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FBO DAILY - FEDBIZOPPS ISSUE OF SEPTEMBER 05, 2015 FBO #5034
SOLICITATION NOTICE

S -- TMT Software Maintenance and Program Support

Notice Date: 9/3/2015
Notice Type: Combined Synopsis/Solicitation
NAICS: 541519 — Other Computer Related Services
Contracting Office: Defense Logistics Agency, DLA Acquisition Locations, DLA Contracting Services Office, 8725 John J. Kingman Road, Suite 0119, Fort Belvoir, Virginia, 22060-6220, United States
ZIP Code: 22060-6220
Solicitation Number: SP470115Q9019
Archive Date: 9/30/2015
Point of Contact: Joseph Tierney, Phone: 2157374714
E-Mail Address: Joseph.Tierney@DLA.Mil
(Joseph.Tierney@DLA.Mil)
Small Business Set-Aside: N/A
Description: COMBINED SYNOPSIS/SOLICITATION REQUEST FOR PROPOSAL (SP4701-15-R-9019) •(1) Action Code: N/A •(2) Date: Sept 3, 2015 •(3) Year: 2015 •(4) Contracting Office Zip Code: 19111 •(5) Classification Code: 541511 •(6) Contracting Office Address: DLA Contracting Services Office Philadelphia 700 Robbins Avenue, Building # 26/2, North Side Philadelphia, PA 19111 (7) Subject: DLA Enterprise Media Task Management Tracker (TMT) along with Technical Support (8) Proposed Solicitation Number: SP4701-15-R-0931 •(7) Closing Response Date: Sept 14 2015 •(8) Contact Point: Joseph Tierney Joseph.Tierney@dla.mil, 215-737-4714 •(9) Contract Award: NA •(10) Contract Award Dollar Amount: NA •(11) Contract Line Item Number: See section (16) below •(12) Contract Award Date: NA •(13) Contractor NA •(14) Description: •(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Solicitation issued on a sole source basis to Accenture Federal Services and is supported by a Justification and Approval which will be posted prior to the closing date of this combined synopsis/solicitation. •(ii) Solicitation Number: SP4701-15-R-0931 •(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-81. •(iv) The North American Industrial Classification System (NAICS) code for this acquisition is 541511. (v) BASIS FOR AWARD: The Defense Logistics Agency (DLA) Information Operations has a requirement for the continuation of software maintenance and technical support to Government owned Task Management Tracer software that is proprietary to Accenture Federal Systems award will be based upon a determination that the proposed price is both fair and reasonable. (vi) SCHEDULE OF ITEMS/STATEMENT OF WORK: Statement of Work 1. Introduction. The Defense Logistics Agency (DLA) Enterprise currently uses Accenture's Task Management Tracker to provide a framework for creating, tracking, and managing tasks significantly improving efficiency and maintaining data support of DLA's mission. 1.2. TMT Task Management Tracker Maintenance and technical support Requirement. 1.3 INTRODUCTION: DLA Enterprise currently uses Accenture's Task Management Tracker (TMT) software to provide a framework for creating, tracking, and managing tasks significantly improving efficiency and maintain data in support of DLA's mission. TMT utilizes a system identifier as a key mechanism [provided by an annual License / Maintenance Contract] to provide access to the DLA central repository, access to an online site, as well as access to new patches and updates and licenses.. TMT currently has 1500 issued licenses with the potential to support an additional 32,000 edge users. The web part add-in and corresponding copyright code from Accenture is stored in the eWorkplace database. It is critical for TMT to have this software in place in order for the application to function and updates that could place the system in a vulnerably state be patched. TMT is currently DLA's default task management system used by organizations as a direct link to senior level leaders. There is no product on the market at this time that is able to achieve this level of support without an entire system rebuild. Since TMT software is proprietary to Accenture, no indigenous technical support is available; thus requiring systems engineer support to augment DLA system administration. 1.4 GENERAL REQUIREMENTS: The objective is to obtain technical support for Accenture's Task Management Tracker (TMT) software. The PWS will cover the following agency requirements. •a) Provide 12 months' worth of support •b) Provide day-to-day operational support. This support can be either remote or on site. On Site support is required, at a minimum one week per month. •c) Assist DLA with TMT support for Incident Management •d) Assist DLA with TMT software patches •e) Support DLA with DoD's DIACAP process •f) Assist with STIG process •g) Assist with POAMs •h) Assist with creating procedures in support of DLA-based queries. Queries can be security or mitigating types •i) Provide documentation that may include CM plans, CONOPS •j) Assist with creating Change requests in support of TMT •k) Provide and assist with the installation of TMT associated upgrades •l) Provide monthly invoices to the Program Management Office •m) Provide status report every two weeks to the program office •n) Minimally acceptable Key Personnel Requirements criteria The contractor must meet and maintain DoD approved baseline certifications outlined in DoD 8570.01-M at the IAT II level. All work shall be compliant with Public Law, Federal Statutes, the Federal Acquisition Regulation (FAR), Department of Defense Federal Acquisition Regulation Supplement (DFARS), Department of Defense (DoD), and Defense Logistics Agency (DLA) Directives, Instructions and US Computer Emergency Readiness Team (CERT) tasking. 1.5 TASKS The delivery requirements of specific tasks are detailed in the "DELIVERABLE/DELIVERY SCHEDULE ". The contractor shall provide support through the following tasks. 1.5.1 Task 1 - Daily Operational Support Contractor will p rovide day-to-day operational support for TMT. This support can be either remote or On-Site. On-Site support is required, at a minimum one week per month. At a minimum, the contractor will provide technical knowledge and analysis of application and operational environments, as well as implementation and troubleshooting advice on exceptionally complex problems of the Subject matter for effective implementation. The following list constitutes daily operational support, but is not meant to be all inclusive. •· Assist DLA with TMT support for Incident Management •· Assist DLA with TMT software patches •· Support DLA with DoD's DIACAP process •· Assist with STIG process •· Assist with POAMs •· Assist with creating procedures in support of DLA-based queries. Queries can be security or mitigating types •· Assist with creating Change requests in support of TMT •· Provide and assist with the installation of TMT associated upgrades 1.5.2 Task 2 - Microsoft Dynamics CRM subject matter expert (SME) The contractor serves as Microsoft Dynamics CRM subject matter expert, possessing in-depth knowledge of the CRM product and supporting technical architecture. In this capacity the contractor will direct dynamic CRM solution installation, configuration and troubleshooting activities. Under this task, the contractor is also responsible to provide and implement solutions for all user licensing, network and bandwidth issues. 1.5.3 Task 3 - Oversight The contractor shall provide documentation as requested by the COR / COTR or PWS. The following list constitutes documentation support, but is not meant to be all inclusive. •· CM plans or CONOPS. •· Monthly invoices to the Program Management Office •· Status report every two weeks to the program office The contractor shall produce written biweekly and on request status reports. The reports will cover such things as specific accomplishments for the reporting period; problems/issues resolved; new problems/issues identified; resources utilized; anticipated resources to be utilized; status updates on each assigned project task, progress to be made in the upcoming reporting period. Each biweekly status report will cover the immediately preceding period. The status reports shall be delivered no more than five (5) working days after the biweekly period ends and at least five (5) working days before any invoice for that period is submitted for payment. The as requested status reports will cover the period of time indicated by the COR/COTR and will be due on the day and time indicated by the COR/COTR. The format for these status reports will be provided upon contract award and modified as needed and directed by the COR/COTR. The contractor shall at times present this information in any meetings relating to the projects. 1.5.4 Task 4 - Travel Contract performance requires travel to Battle Creek, MI. Travel in support of this contract will be performed face-to-face, at least week per month and has been included as a fixed cost of the contract. 