Repair Hydorgraphic Survey Equipment
COMBINED SYNOPSIS/SOLICITATION
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in the Federal Acquisition Regulation (FAR) Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; offers are being requested and a written solicitation will not be issued.
The solicitation number for this acquisition is W912EP-17-T-0002 and it is being issued as a Request for Offer.
The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-87.
This requirement is being offered as a Small Business Set-Aside. The NAICS code is 811219. The small business size standard is $20.5 million.
The U.S. Army Corps of Engineers, Jacksonville, FL District has a need for Hydrographic Survey Equipment Repair. The Jacksonville District intends to award up to five (5) Blanket Purchase Agreements (BPA) from this combined synopsis/solicitation to the responsible offeror(s) whose offer represent the best value after evaluation in accordance with the factors and their relative importance in this solicitation.
The total ordering capacity under each BPA shall not exceed $1,500,000.00 and no call issued under any of the BPAs shall exceed $50,000.00. T h e B PA shall be valid for a period of five (5) years or when the total dollar amount of all calls issued under the BPA reaches $1,500,000.00, whichever comes first.
(i) Description of Requirements:
1. GENERAL: This is a non-personal service contract to rent hydrographic surveying equipment, to obtain on-site support for hydrographic surveying equipment, and to have hydrographic surveying equipment repaired. The Government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the Contractor who, in turn is responsible to the Government.
1.1 Description of Services/Introduction: The Contractor shall provide all personnel, equipment, supplies, facilities, transportation, tools, materials, supervision, and other items and non-personal services necessary to provide rental, support and repair of hydrographic surveying equipment as defined in this Performance Work Statement except for those items specified as government furnished property and services. The Contractor shall perform to the standards in this contract.
1.2 Background: CESAJ-OD-H comprises of a multifaceted team of staff members with varying strengths from individuals with a Bachelor of Science in Geomatics to those with 25 or more years of hydrographic surveying experience. The Contractor sought shall have a dedicated team of equivalent education, knowledge of cutting edge surveying technology, and versatility. The contractor shall furnish a list of staff biographies upon request by the COR. The majority of the items listed in Technical Exhibit 3 are currently owned and in active use by CESAJ-OD-H.
1.3 Objectives: The objective is to obtain rental, support, and repair service for hydrographic surveying equipment for use on coastal and navigation projects.
1.4 Scope: The Contractor shall rent the equipment at a daily rate. The rental equipment shall be delivered to the Government in turn-key condition and in ready to operate status 24 hours a day, seven (7) days a week, and 365 days a year. The Contractor shall be a full-service vendor that is both qualified and has the resources to perform all services stated in Part 5 of this Performance Work Statement (PWS) within the timeframes as stated in this PWS. The Contractor shall repair the hydrographic surveying equipment indicated in this PWS. The Contractor shall provide support for the hydrographic surveying equipment indicated in this PWS.
1.5 Period of Performance: The period of performance for the Blanket Purchase Agreement (BPA) shall be for five (5) years from the date of Award.
1.6 General Information
1.6.1 Quality Control: The Contractor shall develop and maintain an effective quality control program to ensure services are performed in accordance with this PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure non-recurrence of defective services. The Contractor's quality control program is the means by which he assures himself that his work complies with the requirement of the contract. The Quality Control Plan (QCP shall be submitted with the Contractor's proposal. After acceptance of the quality control plan the Contractor shall receive the contracting officer's acceptance in writing of any proposed change to his QC system.
1.6.2 Quality Assurance: The government shall evaluate the Contractor's performance under this contract in accordance with the Quality Assurance Surveillance Plan. This plan is primarily focused on what the Government must do to ensure that the Contractor has performed in accordance with the performance standards. It defines how the performance standards will be applied, the frequency of surveillance, and the minimum acceptable defect rate(s).
1.6.3 Recognized Holidays: The Contractor may be required to perform services on holidays.
New Year's Day Labor Day
Martin Luther King Jr.'s Birthday Columbus Day
President's Day Veteran's Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
1.6.4 Hours of Operation: The Contractor is responsible for conducting business, between the hours of 0800 - 1700 Monday through Sunday (EST), except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. For other than firm fixed price contracts, the Contractor will not be reimbursed when the government facility is closed for the above reasons. The Contractor must at all times maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.
