MARYLAND PROCUREMENT OFFICE
0000 XXXXXX XXXX.
FORT XXXXXX X. XXXXX, MARYLAND 20755-6626
N121 (PAB)
BASIC ORDERING AGREEMENT
NO. MDA904-98-G-0198
BASIC ORDERING AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
Litronic Industries, Inc.
0000 Xxxx Xxxxxx
00xx Xxxxx, Xxxxx 0000
Xxxxxx XX 00000-0000
This Basic Ordering Agreement is entered into as of the 16th day of Apr,
1998 between the United States of America, hereinafter called "the Government",
represented by the Government Contracting Officer and the contractor, a
corporation organized and existing under the laws of the State of
____________________.
The clauses and provisions of this Basic Ordering Agreement hereinafter set
forth have been agreed upon by the parties hereto for use in negotiating Cost
Type and Fixed Price Type job orders between the parties entered into on or
after the date of this Basic Ordering Agreement and prior to its termination.
The Basic Ordering Agreement may be amended only by mutual agreement of the
parties and the Basic Ordering Agreement may be terminated in its entirety by
either party upon their 30 days written notice to the other party, except that
this Basic Ordering Agreement may be terminated by the Government at any time if
the parties fail to agree upon any deletion, amendment, or addition to this
Basic Ordering Agreement which is required by Statute, Executive Order, or the
Federal Acquisition Regulation (FAR). No deletion, modification, addition to, or
termination of this Basic Ordering Agreement shall affect any contracts
heretofore entered into between the parties in which this Basic Ordering
Agreement, or a portion thereof, has been incorporated by reference.
This Basic Ordering Agreement shall be reviewed, at a minimum, annually
before the anniversary of its effective date and revised to conform with all
requirements of Statutes, Executive Orders, and the Federal Acquisition
Regulation. This revision shall be evidenced by an agreement modifying this
Basic Ordering Agreement or by the issuance of a superseding Basic Ordering
Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Basic Ordering
Agreement as of the date and year first above written.
UNITED STATES OF AMERICA
BY: /S/ XXXXXXXX XXXX
XXXXXXXX XXXX
Contracting Officer
BY: /S/ XX XXXXXXXX
Xxxxx X. Xxxxxxxx
Director of Business Development
April 13, 1998
000-000-0000
00-000-0000
(Signature, typed name, title, date phone number, DUNS Number)
Page 2
PART I - THE SCHEDULE
---------------------
SECTION A - SOLICITATION/CONTRACT FORM
--------------------------------------
For the purposes of this Basic ordering Agreement (BOA) and its
modifications the terms `contractor', `Contractor', `offeror', `Offeror', and
`quoter' are defined as the company whose name appears on the face page of this
BOA. The words `order', `Order', `Job Order' and `job order' all refer to job
orders placed against this BOA. All references in the BOA to `contract' are
deemed to include job orders.
A.1 INTENT OF THE PARTIES
In order to expeditiously procure the future services of the Contractor, of
the nature hereinafter described, as the need therefore arises, the Government
represented by the Contracting officer and the Contractor mutually agree by
their execution of this Agreement that:
(a) This document shall be construed as an Agreement between the Government and
the Contractor to perform services prescribed under Section B by placement of
job orders which shall be bilaterally executed assuring a binding contract which
constitutes acceptance of all applicable clauses, provisions, and conditions
negotiated in the Basic Ordering Agreement. Job Orders will be written in the
Uniform Contract Format, as per FAR.
(b) Any additional clauses, terms or conditions affected by change in existing
laws or regulations, other than those agreed to in this Agreement, shall be
arrived at, in each instance, by separate negotiation between the parties and
shall be specifically stated in the Job Order. No differing provisions in any
Job Order shall affect a change to this BOA.
(c) Supplies and services provided under any and all job orders arising from
this Agreement shall be within the general scope of work as outlined in Section
B of this Agreement.
(d) Eight (8) different types of job orders may b- issued against this BOA as
follows:
(1) Cost plus award fee type orders.
(2) Cost plus-fixed-fee completion type orders
(3) Cost-plus fixed-fee term type orders
(4) Cost plus incentive fee type orders
(5) Firm Fixed Price completion type orders
(6) Fixed price incentive type orders
(7) Fixed price level of effort type orders
(8) Time & Material/Labor Hour
(End of clause)
A.2 PLACEMENT OF JOB ORDERS
JOB ORDERS HAY NOT BE ISSUED AGAINST THIS BASIC ORDERING AGREEMENT EXCEPT BY THE
MARYLAND PROCUREMENT OFFICE, 0000 XXXXXX XXXX, FT XXXXXX X. XXXXX, MD 20755-
6000.
(End of clause)
SECTION B - SUPPLIES OR SERVICES AND PRICES/COST
------------------------------------------------
B.1 SUPPLIES OR SERVICES
The contractor shall:
Furnish the necessary facilities materials and professional engineering and
technical personnel together with adequate support and management personnel to
provide supplies or services as specified in the Job Order. The type of work
anticipated may include, but NOT be limited to, the following:
(a) Engineering design fabrication testing manufacture and modification of
equipments and components including spares.
(b) Study and evaluation of ideas and components.
(c) Preparation of drawings, manuals, technical data, technical
specifications, instructional materials (which may include instruction of
course(s)), and operational characteristics and preparation of technical
documentation.
(d) Wiring and testing, fabrication, of chassis and printed circuit cards.
(e) Signal analysis services.
(end of clause)
SECTION C - DESCRIPTION/SPECS/WORK STATEMENT
--------------------------------------------
C.1 GENERAL REQUIREMENTS
The following general requirements will apply to this BOA:
(a) WORKMANSHIP All work conducted under this agreement shall be of a
thoroughly professional caliber. The work shall be conducted at all times in
accordance with the best techniques of technical research and development. All
parts shall be fabricated to maintain a tolerances as close as required by the
Government, or when unspecified, as close as is consistent with good engineering
practice. All components and finished equipments shall be free from any defects
which at delivery might affect their serviceability or appearance.
Page 3
(b) Types of components: Commercial components shall be employed
throughout if practicable. Components peculiar to a particular supply source
shall be held to a minimum.
(c) Materials: The best material commercially available shall be used when
a definite material is not designated. If this not practical, it shall be so
stated at the time a proposal is submitted to the Government.
(d) Schematics: All drawings which show electrical circuitry without
regard to the physical position of the various components, and representing
these components by conventional symbols, shall be defined as `schematics' for
the purpose of job orders under this BOA.
(e) Original and Copies of Drawings: The contractor shall furnish to the
Government upon request, originals if available, and copies of all engineering
drawings, sketches, layouts and schematics. The Government reserves the right to
use the drawings, sketches, layouts and schematics in future procurements from
any supplier other than limited rights data as defined in the clause `Rights in
Technical Data and Computer Software.'
(f) Inspection and Test Procedures: Inspection and tests shall be performed
in accordance with instructions contained in the Job Order. The Government may
furnish test procedures or require the contractor to submit test procedures for
Government approval. The contractor shall furnish all necessary facilities and
equipment for testing except for unique testing equipment to be furnished by the
Government.
(End of clause)
C.2 JOB ORDER/CONTENT
The specific Job Order which may be issued under this Basic Ordering
Agreement to the Contractor shall be processed as provided by C.3 and shall
contain among other provisions, the following (in the Uniform Contract Format):
(a) A reference to the Basic Ordering Agreement.
(b) Technical instructions for performance of the work authorized,
descriptions of the material and/or services to be furnished in reasonable
detail, including, when appropriate, a reference to applicable plans, drawings,
and specifications.
(c) Packing packaging and marking requirements, if any.
(d) Inspection testing acceptance and delivery requirements as may be
applicable.
(e) The material, equipment, drawings, and other property, if any, to be
furnished to the Contractor by the Government and the date such property is to
be delivered or otherwise made available to the Contractor.
(End of clause)
C.3 ACTIVATION OF JOB ORDER
(a) PRICED JOB ORDER
The following procedure will be followed to initiate work under this
Agreement:
(1) An oral and/or letter request shall be sent to the Contractor
setting forth the detailed requirements to be accomplished, together with the
necessary attachments (drawings, SOW, PD, DISTRICT DIRECTOR 1423, DISTRICT
DIRECTOR 254, and other applicable documents).
(2) The Contractor shall immediately acknowledge the request for a
proposal, either by signing and returning a copy of the letter request, or if no
letter is received, by initiating an acknowledgment of the oral request.
(3) (i) The Contractor shall review the requirements of the proposed
job order and submit to the Contracting Officer, within the time allotted
(expedited reply is required), a technical proposal and a cost proposal to
complete the requirements.
(ii) Such submission shall not contain conditions or provisions
not in accordance with the terms of this agreement. The Contractor may, however,
request a differing term from the agreement.
(4) The government shall review and, when applicable, negotiate
estimated cost and fee or profit and the technical requirements.
(5) Each Job Order shall be fully negotiated prior to the issuance of
the Standard Form 26 to reflect the Government and Contractor agreement of the
technical requirements and consideration.
(b) UNPRICED JOB ORDERS
(1) In an emergency where it is imperative that the designated task be
commenced prior to the execution of a priced job order, the following procedures
will apply. The procedures in Section C.3 (a) in paragraphs (1) (2) and (3) will
be followed for initiating the job order. Then:
(i) After receipt and review of the Contractor's proposal, the
Contracting officer may issue an unpriced job order stating a monetary ceiling
amount for the Job Order and containing a NOT-TO-EXCEED funding limitation
pending documentation of the Job Order. This Job Order will be on a Form DD1155
"Order for supplies or Services" and will contain a limitation of Government
Liability clause as stated in Section G, Paragraph G.5. The Contractor is
required to sign the Job Order (DD1155) as acceptance of the ceiling priced job
order or provide a letter containing the proposed ceiling price and stating
agreement to accepting a job order on this basis. In exceptional cases, where
award must be made prior to receipt of a qualifying technical proposal, the
Government and the Contractor shall negotiate a maximum ceiling price which must
be confirmed in writing. Use of this procedure will limit the Contractor
expenditures to 50% of the proposed Ceiling price until a qualifying proposal is
received or negotiations have been completed. In no event shall an entire job
order be priced retroactively.
(ii) The initial cost proposal you submit to satisfy the Government's
requirement may be the amount specified for the NOT-TO-EXCEED ceiling amount of
an unpriced job order. This establishment of a not-to-exceed price ceiling is in
accordance with DFARS 217.7404-2. To comply with this, your proposal submitted
in response to the Government's request should have a validity period that
allows time for definitization of the job order. This time period could extend
as long as six months depending on the length and complexity of the audit and
other issues.
(2) When an unpriced job order is issued on a DD1155, the job order will
contain wording referencing the above BOA provision as well as a limitation on
the amount of funds that may be expended prior to definitization. The unpriced
job order may incorporate your cost proposal by reference.
(3) When definitizing the unpriced job order, the ceiling amount will be
subject to a downward negotiation only.
(4) Per the DFAR: Allowable Profit. The head of an agency or a designee
shall ensure that the profit allowed on a UCA, for which the final price is
negotiated after a substantial portion of the performance required is completed,
reflects:
(i) any reduced cost risk of the contractor with respect to costs
incurred during the performance of the contract before the final price is
negotiated; and
(ii) the reduced cost risk of the contractor with respect to costs
incurred during performance of the remaining portion of the contract.
(5) The Contractor shall submit a proposal not later than ons month after
the date of the ceiling priced job order award. Negotiations, per the FAR,
shall be completed not later than six months after the date of award of the
ceiling priced job order. Within these parameters, the Contracting Officer
shall state in the Job Order the actual definitization schedule in accordance
with FAR 52.216-25 Contract Definitization.
(End of clause)
SECTION D - PACKAGING AND MARKING
D.1 PACKING AND PACKAGING
The equipments, devices and components required under this agreement shall
be packaged and packed for domestic shipment in accordance with best commercial
practice to ensure safe arrival at destination unless otherwise specified on the
individual Job Order or in writing by the contracting officer.
(End of clause)
D.2 MARKING
Shipments shall be marked in accordance with instructions to be supplied by
the contracting officer or his duly authorized representative.
(End of clause)
SECTION E - INSPECTION AND ACCEPTANCE
-------------------------------------
E.1 REFERENCED CLAUSES - WHEN APPLICABLE: The following contract clause(s)
(when applicable) pertinent to this section is/are hereby incorporated by
reference:
CLAUSE NO. TITLE
FAR CLAUSES
52.246-2 Inspection of Supplies - Fixed Price (AUG 1996)
52.246-2 Inspection of Supplies Fixed Price (AUG 1996) - Alternate I (JUL
1985)
52.246-3 Inspection of Supplies Cost Reimbursement (APR 1984)
52.246-4 Inspection of Services - Fixed Price {AUG 1996)
52.246-5 Inspection of Services - Cost-Reimbursement (APR 1984)
52.246-6 Inspection -- Time-and-Material and Labor-Hour (JAN 1986)
52.246-6 Inspection -- Time-and-Material and Labor-Hour (JAN 1986) -
Alternate I (APR 1984)
52.246-7 Inspection of Research rnd Development - Fixed Price (AUG 1996)
52.246-8 Inspection of Research and Development - Cost-Reimbursement (APR
1984)
52.246-8 Inspection of Research and Development - Cost Reimbursement
Alternate I (APR 1984)
52.246-9 Inspection of Research and Development (Short Form) (APR 1984)
52.246-16 Responsibility for Supplies (APR 1984)
E.2 INSPECTION AND ACCEPTANCE
Unless otherwise indicated and/or negotiated by the parties inspection and
acceptance will be performed at destination by the duly authorized Contracting
officer's Representative
(End of clause)
SECTION F - DELIVERIES OR PERFORMANCE
-------------------------------------
F.1 REFERENCED CLAUSES - WHEN APPLICABLE. The following contract clause(s)
(when applicable) pertinent to this section is/are her by incorporated by
reference
CLAUSE NO. TITLE
FAR CLAUSES
Page 5
52.211-17 Delivery of Excess Quantities (SEP 1989)
52.242-15 Stop Work Order (AUG 1989) - Alternate I (APR 1984)
52.242-17 Government Delay of Work (APR 1984)
52.247-29 F O B Origin (JUN 1988)
52.247-34 F o B Destination (NOV 1991)
F.2 PERIOD OF PERFORMANCE
The Government may issue Job Orders at its discretion and in conformity
with the ability of the Contractor to perform within the period from the
effective date of this Agreement through 31 MAY 2001. Notwithstanding this
period of performance, it is understood that all job orders negotiated prior to
the expiration of the period indicated above shall be completed in the
negotiated period of performance of that Job Order, except that the Contractor
shall not exceed the funds obligated in the Job Order in accordance with 52.232-
20, Limitation of Cost or 52.232-22, Limitation of Funds.
(End of clause)
F.3 DELIVERY
(a) Any it ms, components or other articles resulting from work performed
under this Agreement shall be delivered to the address shown on the Job Order,
or if not indicated therein to the following:
Transportation Officer
0000 Xxxxxxx Xxxx
Support Activities Building #4, Door #3, 4. or 0
Xxxx Xxxxxx X. Xxxxx, XX 00000-0000
M/F Supply Officer
REF MDA904-_____________ (J.O. # _________)
NOTE: Schedule shipments to arrive at destination from 7:30 AM to 2:30 PM
Monday through Friday excluding Federal Holidays. Full trailer loads will be
accepted by appointment only. 24 Hours advance notice is required. Phone (301)
000-0000 for an appointment.
