82D Division Chaplain Retreats
Awarded Award Notice Posted
- Solicitation number
- W91247-17-R-8204
- Agency
- Department of the Army Department of Defense
- Awarded
- to Legacy Group & Associates Inc.
- Set-aside
- No set-aside
Opportunity facts
- Contract number
- W91247-17-P-0182 Federal contract award
- NAICS code
- Not on record
- PSC
- Not on record
- More information
Notice details come from SAM.gov. Updated .
Notice text
2 versions
Update #2 · Latest ·
Added: Sep 22, 2017 8:11 pm
Modified: Sep 25, 2017 10:34 amTrack Changes
AMENDMENT NOTICE: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is W91247-17-R-8204 and is issued as an invitation for bids (IFB), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. The associated North American Industrial Classification System (NAICS) code for this procurement is 721110 with a small business size standard of $32.50M. This requirement is unrestricted and only qualified offerors may submit bids. The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2017-09-26 16:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com. FOB Destination shall be Fort Bragg , NC 28310
The MICC Fort Bragg requires the following items, Meet or Exceed, to the following:
LI 001: Lodging - Shall accommodate two adults and two children. Hotel rooms must adhere to the specifications in the performance work statement. Quantity equals 30 rooms x 40 events x 2 nights., 2400, EA;
LI 002: Contractors shall provide pricing for individual meals for adults and children as an attachment. Pricing shall be submitted at follows:
Adult Breakfast:________
Adult Lunch:________
Adult Dinner:__________
Child Breakfast:________
Child Lunch:_________
Child Dinner:__________
Meals cannot exceed the GSA Per Diem Rate for Charlotte, NC., 1, JOB;
LI 003: Child Care - will be provided for a maximum of 60 children for each event listed in the PWS and adhere to the specifications in the performance work statement., 2400, EA;
LI 004: Audio Visual Support - will be provided for all events adhere to the specifications in the performance work statement., 40, EA;
LI 005: Meeting Space - will be provided for all events adhere to the specifications in the performance work statement., 40, EA;
LI 006: Army Contractor Manpower Report - Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter âNo Costâ. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil., 1, EA;
Solicitation and Buy Attachments
***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.***
For this solicitation, MICC Fort Bragg intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. MICC Fort Bragg is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids. All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com. Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process. Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com.Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive.
The applicable NAICS code for this procurement is 721110 with the related size standard of $32,5M. The NAICS code identified herein must appear in FAR 52.212-3 "Offeror Representations and Certifications" in SAM and the vendor must be actively registered in that NAICS Prior to Award to be considered for any resulting contract. Failure to be properly registered at the time and date of award may render the quote unacceptable.
Will be based on lowest price technically acceptable. The sum of all priced items and the quantity stated in this solicitation will be considered as a total price.
The selected Offeror must comply with the following commercial item terms and conditions. FAR 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. The selected Offeror must submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items (DEC 2012). FAR 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition.
The Contractor shall comply with the FAR clauses that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.202-1, 52.212-3, 52.204-7, 52.204-9, 52.212-4, 52.223-11, 52.225-13, 52.232-23, 52.233-1, 52.223-18, 52.237-2, 252.201-7000, 252.203-7002, 252.204.7008, 252.223-7006, 252.232-7010, 252.232-7003 and 252.243-7001. Upon request, the Contracting Officer will make their full text available. Also, the full text of a solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil and/or http://www.acqnet.gov/far.
The Contractor shall comply with the FAR clauses that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: The following FAR clauses in 52.212-5, Contract Terms And Conditions Required To Implement Statutes Or Executive Orders--Commercial Items (MAY 2012), will apply:52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-42, 52.222-50, 52.225-13, 52.232-34, 52.233-3, 52.233-4, 52.219-6, 52.219-8, 52.219-28, 52.222-3, 52.222-19, 52.225-1, 52.232-33, 52.203-13, 52.222-40, 52.222-41, 52.222-51, 52.222-53, 52.222-54, 52.226-6. Upon request, the Contracting Officer will make their full text available. Also, the full text of a solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil and/or http://www.acqnet.gov/far.
New equipment ONLY, NO remanufactured or used products. No "GREY" market items.
