W912PF-16-R-0003_final.pdf
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SEE ADDENDUM
(No Collect Calls)
W912PF-16-R-0003 15-Jun-2016
b. TELEPHONE NUMBER
+39 0444-617454
8. OFFER DUE DATE/LOCAL TIME
02:00 PM 15 Jul 2016
5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA – FAR (48 CFR) 53.212
(TYPE OR PRINT)
(SIGNATURE OF CONTRACTING OFFICER)
ADDENDA X ARE
26. TOTAL AWARD AMOUNT (For Gov t. Use Only )
23.
CODE 10. THIS ACQUISITION IS
SUCH ADDRESS IN OFFER
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT
BELOW IS CHECKED
TELEPHONE NO.
W912PF9. ISSUED BY
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a. UNLESS BLOCK
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
FRANCESCA CANDIA
2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NUMBER
(TYPE OR PRINT)
30b. NAME AND TITLE OF SIGNER 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a.UNITED STATES OF AMERICA
1 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1. 52.212-4. FAR 52.212-3. 52.212-5 ARE ATTACHED.X
25. ACCOUNTING AND APPROPRIATION DATA
1. REQUISITION NUMBER
20.
ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, AND 30
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE
SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:
. YOUR OFFER ON SOLICITATION
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN
% FOR:SET ASIDE:UNRESTRICTED ORX
SMALL BUSINESS
17a.CONTRACTOR/ CODE FACILITY
OFFEROR CODE
414TH CSB - PARC AFRICA
ATTN: FRANCESCA CANDIA
UNIT 31423, BOX 77
APO AE 09630
18a. PAYMENT WILL BE MADE BY CODE
RATED ORDER UNDER
DPAS (15 CFR 700)
13a. THIS CONTRACT IS A
13b. RATING
CODE15. DELIVER TO CODE 16. ADMINISTERED BY
SEE SCHEDULE
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
FAX:
TEL: SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
$20,500,000
NAICS:
561612
X
OFFER DATED
29. AWARD OF CONTRACT: REF.
DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY
COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND
EMAIL:
TEL:
31c. DATE SIGNED
SEE SCHEDULE
SCHEDULE OF SUPPLIES/ SERVICESITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT
24.22.21.19.
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
(CONTINUED)
PAGE 2 OF109
ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: ______________________________________________________
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f . TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE
37. CHECK NUMBER
FINALPARTIALCOMPLETE
36. PAYMENT35. AMOUNT VERIFIED
CORRECT FOR
34. VOUCHER NUMBER
FINAL
33. SHIP NUMBER
PARTIAL
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42a. RECEIVED BY (Print)
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
Prescribed by GSA – FAR (48 CFR) 53.212
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
SEE SCHEDULE
20.
SCHEDULE OF SUPPLIES/ SERVICES
21.
QUANTITY UNIT
22. 23.
UNIT PRICE
24.
AMOUNT
19.
ITEM NO.
W912PF-16-R-0003
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 12 Months Armed Security Guard Services
FFP
Armed Security Guards Services for USAG - Italy, Vicenza. In strict accordance with the Performance Work Statement.
FOB: Destination
NET AMT
0002 12 Months Armed Security Guard Services
FFP
Armed Security Guards Services for USAG Italy - Vicenza (Del Din). In strict accordance with the Performance Work Statement.
0003 12 Months Armed Security Guard Services
FFP
Armed Security Guards Services for USAG Italy, Camp Darby, Livorno. In strict
1001 12 Months OPTION Armed Security Guard Services
FFP
Armed Security Guards Services for USAG - Italy, Vicenza. In strict accordance
1002 12 Months OPTION Armed Security Guard Services
FFP
Armed Security Guards Services for USAG Italy - Vicenza (Del Din). In strict
1003 12 Months OPTION Armed Security Guard Services
FFP
Armed Security Guards Services for USAG Italy, Camp Darby, Livorno. In strict
2001 12 Months OPTION Armed Security Guard Services
FFP
Armed Security Guards Services for USAG - Italy, Vicenza. In strict accordance
2002 12 Months OPTION Armed Security Guard Services
FFP
Armed Security Guards Services for USAG Italy - Vicenza (Del Din). In strict
2003 12 Months OPTION Armed Security Guard Services
FFP
Armed Security Guards Services for USAG Italy, Camp Darby, Livorno. In strict
3001 12 Months OPTION Armed Security Guard Services
FFP
Armed Security Guards Services for USAG - Italy, Vicenza. In strict accordance
3002 12 Months OPTION Armed Security Guard Services
FFP
Armed Security Guards Services for USAG Italy - Vicenza (Del Din). In strict
3003 12 Months OPTION Armed Security Guard Services
FFP
Armed Security Guards Services for USAG Italy, Camp Darby, Livorno. In strict
4001 12 Months OPTION Armed Security Guard Services
FFP
Armed Security Guards Services for USAG - Italy, Vicenza. In strict accordance
4002 12 Months OPTION Armed Security Guard Services
FFP
Armed Security Guards Services for USAG Italy - Vicenza (Del Din). In strict
4003 12 Months OPTION Armed Security Guard Services
FFP
Armed Security Guards Services for USAG Italy, Camp Darby, Livorno. In strict
7500 1 Each Contract Manpower Reporting
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the "Armed Security Guard Services at USAG - Italy” 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 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 and at the end of the period of performance for each calendar year, beginning with 2017.