(Job Order numbers must be on all documents.)
(b) Technical Data requirement shall be prepared and delivered to the
government in such quantities and at such times as specified in the Contract
Data Requirements List DISTRICT DIRECTOR Form 1423.
(End of clause)
F.4 DISCONTINUANCE
The Agreement may be discontinued upon thirty (30) days written notice by
either party hereto. It is understood, however, that discontinuance of this
Agreement by such action will NOT affect any individual Job Order issued prior
to the effective date of discontinuance.
(End of clause)
F.5 F.O.B. POINT
The FOB point unless otherwise indicated and/or negotiated by the parties
will be destination for delivery of supplies.
(End of clause)
SECTION G - CONTRACT ADMINISTRATION DATA
----------------------------------------
G.1 352.229-9000 NOTICE OF TAXATION (SEP 1994)
The Contractor shall provide the Contracting officer with written notice of
any proposed tax assessments, exemptions, exclusions, or refunds which could
increase or decrease costs or liabilities to the contractor and/ or the
Government. The notice shall be submitted in sufficient time to provide the
Government a meaningful opportunity to assert its immunity, participate in
negotiations or litigation with the taxing authority concerning the
applicability of the tax, and/or adjust the parties' liability for costs
according to the increase or decrease in tax.
(End of clause)
G.2 352.229-9001 CONTRACTOR LIABILITY FOR STATE AND LOCAL TAXES (SEP 1994)
Generally the contractor is liable for payment of state or local taxes on
this contract to the same extent that it would be liable for such taxes on a
contract with a non-governmental entity. Although it may be useful for the
contractor to inform the taxing authorities that the Maryland Procurement Office
(MPO) is a federal government agency, this fact alone does not in and of itself
create a tax exemption for the contractor. While some transactions undertaken by
the contractor pursuant to this contract may be exempt from a state or local
tax, it is the contractor's responsibility to identify such exemption under the
applicable statute and to resolve the applicability of such with state or local
taxing authorities.
(End of clause)
G.3 CONTRACT ADMINISTRATION DATA
Page 6
The procuring Contracting Officer shall retain all administration functions
for job orders issued again t this Basic Ordering Agreement, except for the
administration of Government furnished property, which will be administered by
the contractor's cognizant Defense Contract Management Command. Any exceptions
to these administrative functions will be addressed in any Job Order.
(End of clause)
G.4 CONTRACTING OFFICER'S REPRESENTATIVE (COR)
An individual may be designated by the Contracting Officer as the CO's
representative for any resulting Job Order. The appointment of the COR and
extent of authority will be set forth in a letter from the Contracting Officer.
(End of clause)
G.5 INVOICES
Each Job Order shall be a separate contract and be treated as such. Payment
for invoices not containing the complete Job Order number may be delayed.
(a) CPFF OR CPIF JOB ORDERS
(1) The Contractor shall be reimbursed on the basis of invoices
submitted monthly for costs incurred, plus a proportionate amount of fixed fee.
Vouchers are to be submitted through the Contractor's cognizant DCAA office.
Payment of fixed fee shall be subject to the withholding provision of FM 52.232-
9. Monthly invoices submitted shall indicate to the extent such charges apply to
the total material, direct labor, overhead, other direct charges, cost of money,
C&A, and fixed fee applicable to each Job Order. INVOICES SHALL BE SEPARATE FOR
EACH JOB ORDER.
(2) All Public Xxxxxxxx (XX 0000x) shall be submitted.
THROUGH: DEFENSE CONTRACT AUDIT AGENCY
TO: FINANCE AND ACCOUNTING OFFICE
ATTN: N411 (9X-G-_______, J.O. #______)
0000 XXXXXX XXXX
FT XXXXXX X. XXXXX, MD 20755 6000
(b) FFP JOB ORDERS
(1) Invoices submitted under fixed price job orders that do not
authorize Progress Payments will be paid only after inspection and acceptance
and after "Military Inspection and Receiving Reports" (DISTRICT DIRECTOR 250's)
have been properly
completed in accordance with the General Provision entitled Material and
Receiving Report (DoD FAR SUPP).
(2) Invoices under fixed price job orders shall be mailed to the
following address (except Requests for Progress Payments):
TO CONTRACT - ACCOUNTS PAYABLE
Finance and Accounting Office
X.X. Xxx 000
ATTN (9x-G-_____, J.O. #______ )
FT. XXXXXX X. XXXXX, XX 00000-0000
(3) Requests for Progress Payment shall be sent to the Contracting
Officer for that Job Order. Payment requests without the cognizant Contracting
Officer or Negotiator's name or initials delays payment. Sending the invoice to
other than the C.O. or negotiator for that job order (i.e., using the address in
2 above) shall delay payment.
(End of clause)
G.6 PLACE OF PERFORMANCE
Unless written approval of the Contracting Officer is obtained in advance,
the work to be performed under this Agreement may not be carried on in any plant
or factory other than the Contractor's plant on the face page of this BOA or in
the paragraph in Section X (Contractor's Representations and Certifications )
entitled "Place of Performance."
(End of clause)
G.7 LIMITATION OF GOVERNMENT LIABILITY. (This clause applicable to Ceiling
Priced Job Orders)
(a) The Contractor is not authorized to make expenditures or incur
obligations in the performance of EACH Job Order which exceed the total amount
obligated for that job order.
(b) If the proposed price for an Job Order as submitted by the Contractor
is not acceptable to the Government, the parties shall enter into negotiation
for the purpose of agreeing to fair and reasonable prices and satisfactory
delivery schedule. When agreement has been reached the Contracting Officer shall
prepare a Standard Form 30 setting forth the agreed prices, delivery schedule,
and other items, which will be executed by both parties.
(c) If the parties fail to reach an agreement, the failure to agree shall
be disposed of in accordance with the clause entitled "Disputes." Pending
settlement of such dispute, the Contracting Officer shall establish prices and
delivery schedules determined to be fair and reasonable and shall set forth same
in a priced modification to the Job Order indicating thereon that such prices
are billing prices pending the outcome of the dispute.
(End of clause)
Page 7
G.8 PROMPT PAYMENT ACT APPLICABILITY
This contract is subject to the Prompt Payment Act Public Law 97-177, as
amended. Discount periods for Prompt Payment shall be computed as set forth in
the clause, DISCOUNTS FOR PROMPT PAYMENT (MODIFIED) in Section H.
(End of clause)
G.9 POINT OF CONTACT
Questions regarding specific job orders issued under this BOA should be
directed to the office which issued the job order.
(End of clause)
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 352-204.9003 CONTRACTOR PERSONNEL CLEARANCES - CONTRACT (OCS 1993)
(a) It shall be the responsibility of the contractor to optimize the use
of currently cleared personnel in completing the requirements of this contract.
In the event that the contractor requires additional personnel clearances, any
delays incurred in the contract progress and/or schedule as a result of the time
required to clear such personnel shall be the contractor's responsibility. Under
no circumstances shall the Government recognize a claim for an equitable
adjustment in the contract price and/or schedule as a result of any delay due to
the failure to have properly cleared personnel.
(b) It is understood that the contractor will provide personnel as
suitable replacements on a best efforts basis.
(End of clause)
H.2 352.204-9010 NOTICE: CONTRACT ADMINISTRATION AND CLOSEOUT GUIDANCE (JAN
1993)
The following guidance is provided for your use in administering and
closing out the contract. When the contract is complete, the contractor shall
initiate final accounting and disposition. This shall be done in accordance with
the following instructions. If a portion of the instructions are not applicable
to this contract, disregard that portion.
(a) Government Furnished Property/Documents
(1) The cognizant property administration office (Defense Contract
Management Command (DCMC) and/or L15) is designated to administer the
maintenance by the
contractor of official Government Property Records for all Government
property/documents. See section G - Contract Administration Data for the
cognizant office for this contract.
(2) The contractor shall sign (1) copy of the shipping or inspection
document acknowledging receipt of property/documents and forward same to the
designated property administrator.
(3) At the end of the contract, the contractor shall submit the
Government Furnished Property/Documents Inventory Schedule requesting
disposition to the cognizant office. The cognizant property administration
office shall then obtain the disposition instructions from the contracting
officer's Representative (COR), and they will forward them to the contractor.
The contractor shall provide the cognizant office with a declaration that all
Government furnished property/documents have been accounted for or expended
(disposition is complete) in the performance of the contract. The cognizant
property administration office will provide the Maryland Procurement Office
(MPO) and the COR with the appropriate releases.
(b) Contractor Acquired Property: At the end of the contract, the
contractor shall submit the Contractor Acquired Property list, requesting
disposition to the cognizant property administration office. This office will
then obtain the disposition instructions from the COR and then will forward them
to the contractor The contractor shall provide the cognizant office with a
declaration that Contractor Acquired Property has been dispositioned as
requested. The cognizant property administration office will provide the MPO and
the COR with the appropriate releases.
(c) Plant Clearance. The cognizant property administration office is
automatically delegated plant clearance procedures.
(d) Classified Material/Documents (DD254 on the contract). The
disposition/retention action of classified holding should be initiated pursuant
to paragraphs 5.1 and 5.m of the Industrial Security Manual. The inventory shall
be submitted to the Director, NSA/CSS, ATTN (the applicable COR with office
designator), 0000 Xxxxxx Xxxx, Xx. Xxxxxx X. Xxxxx, Xxxxxxxx 00000-0000. After
compliance with the COR's disposition instructions, the contractor shall submit
evidence of compliance certified by the CSSO to the HPO (ATTN ________
(Contracting Officer's name), Maryland Procurement Office, 0000 Xxxxxx Xxxx,
Xxxx Xxxxxx X. Xxxxx, MD 20755-6000), with a courtesy copy to M52 and the COR.
(e) Report of Inventions and Subcontracts (Form DD882). Pursuant to
the Patent Rights Clause of this contract, the contractor shall submit the
DISTRICT DIRECTOR Form 882 to the Director, NSA/CSS, ATTN (the applicable COR
with office designator), 0000 Xxxxxx Xxxx, Xx. Xxxxxx X. Xxxxx, Maryland 20755-
6000, with a courtesy copy to the HPO (ATTN _______ (Contracting Officer's
name), Maryland Procurement Office, 0000 Xxxxxx Xxxx, Xxxx Xxxxxx X. Xxxxx, MD
20755-6000).
(f) Final Payment
(1) For contracts requiring final DCAA audit, the contractor
shall submit the final voucher with release and assignment documentation to the
cognizant Defense Contract Audit Agency (DCAA) office for processing in
accordance with FAR 4.804 (within 180 days).
(2) For all contracts not requiring final DCAA audit the contractor
shall submit the final invoice DD250 to the COR for processing.
Page 8
(g) Contract Data Requirements List (CDRL) DISTRICT DIRECTOR Form 1423. If
not previously provided to the COR, the contractor shall provide the COR with
status of the documentation for final resolution. This shall be submitted to the
Director, NSA/CSS, ATTN (the applicable COR with the office designator), 0000
Xxxxxx Xxxx, Xx. Xxxxxx X. Xxxxx, Maryland 20755-6000 with a courtesy copy to
the HPO (ATTN: N1 ______ (Contracting Officer's name), Maryland Procurement
Office, 0000 Xxxxxx Xxxx, Xxxx Xxxxxx X. Xxxxx, MD 20755-6000).
(h) Quick Closeout.
(1) The contractor shall review the contract for applicability of the
Quick Close Out Procedures in accordance with the FAR 42.708, and determine if
this method applies. If applicable, the contractor may request in writing Quick
Close Out authorization from the CO.
(2) The MPO will authorize Quick Closeout Procedures, if applicable.
The Contractor shall then submit a copy of the letter, the final voucher, etc.,
directly to the cognizant DCAA office (see section G).
(End of notice)
H.0 000 000-0000 NOTICE: GOVERNMENT CLOSURES (DEC 1997)
(a) Government Holidays:
New Year's Day - 1 January
Xxxxxx Xxxxxx Xxxx Jr's Birthday - 3rd Monday in January
President's Day - 3rd Monday in February
Memorial Day - Last Monday in May
Independence Day - 4 July
Labor Day - 1st Monday in September
Columbus Day - 2nd Monday in October
Veteran's Day - 11 November
Thanksgiving Day - 4th Thursday in November
Christmas Day - 25 December
Any other day designated by Federal Statute Executive order or a
Presidential proclamation.
When a holiday falls on a Sunday, the following Monday will be observed as
a legal holiday. When a holiday falls on a Saturday, the preceding Friday is
observed as a holiday by U.S. Government Agencies.
Unless authorized by the Contracting Officer or his duly authorized
representative, the contractor shall not work UNDER MPO CONTRACT at any
government facility on any holiday
listed above nor should any deliveries under this contract be made to an any
government facility on those days.
The amounts in Section B of the contract include an allowance for holidays
to be observed; and, accordingly, the government will not be billed for such
holidays except when services are required by the government and are actually
performed on a holiday.
(b) Administrative leave
(1) When the Government grants administrative leave to employees as a
result of inclement weather, potentially hazardous conditions, or other special
circumstances, contractor personnel working at the specific facility/location
granted administrative leave shall also be dismissed. However, the contractor
shall provide sufficient on-site personnel to perform the requirements of
critical wort already in process if instructed by the contracting Officer or
duly authorized representative.
(2) On-site personnel working on this contract shall not be granted
access to Agency installations during closure situations unless they are
designated as emergency or essential personnel required to perform the
requirements of critical work already in process or are otherwise instructed by
the contracting Officer or duly authorized representative. On-site personnel at
another government facility shall only be granted access under terms agreed to
with that Agency.
(c) Except for emergency situations or when instructed by the Contracting
Officer or duly authorized representative, the costs associated with the period
of any such Agency closure shall not be a direct reimbursable cost under this
contract. If authorized in accordance with the contractor's normal accounting
procedures, these costs MAY be reimbursable as an indirect cost using
established indirect cost pools.
(End of clause)
H.4 352.227-9002 COMMERCIAL COMPUTER SOFTWARE - CONTRACTS (FEB 1996)
Pursuant to the requirements of Defense Federal Acquisition Regulation
Supplement (DFARS) 227.7202-1, commercial computer software to be delivered
under this contract will be acquired under the license customarily provided by
the contractor to the public to the extent those licenses are consistent with
Federal Procurement Law.
(End of clause)
H.5 352.227-9003 YEAR 2000 COMPLIANCE - COMMERCIAL ITEMS (JAN 1997)
(a) Definition: INFORMATION TECHNOLOGY means any equipment or
interconnected system or subsystem of equipment that is used in the automatic
acquisition, storage, manipulation, management, movement, control, display,
switching, interchange, transmission, or reception of data or information. This
is for equipment used by the government directly or is used by a contractor
under a contract with the Agency which (1) requires the use of
such equipment, or (2) requires the use, to a significant extent, of such
equipment in the performance of a service or the furnishing of a product.
Information technology includes computers, ancillary equipment, software,
firmware and similar procedures, services (including support services) and
related resources. It does NOT include any equipment that is acquired by a
Federal Contractor incidental to a Federal contract.
