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SEE ADDENDUM
(No Collect Calls)
W912PF20Q0048 03-Aug-2020
b. TELEPHONE NUMBER
39-050-54-8364
8. OFFER DUE DATE/LOCAL TIME
12:00 PM 03 Sep 2020
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
SONIA ZANOBINI
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
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
0011492944-0001
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 RCO ITALY SUBOFFICE LIVORNO
VIA AURELIA, EDIFICIO 5131
ZONA DEPOSITO
56128 TIRRENIA (PISA)
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 W582RR 16. ADMINISTERED BY
12. DISCOUNT TERMS11. DELIVERY FOR FOB DESTINA-
TION UNLESS BLOCK IS
MARKED
SEE SCHEDULE
14. METHOD OF SOLICITATION
RFQ IFB RFPX
W582RR USAG ITALY
N/A
USAG ITALY, DARBY MILITARY COMMUNITY VIA AUR
TIRRENIA (PISA)
TEL: N/A FAX:
39-050-54-8289FAX:
TEL: 39-050-54-8365/4
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
8(A)
HUBZONE SMALL
BUSINESS
SIZE STANDARD:
NAICS:
335999
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 OF111
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.
W912PF20Q0048
Section SF 1449 - CONTINUATION SHEET
ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 3 Each Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
FOB: Destination
PURCHASE REQUEST NUMBER: 0011492944-0001
PSC CD: H999
NET AMT
0002 3 Each Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
FOB: Destination
0003 4 Each Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
FOB: Destination
0004 1 Each Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
FOB: Destination
0005 90 Each Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
FOB: Destination
0006 27 Each Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
FOB: Destination
0007 1 Each Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
FOB: Destination
0008 Each Option Item
FFP
in accordance with the Performance Work Statement (PWS). See paragraph
5.2.1.f) of PWS for the list.
Price for each additional Test Insp and Cert on LPS: Euro _____________
FOB: Destination
1001 3 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
1002 3 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
1003 4 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
1004 1 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
1005 90 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
1006 27 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
1007 1 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
1008 Each OPTION Option Item
FFP
2001 3 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
2002 3 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
2003 4 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
2004 1 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
2005 90 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
2006 27 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
2007 1 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
2008 Each OPTION Option Item
FFP
3001 3 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
3002 3 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
3003 4 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
3004 1 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
3005 90 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
3006 27 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
3007 1 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
3008 Each OPTION Option Item
FFP
4001 3 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
4002 3 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
4003 4 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
4004 1 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
4005 90 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
4006 27 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
4007 1 Each OPTION Test Insp and Cert on LPS
FFP
in accordance with the Performance Work Statement (PWS)
4008 Each OPTION Option Item
FFP
7500 1 Job Contract Manpower Reporting (CMR)
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the subject contract 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.sam.gov. The U.S. Department of Defense is the 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 of each calendar year, beginning with 2020.
7501 1 Job OPTION Contract Manpower Reporting (CMR)
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the subject contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:
be reported no later than October 31 of each calendar year, beginning with 2021.
7502 1 Job OPTION Contract Manpower Reporting (CMR)
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the subject contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:
be reported no later than October 31 of each calendar year, beginning with 2022.
7503 1 Job OPTION Contract Manpower Reporting (CMR)
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the subject contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:
be reported no later than October 31 of each calendar year, beginning with 2023.
7504 1 Job OPTION Contract Manpower Reporting (CMR)
FFP
The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the subject contract via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address:
be reported no later than October 31 of each calendar year, beginning with 2024.