1.6 DELIVERABLE/DELIVERY SCHEDULE : PWS Tasks Deliverables Frequency Due Format Acceptor 3 Biweekly Status Report Biweekly 5 work days after the reporting period ends. e-mail/ hard copy, as requested COR, COTR, others as directed 3 and Paragraph 8 Monthly Invoices (Maintenance) Monthly 5 work days after month end PDF and hardcopy COR, COTR, and PMO. 4 and Paragraph 6.6 On-Site Work Performance 1 week per month As specified by the COR / COTR In Person COR / COTR Paragraphs 6.4, 6.7, 6.8 Signed Nondisclosure Statement. All individuals working this contract must sign a nondisclosure statement prior to contract performance. At start of contract and prior to any new employees starting on contract Electronic or hardcopy, as determined by the COR / COTR. COR / COTR Paragraph 6.7 Contractor notification of full name, social security number and date of birth of all employees assigned to work on the contract. Within a reasonable time, as directed by the Government and the Contractor following award of the contract At start of contract and prior to any new employees starting on contract Electronic or hardcopy, as determined by the COR / COTR. COR / COTR Paragraph 6.3 Government furnished property (to include IT equipment, IDs, parking decals) shall be returned Once per employee departure Prior to departure of any personnel In person Contract Specialist, COR / COTR Paragraph 6.8 Notification of Contractor personnel no longer requiring access to Government computers Once per employee departure Within 24 hours of personnel resignations, reassignments, terminations, or completion of portions of the contract E-mail COR / COTR 1.7 PERSONNEL The government will review and approve resumes prior to any contractors starting work. Contractor shall provide support personnel who meet the minimum qualification requirements as outlined in paragraph 1.8. The contractor must meet and maintain DoD approved baseline certifications outlined in DoD 8570.01-M. No contractor shall start work before they get the appropriate security clearance. The government will provide each employee an identification badge. Contractor personnel will visibly display the badge in accordance with HDI Federal Center security requirements. Individuals performing under this contract must meet all DLA certifications, directives and regulations for an Access badge and access to the HDI Federal Center [or other sites where work is being performed] to continue to perform on this contract. All individuals working this contract must sign a nondisclosure statement prior to contract performance. The contractor personnel shall be professional (refraining from unprofessional conduct, verbal altercations, e-mail flame wars, etc.) They shall understand that DLA Enterprise Media is their customer and issues they may have are to be raised with DLA Enterprise Media or the COR/COTR, not DLA Enterprise Media's customer. Contractor personnel must treat DLA personnel in a professional manner. Contract personnel shall comply with lawful orders of Law Enforcement personnel at the HDI Federal Center or other government sites. The Contractor shall not employ any person whose employment will violate the requirements of DoD5500.7, Joint Ethics Regulation. All Contractor personnel shall observe local policy and procedures provided by the Office of Information Resources governing the use of computer equipment and passwords. Violations of local policy shall include password sharing, performing personal work, file access violations or browsing files outside the scope of the contract. The Contracting Officer shall adjudicate each case and his decision shall be final. Where the Government has requested removal of Contractor personnel, the Contractor shall provide an appropriately trained replacement. Individuals removed from this contract are removed for the duration of the contract. The Contractor shall notify the COR/COTR within 24 hours when for reasons of personnel resignations, reassignments, terminations, or completion of portions of the contract, named Contractor personnel no longer require access to Government computers. Contractor personnel are only authorized to attend meetings, town halls, etc. as they relate to the performance of the tasks outlined in the PWS. The contractor shall excuse themselves from the gathering when funding and/or future requirements are discussed. 1.8 KEY PERSONNEL REQUIREMENTS The government requires the following minimum requirements for TMT Technical support. Senior IT Systems Engineer - IT experience resulting in at least 11 years of technical knowledge and experience with each of the following Microsoft products: •· SharePoint •· SQL Server •· Active directory (AD) •· Active directory Federation service (ADFS) •· ISA Load balancing •· Exchange The Senior IT Systems Engineer will also be required to perform the following duties: a) Serve as Microsoft Dynamics CRM subject matter expert, possessing in-depth knowledge of the CRM product and supporting technical architecture. •· Responsible for all user licensing issues •· Responsible for network and bandwidth issues b) Provide technical knowledge and analysis of application and operational environments, as well as implementation and troubleshooting advice on exceptionally complex problems of the Subject matter for effective implementation. 1.9 OFF-SITE ACCOMMODATIONS / GOVERNMENT FURNISHED EQUIPMENT (GFE): The contractor will provide all necessary facilities to provide requested services. The contractor will use DLA provided desktop hardware and software to provide web support to DLA and any time they touch the DLA network or drives or implement any changes to same. DLA will manage the imaging and support of the patches and anti-virus to include administrative access on all DLA provided machines. All equipment assigned to specific contractor personnel will be documented in the J6 asset management system and signed for by the COR/COTR and the Contractor at the time of delivery. Prior to departure of any personnel, government furnished property (to include IT equipment, IDs, parking decals) shall be returned to the COR/COTR. Government provided equipment will only be used for government related work. Any connection to DLA networks is subject to all DLA regulatory publications. 1.10NON-DISCLOSURE AND PRIVACY ACT REQUIREMENTS: Performance of this contract may require the Contractor and, perhaps, sub-contractor to access data and information proprietary to the Government agency or of such a nature that its dissemination or use, other than in performance of this Performance Based Work Statement (PWS) would be adverse to the interest of the Government or others. The Contractor shall not divulge or release data or information developed or obtained in performance of this PWS. The Contractor shall not use, disclose, or reproduce proprietary data, which bears a restrictive legend, other than as required in the performance of this PWS. The limitations above do not apply to data or information made public by the Government. Further, this provision does not preclude the use of any data independently acquired by the Contractor without such limitations or prohibit an agreement at no cost to the Government between the Contractor and the data owner that provides for greater rights to the Contractor. Contract personnel visiting any Government facility in execution of this contract shall be subject to the Standards of Conduct applicable to Government employees. Site-specific regulations regarding access to classified or sensitive materials, computer facility access, issue of security badges, etc. will be provided as required. All products, partial products, and associated work papers produced in the course of fulfilling orders placed under this contract will be considered the property of the DLA. All contractor personnel shall sign the standard DLA Non-disclosure Agreement. 1.11 WORK HOURS Core operation hours are 0600-1800 Monday through Friday. The contractor shall have regularly scheduled hours approved by the COR/COTR. On rare occasions, support may be required outside regularly scheduled work hours to reduce downtime or disruption to the user community. The contractor shall provide an avenue for communication and quick response, especially during core work hours. On rare occasions, non-core work hour support may be required. 1.12 Security Procedures. All contractor personnel working on or managing this effort shall strictly adhere to DLA and DoD security policy guidelines. Information Security. Information given to the Contractor during the life of this contract shall only be used for the purpose of carrying out the provisions of this contract. Agency information marked "For Official Use Only' or bearing other sensitivity markings shall be handled in accordance with Agency information security program regulations and shall not be divulged or disclosed without Agency permission. Requests for disclosure shall be addressed to the COR/COTR. c) Direct dynamic CRM solution installation, configuration and troubleshooting activities. 