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. For Contractor Manpower Reporting CLIN (CLIN 7500, 7501, 7502, 7503, 7504,), the offeror shall propose a price for each CLIN to cover all reporting costs. If the offeror proposes to provide this report at no additional cost to the Government, it should indicate $0.00 or, “No Charge” or rather than not addressing the line item. If the line item is left blank, the offeror agrees that this report will be provided at no additional cost to the Government, $0.00 shall be used for evaluation purposes, and the contract CLIN will be priced at $0.00.
7501 1 Each OPTION Contract Manpower Reporting
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the "Armed Security Guard Services at USAG - Italy” 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 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 and at the end of the period of performance for each calendar year, beginning with 2018.
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. For Contractor Manpower Reporting CLIN (CLIN 7500, 7501, 7502, 7503, 7504,), the offeror shall propose a price for each CLIN to cover all reporting costs. If the offeror proposes to provide this report at no additional cost to the Government, it should indicate $0.00 or, “No Charge” or rather than not addressing the line item. If the line item is left blank, the offeror agrees that this report will be provided at no additional cost to the Government, $0.00 shall be used for evaluation purposes, and
7502 1 Each OPTION Contract Manpower Reporting
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the "Armed Security Guard Services at USAG - Italy” 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 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 and at the end of the period of performance for each calendar year, beginning with 2019.
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. For Contractor Manpower Reporting CLIN (CLIN 7500, 7501, 7502, 7503, 7504,), the offeror shall propose a price for each CLIN to cover all reporting costs. If the offeror proposes to provide this report at no additional cost to the Government, it should indicate $0.00 or, “No Charge” or rather than not addressing the line item. If the line item is left blank, the offeror agrees that this report will be provided at no additional cost to the Government, $0.00 shall be used for evaluation purposes, and
7503 1 Each OPTION Contract Manpower Reporting
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the "Armed Security Guard Services at USAG - Italy” 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 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 and at the end of the period of performance for each calendar year, beginning with 2020.
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. For Contractor Manpower Reporting CLIN (CLIN 7500, 7501, 7502, 7503, 7504,), the offeror shall propose a price for each CLIN to cover all reporting costs. If the offeror proposes to provide this report at no additional cost to the Government, it should indicate $0.00 or, “No Charge” or rather than not addressing the line item. If the line item is left blank, the offeror agrees that this report will be provided at no additional cost to the Government, $0.00 shall be used for evaluation purposes, and
7504 1 Each OPTION Contract Manpower Reporting
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the "Armed Security Guard Services at USAG - Italy” 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 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 and at the end of the period of performance for each calendar year, beginning with 2021.