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
1001 Destination Government Destination Government
1002 Destination Government Destination Government
1003 Destination Government Destination Government
1004 Destination Government Destination Government
1005 Destination Government Destination Government
1006 Destination Government Destination Government
1007 Destination Government Destination Government
1008 Destination Government Destination Government
2001 Destination Government Destination Government
2002 Destination Government Destination Government
2003 Destination Government Destination Government
2004 Destination Government Destination Government
2005 Destination Government Destination Government
2006 Destination Government Destination Government
2007 Destination Government Destination Government
2008 Destination Government Destination Government
3001 Destination Government Destination Government
3002 Destination Government Destination Government
3003 Destination Government Destination Government
3004 Destination Government Destination Government
3005 Destination Government Destination Government
3006 Destination Government Destination Government
3007 Destination Government Destination Government
3008 Destination Government Destination Government
4001 Destination Government Destination Government
4002 Destination Government Destination Government
4003 Destination Government Destination Government
4004 Destination Government Destination Government
4005 Destination Government Destination Government
4006 Destination Government Destination Government
4007 Destination Government Destination Government
4008 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 /
CAGE
0001 POP 28-SEP-2020 TO
27-SEP-2021
N/A W582RR USAG ITALY
N/A
USAG ITALY, DARBY MILITARY
COMMUNITY VIA AUR
TIRRENIA (PISA)
N/A
W582RR
0002 POP 28-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0003 POP 28-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0004 POP 28-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0005 POP 28-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0006 POP 28-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0007 POP 28-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
0008 POP 28-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
1001 POP 28-SEP-2021 TO
27-SEP-2022
N/A (SAME AS PREVIOUS LOCATION)
1002 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1003 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1004 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1005 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1006 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1007 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
1008 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
2001 POP 28-SEP-2022 TO
27-SEP-2023
N/A (SAME AS PREVIOUS LOCATION)
2002 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2003 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2004 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2005 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2006 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2007 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
2008 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
3001 POP 28-SEP-2023 TO
27-SEP-2024
N/A (SAME AS PREVIOUS LOCATION)
3002 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3003 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3004 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3005 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3006 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3007 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
3008 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
4001 POP 28-SEP-2024 TO
27-SEP-2025
N/A (SAME AS PREVIOUS LOCATION)
4002 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
4003 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
4004 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
4005 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
4006 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
4007 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
4008 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
7500 POP 28-SEP-2020 TO
N/A (SAME AS PREVIOUS LOCATION)
7501 POP 28-SEP-2021 TO
N/A (SAME AS PREVIOUS LOCATION)
7502 POP 28-SEP-2022 TO
N/A (SAME AS PREVIOUS LOCATION)
7503 POP 28-SEP-2023 TO
N/A (SAME AS PREVIOUS LOCATION)
7504 POP 28-SEP-2024 TO
N/A (SAME AS PREVIOUS LOCATION)
CLAUSES INCORPORATED BY REFERENCE
52.212-4 Contract Terms and Conditions--Commercial Items OCT 2018
52.217-7 Option For Increased Quantity-Separately Priced Line Item MAR 1989
CLAUSES INCORPORATED BY FULL TEXT
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 15 (fifteen) calendar days of the performance period end dates for the base and option years.
(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 contract expiration date); provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 (sixty) calendar 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
(sixty) months.
52.233-1 DISPUTES. (MAY 2014)
(a) This contract is subject to 41 U.S.C. chapter 71, Contract Disputes.
(b) Except as provided in 41 U.S.C. chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause.
(c) “Claim,” as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the
Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41
U.S.C. chapter 71. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.
(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the
Government against the Contractor shall be subject to a written decision by the Contracting Officer.
(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000.
(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.
(iii) The certification shall state as follows: “I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor.”
(3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim.
(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the
Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the
Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.
(f) The Contracting Officer’s decision shall be final unless the Contractor appeals or files a suit as provided in 41
U.S.C. chapter 71.
(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the
Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the
Contractor’s specific reasons for rejecting the offer.
(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting
Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims https://www.acquisition.gov/far/current/html/Subpart%2033_2.html#wp1079863 shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.
(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting
Officer.
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
https://www.acquisition.gov/
CLAUSES INCORPORATED BY REFERENCE
52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011
52.204-10 Reporting Executive Compensation and First-Tier
Subcontract Awards
JUN 2020
52.223-5 Pollution Prevention and Right-to-Know Information MAY 2011
52.225-14 Inconsistency Between English Version And Translation Of
Contract
FEB 2000
52.225-25 Prohibition on Contracting with Entities Engaging in Certain
Activities or Transactions Relating to Iran-- Representation and Certifications.