1.6.5 Place of Performance: The work to be performed under this contract will be performed on location throughout the USACE Jacksonville District's Area of Responsibility (AOR). The Jacksonville District's Area of Responsibility for Civil Works consists of part of the peninsular portion of the State of Florida, a small part of the State of Georgia, the Commonwealth of Puerto Rico, and the Territory of the U. S. Virgin Islands. These geographical areas are vulnerable to flooding, wind and other damage associated with tropical storms and hurricanes. It should be noted that work is predominately located with the State of Florida. Work in the State of Georgia and the Commonwealth of Puerto Rico is infrequent. Work in the Territory of the U.S. Virgin Islands is only performed in response to emergency operations associated with severe weather.
1.6.6 Type of Contract: The government will award a Blanket Purchase Agreement (BPA).
1.6.7 Security Requirements: Reserved.
1.6.7.1 PHYSICAL Security: The Contractor shall be responsible for safeguarding all government equipment, information and property provided for Contractor use.
1.6.7.2 Key Control: Reserved.
1.6.7.3 Lock Combinations: Reserved.
1.6.8 Special Qualifications: The Contractor must specialize in renting, leasing, and having a sophisticated understanding of the interoperability of marine hydrographic and land surveying equipment. Due to the need to interoperate the desired equipment with the Trimble GNSS equipment currently owned and in use by the Government, the Contractor's staff shall include have a Trimble Navigation certified representative. The Contractor must have at least two years of experience managing the interoperability of commercial grade sonar systems, positioning hardware, inertial motion reference unit (IMU), and advanced computer with data collection software. The Contractor must be able to demonstrate the ability to install systems using a RTK/DGPS system integrated with Applanix POS MV320 with PosPac MMS, Applanix Wavemaster with PosPac MMS, Trimble SPS 851/ 551H heading bundle, Ross Smart Sounder Model 835 Dual Frequency (200 kHz and 28 kHz), R2 Sonic Multibeam, Reson Multibeam, Marine Magnetics Seaspy Magnetometer, Trimble R7 GNSS, Trimble R8 GNSS, Trimble 5700 GPS, Hypack survey software, and TSS Heave compensation system.
1.6.9 Post Award Conference/Periodic Progress Meetings: The Contractor agrees to attend any post award conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation Subpart 42.5. The contracting officer, Contracting Officers Representative (COR), and other Government personnel, as appropriate, may meet periodically with the Contractor to review the Contractor's performance. At these meetings, the contracting officer will apprise the Contractor of how the government views the Contractor's performance and the Contractor will apprise the Government of problems, if any, being experienced. Appropriate action shall be taken to resolve outstanding issues. These meetings shall be at no additional cost to the government.
1.6.10 Contracting Officer Representative (COR): The (COR) will be identified by separate letter. The COR monitors all technical aspects of the contract and assists in contract administration The COR is authorized to perform the following functions: assure that the Contractor performs the technical requirements of the contract: perform inspections necessary in connection with contract performance: maintain written and oral communications with the Contractor concerning technical aspects of the contract: issue written interpretations of technical requirements, including Government drawings, designs, specifications: monitor Contractor's performance and notifies both the Contracting Officer and Contractor of any deficiencies; coordinate availability of government furnished property, and provide site entry of Contractor personnel. A letter of designation issued to the COR, a copy of which is sent to the Contractor, states the responsibilities and limitations of the COR, especially with regard to changes in cost or price, estimates or changes in delivery dates. The COR is not authorized to change any of the terms and conditions of the resulting order.
1.6.11 Key Personnel: The following personnel are considered key personnel by the government: contract manager, alternate contract manager, and safety officer. The Contractor shall provide a contract manager who shall be responsible for the performance of the work. The name of this person and an alternate who shall act for the Contractor when the manager is absent shall be designated in writing to the contracting officer. The contract manager or alternate shall have full authority to act for the Contractor on all contract matters relating to daily operation of this contract. The contract manager or alternate shall be available between 0800 - 1700 Monday through Sunday (EST), except when the government facility is closed for administrative reasons. The contract manager cannot also serve as the safety officer. Qualifications for all key personnel are listed below: The Contract Manager shall have a Bachelor of Science or Master's Degree in Geomatics or Surveying and have at least five years working for a company that specializes in hydrographic surveying. The alternate contract manager shall have a Bachelor of Science in Geomatics or Surveying and at least three years working for a company that specializes in hydrographic surveying. The safety officer shall have a Bachelor of Science in Geomatics or Surveying and have at least two years working for a company that specializes in hydrographic surveying. The staff biography for the contract manager, alternate contract manager, and safety officer shall be submitted upon request by the COR.