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. For Contractor Manpower Reporting CLIN (CLIN 7500, 7501, 7502, 7503, 7504), the offeror shall propose a price for each CLIN to cover all reporting costs. If the offeror proposes to provide this report at no additional cost to the Government, it should indicate $0.00 or, “No Charge” or rather than not addressing the line item. If the line item is left blank, the offeror agrees that this report will be provided at no additional cost to the Government, $0.00 shall be used for evaluation purposes, and
Exhibit/Attachment Table of Contents
DOCUMENT TYPE DESCRIPTION PAGES DATE
Exhibit _ GFP Listing Attachment 1 Past Performance
Questionnaire
Attachment 2 Antimafia
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 1001 Destination Government Destination Government 1002 Destination Government Destination Government 1003 Destination Government Destination Government 2001 Destination Government Destination Government 2002 Destination Government Destination Government 2003 Destination Government Destination Government 3001 Destination Government Destination Government 3002 Destination Government Destination Government 3003 Destination Government Destination Government 4001 Destination Government Destination Government 4002 Destination Government Destination Government 4003 Destination Government Destination Government 7500 Destination Government Destination Government 7501 Destination Government Destination Government 7502 Destination Government Destination Government 7503 Destination Government Destination Government 7504 Destination Government Destination Government
DELIVERY INFORMATION
CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC
0001 POP 16-SEP-2016 TO
15-SEP-2017
N/A VICENZA MILITARY COMMUNITY
VICENZA MILITARY COMMUNITY
CASERMA EDERLE
VIALE DELLA PACE
VICENZA 36100
W582RR
0002 POP 16-SEP-2016 TO
15-SEP-2017
N/A W582RR USAG VICENZA
US ARMY GARRISON (USAG)
DEL DIN BLDG 30
MULTI USE
VIALE ARTURO FERRARIN, 136
VICENZA 36100
W6E7J0
0003 POP 16-SEP-2016 TO
N/A W6LF USAG USA GARRISON LIVORNO
W6E7 SITE LIVORNO
LEGHORN ARMY DEPOT BLDG 5090
VIA AURELIA
STAZIONE DI TOMBOLO PISA 56100
049-631-413-8182
W81PD5
1001 POP 16-SEP-2017 TO
15-SEP-2018
N/A VICENZA MILITARY COMMUNITY
VICENZA MILITARY COMMUNITY
CASERMA EDERLE
VIALE DELLA PACE
VICENZA 36100
1002 POP 16-SEP-2017 TO
N/A W582RR USAG VICENZA
US ARMY GARRISON (USAG)
DEL DIN BLDG 30
MULTI USE
VIALE ARTURO FERRARIN, 136
VICENZA 36100
1003 POP 16-SEP-2017 TO
N/A W6LF USAG USA GARRISON LIVORNO
W6E7 SITE LIVORNO
LEGHORN ARMY DEPOT BLDG 5090
VIA AURELIA
STAZIONE DI TOMBOLO PISA 56100
049-631-413-8182
2001 POP 16-SEP-2018 TO
15-SEP-2019
N/A VICENZA MILITARY COMMUNITY
VICENZA MILITARY COMMUNITY
CASERMA EDERLE
VIALE DELLA PACE
VICENZA 36100
2002 POP 16-SEP-2018 TO
N/A W582RR USAG VICENZA
US ARMY GARRISON (USAG)
DEL DIN BLDG 30
MULTI USE
VIALE ARTURO FERRARIN, 136
VICENZA 36100
2003 POP 16-SEP-2018 TO
N/A W6LF USAG USA GARRISON LIVORNO
W6E7 SITE LIVORNO
LEGHORN ARMY DEPOT BLDG 5090
VIA AURELIA
STAZIONE DI TOMBOLO PISA 56100
049-631-413-8182
3001 POP 16-SEP-2019 TO
15-SEP-2020
N/A VICENZA MILITARY COMMUNITY
VICENZA MILITARY COMMUNITY
CASERMA EDERLE
VIALE DELLA PACE
VICENZA 36100
3002 POP 16-SEP-2019 TO
N/A W582RR USAG VICENZA
US ARMY GARRISON (USAG)
DEL DIN BLDG 30
MULTI USE
VIALE ARTURO FERRARIN, 136
VICENZA 36100
3003 POP 16-SEP-2019 TO
N/A W6LF USAG USA GARRISON LIVORNO
W6E7 SITE LIVORNO
LEGHORN ARMY DEPOT BLDG 5090
VIA AURELIA
STAZIONE DI TOMBOLO PISA 56100
049-631-413-8182
4001 POP 16-SEP-2020 TO
15-SEP-2021
N/A VICENZA MILITARY COMMUNITY
VICENZA MILITARY COMMUNITY
CASERMA EDERLE
VIALE DELLA PACE
VICENZA 36100
4002 POP 16-SEP-2020 TO
N/A W582RR USAG VICENZA
US ARMY GARRISON (USAG)
DEL DIN BLDG 30
MULTI USE
VIALE ARTURO FERRARIN, 136
VICENZA 36100
4003 POP 16-SEP-2020 TO
N/A W6LF USAG USA GARRISON LIVORNO
W6E7 SITE LIVORNO
LEGHORN ARMY DEPOT BLDG 5090
VIA AURELIA
STAZIONE DI TOMBOLO PISA 56100
049-631-413-8182
7500 POP 16-SEP-2016 TO
N/A VICENZA MILITARY COMMUNITY
VICENZA MILITARY COMMUNITY
CASERMA EDERLE
VIALE DELLA PACE
VICENZA 36100
7501 POP 16-SEP-2017 TO
N/A (SAME AS PREVIOUS LOCATION)
7502 POP 16-SEP-2018 TO
N/A (SAME AS PREVIOUS LOCATION)
7503 POP 16-SEP-2019 TO
N/A (SAME AS PREVIOUS LOCATION)
7504 POP 16-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items MAY 2015
ADDENDUM TO 52.212-4
In accordance with FAR 12.302, Tailoring of Provisions and Clauses for Acquisition of Commercial Items, FAR 52.212-4 is tailored, as shown below, to reflect the special terms and conditions unique for this contract.