In accordance with DFARS 252.232-7003, âElectronic Submission of Payment Requests and Receiving Reportsâ, the contractor shall submit their payment request electronically using the Wide Area Workflow (WAWF). The WAWF website is located at https://wawf.eb.mil. There is no charge to use WAWF. Contractors must register to use WAWF at this website and ensure an electronic business point of contact (POC) is designated in the Central Contractor Registration site at http://www.ccr.gov within ten (10) calendar days after award of this contract. Contractor training is available at the website Home Page, under âabout WAWFâ. Contractors may contact the WAWF Customer Support for assistance toll free at 866-618-5988; commercial: 801-605-7095; Fax commercial: 801-605-7453 or CSCASSIG@CSD.DISA.MIL
SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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 solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil and/or http://www.acqnet.gov/far.
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): http://farsite.hil.af.mil and/or http://www.acqnet.gov/far.
The government will award a contract to the responsible contractor whose quote conforming to the solicitation will be advantageous to the government price and other factors considered. The following factors will be used to evaluate quotes: Technical Capability and Price. The government will evaluate for compliance with PWS standards. In addition to the photographs or information submitted by responders regarding facilities, the government reserves the right to use information obtained from public sources in order to determine responder's technical acceptability. The government will also evaluate for fair and reasonable pricing, making award to the lowest price technically acceptable contractor who is deemed responsible.
The following kinds and minimum amounts of insurance are required in accordance with FAR clause 52.228-5 entitled, âInsurance--Work on a Government Installation.â
Workmenâs Compensation and Amount required by the State in which this Occupational Disease Insurance contract is performed
KIND: AMOUNT:
Employerâs Liability Insurance $100,000
Comprehensive General Liability $50,000 per occurrence
Insurance for Bodily Injury
Comprehensive Automobile Liability $200,000 per person
$500,000 per occurrence for Bodily Injury
and for Property Damage $20,000 per occurrence
Offerors shall provide as part of its proposal the technical approach for the offeror's services in accordance with the PWS. Recent photographs that accurately depict the current condition of the offered property including sleeping rooms as well as common areas. Any responder that is not a hotel who provides the rooms and facilities must also provide a hotel agreement that can be verified and is signed by both parties. An offer which requires the government to execute a separate agreement with a third party hotel is deemed technically unacceptable.
PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTSâREPRESENTATION
(DEVIATION 2016-O0003)(OCT 2015) a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016
(Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY
2016 funds the same restrictions as are contained in section 743 of division E, title
VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235), none of the funds appropriated (or otherwise made available) by this or
any other Act may be used for a contract with an entity that requires employees or
subcontractors of such entity seeking to report fraud, waste, or abuse to sign
internal confidentiality agreements or statements prohibiting or otherwise
restricting such employees or contactors from lawfully reporting such waste, fraud,
or abuse to a designated investigative or law enforcement representative of a
Federal department or agency authorized to receive such information.
(b) The prohibition in paragraph (a) of this provision does not contravene
requirements applicable to Standard Form 312, Form 4414, or any other form
issued by a Federal department or agency governing the nondisclosure of classified
information.
(c) Representation. By submission of its offer, the Offeror represents that it does
not require employees or subcontractors of such entity seeking to report fraud,
waste, or abuse to sign or comply with internal confidentiality agreements or
statements prohibiting or otherwise restricting such employees or contactors from
lawfully reporting such waste, fraud, or abuse to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive
such information.
PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE
CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS
(DEVIATION 2016-O0003)(OCT 2015) (a) The Contractor shall not require employees or subcontractors seeking to
report fraud, waste, or abuse to sign or comply with internal confidentiality
agreements or statements prohibiting or otherwise restricting such employees or
contactors from lawfully reporting such waste, fraud, or abuse to a designated
investigative or law enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions
of any internal confidentiality agreements covered by this clause are no longer in
effect.
(c) The prohibition in paragraph (a) of this clause does not contravene
requirements applicable to Standard Form 312, Form 4414, or any other form
issued by a Federal department or agency governing the nondisclosure of classified
information.