1.6.12 Identification of Contractor Employees: All contract personnel attending meetings, answering Government telephones, and working in other situations where their Contractor status is not obvious to third parties are required to identify themselves as such to avoid creating an impression in the minds of members of the public that they are Government officials. They must also ensure that all documents or reports produced by Contractors are suitably marked as Contractor products or that Contractor participation is appropriately disclosed.
1.6.13 Contractor Travel: Contractor will be required to travel throughout the State of Florida, a small part of the State of Georgia, the Commonwealth of Puerto Rico, and the Territory of the U. S. Virgin Islands during the performance of this contract in the event of equipment connectivity dysfunction or failure. The Contractor may be required to travel to on-site locations in support of this PWS. The Contractor shall be required to report, equipped with servicing tools and replacement parts, to the on-site support location to perform diagnostics within 24 hours of notification by the COR.
Contractor will be authorized travel expenses consistent with the substantive provisions of the Joint Travel Regulation (JTR) and the limitation of funds specified in this contract. All travel requires Government approval/authorization and notification to the COR. Travel costs shall be reimbursed by the Government, but shall not exceed an annual amount of $5,000. Any additional cost shall be the responsibility of the Contractor. The Government cannot predict when system failure will occur; subsequently, the Government cannot predict when on-site support will be requested. However, travel may be anticipated at any of the following Federal projects throughout the State of Florida, a small part of the State of Georgia, the Commonwealth of Puerto Rico, and the Territory of the U. S. Virgin Islands: Alafia Rivera, Anclote River, Arecibo Harbor, Atlantic Intercostal Waterway, Intercostal Waterway, Canaveral Harbor, Cedar Island / Keaton Beach, Cedar Keys Harbor, Charlotte Harbor, Boca Grande Pass, Clearwater Pass, Courteney Channel, Crystal Rivera, Daytona Beach, Everglades Harbor, Fernandina Harbor, Fort Myers Beach, Ft. Pierce Harbor, Gulf Intercostal Waterway, Hernando Beach, Hillsborough River, Homosassa River, Horseshoe Cove, Jacksonville Harbor, Johns Pass, Key West Harbor, Key West Northwest Channel, Kings Bay Entrance Channel, Kings Bay Inner Channel, Lake Crescent, Dunns Creek, Longboat Pass, Manatee Harbor, Manatee River, Mayaquez, Mayport Harbor, Melbourne Harbor, Miami Harbor, Miami River, Mill Cove, Naples to Big Marco Pass, Naples to Gordon Pass, New Pass, New River, Okeechobee Waterway, Palm Beach Harbor, Pass-a-grille Pass, Pithlachascotee River, Ponce de Leon Inlet, Ponce Harbor, Port Everglades Harbor, St. Augustine Inlet, St. Johns River, St. Lucie Inlet, St. Petersburg Harbor, San Juan Harbor, Steinhatchee River, Suwannee River, Tampa Harbor Upper Hillsborough Bay, Seddon Channel, Tampa Harbor, USMC Blount Island, Venice Inlet, Withlacoochee, and all beaches in the State of Florida.
Contractor shall submit copies of actual travel receipts for any airfare, lodging, etc. to the COR for approval for reimbursement. Actual mileage will be paid based on the current JTR POV mileage allowance from the Contractor's registered physical business address to the on-site support location.
1.6.14 Other Direct Costs This category includes travel (outlined in 1.6.13).
1.6.15 Data Rights: The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. These documents and materials may not be used or sold by the Contractor without written permission from the Contracting Officer. All materials supplied to the Government shall be the sole property of the Government and may not be used for any other purpose. This right does not abrogate any other Government rights.
1.6.16 Organizational Conflict of Interest: Contractor and subcontractor personnel performing work under this contract may receive, have access to or participate in the development of proprietary or source selection information (e.g., cost or pricing information, budget information or analyses, specifications or work statements, etc.) or perform evaluation services which may create a current or subsequent Organizational Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the Contracting Officer immediately whenever it becomes aware that such access or participation may result in any actual or potential OCI and shall promptly submit a plan to the Contracting Officer to avoid or mitigate any such OCI. The Contractor's mitigation plan will be determined to be acceptable solely at the discretion of the Contracting Officer and in the event the Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, including prohibiting the Contractor from participation in subsequent contracted requirements which may be affected by the OCI.
1.6.17 PHASE IN /PHASE OUT PERIOD: Reserved.
Specific Tasks:
5.1 Basic Services. The Contractor shall provide rental, support, and repair of hydrographic surveying equipment and surveying equipment for coastal projects. Rental prices shall be provided at a daily rate and shall include shipping fees. Reference Technical Exhibit 3 for a list of equipment. The Contractor shall submit a daily rate for each item listed in Technical Exhibit 3.