The following shall apply to this contract in addition to those terms and conditions in FAR 52.212-4. The specific paragraph of FAR 52.212-4 is tailored as shown below:
(a) Inspection and Acceptance.
Inspection and acceptance of services under this contract shall be performed by the COR (Contracting Officer’s Representative). Place of inspection and point of acceptance of the services to be provided under this contract shall be at a destination specified in accordance with the delivery information specified above.
(b) Invoice:
The Contractor shall comply with WAWF DFAR Clause 252.232-7006 for submission of invoices.
A COPY OF THE DURC MUST BE SUBMITTED WITH EACH INVOICE.
FOR INVOICING. THE FOLLOWING STATEMENT WILL BE INCLUDED AND CERTIFIED
BY THE CONTRACTOR ON ALL INVOICES UNDER SUBJECT CONTRACT. FAILURE TO
INCLUDE AND CERTIFY THE BELOW STATEMENT ALONG WITH SUBMITTING A COPY
OF THE DURC MAY RESULT IN DELAYED OR NON PAYMENT.
“The amounts requested are only for performance in accordance with the terms and conditions of the contract. All payments due to employees (including full social contributions), subcontractors, and suppliers received under the contract have been made, and timely payments will be made from the income of the payment covered by this certification, in accordance with terms and conditions of the contract, local labor laws and agreements, subcontract agreements, and the requirements of chapter 39 of Title 31, United States Code.”
Contractor : by ________________________________________ Name, Signature and Date
FOR MONTHLY INVOICING. THE FOLLOWING STATEMENT WILL BE INCLUDED IN ALL
MONTHLY INVOICING UNDER SUBJECT CONTRACT, AND CERTIFIED BY THE CONTRACING
OFFICER REPRESENTATIVE AND APPROVED BY THE CONTRACTING OFFICER BEFORE
PAYMENTS ARE MADE:
“The amounts requested are only for performance in accordance with the terms and conditions of the contract. All payment due to employees, subcontractors, and suppliers from previous payments received under the contract have been made, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with terms and conditions of the contract, local labor laws and agreements, subcontract agreements, and the requirements of chapter 39 of Title 31, United States Code.”
Contractor : by ________________________________________ Name, Signature and Date
The following clauses are incorporated into this contract:
CLAUSES INCORPORATED BY REFERENCE
52.203-3 Gratuities APR 1984 52.204-18 Commercial and Government Entity Code Maintenance JUL 2015 52.232-40 Providing Accelerated Payments to Small Business
Subcontractors
DEC 2013
52.237-3 Continuity Of Services JAN 1991 52.245-9 Use And Charges APR 2012 252.203-7000 Requirements Relating to Compensation of Former DoD
Officials
SEP 2011
252.203-7003 Agency Office of the Inspector General DEC 2012 252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting.
DEC 2015
252.204-7015 Disclosure of Information to Litigation Support Contractors FEB 2014 252.205-7000 Provision Of Information To Cooperative Agreement Holders DEC 1991 252.211-7003 Item Unique Identification and Valuation MAR 2016 252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.225-7012 Preference For Certain Domestic Commodities FEB 2013 252.232-7010 Levies on Contract Payments DEC 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor
Personnel
JUN 2013
252.243-7002 Requests for Equitable Adjustment DEC 2012 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 252.247-7022 Representation Of Extent Of Transportation Of Supplies By
Sea
AUG 1992
252.247-7023 Transportation of Supplies by Sea APR 2014 252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000
CLAUSES INCORPORATED BY FULL TEXT
52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)
(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.
(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government:
(1) When no longer needed for contract performance.
(2) Upon completion of the Contractor employee's employment.
(3) Upon contract completion or termination.
(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.
(d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.
(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 of contract expiration.
(End of clause)
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 the effective period of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 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 60 months..
52.225-14 INCONSISTENCY BETWEEN ENGLISH VERSION AND TRANSLATION OF CONTRACT
(FEB 2000)
In the event of inconsistency between any terms of this contract and any translation into another language, the English language meaning shall control.