1.13 CONTRACTING OFFICER REPRESENTATIVES Contracting Officer Representative (COR) Contracting Officer Technical Representative (COTR) Jeffrey Hearn 74 Washington Avenue North Battle Creek, MI 49037 (269) 961-4126 Jeffrey.hearn@dla.mil Michael Barnes 74 Washington Avenue North Battle Creek, MI 49037 (269) 961-5261 Michael.P.Barnes@dla.mil 1.14 RESTRICTIONS : The contractor shall not go directly to any DLA customer to create requirements.At all times, conflicts of interest shall be avoided by vendors, subcontractors, or associated companies. Contractors shall comply with all laws and regulations governing contract conflicts of interest. Contractors shall not gain, share or make use of information on potential projects, plans, project requirements, evaluation criteria, policies, or internal policies in order to compete for work in DLA. They shall make the government aware of any relationship that may appear suspect. Because of the nature of the work to be performed under this contract, a provision setting forth an obligation to prevent and report any potential organizational conflicts of interests (OCIs) and to protect from disclosure of proprietary and sensitive information is applied to this contract. The contractor is shall acknowledge this obligation before beginning performance of work under this contract. This acknowledgement will be provided in writing at the kick off meeting. 2. INVOICES : The contractor shall provide e-mail and hard copy invoices to the COR, COTR, and a designated contracting POC for each month worked. The invoice is considered received when the COR/COTR is able to open and review e-mail submission and has physically seen the hard copy invoice. It is not to be considered received on the weekend or holidays. The contractor will be required to submit invoices into Wide Area Work Flow (WAWF). INVOICING AND PAYMENT (WAWF) INSTRUCTIONS (JUNE 2012): •(a) Invoices for goods received or services rendered under this contract shall be submitted electronically through Wide Area Work Flow -- Receipt and Acceptance (WAWF): •(1) The vendor shall have their cage code activated by calling 866-618-5988. Once activated, the vendor shall self-register at the web site https://wawf.eb.mil. Vendor training is available on the Internet at http://www.wawftraining.com. Additional support can be obtained by calling the NAVY WAWF Assistance Line: 1-800-559-WAWF (9293). •(2) WAWF Vendor "Quick Reference" Guides are located at the following web site: http://www.acquisition.navy.mil/navyaos/content/view/full/3521. •(3) Select the invoice type within WAWF as specified below. Back up documentation (such as timesheets, receiving reports etc.) can be included and attached to the invoice in WAWF. Attachments created in any Microsoft Office product are attachable to the invoice in WAWF. Total limit for each file is not to exceed 2MB. Multiple attachments are allowed. •(b) The following information, regarding invoice routing DoDAAC's, must be entered for completion of the invoice in WAWF: ITEM Routing Table Contracting Officer Notes WAWF Invoice Type Invoice 2-in-1 Contract Number TBD Issuing Office DoDAAC SP4701 Admin Office DoDAAC SP4701 Ship To DoDAAC (for Combo), Service Acceptor DoDAAC (for 2 in 1), Service Approver DoDAAC (Cost Voucher) SB4200 Paying Office DoDAAC SL4730 Acceptor/COR Email Jeffrey.Hearn@dla.mil •(c) Contractors approved by DCAA for direct billing will not process vouchers through DCAA, but may submit directly to DFAS. Vendors MUST still provide a copy of the invoice and any applicable documentation that supports payment to the Acceptor/Contracting Officer's Representative (COR) if applicable. Additionally, a copy of the invoice(s) and attachment(s) at time of submission in WAWF must also be provided to each point of contact identified in section (d) of this clause by email. If the invoice and/or receiving report are delivered in the email as an attachment it must be provided as a.PDF, Microsoft Office product or other mutually agreed upon form between the Contracting Officer and vendor. •(d) For each invoice / cost voucher submitted for payment, the contractor shall include the following email addresses for the WAWF automated invoice notification to the following points of contact: Name Email Phone Role Jeffrey Hearn Jeffrey.Hearn@dla.mil 269-961-4126 COR Michael Barnes Michael.P.Barnes@dla.mil 269-961-5261 COTR Trip reports, expense reports and status reports are due five (5) working days prior to invoice submission. The contractor shall provide e-mail and hard copies of all status reports for that month, trip reports, trip expense reports, and a write up of expected contractor absences for the coming month, with any invoice submitted for payment. Additionally, the Contractor shall use this mechanism as a formal forum to raise issues of concern. The monthly status report format will be provided at Contract award. The government (DLA) does not pay for the time and effort to write a proposal and cost estimate, nor its submission. Any and all deliverables/reports shall not be separately invoiced above and beyond the FFP under the contract. Only following the successful project completion, will the final contractor's invoice will be certified for payment. This means the project must: meet the requirements given; pass our J62ABJ (and their agents) review; conform to Federal, DoD DLA Policy; follow the life cycle process; pass the necessary board reviews and be accepted by the COR/COTR. So, the last invoice will not be paid until all requirements have been met. 3. TASK ORDER TYPE: The type of contractual vehicle will be a Fixed Price Contract. 4.DATA RIGHTS Under the provisions of the Rights in Data General Clause (FAR 52.227-14 and various DFARS clauses), the Government reserves all rights, including copyrights, distribution rights, and other rights for all work product like documents, data or software developed in the performance of this task. 5.INSPECTION AND ACCEPTANCE Final inspection and acceptance of all work, performance, reports and other deliverables shall be performed at the location specified in the Statement of Work. The COR or COTR are responsible for inspection and acceptance as well as the basis for acceptance. The basis for acceptance shall be in compliance with the requirements set forth in the Statement of Work and other terms and conditions of the contract. Deliverable items rejected under resulting task orders shall be corrected in accordance with applicable clauses. The Government requires a period not to exceed thirty (30) calendar days after receipt of final deliverable item(s) for inspection and acceptance or rejection, unless otherwise specified in individual orders. Contract deliverables that receive neither a formal acceptance nor a formal rejection after thirty (30) calendar days post submission are considered to automatically be accepted. 6 TRAVEL Contract performance requires travel to Battle Creek, MI. Travel in support of this contract will be performed face-to-face, at least week per month and has been included as a fixed cost of the contract. 7 SECURITY At time of award and prior to new personnel starting work, the contractor will provide notification of full name, social security number, and date of birth for all employees assigned to work on the contract. Contractor personnel must possess Information Technology (IT) security credentials as directed by the COR/COTR. Reference documentation on IT security credentials is provided below and can be located on DoD and DLA publication web sites: •a. DoD 5200.2-R, DOD Personnel Security Program •b. DoD Directive 5200.2, DoD Personnel Security Program •c. DLAI 4314, Personnel Security Program There are typically three components to an individual's personnel security credentials and are listed below: a. IT level - There are three IT sensitivity levels: IT-1 for privileged access, IT-2 for access to sensitive data, and IT-3 for lowest level system access/data sensitivity requirements. Please see policy documentation for complete IT-level definitions. Typical IT level for web developer in regards to this contract support is IT-2. b. Security Clearance - Is required when access to classified information is necessary. Most typical clearance for a web developer is secret, but will not typically be required for this contract support. c. Background Investigation - National Agency Check with Local Agency Check and Credit Check (NACLC) is the most common background