders of the Secretary of Labor. The Contractor shall act as specified by the
Director, Office of Federal Contract Compliance Programs, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES (JUL 2014)
(a) Equal opportunity clause. The Contractor shall abide by the requirements of the equal opportunity clause at 41
CFR 60-741.5(a), as of March 24, 2014. This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
(b) Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act as specified by the Director, Office of Federal
Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
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
Laborer Group 1 Building $27.23 $14.10 $41.33
Laborer Group 1 HvvHwy $32.05 $11.25 $43.30
52.232-22 LIMITATION OF FUNDS (APR 1984)
(a) The parties estimate that performance of this contract will not cost the Government more than (1) the estimated cost specified in the Schedule or, (2) if this is a cost-sharing contract, the Government's share of the estimated cost specified in the Schedule. The Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within the estimated cost, which, if this is a cost-sharing contract, includes both the Government's and the Contractor's share of the cost.
(b) The Schedule specifies the amount presently available for payment by the Government and allotted to this contract, the items covered, the Government's share of the cost if this is a cost-sharing contract, and the period of performance it is estimated the allotted amount will cover. The parties contemplate that the Government will allot additional funds incrementally to the contract up to the full estimated cost to the Government specified in the
Schedule, exclusive of any fee. The Contractor agrees to perform, or have performed, work on the contract up to the point at which the total amount paid and payable by the Government under the contract approximates but does not exceed the total amount actually allotted by the Government to the contract.
(c) The Contractor shall notify the Contracting Officer in writing whenever it has reason to believe that the costs it expects to incur under this contract in the next 60 days, when added to all costs previously incurred, will exceed 75 percent of (1) the total amount so far allotted to the contract by the Government or, (2) if this is a cost-sharing contract, the amount then allotted to the contract by the Government plus the Contractor's corresponding share. The notice shall state the estimated amount of additional funds required to continue performance for the period specified in the Schedule.
(d) Sixty days before the end of the period specified in the Schedule, the Contractor shall notify the Contracting
Officer in writing of the estimated amount of additional funds, if any, required to continue timely performance under the contract or for any further period specified in the Schedule or otherwise agreed upon, and when the funds will be required.
(e) If, after notification, additional funds are not allotted by the end of the period specified in the Schedule or another agreed-upon date, upon the Contractor's written request the Contracting Officer will terminate this contract on that date in accordance with the provisions of the Termination clause of this contract. If the Contractor estimates that the funds available will allow it to continue to discharge its obligations beyond that date, it may specify a later date in its request, and the Contracting Officer may terminate this contract on that later date.
(f) Except as required by other provisions of this contract, specifically citing and stated to be an exception to this clause--
(1) The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this contract; and
(2) The Contractor is not obligated to continue performance under this contract (including actions under the
Termination clause of this contract) or otherwise incur costs in excess of (i) the amount then allotted to the contract by the Government or, (ii) if this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor's corresponding share, until the Contracting Officer notifies the Contractor in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this contract.
(g) The estimated cost shall be increased to the extent that (1) the amount allotted by the Government or, (2) if this is a cost-sharing contract, the amount then allotted by the Government to the contract plus the Contractor's corresponding share, exceeds the estimated cost specified in the Schedule. If this is a cost-sharing contract, the increase shall be allocated in accordance with the formula specified in the Schedule.
(h) No notice, communication, or representation in any form other than that specified in subparagraph (f)(2) above, or from any person other than the Contracting Officer, shall affect the amount allotted by the Government to this contract. In the absence of the specified notice, the Government is not obligated to reimburse the Contractor for any costs in excess of the total amount allotted by the Government to this contract, whether incurred during the course of the contract or as a result of termination.
(i) When and to the extent that the amount allotted by the Government to the contract is increased, any costs the
Contractor incurs before the increase that are in excess of (1) the amount previously allotted by the Government or,
(2) if this is a cost-sharing contract, the amount previously allotted by the Government to the contract plus the
Contractor's corresponding share, shall be allowable to the same extent as if incurred afterward, unless the
Contracting Officer issues a termination or other notice and directs that the increase is solely to cover termination or other specified expenses.