52.245-1 GOVERNMENT PROPERTY (APR 2012)
(a) Definitions. As used in this clause—
“Cannibalize” means to remove parts from Government property for use or for installation on other Government property.
“Contractor-acquired property” means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.
“Contractor inventory” means—
(1) Any property acquired by and in the possession of a Contractor or subcontractor under a contract for which title is vested in the Government and which exceeds the amounts needed to complete full performance under the entire contract;
(2) Any property that the Government is obligated or has the option to take over under any type of contract, e.g., as a result either of any changes in the specifications or plans thereunder or of the termination of the contract (or subcontract thereunder), before completion of the work, for the convenience or at the option of the Government; and
(3) Government-furnished property that exceeds the amounts needed to complete full performance under the entire contract.
“Contractor’s managerial personnel” means the Contractor’s directors, officers, managers, superintendents, or equivalent representatives who have supervision or direction of—
(1) All or substantially all of the Contractor’s business;
(2) All or substantially all of the Contractor’s operation at any one plant or separate location; or
(3) A separate and complete major industrial operation.
“Demilitarization” means rendering a product unusable for, and not restorable to, the purpose for which it was designed or is customarily used.
“Discrepancies incident to shipment” means any differences (e.g., count or condition) between the items documented to have been shipped and items actually received.
“Equipment” means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for the performance of a contract. Equipment is not intended for sale, and does not ordinarily lose its identity or become a component part of another article when put into use. Equipment does not include material, real property, special test equipment or special tooling.
“Government-furnished property” means property in the possession of, or directly acquired by, the Government and subsequently furnished to the Contractor for performance of a contract. Government-furnished property includes, but is not limited to, spares and property furnished for repair, maintenance, overhaul, or modification. Government-furnished property also includes contractor-acquired property if the contractor-acquired property is a deliverable under a cost contract when accepted by the Government for continued use under the contract.
“Government property” means all property owned or leased by the Government. Government property includes both Government-furnished and Contractor-acquired property. Government property includes material, equipment, special tooling, special test equipment, and real property. Government property does not include intellectual property and software.
“Loss of Government property” means unintended, unforeseen or accidental loss, damage or destruction to Government property that reduces the Government’s expected economic benefits of the property. Loss of Government property does not include purposeful destructive testing, obsolescence, normal wear and tear or manufacturing defects. Loss of Government property includes, but is not limited to—
(1) Items that cannot be found after a reasonable search;
(2) Theft;
(3) Damage resulting in unexpected harm to property requiring repair to restore the item to usable condition; or
(4) Destruction resulting from incidents that render the item useless for its intended purpose or beyond economical repair.
“Material” means property that may be consumed or expended during the performance of a contract, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item.
Material does not include equipment, special tooling, special test equipment or real property.
“Nonseverable” means property that cannot be removed after construction or installation without substantial loss of value or damage to the installed property or to the premises where installed.
“Precious metals” means silver, gold, platinum, palladium, iridium, osmium, rhodium, and ruthenium.
“Production scrap” means unusable material resulting from production, engineering, operations and maintenance, repair, and research and development contract activities. Production scrap may have value when re-melted or reprocessed, e.g., textile and metal clippings, borings, and faulty castings and forgings.
“Property” means all tangible property, both real and personal.
“Property Administrator” means an authorized representative of the Contracting Officer appointed in accordance with agency procedures, responsible for administering the contract requirements and obligations relating to Government property in the possession of a Contractor.
“Property records” means the records created and maintained by the contractor in support of its stewardship responsibilities for the management of Government property.
“Provide” means to furnish, as in Government-furnished property, or to acquire, as in contractor-acquired property.
“Real property” See Federal Management Regulation 102-71.20 (41 CFR 102-71.20).
“Sensitive property” means property potentially dangerous to the public safety or security if stolen, lost, or misplaced, or that shall be subject to exceptional physical security, protection, control, and accountability. Examples include weapons, ammunition, explosives, controlled substances, radioactive materials, hazardous materials or wastes, or precious metals.
“Unit acquisition cost” means—
(1) For Government-furnished property, the dollar value assigned by the Government and identified in the contract;
and
(2) For contractor-acquired property, the cost derived from the Contractor’s records that reflect consistently applied generally accepted accounting principles.
(b) Property management.