Page 9
(b) The Contractor warrants that each information technology product
delivered under this contract and listed below shall be able to accurately
process date data (including, but not limited to, calculating, comparing, and
sequencing) from, into, and between the twentieth and twenty-first centuries,
including leap year calculations, when used in accordance with the product
documentation provided by the contractor, provided that all listed or unlisted
products (e.g., hardware, software, firmware) used in combination with such
listed product properly exchange date data with it. The words "listed below"
refer to products that the offeror has identified as being Year 2000 compliant
in response to the procuring agency's specifications. If the contract requires
that specific listed products must perform as a system in accordance with the
foregoing warranty, then that warranty shall apply to those listed products as a
system. The duration of this warranty and the remedies available to the
Government for breach of this warranty shall be as defined in and subject to the
terms and limitations of the contractor's standard commercial warranty or
warranties contained in this contract. Nothing in this warranty shall be
construed to limit any rights or remedies the Government may otherwise have
under this contract with respect to defects other than Year 2000 performance.
H.6 352.227-9004 YEAR 2000 COMPLIANCE - NON-COMMERCIAL ITEMS (JAN 1997)
(a) Definition: INFORMATION TECHNOLOGY means any equipment or
interconnected system or subsystem of equipment that is used in the automatic
acquisition, storage, manipulation, management, movement, control, display,
switching, interchange, transmission, or reception of data or information. This
is for equipment used by the government directly or is used by a contractor
under a contract with the Agency which (1) requires the use of such equipment,
or (2) requires the use to a significant extent of such equipment in the
performance of a service of the furnishing of a product. Information technology
includes computers, ancillary equipment, software, firmware and similar
procedures, services (including support services), and related resources. It
does NOT include any equipment that is acquired by a Federal Contractor
incidental to a Federal contract.
(b) The contractor warrants that each non commercial item of information
technology delivered or developed under this contract and listed below shall be
able to accurately process date data (including, but not limited to,
calculating, comparing, and sequencing) from, into, and between the twentieth
and twenty-first centuries, including leap year calculations, when used in
accordance with the item documentation provided by the contractor, provided that
all listed or unlisted items (e.g., hardware, software, firmware) used in
combination with such listed item properly exchange date data with it. The words
"listed below" refer to products that the offeror has identified as being Year
2000 compliant in response to the procuring agency's specifications. If the
contract requires that specific listed items must perform as a system in
accordance with the foregoing warranty, then that warranty shall apply to those
listed items as a system. The duration of this warranty and the remedies
available to the Government for breach of this warranty shall be as defined in
and subject to the terms and limitations of any general warranty provisions of
this contract. Nothing in this warranty shall be construed to limit any rights
or remedies the Government may otherwise have under this contract with respect
to defects other than Year 2000 performance.
(End of clause)
H.7 352.227-9005 NOTIFICATION OF FOREIGN ORIGIN SOFTWARE AND/OR FIRMWARE (OCT
1997)
Offerors/contractor shall notify the Contracting officer in writing if any
foreign manufactured developed maintained and/or modified software and/or
firmware will be used or included in the deliverables under this contract.
Foreign-origin software and/or firmware that is merely a possible candidate for
use under this contract shall also be identified. Notification pursuant to this
clause must include the identity of the foreign source and the nature of the
software application and is required as soon as there is a reason to know or
suspect foreign origin.
NSA reserves the right to exclude foreign-origin software and/or firmware
from use under contract on a case-by-case basis.
(End of clause)
H.8 352.232-9009 DISCOUNTS FOR PROMPT PAYMENT (OCT 1993)
(a) Discounts for prompt payment will not be considered in the evaluation
of offers. However, any offered discount will form a part of the award and will
be taken if payment is made within the discount period indicated in the offer by
the offeror. As an alternative to offering a prompt payment discount in
conjunction with the offer, offerors awarded the contracts/purchase orders may
include prompt payment discounts on individual invoices.
(b) In connection with any discount offered time will be computed (i) from
date of delivery of the supplies to carrier when acceptance is at the point of
origin, (ii) from date of delivery at destination or port of embarkation when
delivery and acceptance are at either of these two points, or (iii) from the
date the correct invoice or voucher is received in the designated billing office
whichever is later. For the purpose of computing the discount earned payment
shall be considered to have been made on the date which appears on the payment
check or the date on which an electronic funds transfer was made.
(End of clause)
H.9 352.244-9000 NOTICE SUBCONTRACTING WITH CANADIAN CONTRACTORS (OCT 1993)
Provided the Sponsoring Government Activity is not disclosed, the offeror
is not prohibited from subcontracting with Canadian Contractors unless the work
to be performed under any resulting contract is classified in nature.
Federal Acquisition Regulation (FAR) Part 44, Subcontracting Policies and
Procedures, particularly Subpart 44.2 - Consent to Subcontract, applies.
In addition to those clauses which the prime contractor is normally
required to insert in
Page 10
subcontracts, the following must be included as required:
FAR 52.225-11 Restrictions on Certain Foreign Purchases (APR 91)
DFARS 252.225-7026 Reporting of Overseas Subcontracts (DEC 1991)
(End of notice)
H.10 DISCLOSURE OF INFORMATION
(a) The Contractor shall not disclose any information under this Basic
Ordering Agreement, any Job Order under this BOA or any contract, including the
following, to any person (including other Government agencies), unless (i) it is
required for the performance of this contract, or (ii) the individual is
specifically authorized in writing by the Contracting officer to receive the
information.
(1) The Basic ordering Agreement Job Order award or contract.
(2) Sponsorship of the BOA Job Order or contract to include:
(i) Any information about the organization, fiscal data,
functions, and activities of the Sponsoring Government Activity.
(ii) Any information concerning the personnel strength of the
Sponsoring Government Activity or its subdivisions, or the names, titles, or
salaries of the personnel assigned or detailed to or employed by the sponsoring
Government Activity without regard to classification status.
(3) The Government's use interest in or application of the following:
(i) The Basic Ordering Agreement or contract or Job Order
Schedule and technical data incorporated therein.
(ii) Purchase Description specifications and drawings.
(iii) Scientific studies research development and design service.
(iv) Components devices equipments and systems.
(v) Techniques methods and processes.
(vi) Details and/or results of performance.
(b) Disclosures by the contractor which require specific written
authorization from the Contracting Officer include information, whether written
or oral, to be revealed in
technical conferences, symposia, meetings,periodicals, journals, brochures, or
advertising. Once authorization to use any specific information has been
approved by the Contracting Officer, the contractor is authorized to reuse such
specific information without obtaining additional authorization from the
Contracting Officer. The contractor shall maintain a log of the additional uses
and submit a copy of the log to the Contracting officer when each additional
disclosure is made.
(c) When prescribed by the Contracting Officer, the Contractor agrees
to insert in subcontracts and purchase orders hereunder provisions which shall
conform substantially to the language of paragraphs (a) and (b) above. Normally
these provisions will not be required by the Contracting officer in purchase
orders for standard commercial items which have been sold or offered for sale to
the public commercially by any supplier
(d) The provisions set forth in DFMS 252 204e7000 and Paragraphs (a),
(b), and (c) shall not be construed to preclude the contractor from otherwise
using for its normal commercial purposes, information, techniques, processes,
methods, developments, components, devices, equipments, systems, and proprietary
data employed in the conduct of the work, except that which is specifically
developed for or as a result of the contract or which is Protected Information,
as defined the Contractor Security Agreement, and precluded from disclosure
without pre-disclosure Government review. In so using the information as
authorized by this paragraph, the contractor (i) shall not disclose any
information concerning the sponsorship of this contract Basic ordering Agreement
or Job Order, or (ii) the nature of the Government's interest in application of
the subject matter of this contract Basic Ordering Agreement or Job Order.
(End of clause)
H.11 REPORTS
Reports and other data requirements will be outlined in DISTRICT DIRECTOR
Form 1423 furnished with each applicable Job Order
(End of clause)
H.12 GOVERNMENT PROPERTY
(a) The Government may furnish the Contractor certain items of material
and/or equipment as such action is considered to be in the best interest of the
Government. Such material and/or equipment will be designated on individual job
orders.
(b) In fulfillment of the requirements of the General Provision entitled
"Government Property", residual property schedules shall be submitted in
accordance with PAR 45.508.
(c) DESIGNATION OF PROPERTY ADMINISTRATOR - RECORDS OF PROPERTY (FM 45
105(a)).
Page 11
The Defense Contract Management Command is designated to administer the
maintenance by the contractor of official Government Property Records, in
accordance with the provisions of Section 45 of the Federal Acquisition
Regulations.
(End of clause)
H.13 SUBCONTRACTING
(a) FAR 52.244-2 shall apply to any subcontract entered into for the
performance of the requirements of any Cost Type Job Order issued under this
Agreement.However, it is agreed that the term "Subcontracts", as used in
this Article, will not include normal Purchase Orders for any standard
commercial items required under those Job Orders. Therefore, such Purchase
Orders will be exempt from the provisions of this paragraph. It should be noted
that this definition of "subcontracts" does not apply to any requirement for
submission of a Subcontracting Plan as outlined in H.11 of this Agreement.
(b) The Contractor shall not enter into a subcontract involving the type of
work specified herein without obtaining in advance the written approval of the
Contracting Officer and subject to the conditions that he may prescribe when
required by the terms of FAR 52.244-2.
(End of clause)
H.14 SUBCONTRACTING PLAN FOR SMALL BUSINESS AND SMALL DISADVANTAGE BUSINESS
CONCERNS
(a) In accordance with Public Law 95-507, FAR and FAR SUP, a Subcontracting
Plan for small business and Small Disadvantaged Business Concerns will be
required prior to the award of any individual Job Order over $500 000. Offeror
may submit plan with initial proposal. If not submitted with the initial
proposal, a plan shall be submitted when requested by the Contracting Officer.
(b) The Offeror is hereby notified that no Job Order will be awarded unless
and until a plan is negotiated with and accepted by the Contracting Officer and
such acceptable plan is incorporated into the Job Order as a material part
thereof.
(End of clause)
H.15 CERTIFICATION OF INDIRECT COSTS
The Contractor shall provide a copy of the certification submitted to DCMC
pursuant to FAR Clause No. 52.242-4 for retention in each Job Order file.
(End of clause)
H.16 ACCESS TO GOVERNMENT FACILITIES BY UNCLEARED ELECTRONIC EQUIPMENT SERVICE
PERSONNEL
Contractor personnel who have access to sponsoring Government facilities
under the terms of a Job Order, at a minimum, must successfully complete limited
personnel security screening consisting of a National Agency Check and a
polygraph interview confined to questions of a counterespionage nature.
Contractor personnel with continuing access also will be subject to a periodic
counterespionage-scope polygraph interviews.
(End of clause)
H.17 INCORPORATION OF SECTION K BY REFERENCE
In accordance with FAR 15.204-l(b), Part IV of the Uniform Contract Format
shall not be physically included in the Job Orders, but Section K,
Representations, Certifications, and Other Statements of Offerors (as completed
by the Contractor), shall be deemed incorporated by reference in each Job Order.
The provisions listed below shall be completed for each Job Order as applicable.
After supplied to the MPO, these shall be deemed incorporated by reference also.
52 215-6 PLACE OF PERFORMANCE
52 215-7 ANNUAL REPRESENTATIONS AND CERTIFICATIONS -NEGOTIATION
52 222-25 AFFIRMATIVE ACTION COMPLIANCE
52 223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984)
52 227-7 PATENTS - NOTICE OF GOVERNMENT LICENSEE
52 230-1 COST AND ACCOUNTING STAND M DS NOTICES AND CERTIFICATION
252 225 - 7000B BUY AMERICAN ACT - BALANCE OF PAYMENTS PROGRAM CERTIFICATE
252 225 - 7003 INFORMATION FOR DUTY-FREE ENTRY EVALUATION
252 225 - 7006 BUY AMERICAN ACT - TRADE AGREEMENTS ACT -BALANCE OF
PAYMENTS PROGRAM CERTIFICATE
252 225 - 7018 NOTICE OF PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN
ENTITIES FOR THE CONDUCT OF BALLISTIC MISSILE DEFENSE
RDT&E
352 209 - 9000 FINANCIAL RESOURCES
(End of clause)
H.18 RETENTION OF INFORMATION
After completion of each Job Order, and at the completion of the period of
performance of the Basic Ordering Agreement, the Contractor shall not retain in
his possession (unless specified by the Job Order document) any drawings,
sketches, prints, reports, or other data developed under each Job Order without
written approval of the Contracting Officer or his duly authorized
representative. If the Contracting Officer so directs, the contractor shall
return all information to the Government. This data to be provided to the
contracting officer does not include contractor proprietary financial data.
(End of clause)
Page 12
H.19 SPECIAL PROVISION FOR LATE DELIVERY (APPLICABLE TO ALL FIXED PRICE JOB
ORDERS)
If the Contractor fails to make delivery of the items called for herein on
or before the contractual delivery date without proof of an excusable delay as
defined in the Default provision of this BOA and Job Order, and the Government
does not elect to terminate performance in accordance with the termination
provisions of this BOA, then the parties shall promptly and in good faith
negotiate an extended delivery schedule in exchange for adequate consideration
from the Contractor. Should the parties fail to reach agreement on such a
modification, the Contracting Officer may unilaterally determine what
constitutes a reasonable delivery schedule and the consideration therefore.
Failure to agree to such schedule and consideration shall be a dispute
concerning a question of fact within the meaning of the clause of this BOA
entitled "Disputes". The rights and remedies set forth in this clause shall not
be exclusive and are in addition to any other rights and remedies provided by
law or under this contract
(End of clause)
H.20 NOTICE - 52.232 PROMPT PAYMENT (SEP 1992) (DEVIATION)
A class deviation was received from the Offices of the Under Secretary of
Defense as follows:
(a) Delete from the lead-in paragraph: "The term "foreign vendor" means an
incorporated concern not incorporated in the United States or an unincorporated
concern having its principal place of business outside the United States.
(b) Delete the last sentence of paragraph (a)(5) which states: "An interest
penalty shall not be paid on contracts awarded to foreign vendors outside the
United States for work performed outside the United States".
(End of clause)
Page 13
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
I.1 REFERENCED CLAUSES The following contract clauses are hereby incorporated
by reference.