(j) Change orders shall not be considered an authorization to exceed the amount allotted by the Government specified in the Schedule, unless they contain a statement increasing the amount allotted.
(k) Nothing in this clause shall affect the right of the Government to terminate this contract. If this contract is terminated, the Government and the Contractor shall negotiate an equitable distribution of all property produced or purchased under the contract, based upon the share of costs incurred by each.
(l) If the Government does not allot sufficient funds to allow completion of the work, the Contractor is entitled to a percentage of the fee specified in the Schedule equalling the percentage of completion of the work contemplated by this contract.
52.248-1 VALUE ENGINEERING (OCT 2010) - ALTERNATE I (APR 1984)
(a) General. The Contractor shall (1) engage in a value engineering program, and submit value engineering progress reports, as specified in the Schedule and (2) submit to the Contracting Officer any resulting value engineering change proposals (VECP's). In addition to being paid as the Schedule specifies for this mandatory program, the
Contractor shall share in any net acquisition savings realized from accepted VECP's, in accordance with the program requirement sharing rates in paragraph (f) below.
(b) Definitions. "Acquisition savings,'' as used in this clause, means savings resulting from the application of a
VECP to contracts awarded by the same contracting office or its successor for essentially the same unit. Acquisition savings include--
(1) Instant contract savings, which are the net cost reductions on this, the instant contract, and which are equal to the instant unit cost reduction multiplied by the number of instant contract units affected by the VECP, less the
Contractor's allowable development and implementation costs;
(2) Concurrent contract savings, which are net reductions in the prices of other contracts that are definitized and ongoing at the time the VECP is accepted; and
(3) Future contract savings, which are the product of the future unit cost reduction multiplied by the number of future contract units scheduled for delivery during the sharing period. If this contract is a multiyear contract, future contract savings include savings on quantities funded after VECP acceptance.
"Collateral costs," as used in this clause, means agency cost of operation, maintenance, logistic support, or
Government-furnished property.
"Collateral savings," as used in this clause, means those measurable net reductions resulting from a VECP in the agency's overall projected collateral costs, exclusive of acquisition savings, whether or not the acquisition cost changes.
"Contracting office" includes any contracting office that the acquisition is transferred to, such as another branch of the agency or another agency's office that is performing a joint acquisition action.
"Contractor's development and implementation costs," as used in this clause, means those costs the Contractor incurs on a VECP specifically in developing, testing, preparing, and submitting the VECP, as well as those costs the
Contractor incurs to make the contractual changes required by Government acceptance of a VECP.
"Future unit cost reduction," as used in this clause, means the instant unit cost reduction adjusted as the Contracting
Officer considers necessary for projected learning or changes in quantity during the sharing period. It is calculated at the time the VECP is accepted and applies either (1) throughout the sharing period, unless the Contracting Officer decides that recalculation is necessary because conditions are significantly different from those previously anticipated or (2) to the calculation of a lump-sum payment, which cannot later be revised.
"Government costs," as used in this clause, means those agency costs that result directly from developing and implementing the VECP, such as any net increases in the cost of testing, operations, maintenance, and logistics support. The term does not include the normal administrative costs of processing the VECP or any increase in this contract's cost or price resulting from negative instant contract savings.
"Instant contract," as used in this clause, means this contract, under which the VECP is submitted. It does not include increases in quantities after acceptance of the VECP that are due to contract modifications, exercise of options, or additional orders. If this is a multiyear contract, the term does not include quantities funded after VECP acceptance. If this contract is a fixed-price contract with prospective price redetermination, the term refers to the period for which firm prices have been established.
"Instant unit cost reduction" means the amount of the decrease in unit cost of performance (without deducting any
Contractor's development or implementation costs) resulting from using the VECP on this, the instant contract. If this is a service contract, the instant unit cost reduction is normally equal to the number of hours per line-item task saved by using the VECP on this contract, multiplied by the appropriate contract labor rate.
"Negative instant contract savings" means the increase in the cost or price of this contract when the acceptance of a
VECP results in an excess of the Contractor's allowable development and implementation costs over the product of the instant unit cost reduction multiplied by the number of instant contract units affected.