JUN 2020
52.228-3 Worker's Compensation Insurance (Defense Base Act) JUL 2014
52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984
52.232-8 Discounts For Prompt Payment 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
52.233-3 Protest After Award AUG 1996
52.233-4 Applicable Law for Breach of Contract Claim OCT 2004
52.237-2 Protection Of Government Buildings, Equipment, And
Vegetation
APR 1984
52.242-15 Stop-Work Order AUG 1989
252.203-7005 Representation Relating to Compensation of Former DoD
Officials
NOV 2011
252.204-7015 Notice of Authorized Disclosure of Information for Litigation
Support
MAY 2016
CLAUSES INCORPORATED BY FULL TEXT
https://www.acquisition.gov/
252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection
201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.
(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.
252.203-7000 REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (SEP
2011)
(a) Definition. Covered DoD official, as used in this clause, means an individual that--
(1) Leaves or left DoD service on or after January 28, 2008; and
(2)(i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served--
(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;
(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code;
or
(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of
Title 37, United States Code; or
(ii) Serves or served in DoD in one of the following positions: Program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.
(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service, without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor.
(c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c).
252.204-7003 CONTROL OF GOVERNMENT PERSONNEL WORK PRODUCT (APR 1992)
The Contractor's procedures for protecting against unauthorized disclosure of information shall not require
Department of Defense employees or members of the Armed Forces to relinquish control of their work products, whether classified or not, to the contractor.
252.204-7007 ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS (APR 2020)
Substitute the following paragraphs (b), (d) and (e) for paragraphs (b) and (d) of the provision at FAR 52.204-8:
(b)(1) If the provision at FAR 52.204-7, System for Award Management, is included in this solicitation, paragraph
(e) of this provision applies.
(2) If the provision at FAR 52.204-7, System for Award Management, is not included in this solicitation, and the
Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (e) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:
__ (i) Paragraph (e) applies.
__ (ii) Paragraph (e) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.
(d)(1) The following representations or certifications in the SAM database are applicable to this solicitation as indicated:
(i) 252.204-7016, Covered Defense Telecommunications Equipment or Services--Representation. Applies to all solicitations.
(ii) 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus--Representation. Applies to all solicitations with institutions of higher education.
(iii) 252.216-7008, Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign
Government. Applies to solicitations for fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials.
(iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country.
(v) 252.225-7049, Prohibition on Acquisition of Certain Foreign Commercial Satellite Services--Representations.
Applies to solicitations for the acquisition of commercial satellite services.
(vi) 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of
Terrorism. Applies to all solicitations expected to result in contracts of $150,000 or more.
(vii) 252.229-7012, Tax Exemptions (Italy)--Representation. Applies to solicitations when contract performance will be in Italy.
(viii) 252.229-7013, Tax Exemptions (Spain)--Representation. Applies to solicitations when contract performance will be in Spain.
(ix) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold.
(2) The following representations or certifications in SAM are applicable to this solicitation as indicated by the
Contracting Officer: [Contracting Officer check as appropriate.]
____ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government.
____ (ii) 252.225-7000, Buy American--Balance of Payments Program Certificate.
____ (iii) 252.225-7020, Trade Agreements Certificate.
____ Use with Alternate I.
____ (iv) 252.225-7031, Secondary Arab Boycott of Israel.
____ (v) 252.225-7035, Buy American--Free Trade Agreements--Balance of Payments Program Certificate.
____ Use with Alternate I.
____ Use with Alternate II.
____ Use with Alternate III.
____ Use with Alternate IV.
____ Use with Alternate V.
____ (vi) 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with
Disabilities.
____ (vii) 252.232-7015, Performance-Based Payments--Representation.
(e) The offeror has completed the annual representations and certifications electronically via the SAM Web site at https://www.acquisition.gov/. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below ____ [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR/DFARS Clause # Title Date Change
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.
(End of provision)
252.204-7012 SAFEGUARDING COVERED DEFENSE INFORMATION AND CYBER INCIDENT
REPORTING (DEC 2019)
(a) Definitions. As used in this clause--
Adequate security means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information.
Compromise means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred.
Contractor attributional/proprietary information means information that identifies the contractor(s), whether directly or indirectly, by the grouping of information that can be traced back to the contractor(s) (e.g., program description, facility locations), personally identifiable information, as well as trade secrets, commercial or financial information, or other commercially sensitive information that is not customarily shared outside of the company.
Controlled technical information means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination.
Controlled technical information would meet the criteria, if disseminated, for distribution statements B through F using the criteria set forth in DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions.
Covered contractor information system means an unclassified information system that is owned, or operated by or for, a contractor and that processes, stores, or transmits covered defense information.