CLAUSE NO. TITLE
FAR CLAUSES
52.202-1 Definitions (OCT 1995)
52.203-5 Covenant Against Contingent Fees (APR 1984)
52.203-7 Anti Kickback Procedures (JUL 1995)
52.203-8 Cancellation Rescission and Recovery of Funds for Illegal or
Improper Activity (JAN 1997)
52.203-10 Price or Fee Adjustment for Illegal or Improper Activity (JAN
1997)
52.204-4 Printing/Copying Double-Sided on Recycled Paper (JUN 1996)
52.209-6 Protecting the Government's Interest When Subcontracting with
contractors Debarred Suspended or Proposed for Debarment (AUG
1995)
52.211-5 Material Requirements (OCT 1997)
52.211-15 Defense Priority and Allocation Requirements (SEP 1990)
52.215-8 Order of Precedence - Uniform contract Format (OCT 1997)
52.219-8 Utilization of Small Business Concerns and Small Disadvantaged
Business Concerns (JUN 1997)
52.225-11 Restrictions on Certain Foreign Purchases (MAY 1992)
52.232-17 Interest (Jun 1996)
52.232-23 Assignment of Claims (JAN 1986)
52.242-13 Bankruptcy (JUL 1995)
52.253-1 Computer Generated Forms (JAN 1991)
DFARS CLAUSES
252.203-7001 Special Prohibition on Employment (JUN 1997)
252.204-7003 Control of Government Personnel Work Product (APR 1992)
252.209-7000 Acquisition From Subcontractors Subject to On-site
Inspection Under the Intermediate Range Nuclear Forces (INF)
Treaty (NOV 1995)
252.223-7004 Drug-Free Work Force (SEP 1988)
252.225-7012 Preference for Certain Domestic Commodities (FEB 1997)
252.225-7016 Restriction on Acquisition of Antifriction Bearings (XXX 1997)
252.225-7031 Secondary Arab Boycott of Israel (JUN 1992)
252.231-7000 Supplemental Cost Principles (DEC 1991)
252.232-7006 Reduction or Suspension of Contract Payments Upon Finding of
Fraud (AUG 1992)
252.243-7002 Certification of Requests for Equitable Adjustment (JUL 1997)
252.247-7023 Transportation of Supplies by Sea (NOV 1995)
I.2 FIXED PRICE R&D. The following contract clauses pertinent to Fixed Price
R&D contracts are hereby incorporated by reference
CLAUSE NO. TITLE
FAR CLAUSES
52.222-4 Contract Work Hours and safety Standards Act - Overtime
Compensation (JUL 1995)
52.232-2 Payments under Fixed-Price Research and Development Contracts
(APR 1984)
52.233-3 Protest After Award (OCT 1995)
52.243-1 Changes - Fixed Price (AUG 1987) - Alternate V (APR 1984)
52.249-9 Default (Fixed Price Research and Development) (APR 1984)
DFARS CLAUSES
252.235-7010 Acknowledgement of Support and Disclaimer (MAY 1995)
252.235-7011 Final Scientific or Technical Report (MAY 1995)
252.243-7001 Pricing of Contract Modifications (DEC 1991)
I.3 FIXED PRICE SERVICE. The following contract clauses pertinent to Fixed
Price Service contracts are hereby incorporated by reference
CLAUSE NO. TITLE
FAR CLAUSES
52.222-4 Contract Work Hours and Safety Standards Act - Overtime
Compensation (JUL 1995)
52.232-1 Payments (APR 1984)
52.232-11 Extras (APR 1984)
52.233-3 Protest After Award (OCT 1995)
52.249-8 Default (Fixed Price Supply and Service) (APR 1984)
DFARS CLAUSES
252.243-7001 Pricing of contract Modifications (DEC 1991)
Page 14
I.4 FIXED PRICE SUPPLY. The following contract clauses pertinent to Fixed Price
Supply contracts are hereby incorporated by reference:
CLAUSE NO. TITLE
FAR CLAUSES
52.203-3 Gratuities (APR 1984)
52.215-26 Integrity of Unit Prices (FEB 1997) - Alternate I (APR 1991)
52.222-20 Xxxxx-Xxxxxx Public Contracts Act (DEC 1996)
52.232-1 Payments (APR 1984)
52.232-11 Extras (APR 1984)
52.233-3 Protest After Award (OCT 1995)
52.243-1 Changes - Fixed Price (AUG 1987)
52.249-8 Default (Fixed Price Supply and Service)(APR 1984)
52.251-1 Government Supply sources (APR 1984)
DFARS CLAUSES
252.225-7009 Duty Free Entry - Qualifying Country End Products and Supplies
(JAN 1997)
252.243-7001 Pricing of Contract Modifications (DEC 1991)
252.251-7000 Ordering From Government Supply Sources (MAY 1995)
I.5 COST REIMBURSEMENT R&D. The following contract clauses pertinent to Cost
Reimbursement RED contracts are hereby incorporated by reference:
CLAUSE NO. TITLE
FAR CLAUSES
52.203e3 Gratuities (APR 1984)
52.228e7 Insurance Liability to Third Persons (MAR 1996)
52.233e3 Protest After Award (OCT 1995)
52.242e1 Notice of Intent to Disallow Costs (APR 1984)
52.243e2 Changes - Cost Reimbursement (AUG 1987) Alternate V (APR 1984)
52.244e2 Subcontracts Under Cost Reimbursement and Letter Contracts (OCT
1997) Alternate I (AUG 1996)
DFARS CLAUSES
252.235-7010 Acknowledgement of Support and Disclaimer (MAY 1995
252.235-7011 Final Scientific or Technical Report (MAY 1995)
I.6 COST REIMBURSEMENT SERVICE. The following contract clauses pertinent to
Cost Reimbursement Service contracts are hereby incorporated by reference:
CLAUSE NO. TITLE
FAR CLAUSES
52.203-3 Gratuities (APR 1984)
52.228-7 Insurance - Liability to Third Persons (M M 1996)
52.233-3 Protest After Award (OCT 1995)
52.242-1 Notice of Intent to Disallow Costs (APR 1984)
52.244-2 Subcontracts Under Cost-Reimbursement and Letter Contracts (OCT
1997) - Alternate I (AUG 1996)
I.7 COST REIMBURSEMENT SUPPLY. The following contract clauses pertinent to Cost
Reimbursement Supply contracts are hereby incorporated by reference:
CLAUSE NO. TITLE
FAR CLAUSES
52.203-3 Gratuities (APR 1984)
52.215-26 Integrity of Unit Prices (FEB 1997) - Alternate I (APR 1991)
52.222-20 Xxxxx-Xxxxxx Public Contracts Act (DEC 1996)
52.228-7 Insurance - Liability to Third Persons (MAR 1996)
52.233-3 Protest After Award (OCT 1995)
52.242-1 Notice of Intent to Disallow Costs (APR 1984)
52.243-2 Changes - Cost-Reimbursement (AUG 1987) - Alternate V (APR 1984)
52.244-2 Subcontracts Under Cost-Reimbursement and Letter Contracts (OCT
1997) - Alternate I (AUG 1996)
DFARS CLAUSES
252.225-7009 Duty Free Entry - Qualifying Country End Products and
Supplies (JAN 1997)
I.8 TIME-AND-MATERIAL/LABOR-HOURS. The following contract clauses pertinent to
Time-and-Materials/Labor-Hours contracts are hereby incorporated by reference:
CLAUSE NO. TITLE
FAR CLAUSES
52.222-4 Contract Work Hours and Safety Standards Act - Overtime
Compensation (JUL 1995)
Page 15
52.233-3 Protest After Award (AUG 199 6)
52.243-3 Changes -- Time-and-Materials or Labor-Hours (AUG 19871
52.244-3 subcontracts Under Time-and-Materials and Labor-Hour Contracts
(OCT 1997)
52.249-14 Excusable Delays (APR 1984)
52.251-1 Government Supply sources (APR 19841
DFARS CLAUSES
252.243-7001 Pricing of contract Modifications (DEC 1991)
I.9 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): N/A at this
time.
(End of clause)
I.10 FOR COST REIMBURSEMENT CONTRACTS
(a) Allowable costs shall constitute the costs incurred by the Contractor
in the performance of Job Orders issued against this Agreement and acceptable to
the Contracting officer or his authorized representative as chargeable thereto
in accordance with FAR 52.216-7, limited by contract clause FAR 52.232-22 of
this Agreement. For purposes of the Agreement, the contract clauses concerning
"Limitation of Cost" and "Allowable Cost and Payments" shall be applicable to
Job Orders negotiated hereunder in the same manner as though the words "this
contract" in each instance in which they appear in the said clauses were to read
"each job order" negotiated under this Agreement".
(b) Reimbursement for costs shall be accomplished in accordance with the
following
(1) Use for fully funded cost reimbursement awards:
(i) Allowable costs constitute those costs incurred by the
contractor in the performance of this contract which are acceptable by the
Contracting Officer or his duly authorized representative and chargeable hereto
in accordance with FAR 52.216-7, limited by contract clause FAR 52.232-20
entitled "Limitation of Cost".
(ii) Travel shall be reimbursed at cost. Lodging shall be
reimbursed at actual cost; meals and incidental expenses shall be reimbursed at
the applicable flat rate. The total of lodging, meals, and incidental expenses
shall not exceed the established rate for each location set forth in the
"Federal Travel Regulations" (FTB), the "Joint Travel Regulations",
Volume 2 (JTR), and the "Standardized Regulations" Government Civilians, Foreign
Areas), Section 925" as applicable. These costs shall be chargeable directly to
this contract in accordance with the contractor's established method of
distributing such costs.
(iii) Upon determination of the allowable costs, actual overhead,
and general and administrative expense costs applicable to this contract, any
payment that shall have been made to the contractor shall be adjusted to reflect
such actual costs.
NOTE: Add the following only when precontract costs have been authorized:
(iv) Precontract costs incurred on or after _______ in an amount
NTE $_______ in anticipation of contract award are recognized to the extent they
are otherwise reasonable, allowable, and allocable.
(2) Use for incrementally funded cost reimbursement awards
(i) Allowable costs constitute those costs incurred by the
contractor in the performance of this contract which are acceptable by the
Contracting Officer or his duly authorized representative and chargeable hereto
in accordance with FAR 52.216.7, limited by contract clause FAR 52.232.22
entitled "Limitation of Funds" .
(ii) Travel shall be reimbursed at cost Lodging shall be
reimbursed at actual cost meals and incidental expenses shall be reimbursed at
the applicable flat rate. The total of lodging, meals, and incidental expenses
shall not exceed the established rate for each location set forth in the
"Federal Travel Regulations" (FTR); the "Joint Travel Regulations", Volume 2
(JTR) and the "Standardized Regulations" Government Civilians, Foreign Areas)
Section 925" as applicable. These costs shall be chargeable directly to this
contract in accordance with the contractor's established method of distributing
such costs.
(iii) Upon determination of the allowable costs, actual overhead
and general and administrative expense costs applicable to this contract, any
payment that shall have been made to the contractor shall be adjusted to reflect
such actual costs.
NOTE: Add the following only when precontract costs have been authorized.
(iv) Precontract costs incurred on or after ________ in an
amount NTE $________ in anticipation of contract award are recognized to the
extent they are otherwise reasonable, allowable, and allocable.
(End of clause)
I.11 FOR FIXED FEE TERM CONTRACTS:
(a) The Statutory Fee Limitations stated in FAR 15.903(d) apply to Cost
Reimbursement to orders placed under this Basic ordering Agreement.
(b) The following provisions are applicable to term type Cost-Plus-Fixed-
Fee job orders placed against this BOA.
(1) It is understood and agreed that the rate of man-hours per month may
fluctuate in
Page 16
pursuit of the technical objective, however, such fluctuations will be
controlled to avoid and exhaustion of the total man-hours of effort before the
expiration of the term of the contract. In controlling the utilization of man-
hours of effort the Contractor shall promptly notify the Contracting in writing
when there is indication that premature exhaustion of the total man-hours is
predicted. When deemed necessary by the Contractor, the hours of effort in any
classification shown in each individual job order may be used in any other
direct labor classification in that job order.
(2) The estimated cost and fixed fee is predicated upon the contractor
furnishing the level of effort specified herein. The fee shall be payable in
direct proportion to the level of effort expended upon certification by the
Contractor of the effort expended and the Government acceptance of the technical
quality of performance.
(3) It is further agreed that the Contractor may submit written request for
acceleration of the average hourly rate of effort that will result in the
utilization of the total man-hours set forth in each individual job order prior
to the expiration date of that job order. If such request is approved by the
Contracting Officer, the accelerated performance shall be without increase in
fee and the transaction formalized by Supplemental Agreement to that job order.
When such accelerated performance is desired by the Government, the agreement
negotiated shall be formalized by Supplemental Agreement to that job order.