"Net acquisition savings" means total acquisition savings, including instant, concurrent, and future contract savings, less Government costs.
"Sharing base," as used in this clause, means the number of affected end items on contracts of the contracting office accepting the VECP.
"Sharing period," as used in this clause, means the period beginning with acceptance of the first unit incorporating the VECP and ending at the later of (1) 3 years after the first unit affected by the VECP is accepted or (2) the last scheduled delivery date of an item affected by the VECP under this contract's delivery schedule in effect at the time the VECP is accepted.
"Unit," as used in this clause, means the item or task to which the Contracting Officer and the Contractor agree the
VECP applies.
"Value engineering change proposal (VECP)" means a proposal that--
(1) Requires a change to this, the instant contract, to implement; and
(2) Results in reducing the overall projected cost to the agency without impairing essential functions or characteristics; provided, that it does not involve a change--
(i) In deliverable end item quantities only;
(ii) In research and development (R&D) end items or R&D test quantities that is due solely to results of previous testing under this contract; or
(iii) To the contract type only.
(c) VECP preparation. As a minimum, the Contractor shall include in each VECP the information described in subparagraphs (1) through (8) below. If the proposed change is affected by contractually required configuration management or similar procedures, the instructions in those procedures relating to format, identification, and priority assignment shall govern VECP preparation. The VECP shall include the following:
(1) A description of the difference between the existing contract requirement and the proposed requirement, the comparative advantages and disadvantages of each, a justification when an item's function or characteristics are being altered, the effect of the change on the end item's performance, and any pertinent objective test data.
(2) A list and analysis of the contract requirements that must be changed if the VECP is accepted, including any suggested specification revisions.
(3) Identification of the unit to which the VECP applies.
(4) A separate, detailed cost estimate for (i) the affected portions of the existing contract requirement and (ii) the
VECP. The cost reduction associated with the VECP shall take into account the Contractor's allowable development and implementation costs, including any amount attributable to subcontracts under the Subcontracts paragraph of this clause, below.
(5) A description and estimate of costs the Government may incur in implementing the VECP, such as test and evaluation and operating and support costs.
(6) A prediction of any effects the proposed change would have on collateral costs to the agency.
(7) A statement of the time by which a contract modification accepting the VECP must be issued in order to achieve the maximum cost reduction, noting any effect on the contract completion time or delivery schedule.
(8) Identification of any previous submissions of the VECP, including the dates submitted, the agencies and contract numbers involved, and previous Government actions, if known.
(d) Submission. The Contractor shall submit VECP's to the Contracting Officer, unless this contract states otherwise.
If this contract is administered by other than the contracting office, the Contractor shall submit a copy of the VECP simultaneously to the Contracting Officer and to the Administrative Contracting Officer.
(e) Government action. (1) The Contracting Officer shall notify the Contractor of the status of the VECP within 45 calendar days after the contracting office receives it. If additional time is required, the Contracting Officer shall notify the Contractor within the 45-day period and provide the reason for the delay and the expected date of the decision. The Government will process VECP's expeditiously; however, it shall not be liable for any delay in acting upon a VECP.
(2) If the VECP is not accepted, the Contracting Officer shall notify the Contractor in writing, explaining the reasons for rejection. The Contractor may withdraw any VECP, in whole or in part, at any time before it is accepted by the
Government. The Contracting Officer may require that the Contractor provide written notification before undertaking significant expenditures for VECP effort.
(3) Any VECP may be accepted, in whole or in part, by the Contracting Officer's award of a modification to this contract citing this clause and made either before or within a reasonable time after contract performance is completed. Until such a contract modification applies a VECP to this contract, the Contractor shall perform in accordance with the existing contract. The decision to accept or reject all or part of any VECP is a unilateral decision made solely at the discretion of the Contracting Officer.