(1) The Contractor shall have a system of internal controls to manage (control, use, preserve, protect, repair, and maintain) Government property in its possession. The system shall be adequate to satisfy the requirements of this clause. In doing so, the Contractor shall initiate and maintain the processes, systems, procedures, records, and methodologies necessary for effective and efficient control of Government property. The Contractor shall disclose any significant changes to its property management system to the Property Administrator prior to implementation of the changes. The Contractor may employ customary commercial practices, voluntary consensus standards, or industry-leading practices and standards that provide effective and efficient Government property management that are necessary and appropriate for the performance of this contract (except where inconsistent with law or regulation).
(2) The Contractor’s responsibility extends from the initial acquisition and receipt of property, through stewardship, custody, and use until formally relieved of responsibility by authorized means, including delivery, consumption, expending, sale (as surplus property), or other disposition, or via a completed investigation, evaluation, and final determination for lost property. This requirement applies to all Government property under the Contractor’s accountability, stewardship, possession or control, including its vendors or subcontractors (see paragraph (f)(1)(v) of this clause).
(3) The Contractor shall include the requirements of this clause in all subcontracts under which Government property is acquired or furnished for subcontract performance.
(4) The Contractor shall establish and maintain procedures necessary to assess its property management system effectiveness and shall perform periodic internal reviews, surveillances, self assessments, or audits. Significant findings or results of such reviews and audits pertaining to Government property shall be made available to the Property Administrator.
(c) Use of Government property.
(1) The Contractor shall use Government property, either furnished or acquired under this contract, only for performing this contract, unless otherwise provided for in this contract or approved by the Contracting Officer.
(2) Modifications or alterations of Government property are prohibited, unless they are—
(i) Reasonable and necessary due to the scope of work under this contract or its terms and conditions;
(ii) Required for normal maintenance; or
(iii) Otherwise authorized by the Contracting Officer.
(3) The Contractor shall not cannibalize Government property unless otherwise provided for in this contract or approved by the Contracting Officer.
(d) Government-furnished property.
(1) The Government shall deliver to the Contractor the Government-furnished property described in this contract.
The Government shall furnish related data and information needed for the intended use of the property. The warranties of suitability of use and timely delivery of Government-furnished property do not apply to property acquired or fabricated by the Contractor as contractor-acquired property and subsequently transferred to another contract with this Contractor.
(2) The delivery and/or performance dates specified in this contract are based upon the expectation that the Government-furnished property will be suitable for contract performance and will be delivered to the Contractor by the dates stated in the contract.
(i) If the property is not delivered to the Contractor by the dates stated in the contract, the Contracting Officer shall, upon the Contractor’s timely written request, consider an equitable adjustment to the contract.
(ii) In the event property is received by the Contractor, or for Government-furnished property after receipt and installation, in a condition not suitable for its intended use, the Contracting Officer shall, upon the Contractor’s timely written request, advise the Contractor on a course of action to remedy the problem. Such action may include repairing, replacing, modifying, returning, or otherwise disposing of the property at the Government’s expense.
Upon completion of the required action(s), the Contracting Officer shall consider an equitable adjustment to the contract (see also paragraph (f)(1)(ii)(A) of this clause).
(iii) The Government may, at its option, furnish property in an “as-is” condition. The Contractor will be given the opportunity to inspect such property prior to the property being provided. In such cases, the Government makes no warranty with respect to the serviceability and/or suitability of the property for contract performance. Any repairs, replacement, and/or refurbishment shall be at the Contractor’s expense.
(3)
(i) The Contracting Officer may by written notice, at any time—
(A) Increase or decrease the amount of Government-furnished property under this contract;
(B) Substitute other Government-furnished property for the property previously furnished, to be furnished, or to be acquired by the Contractor for the Government under this contract; or
(C) Withdraw authority to use property.
(ii) Upon completion of any action(s) under paragraph (d)(3)(i) of this clause, and the Contractor’s timely written request, the Contracting Officer shall consider an equitable adjustment to the contract.
(e) Title to Government property.
(1) All Government-furnished property and all property acquired by the Contractor, title to which vests in the Government under this paragraph (collectively referred to as “Government property”), is subject to the provisions of this clause. The Government shall retain title to all Government-furnished property. Title to Government property shall not be affected by its incorporation into or attachment to any property not owned by the Government, nor shall Government property become a fixture or lose its identity as personal property by being attached to any real property.
(2) Title vests in the Government for all property acquired or fabricated by the Contractor in accordance with the financing provisions or other specific requirements for passage of title in the contract. Under fixed price type contracts, in the absence of financing provisions or other specific requirements for passage of title in the contract, the Contractor retains title to all property acquired by the Contractor for use on the contract, except for property identified as a deliverable end item. If a deliverable item is to be retained by the Contractor for use after inspection and acceptance by the Government, it shall be made accountable to the contract through a contract modification listing the item as Government-furnished property.