(End of clause)
I.12 REFERENCED CLAUSES - WHEN APPLICABLE. The following clauses (when
applicable) are hereby incorporated by reference:
CLAUSE NO. TITLE
FAR CLAUSES
52.203-3 Gratuities (NOV 1990)
52.203-6 Restrictions on Subcontracting Sales to the Government (JUL 1995)
52.203-6 Restrictions on subcontracting Sales to the Government (JUL 1995)
Alternate I (OCT 1995)
52.203-12 Limitations on Payments to Influence Certain Federal Transactions
(JUN 1997)
52.204-2 Security Requirements (AUG 1996)
52.204-2 Security Requirements (AUG 1996) - Alternate I (APR 1984)
52.215-2 Audits and Records Negotiations (AUG 1996)
52.215-2 Audits and Records - Negotiations (AUG 1996) - Alternate II (JAN
1997)
52.215-2 Audits and Records - Negotiations (AUG 1996) - Alternate III (JAN
1997)
52.215-9 Changes or Additions to Make-or-Buy Program (OCT 1997)
52.215-9 Changes or Additions to Make-or-Buy Program (OCT 1997) -
Alternate I (OCT 1997)
52.215-9 Changes or Additions to Make-or-Buy Program (OCT 1997) -
Alternate II (OCT 1997)
52.215-10 Price Reduction for Defective Cost or Pricing Data (OCT 1997)
52.215-11 Price Reduction for Defective Cost or Pricing Data --
Modifications (OCT 1997)
52.215-12 Subcontractor Cost or Pricing Data (OCT 1997)
52.215-13 Subcontractor Cost or Pricing Data -- Modifications (OCT 1997)
52.215-14 Integrity of Unit Prices (OCT 1997)
52.215-14 Integrity of Unit Prices (OCT 1997) - Alternate I (OCT 1997)
52.215-15 Termination of Defined Benefit Pension Plans (OCT 1997)
52.215-17 Waiver of Facilities Capital Cost of Money (OCT 1997) 52.215-18
Reversion or Adjustment of Plans for Postretirement Benefits
(PRB) other Than Pensions (OCT 1997)
52.215-19 Notification of ownership Changes (OCT 1997)
52.216-7 Allowable Cost and Payment (FEB 1998)
52.216-7 Allowable Cost and Payment (FEB 1998) - Alternate I (APR 1984)
52.216-8 Fixed Fee (FEB 1997) (DEV)
52.216-11 Cost Contract - No Fee (APR 1984)
52.216-12 Cost Sharing Contract - No Fee (APR 1984)
52.216-15 Predetermined Indirect Cost Rates (FEB 1998)
52.217-8 Option to Extend services (AUG 1989)
52.219-9 Small, Small Disadvantaged and Women-Owned Small Business
Subcontracting Plan (AUG 1996)
52.219-9 Small, Small Disadvantaged and Women-Owned Small Business
Subcontracting Plan (AUG 1996) Alternate II (MAR 1996)
52.219-16 Liquidated Damages - subcontracting Plan (OCS 1995)
52.222-l Notice to the Government of Labor Disputes (FEB 1997)
52.222-3 Convict Labor (AUG 1996)
52.222-4 Contract Work Hours and Safety Standards Act Overtime
Compensation (JUL 1995)
52.222-26 Equal Opportunity (APR 1984)
52.222-28 Equal opportunity Pre-Award Clearance of Subcontracts (APR 1984)
52.222-35 Affirmative Action for Special Disabled and Vietnam Era Veterans
(APR 1984)
52.222-36 Affirmative Action for Handicapped Workers (APR 1984)
52.222-37 Employment Reports on Special Disabled Veterans and Veterans of
the Vietnam Era (JAN 1988)
52.222-50 Nondisplacement of Qualified Workers (AUG 1997)
52.223-2 Clean Air and Water (APR 1984)
52.223-3 Hazardous Material Identification and Material Safety Data (JAN
1997)
52.223-5 Pollution Prevention and Right-to-Know Information (NAR 1997)
52.223-6 Drug-Free Workplace (JAN 1997)
52.223-11 Ozone Depleting Substances (JUN 1996)
52.223-12 Refrigeration Equipment and Air Conditioners (MAY 1995)
52.226-1 Utilization of Indian Organizations and Indian-Owned Economic
Enterprises (SEP 1996)
52.227-1 Authorization and Consent (JUL 1995)
52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement
(AUG 1996)
52.227-3 Patent Indemnity (APR 1984)
52.227-10 Filing of Patent Applications-Classified Subject Natter (APR
1984)
52.227-11 Patient Rights - Retention by the Contractor (Short Form) (JUN
1997)
52.227-12 Patent Rights - Retention by the Contractor (Long Form) (JAN
1997)
52.228-5 Insurance - Work on a Government Installation (JAN 1997)
52.228-14 Irrevocable Letter of Credit (JUN 1996)
52.228-16 Performance and Payment Bonds - Other Than Construction(SEP 1996)
Page 17
52.228-16 Performance and Payment Bonds Other Than Construction (SEP 1996)
-Alternate I (SEP 1996)
52.229-4 Federal State and Local Taxes (Noncompetitive Contract) (JAN
1991)
52.229-5 Taxes - Contracts Performed in V 5 Possessions or Puerto Rico
(APR 1984)
52.229-6 Taxes - Foreign Fixed Price Contracts (JAN 1991)
52.230-2 Cost Accounting Standards (AUG 1992)
52.230-3 Disclosure and Consistency of Cost Accounting Practices (APR
1996)
52.230-4 Consistency in Cost Accounting Practices (AVG 1992)
52.230-5 Cost Accounting Standards - Educational Institution (APR 1996)
52.230-6 Administration of Cost Accounting Standards (APR 1996)
52.232-9 Limitation on Withholding of Payments (APR 1984)
52.232-20 Limitation of Cost (APR 1984)
52.232-22 Limitation of Funds (APR 1984)
52.232-25 Prompt Payment (JAN 1997)
52.233-l Disputes (OCT 1995)
52.233-l Disputes (OCT 1995) - Alternate I (DEC 1991)
52.237-2 Protection of Government Buildings Equipment and Vegetation (APR
1984)
52.237-3 Continuity of Services (JAN 1991)
52.242-3 Penalties for Allowable Costs (OCT 1995)
52.242-4 Certification of Indirect Costs (JAN 1997)
52.242-12 Report of shipment (REPSHIP) (JUL 1995)
52.243-l Changes - Fixed Price (AUG 1987)
52.243-l Changes - Fixed Price (AUG 1987) - Alternate I (APR 1984)
52.243-l Changes - Fixed Price (AUG 1987) - Alternate II (APR 1984)
52.243-1 Changes - Fixed Price (AUG 1987) - Alternate V (APR 1984)
52.243-2 Changes Cost-Reimbursement (AUG 1987)
52.243-2 Changes - Cost-Reimbursement (AUG 1987) - Alternate I (APR 1984)
52.243-2 Changes - Cost-Reimbursement (AUG 1987) - Alternate II (APR 1984)
52.243-6 Change Order Accounting (APR 1984)
52.244-l Subcontracts (Fixed Price Contracts) (OCT 1997)
52.244-1 subcontracts (Fixed Price Contracts) (OCT 1997) Alternate I (APR
1984)
52.244-2 Subcontracts Under Cost-Reimbursement and Letter Contracts (OCT
1997) - Alternate I (AUG 1996)
52.244-5 Competition in Subcontracting (DEC 1996)
52.244-6 Subcontracts for Commercial Items and Commercial Components (OCT
1995)
52.245-2 Government Property (Fixed-Price Contracts) (DEC 1989)
52.245-2 Government Property (Fixed Price Contracts) (DEC 1989) -
Alternate I (APR 1984)
52.245-4 Government-Furnished Property (short Form) (APR 1984)
52.245 5 Government Property (Cost-Reimbursement Time-and-Material or
Labor-Hour Contracts (JAN 1986)
52.245-5 Government Property (Cost Reimbursement Time-and Material or
Labor-Hour Contracts (JAN 1986) Alternate I (JUL 1985)
52.245-19 Government Property Furnished - As Is (APR 1984)
52.246-23 Limitation of Liability (FEB 1997)
52.246-25 Limitation of Liability - Services (FEB 1997)
52.247-1 Commercial Xxxx of Lading Notations (APR 19&4)
52.248-l Value Engineering (DEC) (MAR 1989)
52.249-1 Termination for Convenience of the Government (Fixed-Price)
(Short Form) (APR 1984)
52.249-2 Termination for Convenience of the Government (Fixed Price)(SEP
1996)
52.249-2 Termination for Convenience of the Government (Fixed Price)(SEP
1996) - Alternate II (SEP 1996)
52.249-4 Termination for Convenience of the Government (Services) (Short
Form) (APR 1984)
52.249-5 Termination for Convenience of the Government (Educational and
Other Non-Profit Institutions) (SEP 1996)
52.249-6 Termination (Cost-Reimbursement) (SEP 1996)
52.249-6 Termination (Cost-Reimbursement) (SEP 1996) Alternate IV (SEP
1996)
52.249-6 Termination (Cost-Reimbursement) (SEP 1996) - Alternate V (SEP
1996)
52.249-14 Excusable Delays (APR 1984)
52.251-l Government Supply Sources (APR 1984)
DFARS CLAUSES
252.201-7000 Contracting Officer's Representative (DEC 1991)
252.204-7000 Disclosure of Information (DEC 1991)
252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC
1991)
252.215-7000 Pricing Adjustments (DEC 1991)
252.215-7002 Cost Estimating System Requirements (DEC 1991)
252.219-7003 small Business and Small Disadvantaged Business
subcontracting Plan (DoD Contracts) (NOV 1995)
252.223-7005 Hazardous Waste Liability (OCT 1992)
252.223-7006 Prohibitions on storage and Disposal of Toxic and Hazardous
Materials (APR 1993)
252.225-7001 Buy American Act and Balance of Payments Program (JAN 1994)
252.225-7002 Qualifying Country Sources as Subcontractors (DEC 1991)
252.225-7005 Identification of Expenditures in the United States (DEC 1991)
252.225-7026 Reporting of Contract Performance Outside the United States (NOV
1995)
252.225-7036 North American Free Trade Agreement Implementation Act (JAN 1994)
252.225-7036 North American Free Trade Agreement Implementation Act (JAN 1994)
- Alternate I (MAY 1995)
252.225-7037 Duty-Free Entry - NAFTA Country End Products and Supplies (JAN
1997)
252.226-7000 Notice of Historically Black Colleges or Universities and
Minority Institution Set-asides (APR 1994)
252.227-7013 Rights in Technical Data - Noncommercial Items (NOV 1995)
252.227-7030 Technical Data - Withholding of Payments (OCT 1988)
252.232-7007 Limitation of Government's Obligation (AUG 1993)
252.232-7007 Limitation of Government's Obligation (AUG 1993) - Alternate I
(AUG 1993)
252.239-7000 Protection Against Compromising Emanations (DEC 1991)
252.244-7000 Subcontractors for Commercial Items and Commercial Components
(DoD Contracts) (FEB 1997)
Page 18
252.245-7001 Reports of Government Property (MAY 1994)
252.246-7000 Material Inspection and Receiving Report (DEC 1991)
252.251-7000 Ordering From Government Supply Sources (MAY 1995)
FULL TEXT CLAUSES - WHEN APPLICABLE. The following clauses (when applicable)
shall be incorporated in this contract
I.13 52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL l990)
(a) The use of overtime is authorized under this contract if the overtime
premium does not exceed __________ or the overtime premium is paid for work.
(l) Necessary to cope with emergencies such as those resulting from
accidents, natural disasters, breakdowns of production equipment, or occasional
production bottlenecks of a sporadic nature;
(2) By indirect-labor employees such as those performing duties in
connection with administration protection, transportation, maintenance, standby
plant protection, operation of utilities, or accounting;
(3) To perform tests, industrial processes, laboratory procedures,
loading or unloading of transportation conveyances, and op rations in flight or
afloat that are continuous in nature and cannot reasonably be interrupted or
completed otherwise; or
(4) That will result in lower overall costs to the Government.
(b) Any request for estimated overtime premiums that exceeds the amount
specified above shall include all estimated overtime for contract completion and
shall -
(1) Identify the work unit; e.g., department or section in which the
requested overtime will be used, together with present workload, staffing, and
other data of the affected unit sufficient to permit the Contracting officer to
evaluate the necessity for the overtime.
(2) Demonstrate the effect that denial of the request will have on the
contract delivery or performance schedule;
(3) Identify the extent to which approval of overtime would affect the
performance or payments in connection with other Government contracts, together
with identification of each affected contract; and
(4) Provide reasons why the required work cannot be performed by using
multishift operations or by employing additional personnel
(End of clause)
Page 19
PART IV - REPRESENTATIONS AND INSTRUCTIONS
SECTION K - REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF OFFERORS
Award of any contract to the offeror shall incorporate the following applicable
representations certifications and other statements of offerors by reference.
REPRESENTATIONS/CERTIFICATIONS (Check or complete all applicable blocks ( ) and
Blanks)
K.1 REFERENCED PROVISIONS. The following contract provisions are hereby
incorporated by reference.
CLAUSE NO. TITLE
FAR CLAUSES
52.203-11 Certification and Disclosure Regarding Payments to Influence
Certain Federal Transactions (APR 1991)
52.222-21 Certification of Nonsegregated Facilities (APR 1984)
DFARS CLAUSES
252.209-7001 Disclosure of Ownership or Control by the Government of a
Terrorist Country(SEP 1994)
252.209-7002 Disclosure of Ownership or Control by a Foreign Government
(SEP 1994)
252.227-7028 Technical Data or Computer Software Previously Delivered to
the Government (JUN 1995)
K.2 52 204-3 TAXPAYER IDENTIFICATION (JAN 1997)
(a) Definitions
"Common Parent," as used in the solicitation provision means that corporate
entity that owns or controls an affiliated group of corporations that files its
Federal income tax returns on a consolidated basis and of which the offeror is a
member
"Corporate status" as used in this solicitation provision means a
designation as to whether the offeror is a corporate entity (e.g., sole
proprietorship or partnership) or a corporation providing medical and health
care services
"Taxpayer Identification Number (TIN)" as used in this solicitation
provision means the number required by the IRS to be used by the offeror in
reporting income tax and other returns
(b) All offerors are required to submit the information required in
paragraphs (c) through (e) of this solicitation provision in order to comply
with reporting requirements of 26 U.S.C. 6041.6041A and 6050M and implementing
regulations issued by the Internal Revenue Service (IRS). If the resulting
contract is subject to reporting requirements described in 4 903, the failure or
refusal by the offeror to furnish the information may result in a 31 percent
reduction of payments otherwise due under the contract.
(c) Taxpayer Identification Number (TIN)
( ) TIN: 00-000-0000
( ) TIN has been applied for.
( ) TIN is not required because:
( ) Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the conduct of
trade or business in the U S and does not have an office or place of business or
a fiscal paying agent in the U.S.
( ) Offeror is an agency or instrumentality of a foreign government.
( ) Offeror is an agency or instrumentality of a Federal state or
local government.
( ) Other State basis.
(d) Corporate Status
( ) Corporation providing medical and health care services or engaged
in the billing and collecting of payments for such services.
(X) Other corporate entity.
( ) Not a corporate entity.
( ) Sole proprietorship.
( ) Partnership.
( ) Hospital or extended care facility described in 26 CFR 501(c)(3)
that is exempt from taxation under 26 CFR 501(a).
(e) Common Parent:
( ) Offeror is not owned or controlled by a common parent as defined
in paragraph (a) of this provision.
( ) Name and TIN of common parent.
NAME
TIN
(End of provision)
K.3 52.204-5 WOMEN-OWNED BUSINESS (OCT 1995)
Page 20
(a) Representation. The offeror represents that it ( ) is (X) is not a
women-owned business concern.
(b) Definitions
Women-owned business concern as used in this provision means a
business that is at least 51 percent owned by one or more women or in the case
of nay publicly owned business, at least 51 percent of the stock of which is
owned by one or more women and whose management and daily business operations
are controlled by one or more women.
(End of provision)
K.4 52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT,
AND OTHER RESPONSIBILITY MATTERS (MAR 1996)
(a) (1) The Offeror certifies to the best of its knowledge and belief
that --
(i) The Offeror and/or any of its Principals -
(A) Are ( ) are not (X) presently debarred suspended proposed for
debarment or declared ineligible for the award of contracts by any Federal
agency.
(B) Have ( ) have not (K), within a 3 year period preceding this
offer, been convicted of or had a civil judgement rendered against them for
commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal state or local) contract
or subcontract; violation of Federal or state antitrust statutes relating to the
submission of offers; or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, tax evasion or
receiving stolen property; and
(C) Are ( ) are not (X) presently indicted for or otherwise
criminally or civilly charged by government entity with commission of any of the
offenses enumerated in subdivision (a)(1)(i)(B) of this provision.
(ii) The offeror has (X) has not ( ) within a 3-year period preceding
this offer had one or more contracts terminated for default by any Federal
Agency.
(2) "Principals", for the purposes of this certification, means; officers;
directors; owners; partners; and persons having primary management or
supervisory responsibilities within a business entity (e.g., general manager;
plant manager; head of a subsidiary, division, or business segment and similar
positions).
This certification concerns a matter within the jurisdiction of an agency
of the United States and the making of a false fictitious or fraudulent
certification may render the maker subject to prosecution under Section 1001
Title 18 United States Code.
(b) The Offeror shall provide immediate written notice to the Contracting
officer if, at any time prior to contract award, the Offeror learns that its
certification was erroneous when submitted or has become erroneous by reason of
changed circumstances.
(c) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award under
this solicitation. However, the certification will be considered in connection
with a determination of the Offeror's responsibility. Failure of the offeror to
furnish a certification or provide such additional information as requested by
the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render in good faith the
certification required by paragraph (a) of this provision The knowledge and
information of an offeror is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed when making award. If it
is later determined that the offeror knowingly rendered an erroneous
certification in addition to other remedies available to the Government, the
Contracting Officer may terminate the contract resulting from this solicitation
for default.
(End of provision)
K.5 52.215-4 Type of Business Organization (OCT 1997)
The offeror or respondent by checking the applicable box represents that --
(a) It operates ( ) an individual, ( ) a partnership, ( ) a nonprofit
organization, ( ) a joint venture, or (XX) a corporation incorporated under the
laws of the State of California.
(b) If the offeror or respondent is a foreign entity, it operates as ( )
an individual, ( ) a partnership, ( ) a nonprofit organization, ( ) a joint
venture, or { ) a corporation registered for business in (country)
(End of provision)
K.6 52.215-6 Place of Performance (OCT 1997)
Page 21
(a) The offeror or respondent, in the performance of any contract resulting
from this solicitation, ( ) intends, ( ) does not intend (check applicable
block) to use one or more plants or facilities located at a different address
from the address of the offeror or respondent as indicated in this proposal or
response to request for information.
(b) If the offeror or respondent checks "intends" in paragraph (a) of this
provision, it shall insert in the following spaces the required information:
Place of performance (xxxxxx xxxxxxx, xxxx, xxxxx, county, zip code
0000 Xxxxxxxx Xxxx #000
Xxxxxx, XX 00000
Name and address of owner and operator of the plant or facility if other than
offeror or respondent.