(f) Sharing rates. If a VECP is accepted, the Contractor shall share in net acquisition savings according to the percentages shown in the table below. The percentage paid the Contractor depends upon (1) this contract's type
(fixed-price, incentive, or cost-reimbursement), (2) the sharing arrangement specified in paragraph (a) above
(incentive, program requirement, or a combination as delineated in the Schedule), and (3) the source of the savings
(the instant contract, or concurrent and future contracts), as follows:
CONTRACTOR'S SHARE OF NET ACQUISITION SAVINGS
(Figures in percent)
Contract Type Incentive (Voluntary) Program Requirement
(Mandatory)
Instant Contract
Rate
Concurrent and
Future Contract
Rate
Instant Contract
Rate
Concurrent and
Future Contract
Rate
Fixed-price
(includes fixed-price-award-fee;
excludes other fixed-price incentive contracts)
(1) 50 (1) 50 25 25
Incentive (fixed-price or cost)
(other than award fee)
(2) (1) 50 (2) 25
Cost-reimbursement
(includes cost-plus-award-fee;
excludes other cost-type incentive
Contracts)
(3) 25 (3) 25 15 15
(1) The Contracting Officer may increase the Contractor's sharing rate to as high as 75 percent for each VECP.
(2) Same sharing arrangement as the contract's profit or fee adjustment formula.
(3) The Contracting Officer may increase the Contractor's sharing rate to as high as 50 percent for each VECP.
(g) Calculating net acquisition savings.
(1) Acquisition savings are realized when (i) the cost or price is reduced on the instant contract, (ii) reductions are negotiated in concurrent contracts, (iii) future contracts are awarded, or (iv) agreement is reached on a lump-sum payment for future contract savings (see subparagraph (i)(4) below). Net acquisition savings are first realized, and the Contractor shall be paid a share, when Government costs and any negative instant contract savings have been fully offset against acquisition savings.
(2) Except in incentive contracts, Government costs and any price or cost increases resulting from negative instant contract savings shall be offset against acquisition savings each time such savings are realized until they are fully offset. Then, the Contractor's share is calculated by multiplying net acquisition savings by the appropriate
Contractor's percentage sharing rate (see paragraph (f) above). Additional Contractor shares of net acquisition savings shall be paid to the Contractor at the time realized.
(3) If this is an incentive contract, recovery of Government costs on the instant contract shall be deferred and offset against concurrent and future contract savings. The Contractor shall share through the contract incentive structure in savings on the instant contract items affected. Any negative instant contract savings shall be added to the target cost or to the target price and ceiling price, and the amount shall be offset against concurrent and future contract savings.
(4) If the Government does not receive and accept all items on which it paid the Contractor's share, the Contractor shall reimburse the Government for the proportionate share of these payments.
(h) Contract adjustment. The modification accepting the VECP (or a subsequent modification issued as soon as possible after any negotiations are completed) shall--
(1) Reduce the contract price or estimated cost by the amount of instant contract savings, unless this is an incentive contract;
(2) When the amount of instant contract savings is negative, increase the contract price, target price and ceiling price, target cost, or estimated cost by that amount;
(3) Specify the Contractor's dollar share per unit on future contracts, or provide the lump-sum payment;
(4) Specify the amount of any Government costs or negative instant contract savings to be offset in determining net acquisition savings realized from concurrent or future contract savings; and
(5) Provide the Contractor's share of any net acquisition savings under the instant contract in accordance with the following:
(i) Fixed-price contracts--add to contract price.
(ii) Cost-reimbursement contracts--add to contract fee.
(i) Concurrent and future contract savings.
(1) Payments of the Contractor's share of concurrent and future contract savings shall be made by a modification to the instant contract in accordance with subparagraph (h)(5) above. For incentive contracts, shares shall be added as a separate firm-fixed-price line item on the instant contract. The Contractor shall maintain records adequate to identify the first delivered unit for 3 years after final payment under this contract.
(2) The Contracting Officer shall calculate the Contractor's share of concurrent contract savings by (i) subtracting from the reduction in price negotiated on the concurrent contract any Government costs or negative instant contract savings not yet offset and (ii) multiplying the result by the Contractor's sharing rate.
(3) The Contracting Officer shall calculate the Contractor's share of future contract savings by (i) multiplying the future unit cost reduction by the number of future contract units scheduled for delivery during the sharing period, (ii) subtracting any Government costs or negative instant contract savings not yet offset, and (iii) multiplying the result by the Contractor's sharing rate.
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