(3) Title under Cost-Reimbursement or Time-and-Material Contracts or Cost-Reimbursable contract line items under Fixed-Price contracts.
(i) Title to all property purchased by the Contractor for which the Contractor is entitled to be reimbursed as a direct item of cost under this contract shall pass to and vest in the Government upon the vendor’s delivery of such property.
(ii) Title to all other property, the cost of which is reimbursable to the Contractor, shall pass to and vest in the Government upon—
(A) Issuance of the property for use in contract performance;
(B) Commencement of processing of the property for use in contract performance; or
(C) Reimbursement of the cost of the property by the Government, whichever occurs first.
(f) Contractor plans and systems.
(1) Contractors shall establish and implement property management plans, systems, and procedures at the contract, program, site or entity level to enable the following outcomes:
(i) Acquisition of Property. The Contractor shall document that all property was acquired consistent with its engineering, production planning, and property control operations.
(ii) Receipt of Government Property. The Contractor shall receive Government property and document the receipt, record the information necessary to meet the record requirements of paragraph (f)(1)(iii)(A)(1) through (5) of this clause, identify as Government owned in a manner appropriate to the type of property (e.g., stamp, tag, mark, or other identification), and manage any discrepancies incident to shipment.
(A) Government-furnished property. The Contractor shall furnish a written statement to the Property Administrator containing all relevant facts, such as cause or condition and a recommended course(s) of action, if overages, shortages, or damages and/or other discrepancies are discovered upon receipt of Government-furnished property.
(B) Contractor-acquired property. The Contractor shall take all actions necessary to adjust for overages, shortages, damage and/or other discrepancies discovered upon receipt, in shipment of Contractor-acquired property from a vendor or supplier, so as to ensure the proper allocability and allowability of associated costs.
(iii) Records of Government property. The Contractor shall create and maintain records of all Government property accountable to the contract, including Government-furnished and Contractor-acquired property.
(A) Property records shall enable a complete, current, auditable record of all transactions and shall, unless otherwise approved by the Property Administrator, contain the following:
(1) The name, part number and description, National Stock Number (if needed for additional item identification tracking and/or disposition), and other data elements as necessary and required in accordance with the terms and conditions of the contract.
(2) Quantity received (or fabricated), issued, and balance-on-hand.
(3) Unit acquisition cost.
(4) Unique-item identifier or equivalent (if available and necessary for individual item tracking).
(5) Unit of measure.
(6) Accountable contract number or equivalent code designation.
(7) Location.
(8) Disposition.
(9) Posting reference and date of transaction.
(10) Date placed in service (if required in accordance with the terms and conditions of the contract).
(B) Use of a Receipt and Issue System for Government Material. When approved by the Property Administrator, the Contractor may maintain, in lieu of formal property records, a file of appropriately cross-referenced documents evidencing receipt, issue, and use of material that is issued for immediate consumption.
(iv) Physical inventory. The Contractor shall periodically perform, record, and disclose physical inventory results. A final physical inventory shall be performed upon contract completion or termination. The Property Administrator may waive this final inventory requirement, depending on the circumstances (e.g., overall reliability of the Contractor’s system or the property is to be transferred to a follow-on contract).
(v) Subcontractor control.
(A) The Contractor shall award subcontracts that clearly identify items to be provided and the extent of any restrictions or limitations on their use. The Contractor shall ensure appropriate flow down of contract terms and conditions (e.g., extent of liability for loss of Government property.
(B) The Contractor shall assure its subcontracts are properly administered and reviews are periodically performed to determine the adequacy of the subcontractor’s property management system.
(vi) Reports. The Contractor shall have a process to create and provide reports of discrepancies, loss of Government property, physical inventory results, audits and self-assessments, corrective actions, and other property-related reports as directed by the Contracting Officer.
(vii) Relief of stewardship responsibility and liability. The Contractor shall have a process to enable the prompt recognition, investigation, disclosure and reporting of loss of Government property, including losses that occur at subcontractor or alternate site locations.
(A) This process shall include the corrective actions necessary to prevent recurrence.
(B) Unless otherwise directed by the Property Administrator, the Contractor shall investigate and report to the Government all incidents of property loss as soon as the facts become known. Such reports shall, at a minimum, contain the following information:
(1) Date of incident (if known).
(2) The data elements required under (f)(1)(iii)(A).
(3) Quantity.
(4) Accountable contract number.
(5) A statement indicating current or future need.
(6) Unit acquisition cost, or if applicable, estimated sales proceeds, estimated repair or replacement costs.