(End of provision)
K.7 52.21577 Annual Representations and Certifications -- Negotiation (OCT
1997)
The offeror has [check the appropriate block]:
( ) (a) Submitted to the contracting office issuing this
solicitation, annual representations and certifications dated [insert date of
signature on submission] that are incorporated herein by reference, and are
current, accurate, and complete as of the date of this proposal, except as
follows [insert changes that affect only this proposal; if "none," so state]:
( ) (b) Enclosed its annual representations and certifications.
(End of provision)
K.8 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION (JAN 1997)
(a) (1) The standard industrial classification (SIC) code for this
acquisition is ______.
(2) The small business size standard is _____.
(3) The small business size standard for a concern which submits an
offer in its own name other than on a construction or service contract, but
which proposes to furnish a product which it did not itself manufacture, is 500
employees.
(b) Representation.
(1) The offeror represents as part of its offer that it (X) is, ( )
is not a small business concern.
(2) (complete only if offeror represented itself as a small business
concern in block (b) (1) of this section.) The offeror represents as part of its
offer that it ( ) is, (X) is not a women-owned small business concern.
(c) Definition
Joint venture, for purposes of a small disadvantaged business (SDB)
set-aside or price evaluation preference (as prescribed at 13 CFR 124 321), is a
concern that is owned and controlled by one or more socially and economically
disadvantaged individuals entering into a joint venture agreement with one or
more business concerns and is considered to be affiliated for size purposes with
such other concern(s). The combined annual receipts or employees of the concerns
entering into the joint venture must meet the applicable size standard
corresponding to the SIC code designated for the contract. The majority of the
venture's earnings must accrue directly to the socially and economically
disadvantaged individuals in the SDB concern(s) in the joint venture. The
percentage of the ownership involvement in a joint venture by disadvantaged
individuals must be at least 51 percent.
Small business concern, as used in this provision, means a concern,
including its affiliates, that is independently owned and operated, not dominant
in the field of operation in which it is bidding on Government contracts, and
qualified as a small business under the criteria in 13 CPR Part 121 and the size
standard in paragraph (a) of this provision.
Small disadvantaged business concern, as used in this provision, means a
small business concern, that (1) is at least 51 percent unconditionally owned by
one or more individuals who are socially and economically disadvantaged, or a
publicly owned business, at least 51 percent of its stock unconditionally owned
by one or more socially and economically disadvantaged individuals; and (2) has
its management and daily business controlled by one or more such individuals.
This term also means a small business concern that is at least 51 percent
unconditionally owned by an economically disadvantaged Indian tribe or Native
Hawaiian Organization, or a publicly owned business having at least 51 percent
of its stock unconditionally owned by one or more of these entities, which has
its management and daily business controlled by members of an economically
disadvantaged Indian tribe or Native Hawaiian Organization and which meets the
requirements of 13 CFR 124.
Women-owned small business concern as used in this provision means a small
business concern -
(l) Which is at least 51 percent owned by one or more women or, in the case
of any publicly owned business, at least 51 percent of the stock of which is
owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or
more women.
Page 22
(d) Notice
(1) If this solicitation is for supplies and has been set aside in
whole or in part for small business concerns, then the clause in this
solicitation providing notice of the set-aside contains restrictions on the
source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a firm's
status as a small or small disadvantaged business concern in order to obtain a
contract to be awarded under the preference programs established pursuant to
sections 8(a), 8(d), 9 or 15 of the Small Business Act, or any other provision
of Federal law that specifically references section 8(d) for a definition of
program eligibility, shall
(i) Be punished by imposition of a fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including suspension
and debarment; and
(iii) Be ineligible for participation in programs conducted
under the authority of the Act.
(End of provision)
K.9 52.219-2 EQUAL LOW BIDS (OCT 1995))
(a) This provision applies to small business concerns only.
(b) The bidder's status as a labor surplus area (LSA) concerns may affect
entitlement to award in case of tie bids. If the bidder wishes to be considered
for this priority, the bidder must identify, in the following space, the LSA in
which the costs to be incurred on account of manufacturing or production (by the
bidder or the first-tier subcontractors} amount to more than 50 percent of the
contract price.
_____________________________________
_____________________________________
(c) Failure to identify the labor surplus areas as specified in paragraph
(b) of this provision will preclude the bidder from receiving priority
consideration. If the bidder is awarded a contract as a result of receiving
priority consideration under this provision and would not have otherwise
received award, the bidder shall perform the contract or cause the contract to
be performed in accordance with the obligations of an LSA concern.
(End of provision)
K.10 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR 1984)
The offeror represents that -
(a) It (X) has, ( ) has not participated in a previous contract or
subcontract subject either to the Equal Opportunity clause of this solicitation
the clause originally contained in Section 310 of Executive Order No 10925 or
the clause contained in Section 201 of Executive order No 11114;
(b) It (X) has, ( ) has not filed all required compliance reports; and
(c) Representations indicating submission of required compliance reports
signed by proposed subcontractors will be obtained before subcontract awards.
(End of provision)
K.11 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)
The offeror represents that (a) it (X) has developed and has on file, ( )
has not developed and does not have on file at each establishment affirmative
action programs required by the rules and regulations of the Secretary of Labor
(41 XXX 00 0 xxx 00 0), xx (x) it ( ) has not previously had contracts subject
to the written affirmative action programs requirement of the rules and
regulations of the Secretary of Labor.
(End of provision)
K.12 52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984)
The Offeror certifies that -
(a) Any facility to be used in the performance of this proposed contract
( ) is, (X) is not listed on the Environmental Protection Agency (EPA) List of
Violating Facilities;
(b) The Offeror will immediately notify the Contracting Officer, before
award of the receipt of any communication from the Administrator, or a designee,
of the EPA, indicating that any facility that the Offeror proposes to use for
the performance of the contract is under consideration to be listed on the EPA
List of Violating Facilities; and
(c) The offeror will include a certification substantially the same as
this certification including this paragraph (c) in every nonexempt subcontract.
(End of provision)
E.13 52.226-2 HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY INSTITUTION
REPRESENTATION (MAY 1997)
Page 23
(a) Definitions. As used in this provision --
"Historically Black College or University" means an institution
determined by the Secretary of Education to m et the requirements of 34 CFR 608-
2. For the Department of Defense, the National Aeronautics and Space
Administration, and the Coast Guard, the term also includes any nonprofit
research institution that was an integral part of such a college or university
before November 14, 1986.
"Minority Institution" means an institution of higher education
meeting the requirements of Section 1046(3) of the Higher Education Act of 1965
(20 U.S.C. 1135d-5(3)) which, for the purpose of this provision, a Hispanic-
serving institution of higher education as defined in section 316(b)(1) of the
Act (20 U.S.C. 1059c(b)(1)).
(b) Representation. The offeror represents that it --
( ) is,(X) is not a Historically Black College or University;
( ) is (X) is not a Minority Institution.
(End of provision)
K.14 52.227-6 ROYALTY INFORMATION (APR 1984)
(a) Cost or charges for royalties. When the response to this solicitation
contains costs or charges for royalties totaling more than $250, the following
information shall be included in the response relating to each separate item of
royalty or license fee.
(1) Name and address of licensor.
(2) Date of license agreement.
(3) Patent numbers patent application serial numbers or other basis
on which royalty is payable.
(4) Brief description including any part or model numbers of each
contract item or component on which the royalty is payable.
(5) Percentage or dollar item of component on which royalty is
payable.
(6) Unit price of contract item.
(7) Number of units.
(8) Total dollar amount of royalties.
(b) Copies of current licenses. In addition if specifically requested by
the Contracting Officer before execution of the contract, the offeror shall
furnish a copy of the current license agreement and identification of applicable
claims of specific patents -
(End of provision)
K.15 52-227-7 PATENTS-NOTICE OF GOVERNMENT LICENSEE (APR 1984)
The Government is obligated to pay a royalty application to the proposed
acquisition because of a license agreement between the Government and the patent
owner. The patent number is _____. If the offeror is the owner of or a license
under the patent, indicate below
( ) Owner
( ) Licensee
If an offeror does not indicate that it is the owner or a licensee of the
patent its offer will be evaluated by adding thereto an amount equal to the
royalty
(End of provision)
K.16 52.230.l COST AND ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (APR
1996)
Note: This notice does not apply to small businesses or foreign
governments. This notice is in three parts identified by Roman numerals I
through III.
Offerors shall examine each part and provide the requested information in
order to determine Cost Accounting Standards (CAS) requirements applicable to
any resultant contract.
If the offeror is an educational institution, Part II does not apply unless
the contemplated contract will be subject to full or modified CAS coverage
pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6), respectively.
I. DISCLOSURE STATEMENT - COST ACCOUNTING PRACTICES AND CERTIFICATION
(a) Any contract in excess of $500 000 resulting from this solicitation,
except contracts in which the price negotiated is based on (1) established
catalog or market prices of commercial items sold in substantial quantities to
the general public, or (2) prices set by law or regulation will be subject to
the requirements of the Cost Accounting Standards Board (48 CFR Chapter 99)
except for those contracts which are exempt as specified in 48 CFR 9903.201-l.
(b) Any offeror submitting a proposal which, if accepted, will result in a
contract subject to the requirements of 48 CFR Chapter 99 must, as a condition
of contracting, submit a Disclosure Statement as required by 48 CFR 9903.202.
The Disclosure Statement must be submitted as a part of the offeror's proposal
under this solicitation unless the offeror has already submitted a Disclosure
statement disclosing the practices used in connection with the pricing of this
proposal. If an applicable Disclosure Statement has already been submitted, the
offeror may satisfy the requirement for submission by providing the information
requested in paragraph (c) of Part I of this provision.
CAUTION: In the absence of specific regulations or agreement, a
practice disclosed in a Disclosure Statement shall not, by virtue of such
disclosure, be deemed to be a proper approved or agreed-to practice for
Page 24
pricing proposals or accumulating and reporting contract performance cost data.
(c) Check the appropriate box below
( ) (1) certificate of Concurrent Submission of Disclosure Statement.
The offeror hereby certifies that, as a part of the offer, copies of the
Disclosure Statement have been submitted as follows: (i) Original and one copy
to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal
agency official authorized to act in that capacity (Federal official), as
applicable, and (ii) one copy to the cognizant Federal auditor.
(Disclosure must be on Form No. CASB DS-l or CASB DS-2. Forms may be
obtained from the cognizant ACO or Federal official and/or from the loose-leaf
version of the Federal Acquisition Regulation).
Date of Disclosure Statement:
Name and Address of Cognizant ACO or Federal Official where filed:
The offeror further certifies that practices used in estimating costs in
pricing this proposal are consistent with the cost accounting practices
disclosed in the Disclosure Statement.
( ) (2) certificate of Previously Submitted Disclosure Statement.
The offeror hereby certifies that Disclosure statement war filed as
follows:
Date of Disclosure Statement:
Name and Address of Cognizant ACO or Federal Official where filed:
The offeror further certifies that the practices used in estimating costs
in pricing this proposal are consistent with the cost accounting practices
disclosed in the applicable Disclosure Statement.
( ) (3) Certificate of Monetary Exemption.
The offeror hereby certifies that the offeror, together with all divisions,
subsidiaries, and affiliates under common control, did not receive net awards of
negotiated prime contracts and subcontracts subject to CAS totaling more than
$25 million (of which at least one award exceeded $1 million) in the cost
accounting period immediately preceding the period in which this proposal was
submitted. The offeror further certifies that if such status changes before an
award resulting from this proposal, the offeror will advise the Contracting
officer immediately.
( ) (4) Certificate of Interim Exemption
The offeror hereby certifies that (i) the offeror first exceeded the
monetary exemption for disclosures defined in (3) of this subsection in the cost
accounting period immediately preceding the period in which this offer was
submitted, and (ii) in accordance with 48 CFR 9903 202-1, the offeror is not yet
required to submit a Disclosure Statement. The offeror further certifies that
if an award resulting from this proposal has not been made within 90 days after
the end of that period, the offeror will immediately submit a revised
certificate to the Contracting officer in the form specified under subparagraph
(c)(l) or (c)(2) of Part I of this provision as appropriate to verify submission
of a completed Disclosure Statement.
CAUTION: Offerors currently required to disclose because they were awarded
a CAS-covered prime contract or subcontract of $25 million or more in the
current cost accounting period may not claim this exemption (4). Further, the
exemption applies only in connection with proposals submitted before expiration
of the 90-day period following the cost accounting period in which the monetary
exemption was exceeded.
II. COST ACCOUNTING STANDARDS - ELIGIBILITY FOR MODIFIED CONTRACT
COVERAGE.
If the offeror is eligible to use the modified provisions of 48 CFR 9903
201 2(b) and elects to do so, the offeror shall indicate by checking the box
below. Checking the box below shall mean that the resultant contract is subject
to the Disclosure and Consistency of Cost Accounting Practices clause in lieu of
the Cost Accounting Standards clause.
The Offeror hereby claims an exemption from the Cost Accounting Standards
clause under the provisions of 48 CFR 9903 201-2(b) and certifies that the
offeror is eligible for use of the Disclosure and Consistency of Cost Accounting
Practices clause because during the cost accounting period in which this
proposal was submitted, the offeror received less then $25 million in awards of
CAS-covered prime contracts and subcontracts, or the offeror did not receive a
single CAS-covered award exceeding $1 million. The offeror further certifies
that if such status changes before an award resulting from this proposal the
offeror will advise the Contracting officer immediately.
CAUTION: An offeror may not claim the above eligibility for modified
contract coverage if this proposal is expected to result in the award of a CAS-
covered contract of $25 million or more if, during its current cost accounting
period, the offeror has been awarded a single CAS-covered prime contract or
subcontract of $25
Page 25
million or more.
III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING CONTRACTS
The offeror shall indicate below whether award of the contemplated contract
would, in accordance with paragraph (a) (3) of the Cost Accounting Standards
clause, require a change in established cost accounting practices affecting
existing contracts and subcontracts.
( ) YES ( ) NO
(End of provision)
K.17 252.219-7000 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (DOD
CONTRACTS) (JUN 1997)
(a) Definition.
"Small disadvantaged business concern", as used in this provision, means a
small business concern, owned and controlled by individuals who are both
socially and economically disadvantaged, as defined by the Small Business
Administration at 13 CFR Part 124, the majority of earnings of which directly
accrue to such individuals. This term also means a small business concern owned
and controlled by an economically disadvantaged Indian tribe or Native Hawaiian
organization which meets the requirements of 13 CFR 124, 112 or 00 XXX 000, 000,
respectively. In general, 13 CFR 124 describes a small disadvantaged business
concern as a small business concern -
(1) Which is at least 51 percent unconditionally owned by one more socially
and economically disadvantaged individuals; or
(2) In the case of any publicly owned business, at least 51 percent of the
voting stock is unconditionally owned by one or more socially and economically
disadvantaged individuals; and
(3) Whose management and daily business operations are controlled by one or
more such individuals.