Covered defense information means unclassified controlled technical information or other information, as described in the Controlled Unclassified Information (CUI) Registry at http://www.archives.gov/cui/registry/category-list.html, that requires safeguarding or dissemination controls pursuant to and consistent with law, regulations, and
Governmentwide policies, and is--
(1) Marked or otherwise identified in the contract, task order, or delivery order and provided to the contractor by or on behalf of DoD in support of the performance of the contract; or
(2) Collected, developed, received, transmitted, used, or stored by or on behalf of the contractor in support of the performance of the contract.
Cyber incident means actions taken through the use of computer networks that result in a compromise or an actual or potentially adverse effect on an information system and/or the information residing therein.
Forensic analysis means the practice of gathering, retaining, and analyzing computer-related data for investigative purposes in a manner that maintains the integrity of the data.
Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information.
Malicious software means computer software or firmware intended to perform an unauthorized process that will have adverse impact on the confidentiality, integrity, or availability of an information system. This definition includes a virus, worm, Trojan horse, or other code-based entity that infects a host, as well as spyware and some forms of adware.
http://www.archives.gov/cui/registry/category-list.html http://www.archives.gov/cui/registry/category-list.html
Media means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which covered defense information is recorded, stored, or printed within a covered contractor information system.
Operationally critical support means supplies or services designated by the Government as critical for airlift, sealift, intermodal transportation services, or logistical support that is essential to the mobilization, deployment, or sustainment of the Armed Forces in a contingency operation.
Rapidly report means within 72 hours of discovery of any cyber incident.
Technical information means technical data or computer software, as those terms are defined in the clause at
DFARS 252.227-7013, Rights in Technical Data--Noncommercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code.
(b) Adequate security. The Contractor shall provide adequate security on all covered contractor information systems.
To provide adequate security, the Contractor shall implement, at a minimum, the following information security protections:
(1) For covered contractor information systems that are part of an information technology (IT) service or system operated on behalf of the Government, the following security requirements apply:
(i) Cloud computing services shall be subject to the security requirements specified in the clause 252.239-7010, Cloud Computing Services, of this contract.
(ii) Any other such IT service or system (i.e., other than cloud computing) shall be subject to the security requirements specified elsewhere in this contract.
(2) For covered contractor information systems that are not part of an IT service or system operated on behalf of the
Government and therefore are not subject to the security requirement specified at paragraph (b)(1) of this clause, the following security requirements apply:
(i) Except as provided in paragraph (b)(2)(ii) of this clause, the covered contractor information system shall be subject to the security requirements in National Institute of Standards and Technology (NIST) Special Publication
(SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and
Organizations” (available via the internet at http://dx.doi.org/10.6028/NIST.SP.800-171) in effect at the time the solicitation is issued or as authorized by the Contracting Officer.
(ii)(A) The Contractor shall implement NIST SP 800-171, as soon as practical, but not later than December 31, 2017. For all contracts awarded prior to October 1, 2017, the Contractor shall notify the DoD Chief Information
Officer (CIO), via email at osd.dibcsia@mail.mil, within 30 days of contract award, of any security requirements specified by NIST SP 800-171 not implemented at the time of contract award.
(B) The Contractor shall submit requests to vary from NIST SP 800-171 in writing to the Contracting Officer, for consideration by the DoD CIO. The Contractor need not implement any security requirement adjudicated by an authorized representative of the DoD CIO to be nonapplicable or to have an alternative, but equally effective, security measure that may be implemented in its place.
(C) If the DoD CIO has previously adjudicated the contractor's requests indicating that a requirement is not applicable or that an alternative security measure is equally effective, a copy of that approval shall be provided to the Contracting Officer when requesting its recognition under this contract.
http://dx.doi.org/10.6028/NIST.SP.800-171 mailto:osd.dibcsia@mail.mil
(D) If the Contractor intends to use an external cloud service provider to store, process, or transmit any covered defense information in performance of this contract, the Contractor shall require and ensure that the cloud service provider meets security requirements equivalent to those established by the Government for the Federal Risk and Authorization Management Program (FedRAMP) Moderate baseline
(https://www.fedramp.gov/resources/documents/) and that the cloud service provider complies with requirements in paragraphs (c) through (g) of this clause for cyber incident reporting, malicious software, media preservation and protection, access to additional information and equipment necessary for forensic analysis, and cyber incident damage assessment.