(d)(1) Use of funds appropriated (or otherwise made available) by the
Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other FY 2016
appropriations act that extends to FY 2016 funds the same prohibitions as
contained in sections 743 of division E, title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the
Government determines that the Contractor is not in compliance with the
provisions of this clause.
(2) The Government may seek any available remedies in the event the
Contractor fails to perform in accordance with the terms and conditions of the
contract as a result of Government action under this clause.
(a) Definition: âServices,â as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --
(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --
(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or
(2) Terminate the contract for default.
(End of Clause)
CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
(a) Definition. âContracting officer's representativeâ 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.
(End of clause)
Update #1 ·
Added: Sep 22, 2017 8:11 pm
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. The solicitation number is W91247-17-R-8204 and is issued as an invitation for bids (IFB), unless otherwise indicated herein. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-95. The associated North American Industrial Classification System (NAICS) code for this procurement is 721110 with a small business size standard of $32.50M. This requirement is unrestricted and only qualified offerors may submit bids. The solicitation pricing on www.FedBid.com will start on the date this solicitation is posted and will end on 2017-09-26 16:00:00.0 Eastern Time or as otherwise displayed at www.FedBid.com. FOB Destination shall be Fort Bragg , NC 28310
The MICC Fort Bragg requires the following items, Meet or Exceed, to the following:
LI 001: Lodging - Shall accommodate two adults and two children. Hotel rooms must adhere to the specifications in the performance work statement., 1200, EA;
LI 002: Contractors shall provide pricing for individual meals for adults and children as an attachment. Pricing shall be submitted at follows:
Adult Breakfast:________
Adult Lunch:________
Adult Dinner:__________
Child Breakfast:________
Child Lunch:_________
Child Dinner:__________
Meals cannot exceed the GSA Per Diem Rate for Charlotte, NC., 1, JOB;
LI 003: Child Care - will be provided for a maximum of 60 children for each event listed in the PWS and adhere to the specifications in the performance work statement., 2400, EA;
LI 004: Audio Visual Support - will be provided for all events adhere to the specifications in the performance work statement., 40, EA;
LI 005: Meeting Space - will be provided for all events adhere to the specifications in the performance work statement., 40, EA;
LI 006: Army Contractor Manpower Report - Contractor is required to provide data on Contractor labor hours (including subcontractor labor hours) for performance of this contract IAW the PWS. The cost, if any, for providing this data shall be entered into the space provided at this CLIN. If no direct cost is associated with providing the data, enter âNo Costâ. Instructions, including the Contractor and Subcontractor User Guides, are available at http://www.ecmra.mil., 1, EA;
Solicitation and Buy Attachments
***Question Submission: Interested offerors must submit any questions concerning the solicitation at the earliest time possible to enable the Buyer to respond. Questions must be submitted by using the 'Submit a Question' feature at www.fedbid.com. Questions not received within a reasonable time prior to close of the solicitation may not be considered.***
For this solicitation, MICC Fort Bragg intends to conduct an online competitive reverse auction to be facilitated by the third-party reverse auction provider, FedBid, Inc. FedBid has developed an online, anonymous, browser based application to conduct the reverse auction. An Offeror may submit a series of pricing bids, which descend in price during the specified period of time for the aforementioned reverse auction. MICC Fort Bragg is taking this action in an effort to improve both vendor access and awareness of requests and the agency's ability to gather multiple, competed, real-time bids. All responsible Offerors that respond to this solicitation MUST submit the pricing portion of their bid using the online exchange located at www.FedBid.com. There is no cost to register, review procurement data or make a bid on www.FedBid.com. Offerors that are not currently registered to use www.FedBid.com should proceed to www.FedBid.com to complete their free registration. Offerors that require special considerations or assistance may contact the FedBid Helpdesk at 877-9FEDBID (877-933-3243) or via email at clientservices@fedbid.com. Offerors may not artificially manipulate the price of a transaction on www.FedBid.com by any means. It is unacceptable to place bad faith bids, to use decoys in the www.FedBid.com process or to collude with the intent or effect of hampering the competitive www.FedBid.com process. Should offerors require additional clarification, notify the point of contact or FedBid at 877-9FEDBID (877-933-3243) or clientservices@fedbid.com.Use of FedBid: Buyers and Sellers agree to conduct this transaction through FedBid in compliance with the FedBid Terms of Use. Failure to comply with the below terms and conditions may result in offer being determined as non-responsive.