investigation for web developers. It is possible that a more intensive background investigation called Single Scope Background Investigation (SSBI) will be required if the web developer will have elevated privileges or possible access to classified or sensitive information. If an SSBI investigation is required, the COR may request that the contractor initiate and pay for the investigation. Typical for background investigation requirement for this contract support will be NACLC. Contractor personnel providing web development support will require minimum IT Level 2 credential throughout the performance period. If classified support is required, IT Level 1 credential will be required. Typical forms used in the Personnel Security process are DD Form 2875, System Authorization Access Request, DLAH Form 1728, Request for HQC Contractor Badge and/or Information Technology (IT) Access, Electronic Personnel Security Questionnaire (ESPQ), and Standard Form 85P (National Agency Check (NAC)). If personnel need access to classified information (secret/below), a Secret clearance is required. An interim secret clearance may be considered. DoD 5200.2-R requires DoD military and civilian personnel, as well as DoD consultants and contractor personnel, who perform work on sensitive automated information systems (AISs), to be assigned to positions which are designated at one of three sensitivity levels (IT-1, IT-2, IT-3). These designations equate to Critical Sensitive, Non-critical Sensitive, and Non-sensitive. The Contractor shall assure that their personnel meet personnel and IT security requirements as directed by the COR/COTR. Within a reasonable time, determined by the Government and the Contractor following award of the contract, the contractor shall provide all security forms for each proposed contract individual as directed by the COR/COTR. The COR/COTR shall forward the provided information to the HQC Security Office. The HQC Personnel Security Officer will determine if the proposed individuals are appropriate candidates for contract support positions. If the Security Officer approves a candidate, the Security Officer will advise on the next steps in the process to obtain clearance to access DLA network and systems. No contractor personnel performing sensitive duties will be allowed to commence work until his or her trustworthiness has been favorably adjudicated. The Contractor shall comply with all DLA security requirements pursuant to DLA Regulation 5200.17, Security Requirements for Automated Information and Telecommunications Systems. Contractor employees shall be required to meet all security and safety regulations pertinent to the work location and shall be required to undergo a National Agency Check (NACLC) at a minimum. 8 Contractor Generated Documents. Contract personnel will generate or handle documents that contain FOUO information, at both Government and contractor facilities. Contractor shall have access to, generate and handle classified material only at government facilities. All contract deliverables shall be marked at a minimum "For Official Use Only" (FOUO), unless otherwise directed by the Government. The contractor shall comply with the provisions of the DoD Industrial Security Manual for handling classified material and producing deliverables. 9. Period of Performance: 30 Sept 2015 - 29 Sept 2016 10. Technical Point of Contact (POC) To be made at time of award 11 INVOICING INFORMATION The Contractor will invoice on an annual basis through the Department of Defense Wide Area Workflow (WAWF) system. Invoices must be submitted through WAWF in accordance with DFARS 252.232-7003. Refer to https://wawf.eb.mil for additional information. Invoice Type: 2-in-1 Prime Contractor (Cage): TBD Administered By: SP4701 Accepted By: SL4730 Payment Official: SL4701 Issued By: SP4701 NOTE: Wide Area Work Flow (WAWF) Service Acceptor Code DODAAC is SL4730 for submission of " 2-in-1 " invoices. DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (a) Definitions. As used in this clause- "Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization. "Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF). "Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system. (b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports. (c) WAWF access. To access WAWF, the Contractor shall- (1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov ; and (2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site. (d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.©eb.mil/ (e) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. (f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order: (1) Document type. The Contractor shall use the following document type(s). ___________________________________________________________ (Contracting Officer: Insert applicable document type(s). Note: If a "Combo" document type is identified but not supportable by the Contractor's business systems, an "Invoice" (stand-alone) and "Receiving Report" (stand-alone) document type may be used instead.) (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. ____________________________________________________________Not Applicable (3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system. Routing Data Table* WAWF Invoice Type Invoice 2-in-1 Contract Number Issuing Office DODAAC Admin Office DODAAC Inspector DODAAC Service Acceptor DODAAC Ship to /Extension DCAA Office DODAAC Paying Office DODAAC (4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, ( e.g. timesheets) in support of each payment request. (5) WAWF email notifications. The Contractor shall enter the e-mail address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. ________________________________________________________________ ________________________________________________________________ (g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact. Not Applicable (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. Only following the successful project completion, will the final contractor's invoice will be certified for payment. This means the project must: meet the requirements given; pass our J6F (and their agents) review; conform to Federal, DoD DLA Policy; follow the life cycle process; pass the necessary board reviews and be accepted by the COR/COTR. So, the last invoice will not be paid until all requirements have been met. 12. CONTRACTING OFFICER'S REPRESENTATIVE To Be Determined at time of award 13. Price Period of Performance: August 7, 2015 through August 6, 2016 CLIN Description QTY Unit Unit Price Total Price 0001 Accenture TMT software maintenance in support of the DLA Enterprise (Enterprise license) 12 Mths $ $ 0002 Accenture TMT support services, services IAW the PWS below 12 Mths $ $ 0003 Travel in support of 0001 1 Lt $18,000 $18,000 TOTAL (vii) Base Year Period of Performance (POP): 30 Sept 2015 through 29 Sept 2016 (vii) The FAR provision, 52.212-1, Instructions to Offerors - Commercial, applies to this acquisition and the following addenda are added to this provision: 14Addendum to 52.212-1(c) Period for acceptance of offers. Period of acceptance is 30 days. 15Addendum to 52.212-1(e) Multiple offers. Alternative commercial items may not be considered for award on this instant acquisition, however, may be utilized for market research on future requirements. 16Addendum to 52.212-1(h) Multiple awards. The Government intends to make one award. The Government may make more than one award. Offers may be submitted for quantities less than those specified. 17Addendum to 52.212-1(j) Data Universal Numbering System (DUNS) Number The requirement to provide a DUNS number with the offer applies at all dollar values if the offeror is required to register in the Central Contractor Registration (CCR) Database in accordance with DFARS clause 252.204-7004. 