(b) Representations
Check the category in which your ownership falls:
X Subcontinent Asian (Asian-Indian) American (U.S. Citizen with origins from
---
India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal)
___ Asian-Pacific American (U.S. Citizen with origins from Japan, China, the
Philippines Vietnam, Korea, Samoa, Guam, U.S. Trust Territory of the Pacific
Islands (Republic of Palau), the Northern Mariana Islands, Laos, Kampuchea
(Cambodia), Taiwan, Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei,
Republic of the Xxxxxxxx Islands, the Federated States of Micronesia, Macao,
Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru)
___ Black American (U.S. Citizen)
___ Hispanic American (U.S. citizen with origins from South America, Central
America, Mexico, Cuba, the Dominican Republic, Puerto Rico, Spain or Portugal)
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians,
including Indian tribes or Native Hawaiian organizations)
___ Individual/concern, other than one of the preceding, currently certified
for participation in the Minority Small Business and Capital Ownership
Development Program under Section 8 (a) of the Small Business Act
___ Other
(c) Complete the following
(1) The offeror is X is not ___ a small disadvantaged business
-----
concern.
(2) The small Business Administration (SBA) has X has not made a
determination concerning the offeror's status as a small disadvantaged business
concern. If the SBA has made a determination, the date of the determination was
_________ and the offeror -
X Was found by SBA to be socially and economically disadvantaged and
-----
circumstances have changed to vary that determination.
___ Was found by SBA not to be socially and economically disadvantaged but
circumstances which caused the determination have changed.
(d) Penalties and Remedies
Anyone who misrepresents the status of a concern as a small
disadvantaged business for the purpose of securing a contract or subcontract
shall -
(l) Be punished by imposition of a fine, imprisonment or both;
(2) Be subject to administrative rem dies including suspension and
debarment; and
(3) Be ineligible for participation in programs conducted under authority
of the small Business Act
(End of provision)
Page 26
K.18 252.225-7000 BUY AMERICAN ACT - BALANCE OF PAYMENTS PROGRAM CERTIFICATE
(DEC 1991)
(a) Definitions.
"Domestic end products", "qualifying country", "qualifying country end
product" and "nonqualifying country end product" have the meanings given in the
Buy American Act and Balance of Payments Program clause of this solicitation.
(b) Evaluation.
Offers will be evaluated by giving preference to domestic end products and
qualifying country end products over nonqualifying and products.
(c) Certifications
(1) The Offeror certified that -
(i) Each end product, except the end products listed in
paragraph (c)(2) or (3) of this clause is a domestic end product; and
(ii) Components of unknown origin have been considered to have
been mined produced or manufactured outside the United States or a qualifying
country.
(2) The Offeror certifies that the following end products are
qualifying country end products.
Qualifying Country End Products
Line Item No. Country of origin
___________________ _______________________________
___________________ _______________________________
___________________ _______________________________
(List only qualifying country end products.)
(3) The Offeror certifies that the following end products are
nonqualifying country end products:
Nonqualifying Country End Products
Line Item No. Country of Origin (If known)
___________________ _______________________________
___________________ _______________________________
___________________ _______________________________
(End of provision)
K.19 252.225-7003 INFORMATION FOR DUTY-FREE ENTRY EVALUATION (AUG 1992)
(a) Is the offer based upon furnishing any supplies (i.e., end items,
components or material) of foreign origin other than those for which duty-free
entry is to be accorded pursuant to Duty-Free Qualifying Country End Products
and Supplies clause of this solicitation?
Yes ( ) No ( )
(b) If the answer in paragraph (a) is yes, answer the following questions:
(l) Are such foreign supplies now in the United States?
Yes ( ) No ( )
(2) Has the duty on such foreign supplies been paid?
Yes ( ) No ( )
(3) If the answer to paragraph (b)(2) is no, what amount is included in
the offer to cover such duty? $ ________
(c) If the duty has not been paid, the Government may elect to make award
on a duty-free basis. If so, the offered price will be reduced in the contract
award by the amount specified in paragraph (b)(3). The Offeror agrees to
identify at the request of the Contracting Officer, the foreign supplies which
are subject to such duty-free entry
(d) Offers will be valuated on a duty included basis except to the extent
that -
(l) The supplies are qualifying country end products as defined in
either the Buy American Act and Balance of Payments Program clause of this
solicitation; or
(2) The duty-free price is specified for use in the evaluation
procedure
(End of provision)
Page 27
K.20 252.225-7006 BUY AMERICAN ACT - TRADE AGREEMENTS ACT - BALANCE OF
PAYMENTS PROGRAM CERTIFICATE (JUN 1997)
(a) Definitions
"Caribbean Basin country end product", "designated country end product",
"domestic end product", "NAFTA country end product", "nondesignated country end
product", "qualifying country end product", and "U.S. made end product" have the
meanings given in the Trade Agreements and the Buy American Act and Balance of
Payments Program clauses of this solicitation.
(b) Evaluation
Offers will be evaluated in accordance with the policies and procedures of
Part 225 of the Defense Federal Acquisition Regulation Supplement. Offers of
foreign end products that are not U.S. made, qualifying country, designated
country, Caribbean Basin country, or NAFTA country end products will not be
considered for award unless the Contracting officer determines that there are no
offers of such end products; or the offers of such end products are insufficient
to fulfill the requirements; or a national interest exception to the Trade
Agreements Act is granted.
(c) Certifications
(l) The Offeror certifies that -
(i) Each end product, except the end products listed in
paragraph (c)(2) of this provision, is a domestic end product (as defined in the
Buy American Act and Balance of Payments Program clause of this solicitation);
and
(ii) Components of unknown origin are considered to have been
mined, produced, or manufactured outside the United States or a qualifying
country.
(2) The Offeror must identify and certify all end products that are
not domestic end products.
(i) The Offeror certifies that the following supplies qualify as
U.S. made end products but do not meet the definition of "domestic end product":
______________________
(Insert line item no )
(ii) The offeror certifies that the following supplies are
qualify country end products:
______________________ __________________________
(Insert line item no ) (Insert country of origin)
(iii) The Offeror certifies that the following supplies qualify
as designated country end products:
______________________ __________________________
(Insert line item no.) (Insert country of origin)
(iv) The Offeror certifies that the following supplies qualify
as Caribbean Basin country end products:
______________________ __________________________
(Insert line item no.) (Insert country of origin)
(v) The Offeror certifies that the following supplies qualify
as NAFTA country end products:
______________________ __________________________
(Insert line item no.) (Insert country of origin)
(vi) The Offeror certifies that the following supplies are other
nondesignated country end products:
______________________ __________________________
(Insert line item no.) (Insert country of origin)
(End of provision)
K.21 252.225-7018 NOTICE OF PROHIBITION OF CERTAIN CONTRACTS WITH FOREIGN
ENTITIES FOR THE CONDUCT OF BALLISTIC MISSILE DEFENSE RDT&E (JAN 1997)
(a) Definitions
(l) "Competent" means the ability of an offeror to satisfy the
requirements of the solicitation. This determination is based on a comprehensive
assessment of each offeror's proposal including consideration of the specific
areas of evaluation criteria in the relative order of importance described in
the solicitation.
(2) "Foreign firm" means a business entity owned or controlled by one
or more foreign nationals or a business entity in which more than 50 percent of
the stock is owned or controlled by one or more foreign nationals.
(3) "United States firm" means a business entity other than a foreign
firm.
(b) This provision implements Section 222 of the Defense Authorization Act
of FYs 1988 and 1989 (Public Law 100-180) which prohibits the award of certain
contracts for the conduct of Ballistic Missile Defense (BMD)
Page 28
Program research, development, test or evaluation (RDT&E), to foreign
governments or firms.
(c) Except as provided for in paragraph (d) of this provision, any funds
appropriated to, or for the use of DoD may not be used to enter into or carry
out any contract, including any contract awarded as a result of a broad agency
announcement (BAA), with a foreign government, or firm if the contract provides
for the conduct of RDT&E in connection with the BMD. Foreign governments and
firms, however, are encouraged to submit offers since this provision is not
intended to restrict BMD access to unique foreign expertise when contract
performance requires a level of competency unavailable in the United States.
(d) The prohibition does not apply to a foreign government or firm if:
(l) The contract is to be performed within the United States or
(2) The contract is exclusively for RDTE in connection with
antitactical ballistic missile systems.
(3) The foreign government or firm agrees to share a substantial
portion of the total contract cost. The foreign share may be considered
substantial where it is equitable with respect to the relative benefits to be
derived from the contract by the U.S. and the foreign parties. For example, if
the contract is more beneficial to the foreign party, its share of the costs
should be correspondingly higher; or
(4) The U.S. Government determines that the contract cannot be
competently performed by a United States firm at a price equal to or less than
the price at which the RDTE can be performed by a foreign government or firm.
(e) The Offeror (X) is ( ) is not a U S firm.
(End of provision)
R.22 252.225-7035 BUY AMERICAN ACT NORTH AMERICAN FREE TRADE AGREEMENT
IMPLEMENTATION ACT - BALANCE OF PAYMENTS PROGRAM CERTIFICATE (MAY 1995)
(a) Definitions
"Domestic end products", "qualifying country end product" and "U.S.
made end product" have the meanings given in the North American Free Trade
Agreement Implementation Act or Buy American Act and Balance of Payments Program
clauses of this solicitation.
(b) Evaluation
Page 28
Program research, development, test or evaluation (RDT&E), to foreign
governments or firms.
(c) Except as provided for in paragraph (d) of this provision, any funds
appropriated to, or for the use of DoD may not be used to enter into or carry
out any contract, including any contract awarded as a result of a broad agency
announcement (BAA), with a foreign government, or firm if the contract provides
for the conduct of RDT&E in connection with the BMD. Foreign governments and
firms, however, are encouraged to submit offers since this provision is not
intended to restrict BMD access to unique foreign expertise when contract
performance requires a level of competency unavailable in the United States.
(d) The prohibition does not apply to a foreign government or firm if:
(l) The contract is to be performed within the United States or
(2) The contract is exclusively for RDTE in connection with
antitactical ballistic missile systems.
(3) The foreign government or firm agrees to share a substantial
portion of the total contract cost. The foreign share may be considered
substantial where it is equitable with respect to the relative benefits to be
derived from the contract by the U.S. and the foreign parties. For example, if
the contract is more beneficial to the foreign party, its share of the costs
should be correspondingly higher; or
(4) The U.S. Government determines that the contract cannot be
competently performed by a United States firm at a price equal to or less than
the price at which the RDTE can be performed by a foreign government or firm.
(e) The Offeror (X) is ( ) is not a U S firm.
(End of provision)
R.22 252.225-7035 BUY AMERICAN ACT NORTH AMERICAN FREE TRADE AGREEMENT
IMPLEMENTATION ACT - BALANCE OF PAYMENTS PROGRAM CERTIFICATE (MAY 1995)
(a) Definitions
"Domestic end products", "qualifying country end product" and "U.S.
made end product" have the meanings given in the North American Free Trade
Agreement Implementation Act or Buy American Act and Balance of Payments Program
clauses of this solicitation.
(b) Evaluation
Offers will be evaluated by giving preference to U.S. made end products,
qualifying country end products, or NAFTA country end products over other end
products.
(c) Certifications
(1) The Offeror certified that -
(i) Each end product, except the end products listed in
paragraph (c)(2) of this clause, is a domestic end product (as defined in the
Buy American Act and Balance of Payments Program clause of this solicitation);
and
(ii) Components of unknown origin are considered to have been
mined produced or manufactured outside the United States or a qualifying
country.
(2) The Offeror must identify all end products that are not domestic
end products.
(i) The Offeror certifies that the following supplies qualify
as U.S. made end products but do not meet the definition of domestic end
product:
(insert line item number)
(ii) The Offeror certifies that the following supplies are
qualifying country end products
(insert line item number) (insert country of origin)
(iii) The Offeror certifies that the following supplies qualify
as NAFTA country end products:
(insert line item number) (insert country of origin)
(iv) The Offeror certifies that the following supplies are other
non NAFTA country end products:
(insert line item number) (insert country of origin)
(End of provision)
K.23 252.226-7001 HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY
INSTITUTION STATUS (JAN 1997)
(a) Definitions. Historically black colleges and universities as used in
this provision means institutions determined by the Secretary of Education to
meet the requirements of 34 CFR 608-2. The term also means any nonprofit
research institution that was an integral part of such a college or university
before November 14, 1986.
Minority institutions, as used in this provision, institutions meeting the
requirements of section 1046(3) of the Higher Education Act of 1965 (20 U.S.C.
1135d-5(3)). The term also includes Hispanic-serving institutions as defined in
section 316(b)(l) of such Act (20 U.S.C. 1059c(b)(l)).
(b) Status
Page 29
If applicable, the offeror shall check the appropriate space below
____ A historically black college or university
____ A minority institution
(End of provision)
K.24 252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)
(a) The Offeror shall indicate by checking the appropriate blank in
paragraph (b) of this provision whether transportation of supplies by sea is
anticipated under the resultant contract. The term "supplies" is defined in the
Transportation of Supplies by Sea clause of this solicitation.
(b) Representation.
The Offeror represents that it --
_____ Does anticipate that supplies will be transported by sea in the
performance of any contract or subcontract resulting from this solicitation.
_____ Does not anticipate that supplies will be transported by sea in
the performance of any contract or subcontract resulting from this solicitation.
(c) Any contract resulting from this solicitation will include the
Transportation of Supplies by Sea clause. If the offeror represents that it will
not use ocean transportation, the resulting contract will also include the
Defense FAR supplement clause at 000 000-0000, Notification of Transportation of
Supplies by Sea.
(End of provision)
K.25 352.204-9004 CERTIFICATION OF NON-FOREIGN AFFILIATION (JUL 1993)
1. Does the offeror hold an active DoD Facility security Clearance (FSC)?
Yes X, No
2. If a DISTRICT DIRECTOR Form 254, DoD Contract Security Classification
Specification, is attached to this solicitation package, the None Foreign
Affiliation certification below need not be completed. If a DISTRICT DIRECTOR
Form 254 is not attached, complete the following certification.
3. CERTIFICATION
(a) Do foreign interests own or have a controlling interest in the
offeror's organization's securities? Yes ___, No X .
---
If yes explain:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
(b) Do non-U.S. citizens hold executive positions with the Offeror?
Yes ____, No X .
---
If yes, please identify below:
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
_____________________________________________________________________________
(c) Will non-U.S. citizens be required to work on any resultant contract?
Yes ___, No X . Should the offeror intend to use any non-U.S. citizens on
---
any resulting contract, their names and their last country of citizenship must
be included below:
NOTICE: This Agency may prohibit non-U.S. citizens from all or certain aspects
of the work to be performed under any resulting contract. The fact that the
Offeror intends the use of non-U.S. citizens on any resulting contract will not
necessarily disqualify the company from consideration, nor may the non-U.S.
citizens finally
Page 30
be prohibited from working on some or all aspects of any resultant contract.
4. Have the certification responses to section 3 above changed since the
last submission to the Maryland Procurement Office? Yes ___ No X Not
---
Applicable
(End of provision)
K.26 352.209-9000 FINANCIAL RESOURCES (OCT 1993)
(a) If the offeror has not furnished this agency with a copy of its most
current certified Balance Sheet and Profit and Loss Statement (within six months
from the date of submission of its proposal), such financial data must be
furnished with the proposal in order to evaluate financial responsibility. Where
financial data, as indicated above, have been furnished, the offeror will
indicate by checking below that information previously furnished reflects the
current position of the company. The failure of any offeror to furnish such
evidence may be deemed by the Contracting Officer to be sufficient grounds to
determine that the offeror does not have adequate financial resources to perform
the contract or the ability to obtain them.
(b) The offeror represents that the financial data previously furnished
reflect the current financial condition of the company (Date submitted _________
with RFP No. _________.)