The applicable NAICS code for this procurement is 721110 with the related size standard of $32,5M. The NAICS code identified herein must appear in FAR 52.212-3 "Offeror Representations and Certifications" in SAM and the vendor must be actively registered in that NAICS Prior to Award to be considered for any resulting contract. Failure to be properly registered at the time and date of award may render the quote unacceptable.
Will be based on lowest price technically acceptable. The sum of all priced items and the quantity stated in this solicitation will be considered as a total price.
The selected Offeror must comply with the following commercial item terms and conditions. FAR 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition. The selected Offeror must submit a completed copy of the provision at 52.212-3, Offeror Representations and Certifications - Commercial Items (DEC 2012). FAR 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition.
The Contractor shall comply with the FAR clauses that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.202-1, 52.212-3, 52.204-7, 52.204-9, 52.212-4, 52.223-11, 52.225-13, 52.232-23, 52.233-1, 52.223-18, 52.237-2, 252.201-7000, 252.203-7002, 252.204.7008, 252.223-7006, 252.232-7010, 252.232-7003 and 252.243-7001. Upon request, the Contracting Officer will make their full text available. Also, the full text of a solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil and/or http://www.acqnet.gov/far.
The Contractor shall comply with the FAR clauses that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: The following FAR clauses in 52.212-5, Contract Terms And Conditions Required To Implement Statutes Or Executive Orders--Commercial Items (MAY 2012), will apply:52.222-21, 52.222-26, 52.222-35, 52.222-36, 52.222-37, 52.222-42, 52.222-50, 52.225-13, 52.232-34, 52.233-3, 52.233-4, 52.219-6, 52.219-8, 52.219-28, 52.222-3, 52.222-19, 52.225-1, 52.232-33, 52.203-13, 52.222-40, 52.222-41, 52.222-51, 52.222-53, 52.222-54, 52.226-6. Upon request, the Contracting Officer will make their full text available. Also, the full text of a solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil and/or http://www.acqnet.gov/far.
New equipment ONLY, NO remanufactured or used products. No "GREY" market items.
In accordance with DFARS 252.232-7003, âElectronic Submission of Payment Requests and Receiving Reportsâ, the contractor shall submit their payment request electronically using the Wide Area Workflow (WAWF). The WAWF website is located at https://wawf.eb.mil. There is no charge to use WAWF. Contractors must register to use WAWF at this website and ensure an electronic business point of contact (POC) is designated in the Central Contractor Registration site at http://www.ccr.gov within ten (10) calendar days after award of this contract. Contractor training is available at the website Home Page, under âabout WAWFâ. Contractors may contact the WAWF Customer Support for assistance toll free at 866-618-5988; commercial: 801-605-7095; Fax commercial: 801-605-7453 or CSCASSIG@CSD.DISA.MIL
SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions 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 solicitation provision may be accessed electronically at this address: http://farsite.hill.af.mil and/or http://www.acqnet.gov/far.
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): http://farsite.hil.af.mil and/or http://www.acqnet.gov/far.
The Government will award a contract resulting from this solicitation to the responsible quoter whose quote conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Price and Technical Capability: TECHNICAL CAPABILITY: The Government will review the contractor's technical capability submission to ensure: 1) The proposal reflects a sound approach and understanding of this requirement and the contractor has the technical ability to successfully perform the requirement. 2) The quoted property meets all the requirements of the SOW to include the security measures. For purposes of determining that the property has appropriate security for soldiers, the Contracting Officer will review reported incidents of crime at the quoted property and surrounding premises with local police department to ensure the hotel security measures are appropriate to the area and provide a safe environment for Soldiers. The Contracting Officer may search outside websites (https://www.tripadvisor.com/, http:// www.bedbugregistry.com/, etc.) to obtain information regarding the quoted property to ensure compliance with the SOW requirements. PRICE: The Government intends to award this procurement based on a determination of a fair and reasonable price.