(3) Apply other information systems security measures when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraphs (b)(1) and (2) of this clause, may be required to provide adequate security in a dynamic environment or to accommodate special circumstances (e.g., medical devices) and any individual, isolated, or temporary deficiencies based on an assessed risk or vulnerability. These measures may be addressed in a system security plan.
(c) Cyber incident reporting requirement.
(1) When the Contractor discovers a cyber incident that affects a covered contractor information system or the covered defense information residing therein, or that affects the contractor's ability to perform the requirements of the contract that are designated as operationally critical support and identified in the contract, the Contractor shall--
(i) Conduct a review for evidence of compromise of covered defense information, including, but not limited to, identifying compromised computers, servers, specific data, and user accounts. This review shall also include analyzing covered contractor information system(s) that were part of the cyber incident, as well as other information systems on the Contractor's network(s), that may have been accessed as a result of the incident in order to identify compromised covered defense information, or that affect the Contractor's ability to provide operationally critical support; and
(ii) Rapidly report cyber incidents to DoD at https://dibnet.dod.mil.
(2) Cyber incident report. The cyber incident report shall be treated as information created by or for DoD and shall include, at a minimum, the required elements at https://dibnet.dod.mil.
(3) Medium assurance certificate requirement. In order to report cyber incidents in accordance with this clause, the
Contractor or subcontractor shall have or acquire a DoD-approved medium assurance certificate to report cyber incidents. For information on obtaining a DoD-approved medium assurance certificate, see https://public.cyber.mil/eca/.
(d) Malicious software. When the Contractor or subcontractors discover and isolate malicious software in connection with a reported cyber incident, submit the malicious software to DoD Cyber Crime Center (DC3) in accordance with instructions provided by DC3 or the Contracting Officer. Do not send the malicious software to the
Contracting Officer.
(e) Media preservation and protection. When a Contractor discovers a cyber incident has occurred, the Contractor shall preserve and protect images of all known affected information systems identified in paragraph (c)(1)(i) of this clause and all relevant monitoring/packet capture data for at least 90 days from the submission of the cyber incident report to allow DoD to request the media or decline interest.
(f) Access to additional information or equipment necessary for forensic analysis. Upon request by DoD, the
Contractor shall provide DoD with access to additional information or equipment that is necessary to conduct a forensic analysis.
(g) Cyber incident damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting
Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.
https://www.fedramp.gov/resources/documents/ http://dibnet.dod.mil/ http://dibnet.dod.mil/ https://public.cyber.mil/eca/
(h) DoD safeguarding and use of contractor attributional/proprietary information. The Government shall protect against the unauthorized use or release of information obtained from the contractor (or derived from information obtained from the contractor) under this clause that includes contractor attributional/proprietary information, including such information submitted in accordance with paragraph (c). To the maximum extent practicable, the
Contractor shall identify and mark attributional/proprietary information. In making an authorized release of such information, the Government will implement appropriate procedures to minimize the contractor attributional/proprietary information that is included in such authorized release, seeking to include only that information that is necessary for the authorized purpose(s) for which the information is being released.
(i) Use and release of contractor attributional/proprietary information not created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is not created by or for DoD is authorized to be released outside of DoD--
(1) To entities with missions that may be affected by such information;
(2) To entities that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
(3) To Government entities that conduct counterintelligence or law enforcement investigations;
(4) For national security purposes, including cyber situational awareness and defense purposes (including with
Defense Industrial Base (DIB) participants in the program at 32 CFR part 236); or
(5) To a support services contractor (“recipient”) that is directly supporting Government activities under a contract that includes the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported
Cyber Incident Information.
(j) Use and release of contractor attributional/proprietary information created by or for DoD. Information that is obtained from the contractor (or derived from information obtained from the contractor) under this clause that is created by or for DoD (including the information submitted pursuant to paragraph (c) of this clause) is authorized to be used and released outside of DoD for purposes and activities authorized by paragraph (i) of this clause, and for any other lawful Government purpose or activity, subject to all applicable statutory, regulatory, and policy based restrictions on the Government's use and release of such information.