( ) Certified Balance Sheet and Profit and Loss statement attached.
( ) Evidence attached of ability to obtain necessary financial resources.
(End of provision)
K.27 352.215-9003 CONTRACTOR'S SIGNATURE (APR 1989)
(a) Contracts with individuals. A contract with an individual shall be
signed by the individual in his/her own name. A contract with an individual
doing business as a firm shall be signed by the individual and will ordinarily
take the following form.
_____________________ (Signature)
XXXX XXX
XXXX XXX COMPANY
(b) Contracts with Partnerships. Contracts entered into with partnerships
shall be executed in the partnership name. The contract need be signed by only
one partner provided the authority of the particular partner to bind the
partnership has been established.
(c) Contracts with Corporations. Contracts with corporations shall be
executed in the corporate name, followed by the word "by" after which the person
who has been authorized to
execute the contract on behalf of the corporation shall sign his name with the
designation of his official capacity.
(d) Contracts with Joint Ventures. Contracts with joint ventures may
involve a corporation and a partnership, a partnership and an individual, or
other combination. In these cases the contract shall be signed by each
participant in the joint venture in the manner indicated above for each type of
participant.
(e) When the contractual document is to be signed by an agent other than
as stated above, the fact of the agency must be clearly established by evidence
furnished with offer.
(End of provision)
SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
-------------------------------------------------------------
L.l REFERENCED PROVISIONS. The following contract provisions are hereby
incorporated by reference.
CLAUSE NO. TITLE
FAR CLAUSES
52.204-6 Contractor Identification Number - Data Universal Numbering
System (DUNS) Number (DEC 1996)
52.222-24 Preaward On-Site Equal opportunity Compliance Review (APR 1984)
52.237-l Site Visit (APR 1984)
DFARS CLAUSES
252.204-7001 Commercial and Government Entity (CAGE) Code Reporting (DEC 1991)
252.206-7000 Domestic source Restriction (DEC 1991)
252.211-7003 Brand Name or Equal (DEC 1991)
252.234-7000 Notice of Earned Value Management System (MAR 1997)
L.2 52.211-2 AVAILABILITY OF SPECIFICATIONS AND STANDARDS LISTED IN THE DOD
INDEX OF SPECIFICATIONS AND STANDARDS (DODISS) AND DESCRIPTIONS LISTED IN DOD
5010.12-L (MAR 1994)
Single copies of specifications cited in this solicitation may be obtained
by submitting a written request to the supply point listed below. The request
must contain the title of the specification, its number, date, applicable
amendment(s), and the solicitation or contract number. A telephone order entry
system is available with the use of a touch tone telephone. A Customer Number is
required to use this system and may be obtained by written request to the
address listed below or by telephone (000-000-0000). In case of urgency,
telegraphic requests are acceptable. Voluntary standards which are not available
to offerors and contractors from Government sources may be obtained from the
organization responsible for their preparation maintenance or publication.
Standardization Document
Page 31
Order Desk, Building 4, Section D
000 Xxxxxxx Xxxxxx
Xxxxxxxxxxxx, XX 00000-0000
Facsimile No 000-000-0000
Telephone order Entry system (TOES) Numbers.........000-000-0000 through and
including 000-000-0000
(End of provision)
L.3 522.11-6 LISTING OF OTHER THAN NEW MATERIAL, RESIDUAL INVENTORY, AND
FORMER GOVERNMENT SURPLUS PROPERTY (MAY 1995)
(a) Definitions.
Material, as used in this provision, includes, but is not limited to, raw
material, parts, items, components, and end products.
New, as used in this provision, means previously unused or composed of
previously unused materials and may include unused residual inventory or unused
former Government surplus property.
Other than new, as used in this provision, includes, but is not limited to,
recycled, recovered, remanufactured, used, and reconditioned.
(b) If the offeror proposes to furnish other than new material, residual
inventory resulting from terminated Government contracts or former Government
surplus property, the offeror shall provide the following information as an
attachment to the offer.
(1) A complete description of the materials.
(2) Quantity.
(3) Name of Government agency from which acquired.
(4) Date of acquisition, if applicable.
No other than new material, residual inventory or former Government surplus
property other than that listed on the attachment shall be furnished under the
resulting contract unless authorized in writing by the contracting Officer.
(c) All material to be furnished under the resultant contract must comply with
the terms and specifications contained in the contract.
(End of provision)
L.4 52.211114 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE USE (SEP 1990)
Any contract awarded as a result of this solicitation will be a ( ) DX
rated order; ( ) DO rated order certified for national defense use under the
Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the
contractor will be required to follow all of the requirements of the regulation.
(End of provision)
L.5 52.215-20 Requirements for Cost or Pricing Data or Information Other Than
cost or Pricing Data (OCT 1997)
(a) Exceptions from cost or pricing data
(1) In lieu of submitting cost or pricing data, offerors may submit a
written request for exception by submitting the information described in the
following subparagraphs. The contracting officer may require additional
supporting information, but only to the extent necessary to determine whether an
exception should be granted, and whether the price is fair and reasonable.
(i) Identification of the law or regulation establishing the price
offered. If the price is controlled under law by periodic rulings reviews, or
similar actions of a governmental body, attach a copy of the controlling
document, unless it was previously submitted to the contracting office.
(ii) Commercial item exception. For a commercial item exception, the
offeror shall submit, at a minimum, information on prices at which the same item
or similar items have previously been sold in the commercial market that is
adequate for evaluating the reasonableness of the price for this acquisition.
Such information may include:
(A) For catalog items, a copy of or identification of the catalog
and its date, or the appropriate pages for the offered items, or a statement
that the catalog is on file in the buying office to which the proposal is being
submitted. Provide a copy or describe current discount policies and price lists
(published or unpublished), e.g., wholesale, original equipment manufacturer, or
reseller. Also explain the basis of each offered price and its relationship to
the established catalog price, including how the proposed price relates to the
price of recent sales in quantities similar to the proposed quantities;
(B) For market-priced items, the source and date or period of the
market quotation or other basis for market price, the base amount, and
applicable discounts. In addition, describe the nature of the market;
(C) For items included on an active Federal Supply service
Multiple Award schedule contract, proof that an exception has been granted for
the schedule item.
(2) The offeror grants the Contracting Officer or an authorized
representative the right to examine, at any time before award, books, records,
documents, or other directly pertinent records to verify any request
Page 32
for an exception under this provision, and the reasonableness of price. For
items priced using catalog or market prices, or law or regulation, access does
not extend to cost or profit information or other data relevant solely to the
offeror's determination of the prices to be offered in the catalog or
marketplace.
(b) Requirements for cost or pricing data. If the offeror is not granted an
exception from the requirement to submit cost or pricing data, the following
applies:
(1) The offeror shall prepare and submit cost or pricing data and
supporting attachments in accordance with Table 15-2 of PAR 15.408.
(2) As soon as practicable after agreement on price, but before
contract award (except for unpriced actions such as letter contracts), the
offeror shall submit a certificate of Current Cost or Pricing Data, as
prescribed by FAR 15 406-2.
(End of provision)
L.6 52-233-2 SERVICE OF PROTEST (OCT 1995)
(a) Protests, as defined in Section 33 101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any protests
that are filed with the General Accounting Office (GAO) or the General Services
Administration Board of Contract Appeals IGSBCA), shall be served on the
Contracting Officer (addressed as follows) by obtaining written and dated
acknowledgement of receipt from Assistant General Counsel (Contracts) (AGC/C).
(1) If delivered via the U.S. Postal Service:
Maryland Procurement Office
Attn: Assistant General Counsel (Contracts) (AGC/C)
0000 Xxxxxx Xxxx
Ft. Xxxxxx X. Xxxxx, MD 20755-6000
(2) If delivered via any means other than the U.S. Postal Service
(e.g. Federal Express, handcarried, commercial carrier):
Maryland Procurement Office
Attn: Assistant General Counsel (Contracts) (AGC/C)
0000 Xxxxxxx Xxxx
Ft. Xxxxxx X. Xxxxx, MD 20755 6000
Upon arrival at gatehouse #10, call extension 000 0000
(b) The copy of any protest shall be received in the office designated
above on the same day a protest is filed with the GSBCA or within one day of
filing a protest with the GAO.
(c) In this procurement, you __ may/__ may not protest to the GSBCA because
of the nature of the supplies or services being procured.
(End of provision)
L.7 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)
This solicitation may incorporate one or more solicitation provision 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. The
offeror is cautioned that the listed provisions may included blocks that must be
completed by the offeror and submitted with its quotation or offer. In lieu of
submitting the full text of those provisions, the offeror may identify the
provision by paragraph identified and provide the appropriate information with
its quotation or offer. Also, the full text of a solicitation provision may be
accessed electronically at this/these address(es) N/A at this time.
(End of provision)
L.8 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984)
(a) The use in this solicitation of any Federal Acquisition Regulation (48
CFR Chapter 1) provision with an authorized deviation is indicated by the
addition of "(DEVIATION)" after the date of the provision.
(b) The use in this solicitation of any DoD FAR Supplement (48 CFR Chapter
2) provision with an authorized deviation is indicated by the addition of
"(DEVIATION)" after the name of the regulation.
(End of provision)
The offeror is responsible for marking proprietary information contained in
an proposal(s) and/or other information submitted by the offeror or in
accordance with FAR 3.104-4(j)(2). Appropriately marked information will be
treated as proprietary for the purposes of the Procurement Integrity Act.
(End of notice)
L.9 352.203-9001 NOTICE - MARKING PROPRIETARY INFORMATION (OCT 1993)
The offeror is responsible for marking proprietary information contained in
an proposal(s) and/or other information submitted by the offeror in accordance
with FAR 3.104-4(j)(2). Appropriately marked information will be treated as
proprietary for the purposes of the Procurement Integrity Act.
(End of notice)
L.10 352.204-9000 DISCLOSURE OF INFORMATION RFP (OCT 1993)
Page 33
(a) The recipient organization of this Request for Proposal shall not,
unless authorized elsewhere in this RFP, disclose any information concerning the
request or its sponsorship to anyone other than those officers and employees of
the recipient organization who require the information in order to prepare and
submit a proposal or a response.
(b) The recipient organization may obtain necessary subcontracting and
purchasing data from prospective vendors or subcontractors provided that
sponsorship of this Request for Proposal is not disclosed; and where required,
the appropriate security regulations are observed.
(c) Any disclosure other than that described in Paragraphs (a) and (b}
above, considered necessary by the recipient organization may be made only with
the written consent of the Contracting Officer.
(End of provision)
L.11 352.209-9001 RESPONSIBLE PROSPECTIVE CONTRACTORS (APR 1989)
The offeror must have data available which will satisfactorily demonstrate
to the Contracting officer that the offeror has the experience, equipment, and
facilities to perform the contract. This information must be furnished within
three calendar days from the date of any request by the Contracting Officer.
Failure to furnish such data, if requested, may result in rejection of the
proposal.
(End of provision)
L.12 352.210-9000 NOTICE ELIMINATION OF USE OF CLASS I - OZONE DEPLETING
SUBSTANCES (AUG 1993)
Section 326 of the FY-93 Defense Authorization Act places restrictions on
the award and modification of contracts requiring the use of Class I - Ozone-
depleting substances (ODS). Class I ODS are identified in Section 602(a) of the
Clean Air Act (42 U.S.C. Section 7671(a)) and Title 40, Code of Federal
Regulations Section 82, Appendix A.
DOD has identified hundreds of military specifications that require Class I
ODS. Of these, MPO research indicates that MIL-STD 454, MIL-T 2000, and MIL-T
11268 are of particular applicability to some MPO contracts, although others may
also apply.
If any of these specifications are included in this acquisition, or if the
contractor knows of any other Class I ODS required, directly or indirectly, at
any level of contract performance, the contractor should notify the MPO
Contracting officer immediately. A subsequent assessment will be conducted by
the Government in an attempt to identify economically feasible substitute
substances or alternative technology.
(End of notice)
L.13 352.215-9001 CONFLICTING TERMS AND CONDITIONS (OCT 1993)
The offeror's proposal shall not contain any terms and/or conditions
(preprinted or otherwise) which conflict with any required Government terms
and/or conditions. Any proposal containing conflicting terms and/or conditions
may be found unacceptable and rejected
(End of provision)
L.14 352.215-9002 INQUIRIES (OCT 1993)
Information concerning the status of an offeror's proposals and/or the
progress of the proposal evaluations shall be requested only from the
Contracting Officer.
(End of provision)
L.15 352.215-9004 DEFINITION OF "SHALL" (OCT 1993)
In consonance with the requirements of the Federal Acquisition Regulation
(FAR), the term "shall" is defined as imperative. Accordingly, wherever the term
"shall" appears, offerors are advised that such requirement is mandatory.
Deviations from such requirements may be granted only by the CO in writing/
(End of provision)
L.16 352.215-9005 UNALLOWABILITY OF PROPOSAL PREPARATION COSTS (OCT 1993)
The Government will not recognize as a direct cost to this acquisition the
costs incurred by the contractor in the preparation of its proposal.
(End of provision)
L.17 352.215-9006 LATE PROPOSALS (APR 1989)
The Defense Courier Service will be treated in the same manner as
Registered or Certified Mail concerning late offers, i.e., an official receipt
for classified material has been obtained and it has been determined by the
government that the late receipt was due solely to delays in the courier service
for which the offeror was not responsible.
(End of provision)
L.18 352.215-9021 OBTAINING SUBCONTRACTOR CERTIFIED COST OR PRICING DATA AND
ANALYSES (OCT 1993)
In accordance with the requirements of the FAR 15.804-6(g)-(h) and FAR 15
806, the contractor shall furnish the following subcontractor information as
part of the overall cost proposal:
(a) Subcontractor cost or pricing data and appropriate analyses; and
Page 34
(b) Decrement factors which represent the historical difference between
vendors' proposed prices and the actual prices negotiated
It is DOD policy for Contracting officers to obtain the above information
so that it can be used effectively in prime contract negotiations. In urgent
situations where requirements must be negotiated quickly without subcontractor
cost data, subcontractor costs may be identified as "not to exceed" amounts,
subject to downward adjustment only.
(End of provision)
L.19 352.219-9000 SUBCONTRACTING PLAN FOR SMALL BUSINESS AND SMALL DISADVANTAGED
BUSINESS CONCERNS (OCT 1993)
(a) In accordance with Public Law 95-507 and as prescribed by FAR
19.708(b), a subcontracting Plan for Small Business and Small Disadvantaged
Business Concerns will be required from the apparent successful offeror prior to
the award of any resultant contract. Offerors may submit plans with initial
proposal. If not submitted with the initial proposal, a plan shall be submitted
when requested by the Contracting Officer.
(b) Offerors are hereby notified that no contract will be awarded unless
and until an acceptable plan is negotiated with the Contracting Officer and such
acceptable plan will be incorporated into the contract, as a material part
thereof
(End of provision)
L.20 352.245-9005 KNOWLEDGE OF ACQUISITION OF GOVERNMENT PRODUCTION AND RESEARCH
PROPERTY (OCT 1993)
Offerors shall state whether, to their knowledge, their proposal involves
the acquisition of Government production and research property, the disposal of
which may be restricted by patent or other rights. Pursuant to FAR 45.402(b),
offerors are required to obtain the written concurrence of the contracting
officer cognizant of the property. A copy of the concurrence shall be included
in the proposal.
(End of provision)