18. FAR 52.252-2 FAR, DFARS, and DLAD: http://farsite.hill.af.mil/ FAR 52.214-34 Submission of Offers in the English Language (APR 1991) FAR 52.214-35 Submission of Offers in U.S. Currency (APR 1991) DFARS 252.227-7015 Technical Data - Commercial Items (DEC 2011) 19 Add the following paragraph (m) to FAR 52.212-: •(1) Proposal Organization: •a. This RFP will be posted to the Federal Business Opportunities website under NAICS code 541511. •b. Offeror's shall submit a proposal with a total price for all CLINs. Within the proposal, the offeror shall provide a breakdown of the unit prices for each item listed in Schedule of Supplies/Services for this this RFP. •c. Proposals shall be submitted electronically to: Joseph.Tierney@DLA.Mil •d. Offers are due no later than 12:00 PM (Eastern Time) on August 15, 2015 •(v) The FAR provision, 52.212-2, Evaluation - Commercial Items, applies to this acquisition. The evaluation criterion for the technical proposal and price proposal is set forth in paragraph below. The Government will award a contract to the offeror who proposes all required items as noted within this solicitation, on a Fair and Reasonable Technically Acceptable basis. •(vi) Offerors shall include a copy of the FAR provision at 52.212-3, Offeror Representations and Certifications - Commercial Items and DFARS 252.212-7000. •(vii) The FAR clause, 52.212-4, Contract Terms and Conditions - Commercial Items, applies to this acquisition and the following addenda are added to this provision: 20 52.212-4 -- Contract Terms and Conditions -- Commercial Items. As prescribed in 12.301 (b)(3), insert the following clause: Contract Terms and Conditions -- Commercial Items (May 2015) (a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights -- (1) Within a reasonable time after the defect was discovered or should have been discovered; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. (b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C.3727). However, when a third party makes payment ( e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract. (c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties. (d) Disputes. This contract is subject to 41 U.S.C. chapter 71,Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. (e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. (f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (g) Invoice. (1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include -- (i) Name and address of the Contractor; (ii) Invoice date and number; (iii) Contract number, contract line item number and, if applicable, the order number; (iv) Description, quantity, unit of measure, unit price and extended price of the items delivered; (v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vi) Terms of any discount for prompt payment offered; (vii) Name and address of official to whom payment is to be sent; (viii) Name, title, and phone number of person to notify in event of defective invoice; and (ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. (x) Electronic funds transfer (EFT) banking information. (A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract. (B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause ( e.g., 52.232-33, Payment by Electronic Funds Transfer- System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures. (C) EFT banking information is not required if the Government waived the requirement to pay by EFT. (2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315. (h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings. (i) Payment. (1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract. (2) Prompt Payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR Part 1315. (3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. 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 specified payment date if an electronic funds transfer payment is made. (5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment ( e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) Interest. (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period at fixed by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon: (1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or (2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination. (k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience. (n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession. (o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. (p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items. (q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. (r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity. (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: (1) The schedule of supplies/services. (2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause. (3) The clause at 52.212-5. (4) Addenda to this solicitation or contract, including any license agreements for computer software. (5) Solicitation provisions if this is a solicitation. (6) Other paragraphs of this clause. (7) The Standard Form 1449. (8) Other documents, exhibits, and attachments. (9) The specification. (t) System for Award Management (SAM). (1) Unless exempted by an addendum to this contract, the Contractor is responsible during performance and through final payment of any contract for the accuracy and completeness of the data within the SAM database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the SAM database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the SAM database to ensure it is current, accurate and complete. Updating information in the SAM does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (2) (i) If a Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to: (A) Change the name in the SAM database; (B) Comply with the requirements of Subpart 42.12 of the FAR; (C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (t)(2)(i) of this clause, or fails to perform the agreement at paragraph (t)(2)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the SAM information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (3) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the SAM database. Information provided to the Contractor's SAM record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the "Suspension of payment" paragraph of the EFT clause of this contract. (4) Offerors and Contractors may obtain information on registration and annual confirmation requirements via SAM accessed through https://www.acquisition.gov. (u) Unauthorized Obligations. (1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End Use License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern: (i) Any such clause is unenforceable against the Government. (ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause. (iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement. (2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures. (v) Incorporation by reference. The Contractor's representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract. (End of Clause) Alternate I (May 2014) When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs (a), (e), (i), (l), and (m) for those in the basic clause. Note: Paragraphs (i)(1)(ii)(D)(1) are hereby modified to include "Travel" for Other Direct Costs and "$0" for Indirect Costs. Alt I only applies to the Travel CLINs and the FFP CLINs utilize the standard FAR 52.212-4. (a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work. (2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties. (3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier. (4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [ Insert portion of labor rate attributable to profit. ] (5) (i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may- (A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or (B) Terminate this contract for cause. (ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract. (6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-- (i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or (ii) The conduct of one or more of the Contractor's employees selected or retained by the Contractor after any of the Contractor's managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified. (7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract. (8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract. (9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property. (e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause- (i) Direct materials means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service. (ii) Hourly rate means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are- (A) Performed by the contractor; (B) Performed by the subcontractors; or (C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control. (iii) Materials means- (A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control; (B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract; (C) Other direct costs ( e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.); (D) The following subcontracts for services which are specifically excluded from the hourly rate: [ Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule. ]; and (E) Indirect costs specifically provided for in this clause. (iv) Subcontract means any contract, as defined in FAR Subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders. (i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer: (i) Hourly rate. (A) The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis. (B) The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract. Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer. (C) Invoices may be submitted once each month (or at more frequent intervals, if approved by the Contracting Officer) to the Contracting Officer or the authorized representative. (D) When requested by the Contracting Officer or the authorized representative, the Contractor shall substantiate invoices (including any subcontractor hours reimbursed at the hourly rate in the schedule) by evidence of actual payment, individual daily job timecards, records that verify the employees meet the qualifications for the labor categories specified in the contract, or other substantiation specified in the contract. (E) Unless the Schedule prescribes otherwise, the hourly rates in the Schedule shall not be varied by virtue of the Contractor having performed work on an overtime basis. (1) If no overtime rates are provided in the Schedule and the Contracting Officer approves overtime work in advance, overtime rates shall be negotiated. (2) Failure to agree upon these overtime rates shall be treated as a dispute under the Disputes clause of this contract. (3) If the Schedule provided rates for overtime, the premium portion of those rates will be reimbursable only to the extent the overtime is approved by the Contracting Officer. (ii) Materials. (A) If the Contractor furnishes materials that meet the definition of a commercial item at FAR 2.101, the price to be paid for such materials shall not exceed the Contractor's established catalog or market price, adjusted to reflect the-- (1) Quantities being acquired; and (2) Any modifications necessary because of contract requirements. (B) Except as provided for in paragraph (i)(1)(ii)(A) and (D)(2) of this clause, the Government will reimburse the Contractor the actual cost of materials (less any rebates, refunds, or discounts received by the contractor that are identifiable to the contract) provided the Contractor- (1) Has made payments for materials in accordance with the terms and conditions of the agreement or invoice; or (2) Makes these payments within 30 days of the submission of the Contractor's payment request to the Government and such payment is in accordance with the terms and conditions of the agreement or invoice. (C) To the extent able, the Contractor shall- (1) Obtain materials at the most advantageous prices available with due regard to securing prompt delivery of satisfactory materials; and (2) Give credit to the Government for cash and trade discounts, rebates, scrap, commissions, and other amounts that are identifiable to the contract. (D) Other Costs. Unless listed below, other direct and indirect costs will not be reimbursed. (1) Other direct Costs. The Government will reimburse the Contractor on the basis of actual cost for the following, provided such costs comply with the requirements in paragraph (i)(1)(ii)(B) of this clause: [Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert "None" if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert 'None'."] (2) Indirect Costs (Material handling, Subcontract Administration, etc.). The Government will reimburse the Contractor for indirect costs on a pro-rata basis over the period of contract performance at the following fixed price: [Insert a fixed amount for the indirect costs and payment schedule. Insert "$0" if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert "Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert 'None'."] (2) Total cost. It is estimated that the total cost to the Government for the performance of this contract shall not exceed the ceiling price set forth in the Schedule and the Contractor agrees to use its best efforts to perform the work specified in the Schedule and all obligations under this contract within such ceiling price. If at any time the Contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the next succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price in the Schedule, the Contractor shall notify the Contracting Officer giving a revised estimate of the total price to the Government for performing this contract with supporting reasons and documentation. If at any time during the performance of this contract, the Contractor has reason to believe that the total price to the Government for performing this contract will be substantially greater or less than the then stated ceiling price, the Contractor shall so notify the Contracting Officer, giving a revised estimate of the total price for performing this contract, with supporting reasons and documentation. If at any time during performance of this contract, the Government has reason to believe that the work to be required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the Contractor, giving the then revised estimate of the total amount of effort to be required under the contract. (3) Ceiling price. The Government will not be obligated to pay the Contractor any amount in excess of the ceiling price in the Schedule, and the Contractor shall not be obligated to continue performance if to do so would exceed the ceiling price set forth in the Schedule, unless and until the Contracting Officer notifies the contractor in writing that the ceiling price has been increased and specifies in the notice a revised ceiling that shall constitute the ceiling price for performance under this contract. When and to the extent that the ceiling price set forth in the Schedule has been increased, any hours expended and material costs incurred by the Contractor in excess of the ceiling price before the increase shall be allowable to the same extent as if the hours expended and material costs had been incurred after the increase in the ceiling price. (4) Access to records. At any time before final payment under this contract, the Contracting Officer (or authorized representative) will have access to the following (access shall be limited to the listing below unless otherwise agreed to by the Contractor and the Contracting Officer): (i) Records that verify that the employees whose time has been included in any invoice met the qualifications for the labor categories specified in the contract. (ii) For labor hours (including any subcontractor hours reimbursed at the hourly rate in the schedule), when timecards are required as substantiation for payment- (A) The original timecards (paper-based or electronic); (B) The Contractor's timekeeping procedures; (C) Contractor records that show the distribution of labor between jobs or contracts; and (D) Employees whose time has been included in any invoice for the purpose of verifying that these employees have worked the hours shown on the invoices. (iii) For material and subcontract costs that are reimbursed on the basis of actual cost- (A) Any invoices or subcontract agreements substantiating material costs; and (B) Any documents supporting payment of those invoices. (5) Overpayments/Underpayments. Each payment previously made shall be subject to reduction to the extent of amounts, on preceding invoices, that are found by the Contracting Officer not to have been properly payable and shall also be subject to reduction for overpayments or to increase for underpayments. The Contractor shall promptly pay any such reduction within 30 days unless the parties agree otherwise. The Government within 30 days will pay any such increases, unless the parties agree otherwise. The Contractor's payment will be made by check. If the Contractor becomes aware of a duplicate invoice payment or that the Government has otherwise overpaid on an invoice payment, the Contractor shall- (i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the- (A) Circumstances of the overpayment ( e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment); (B) Affected contract number and delivery order number, if applicable; (C) Affected contract line item or subline item, if applicable; and (D) Contractor point of contact. (ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer. (6) (i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury, as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, and then at the rate applicable for each six month period as established by the Secretary until the amount is paid. (ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract. (iii) Final Decisions. The Contracting Officer will issue a final decision as required by 33.211 if- (A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt in a timely manner; (B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or (C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see FAR 32.60702). (iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment. (v) Amounts shall be due at the earliest of the following dates: (A) The date fixed under this contract. (B) The date of the first written demand for payment, including any demand for payment resulting from a default termination. (vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on- (A) The date on which the designated office receives payment from the