(k) The Contractor shall conduct activities under this clause in accordance with applicable laws and regulations on the interception, monitoring, access, use, and disclosure of electronic communications and data.
(l) Other safeguarding or reporting requirements. The safeguarding and cyber incident reporting required by this clause in no way abrogates the Contractor's responsibility for other safeguarding or cyber incident reporting pertaining to its unclassified information systems as required by other applicable clauses of this contract, or as a result of other applicable U.S. Government statutory or regulatory requirements.
(m) Subcontracts. The Contractor shall--
(1) Include this clause, including this paragraph (m), in subcontracts, or similar contractual instruments, for operationally critical support, or for which subcontract performance will involve covered defense information, including subcontracts for commercial items, without alteration, except to identify the parties. The Contractor shall determine if the information required for subcontractor performance retains its identity as covered defense information and will require protection under this clause, and, if necessary, consult with the Contracting Officer; and
(2) Require subcontractors to--
(i) Notify the prime Contractor (or next higher-tier subcontractor) when submitting a request to vary from a NIST
SP 800-171 security requirement to the Contracting Officer, in accordance with paragraph (b)(2)(ii)(B) of this clause; and
(ii) Provide the incident report number, automatically assigned by DoD, to the prime Contractor (or next higher-tier subcontractor) as soon as practicable, when reporting a cyber incident to DoD as required in paragraph (c) of this clause.
252.222-7002 COMPLIANCE WITH LOCAL LABOR LAWS (OVERSEAS) (JUN 1997)
(a) The Contractor shall comply with all—
(1) Local laws, regulations, and labor union agreements governing work hours; and
(2) Labor regulations including collective bargaining agreements, workers' compensation, working conditions, fringe benefits, and labor standards or labor contract matters.
(b) The Contractor indemnifies and holds harmless the United States Government from all claims arising out of the requirements of this clause. This indemnity includes the Contractor's obligation to handle and settle, without cost to the United States Government, any claims or litigation concerning allegations that the Contractor or the United
States Government, or both, have not fully complied with local labor laws or regulations relating to the performance of work required by this contract.
(c) Notwithstanding paragraph (b) of this clause, consistent with paragraphs 31.205-15(a) and 31.205-47(d) of the
Federal Acquisition Regulation, the Contractor will be reimbursed for the costs of all fines, penalties, and reasonable litigation expenses incurred as a result of compliance with specific contract terms and conditions or written instructions from the Contracting officer.
252.222-7003 PERMIT FROM ITALIAN INSPECTORATE OF LABOR (JUNE 1997)
Prior to the date set for commencement of work and services under this contract, the Contractor shall obtain the prescribed permit from the Inspectorate of Labor having jurisdiction over the work site, in accordance with Article
5g of Italian Law Number 1369, dated October 23, 1960. The Contractor shall ensure that a copy of the permit is available at all reasonable times for inspection by the Contracting Officer or an authorized representative. Failure to obtain such permit may result in termination of the contract for the convenience of the United States Government, at no cost to the United States Government.
252.223-7006 PROHIBITION ON STORAGE, TREATMENT, AND DISPOSAL OF TOXIC OR HAZARDOUS
MATERIALS--BASIC (SEP 2014)
Storage means a non-transitory, semi-permanent or permanent holding, placement, or leaving of material. It does not include a temporary accumulation of a limited quantity of a material used in or a waste generated or resulting from authorized activities, such as servicing, maintenance, or repair of Department of Defense (DoD) items, equipment, or facilities.
Toxic or hazardous materials means--
(i) Materials referred to in section 101(14) of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) of 1980 (42 U.S.C. 9601(14)) and materials designated under section 102 of CERCLA (42
U.S.C. 9602) (40 CFR Part 302);
(ii) Materials that are of an explosive, flammable, or pyrotechnic nature; or
(iii) Materials otherwise identified by the Secretary of Defense as specified in DoD regulations.
(b) In accordance with 10 U.S.C. 2692, the Contractor is prohibited from storing, treating, or disposing of toxic or hazardous materials not owned by DoD on a DoD installation, except to the extent authorized by a statutory exception to 10 U.S.C. 2692 or as authorized by the Secretary of Defense. A charge may be assessed for any storage or disposal authorized under any of the exceptions to 10 U.S.C. 2692.
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