The following kinds and minimum amounts of insurance are required in accordance with FAR clause 52.228-5 entitled, âInsurance--Work on a Government Installation.â
Workmenâs Compensation and Amount required by the State in which this Occupational Disease Insurance contract is performed
KIND: AMOUNT:
Employerâs Liability Insurance $100,000
Comprehensive General Liability $50,000 per occurrence
Insurance for Bodily Injury
Comprehensive Automobile Liability $200,000 per person
$500,000 per occurrence for Bodily Injury
and for Property Damage $20,000 per occurrence
Offerors shall provide as part of its proposal the technical approach for the offeror's services in accordance with the PWS. All offerors shall provide the following: (1) Valid General Liability Insurance Certificate. (2) Hotel agreement verified, and countersigned by both parties and the
authorized agent of the participating hotel , (FOR EX, hotel letterhead) if a third party vendor . A diagram of the hotel and proposed conference rooms to include size for each event. Complete information regarding the hotel security. An offer which requires the Government to execute a separate agreement with a third party hotel shall be deemed technically unacceptable). All Offerors shall submit photographs of the actual quoted property taken within one week of posting the Fedbid Buy.
PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE CERTAIN
INTERNAL CONFIDENTIALITY AGREEMENTSâREPRESENTATION
(DEVIATION 2016-O0003)(OCT 2015) a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016
(Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY
2016 funds the same restrictions as are contained in section 743 of division E, title
VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L.
113-235), none of the funds appropriated (or otherwise made available) by this or
any other Act may be used for a contract with an entity that requires employees or
subcontractors of such entity seeking to report fraud, waste, or abuse to sign
internal confidentiality agreements or statements prohibiting or otherwise
restricting such employees or contactors from lawfully reporting such waste, fraud,
or abuse to a designated investigative or law enforcement representative of a
Federal department or agency authorized to receive such information.
(b) The prohibition in paragraph (a) of this provision does not contravene
requirements applicable to Standard Form 312, Form 4414, or any other form
issued by a Federal department or agency governing the nondisclosure of classified
information.
(c) Representation. By submission of its offer, the Offeror represents that it does
not require employees or subcontractors of such entity seeking to report fraud,
waste, or abuse to sign or comply with internal confidentiality agreements or
statements prohibiting or otherwise restricting such employees or contactors from
lawfully reporting such waste, fraud, or abuse to a designated investigative or law
enforcement representative of a Federal department or agency authorized to receive
such information.
PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE
CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS
(DEVIATION 2016-O0003)(OCT 2015) (a) The Contractor shall not require employees or subcontractors seeking to
report fraud, waste, or abuse to sign or comply with internal confidentiality
agreements or statements prohibiting or otherwise restricting such employees or
contactors from lawfully reporting such waste, fraud, or abuse to a designated
investigative or law enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The Contractor shall notify employees that the prohibitions and restrictions
of any internal confidentiality agreements covered by this clause are no longer in
effect.
(c) The prohibition in paragraph (a) of this clause does not contravene
requirements applicable to Standard Form 312, Form 4414, or any other form
issued by a Federal department or agency governing the nondisclosure of classified
information.
(d)(1) Use of funds appropriated (or otherwise made available) by the
Continuing Appropriations Act, 2016 (Pub. L. 114-53) or any other FY 2016
appropriations act that extends to FY 2016 funds the same prohibitions as
contained in sections 743 of division E, title VII, of the Consolidated and Further
Continuing Appropriations Act, 2015 (Pub. L. 113-235) may be prohibited, if the
Government determines that the Contractor is not in compliance with the
provisions of this clause.
(2) The Government may seek any available remedies in the event the
Contractor fails to perform in accordance with the terms and conditions of the
contract as a result of Government action under this clause.
(a) Definition: âServices,â as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.
(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.
(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.
(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.
(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may --
(1) Require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and
(2) Reduce the contract price to reflect the reduced value of the services performed.
(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may --
(1) By contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service; or
(2) Terminate the contract for default.
(End of Clause)
CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)
(a) Definition. âContracting officer's representativeâ 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.
(End of clause)
Attachments
| File | Type | Posted |
|---|---|---|
| PWS.docx | DOCX document |
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