(7) All known interests in commingled material of which includes Government material.
(8) Cause and corrective action taken or to be taken to prevent recurrence.
(9) A statement that the Government will receive compensation covering the loss of Government property, in the event the Contractor was or will be reimbursed or compensated.
(10) Copies of all supporting documentation.
(11) Last known location.
(12) A statement that the property did or did not contain sensitive, export controlled, hazardous, or toxic material, and that the appropriate agencies and authorities were notified.
(C) Unless the contract provides otherwise, the Contractor shall be relieved of stewardship responsibility and liability for property when—
(1) Such property is consumed or expended, reasonably and properly, or otherwise accounted for, in the performance of the contract, including reasonable inventory adjustments of material as determined by the Property Administrator;
(2) Property Administrator grants relief of responsibility and liability for loss of Government property;
(3) Property is delivered or shipped from the Contractor's plant, under Government instructions, except when shipment is to a subcontractor or other location of the Contractor; or
(4) Property is disposed of in accordance with paragraphs (j) and (k) of this clause.
(viii) Utilizing Government property.
(A) The Contractor shall utilize, consume, move, and store Government Property only as authorized under this contract. The Contractor shall promptly disclose and report Government property in its possession that is excess to contract performance.
(B) Unless otherwise authorized in this contract or by the Property Administrator the Contractor shall not commingle Government material with material not owned by the Government.
(ix) Maintenance. The Contractor shall properly maintain Government property. The Contractor’s maintenance program shall enable the identification, disclosure, and performance of normal and routine preventative maintenance and repair. The Contractor shall disclose and report to the Property Administrator the need for replacement and/or capital rehabilitation.
(x) Property closeout. The Contractor shall promptly perform and report to the Property Administrator contract property closeout, to include reporting, investigating and securing closure of all loss of Government property cases;
physically inventorying all property upon termination or completion of this contract; and disposing of items at the time they are determined to be excess to contractual needs.
(2) The Contractor shall establish and maintain Government accounting source data, as may be required by this contract, particularly in the areas of recognition of acquisitions, loss of Government property, and disposition of material and equipment.
(g) Systems analysis.
(1) The Government shall have access to the Contractor’s premises and all Government property, at reasonable times, for the purposes of reviewing, inspecting and evaluating the Contractor’s property management plan(s), systems, procedures, records, and supporting documentation that pertains to Government property. This access includes all site locations and, with the Contractor’s consent, all subcontractor premises.
(2) Records of Government property shall be readily available to authorized Government personnel and shall be appropriately safeguarded.
(3) Should it be determined by the Government that the Contractor’s (or subcontractor’s) property management practices are inadequate or not acceptable for the effective management and control of Government property under this contract, or present an undue risk to the Government, the Contractor shall prepare a corrective action plan when requested by the Property Administer and take all necessary corrective actions as specified by the schedule within the corrective action plan.
(4) The Contractor shall ensure Government access to subcontractor premises, and all Government property located at subcontractor premises, for the purposes of reviewing, inspecting and evaluating the subcontractor’s property management plan, systems, procedures, records, and supporting documentation that pertains to Government property.
(h) Contractor Liability for Government Property.
(1) Unless otherwise provided for in the contract, the Contractor shall not be liable for loss of Government property furnished or acquired under this contract, except when any one of the following applies—
(i) The risk is covered by insurance or the Contractor is otherwise reimbursed (to the extent of such insurance or reimbursement). The allowability of insurance costs shall be determined in accordance with 31.205-19.
(ii) Loss of Government property that is the result of willful misconduct or lack of good faith on the part of the Contractor’s managerial personnel.
(iii) The Contracting Officer has, in writing, revoked the Government’s assumption of risk for loss of Government property due to a determination under paragraph (g) of this clause that the Contractor’s property management practices are inadequate, and/or present an undue risk to the Government, and the Contractor failed to take timely corrective action. If the Contractor can establish by clear and convincing evidence that the loss of Government property occurred while the Contractor had adequate property management practices or the loss did not result from the Contractor’s failure to maintain adequate property management practices, the Contractor shall not be held liable.
(2) The Contractor shall take all reasonable actions necessary to protect the property from further loss. The Contractor shall separate the damaged and undamaged property, place all the affected property in the best possible order, and take such other action as the Property Administrator directs.
(3) The Contractor shall do nothing to prejudice the Government’s rights to recover against third parties for any loss of Government property.
(4) The Contractor shall reimburse the Government for loss of Government property, to the extent that the Contractor is financially liable for such…
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