Contractor; (B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or (C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor. (vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract. (viii) Upon receipt and approval of the invoice designated by the Contractor as the "completion invoice" and supporting documentation, and upon compliance by the Contractor with all terms of this contract, any outstanding balances will be paid within 30 days unless the parties agree otherwise. The completion invoice, and supporting documentation, shall be submitted by the Contractor as promptly as practicable following completion of the work under this contract, but in no event later than 1 year (or such longer period as the Contracting Officer may approve in writing) from the date of completion. (7) Release of claims. The Contractor, and each assignee under an assignment entered into under this contract and in effect at the time of final payment under this contract, shall execute and deliver, at the time of and as a condition precedent to final payment under this contract, a release discharging the Government, its officers, agents, and employees of and from all liabilities, obligations, and claims arising out of or under this contract, subject only to the following exceptions. (i) Specified claims in stated amounts, or in estimated amounts if the amounts are not susceptible to exact statement by the Contractor. (ii) Claims, together with reasonable incidental expenses, based upon the liabilities of the Contractor to third parties arising out of performing this contract, that are not known to the Contractor on the date of the execution of the release, and of which the Contractor gives notice in writing to the Contracting Officer not more than 6 years after the date of the release or the date of any notice to the Contractor that the Government is prepared to make final payment, whichever is earlier. (iii) Claims for reimbursement of costs (other than expenses of the Contractor by reason of its indemnification of the Government against patent liability), including reasonable incidental expenses, incurred by the Contractor under the terms of this contract relating to patents. (8) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C 3903) and prompt payment regulations at 5 CFR part 1315. (9) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause. (10) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date that appears on the payment check or the specified payment date if an electronic funds transfer payment is made. (l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid an amount for direct labor hours (as defined in the Schedule of the contract) determined by multiplying the number of direct labor hours expended before the effective date of termination by the hourly rate(s) in the contract, less any hourly rate payments already made to the Contractor plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system that have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon written request, with adequate assurances of future performance. Subject to the terms of this contract, the Contractor shall be paid an amount computed under paragraph (i) Payments of this clause, but the "hourly rate" for labor hours expended in furnishing work not delivered to or accepted by the Government shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified in paragraph (a)(4) of this clause, the portion of the "hourly rate" attributable to profit shall be 10 percent. In the event of termination for cause, the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience 21 CONTRACT CLAUSES INCORPORATED BY REFERENCE: FAR 52.252-2 -- Clauses Incorporated by Reference. As prescribed in 52.107 (b), insert the following clause: 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): THE CLAUSES LISTED BELOW ARE INCORPORATED 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. A CLAUSE WITH AN AUTHORIZED DEVIATION IS SO MARKED AFTER THE DATE OF THE CLAUSE. (Also, the full text of solicitation clauses and provisions may be accessed electronically at the following websites): FAR, DFARS, DLAD, and DSCP Local Clauses - http://farsite.hill.af.mil/ CLAUSE NUMBER TITLE/DATE FAR 52.203-3 Gratuities (Apr 1984) FAR 52.204-2 Security Requirements (Aug. 1996) FAR 52.204-7 System for Award Management (JUL 2013) FAR 52.204-9 Personal Identity Verification of Contractor (JAN 2011) FAR 52.222-3 Convict Labor (JUN 2003) FAR 52.223-5 Pollution Prevention and Right-to-Know Information (MAY 2011) FAR 52.224-1 Privacy Act Notification (APR 1984) FAR 52.224-2 Privacy Act (Apr 1984) FAR 52.227-1 Authorization and Consent (DEC 2007) FAR 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement (DEC 2007) FAR 52.232-17 Interest (MAY 2014) FAR 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) FAR 52.237-2 Protection of Government Buildings, Equipment, and Vegetation (APR 1984) FAR 52.237-3 Continuity of Services (JAN 1991) FAR 52.242-13 Bankruptcy (JULY 1995) FAR 52.242-15 Stop-Work Order (AUG 1989) FAR 52.245-1 Government Property (Apr 2012) FAR 52.245-9 Use and Charges (Apr 2012) FAR 52.247-34 F.o.b. Destination (NOV 1991) DFARS 252.201-7000 Contracting Officer's Representative (DEC 1991) DFARS 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) DFARS 252.203-7002 Requirement to Inform Employees of Whistleblower Rights (SEP 2013) DFARS 252.203-7005 Representation Relating to Compensation of Former DoD Officials (NOV 2011) DFARS 252.204-7003 Control of Government Personnel Work Product (APR 1992) DFARS 252.204-7004 Alternate A, System for Award Management (FEB 2014) DFARS 252.204-7012 Safeguarding of Unclassified Controlled Technical Information (NOV 2013) DFARS 252.205-7000 Provision of Information to Cooperative Agreement Holders (DEC 1991) DFARS 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country (MAR 2014) DFARS 252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2012) DFARS 252.225-7031 Secondary Arab Boycott of Israel (JUN 2005) DFARS 252.226-7001 Utilization of Indian Organizations, Indian- Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) DFARS 252.227-7015 Technical Data-Commercial Items (FEB 2014) DFARS 252.227-7028 Technical Data or Computer Software Previously Delivered to the Government (JUN 1995) DFARS 252.227-7037 Validation of Restrictive Markings on Technical Data (JUN 2013) DFARS 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (JUNE 2012) DFARS 252.232-7010 Levies on Contract Payments (DEC 2006) DFARS 252.239-7001 Information Assurance Contractor Training and Certification (JAN 2008) DFARS 252.239-7018 Supply Chain Risk (NOV 2013) DFARS 252.239-7019 Training for Contractor Personnel Interacting with Detainees (JUN 2013) DFARS 252.243-7002 Requests for Equitable Adjustment (DEC 2012) DFARS 252.245-7001 Tagging, Labeling, and Marking of Government- Furnished Property (APR 2012) DFARS 252.245-7002 Reporting Loss of Government Property (APR 2012) DFARS 252.245-7003 Contractor Property Management System Administration (APR 2012) DFARS 252.245-7004 Reporting, Reutilization, and Disposal (APR 2012) DLAD 52.204-9000 Contractor Personnel Security (AUG 2014) DLAD 52.212-9000 Changes-Military Readiness (NOV 2011) DLAD 52.233-9000 Agency Protests (NOV 2011) 22 FAR 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a Firm-Fixed Price contract resulting from this solicitation. 23) 52.212-5 -- Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items. Contract Terms and Conditions Required to Implement Statutes or Executive Orders -- Commercial Items (May 2015) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553). (3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] _X__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). ___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). ___ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009). _X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note). ___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). ___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C). _X__ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note). _X__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313). ___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). ___ (ii) Alternate I (Nov 2011) of 52.219-3. ____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a). ___ (ii) Alternate I (Jan 2011) of 52.219-4. ___ (13) [Reserved] ___ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644). ___ (ii) Alternate I (Nov 2011). ___ (iii) Alternate II (Nov 2011). ___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). ___ (ii) Alternate I (Oct 1995) of 52.219-7. ___ (iii) Alternate II (Mar 2004) of 52.219-7. _X__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)). ___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637 (d)(4)). ___ (ii) Alternate I (Oct 2001) of 52.219-9. ___ (iii) Alternate II (Oct 2001) of 52.219-9. ___ (iv) Alternate III (Oct 2014) of 52.219-9. ___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). _X__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)). ___ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). ___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). _X__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). ___ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)). ___ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)). _X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755). _X__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126). _X__ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). _X__ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). _X__ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). _X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). _X__ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). _X__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). _X__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627). ___ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) ___ (35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) ___ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13. ___ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-14. ___ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). ___ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514). ___ (ii) Alternate I (Jun 2014) of 52.223-16. _X__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513). ___ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83). ___ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act(May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43). ___ (ii) Alternate I (May 2014) of 52.225-3. ___ (iii) Alternate II (May 2014) of 52.225-3. ___ (iv) Alternate III (May 2014) of 52.225-3. ___ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). _X__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). ___ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). ___ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). ___ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). ___ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)). ___ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). ___ (50) 52.232-33, Payment by Electronic Funds Transfer- System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (51) 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332). ___ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). _X__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). ___ (54) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). ___ (ii) Alternate I (Apr 2003) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items: [ Contracting Officer check as appropriate.] ___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _X__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67. ). _X__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). _X__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67). ____ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). ___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67). ___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67). _X__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). ___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). ___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)). (d) Comptroller General Examination of Record The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c) and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509). (ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17. (iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (v) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246). (vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212). (vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212). (ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67). (xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627). ___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627). (xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.) (xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67) (xiv) 52.222-54, Employment Eligibility Verification (Aug 2013). (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658). (xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xviii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 24 DLAD 52.237-9002 KEY PERSONNEL - FIXED-PRICE SERVICE CONTRACTS (APR 2008) •(a) ) Certain skilled, experienced, professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. These are defined as "Key Personnel" and are those persons whose resumes were submitted as part of the technical/business proposal for evaluation. The Contractor agrees to use said key personnel during the performance of this contract and that they shall not be removed from the contract work or replaced unless authorized in accordance with this clause. •(b) The Contractor shall not substitute key personnel assigned to perform work under this contract without the prior approval of the Contracting Officer. Requests for approval of substitutions shall be in writing and shall provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a complete resume for the proposed substitute, and any other information requested or needed by the Contracting Officer to approve or disapprove the request. Proposed substitutes must have qualifications that are equal to or higher than the key personnel being replaced. The Contracting Officer or his authorized representative shall evaluate such requests and promptly notify the Contractor in writing whether the proposed substitution is acceptable. •(c) If the Contracting Officer determines that (1) suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming, or (2) the resultant substitution would be so substantial as to impair the successful completion of the contract or the delivery order in accordance with the proposal accepted by the Government at time of contract award, the Contracting Officer may (1) terminate the contract for default or for the convenience of the Government, as appropriate, or (2) at his discretion, if he finds the Contractor at fault for the condition, equitably adjust the contract price downward to compensate the Government for any resultant delay, loss or damage. •(d) The provisions of this clause shall be fully applicable to any subcontract which may be entered into. (End of Clauses) 25 252.209-7992 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law-Fiscal Year 2015 Appropriations. Include the attached provision in all solicitations that will use funds made available by the Consolidated and Continuing Appropriations Act, 2015 (Pub. L. 113-235), including solicitations for the acquisition of commercial items under FAR part 12. REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-FISCAL YEAR 2015 APPROPRIATIONS (DEVIATION 2015-OO0005) (DEC 2014) (a) In accordance with sections 744 and 745 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 26 252.203-7999 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (DEVIATION 2015-O0010) Insert the following clause in all solicitations and contracts that will use funds made available by the Financial Services and General Government Appropriations Act, 2015 (Division E of the Consolidated and Further Continuing Appropriations Act, 2015, Pub. L. 113-235), or any other Act, including solicitations and contracts for the acquisition of commercial items under FAR part 12, or when obligating FY 2015 funds on existing contracts. Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements (DEVIATION 2015-O0010)(FEB 2015) (a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or contactors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (b) The Contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect. (c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015, (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause. (2) The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (End of clause) (xii) Additional contract requirements or terms and conditions necessary for this acquisition and consistent with customary commercial practices: N/A (xiii) A Defense Priorities and Allocations System (DPAS) rating is not necessary for this requirement. (xiv) Offer Due Date/Local Time: 12:00 PM (Eastern Time) on August 15, 2015 (xv) For questions or concerns regarding this solicitation, please contact Joseph Tierney at Joseph.Tierney@DLA.Mil or 215-737-4714. Email is the preferred method of communication.
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Record: SN03870338-W 20150905/150903235753-ac88ae286b66f5a97e7c7bfc5db8de3d (fbodaily.com)
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