5.2 Task: Perform diagnostic services within 24 hours of notification by COR.
5.2.1 Standard: The contractor performed all tasks under 5.2 satisfactorily.
5.3 Task: The Contractor shall provide on-site support in the event that the Contractor needs to resolve connectivity or syncing problems between the rented equipment and other hydrographic surveying hardware in place on the survey vessel, survey boat, or beach survey equipment. The Contractor shall provide on-site support to perform troubleshooting and repairs on Government owned equipment with the purpose of making the surveying system as a whole fully operable as a hydrographic surveying system for multibeam, single-beam, sidescan, magnetometer, sub-bottom, and interferometer sonar use. On-site support shall be performed by the Contractor's in-house personnel. See Contractor Travel for information regarding payment related to Contractor travel expenses. The Contractor shall report to the on-site support location within 24 hours of notification by an authorized Government individual.
5.3.1 Standard: The contractor performed all tasks under 5.3 satisfactorily.
5.4 Task: The Contractor warrants all equipment to be in good working condition upon delivery. The Contractor shall test the equipment at the Contractor's business location prior to delivery and submit documentation recording the name of the Contractor's employee whom tested and packaged the equipment. Rental equipment shall be delivered to the Government within 24 hours of notification by an authorized Government individual.
5.4.1 Standard: The Contractor performed all the tasks under item 5.4 satisfactorily.
5.5 Task: All equipment shall be set-up to operate in accordance with current FCC regulations. The Contractor shall install rental equipment upon request by authorized Government individuals within 24 hours of notification. After installation is complete, the Contractor shall verify that each piece of equipment is recording data within the tolerance permitted by EM 1110-2-1003 (current version).
5.5.1 Standard: The Contractor performed all the tasks under item 5.5 satisfactorily.
5.6 Task: The intended radius of the operations is the District Area of Responsibility. See Contractor Travel for additional information.
5.6.1 Standard: The Contractor performed all the tasks under item 5.6 satisfactorily.
5.7 Task: Upon request by the COR, The Contractor shall concurrently provide replacement equipment that is identical to the Government owned equipment under repair while performing repair work on the Government owned equipment. Replacement equipment shall be delivered to the address specified by the Government within 24 hours of notification by an authorized Government individual. The delivery address will be within District Area of Responsibility.
5.7.1. Standard. The Contractor performed all the tasks under item 5.7 satisfactorily.
5.8 Task: The Contractor shall provide office support including report generation or hardware/software configuration and other office services. Office support shall be available during normal hours of operation.
5.8.1 Standard. The Contractor performed all the tasks under item 5.8 satisfactorily.
5.9 Task: The contractor shall repair Government owned equipment using OEM parts from the manufacturer. Manufacturer's warranty shall apply to repair work.
5.9.1 Standard. The contractor performed all tasks under 5.9 satisfactorily.
5.8 CONTRACTOR MANAGEMENT REPORTING (CMR). Reserved.
6. APPLICABLE PUBLICATIONS (CURRENT EDITIONS):
6.1. The Contractor must abide by all applicable regulations, publications, manuals, and local policies and procedures. EM 1110-2-1003 Hydrographic Surveying (1 Jan 2002), EM 1110-1-1003 NAVSTAR Global Positioning System (1 Jul 2003), EM 385-1-1 (Safety and Health Requirements Manual) excluding Personal Protection Equipment and plans that require submittals. All EM's are available for download at http://publications.usace.army.mil/publications/eng-manuals/.
7. Attachment/Technical Exhibit List:
7.1. Technical Exhibit 1 - Performance Requirements Summary
7.2. Technical Exhibit 2 - Deliverables Schedule
TECHNICAL EXHIBIT 1
Performance Requirements Summary
Performance Objective
Standard Performance Threshold
Method of Surveillance
PRS # 1
The Contractor shall install rental equipment upon request. After installation is complete, the Contractor shall verify that each piece of surveying equipment is recording data within the tolerance permitted by EM 1110-2-1003. The Contractor installed equipment and verified that the interconnected surveying equipment functions within the tolerance permitted by EM 1110-2-1003. Zero deviation from standard. 100% by COR or assigned QAR.
PRS # 2
The Contractor shall provide rental equipment within 24 hours of notification by COR.
The Contractor provided rental equipment within 24 hours of written notification by COR. Zero deviation from standard. 100% by COR or assigned QAR.
PRS # 3
The Contractor shall provide on-site support for connectivity, interoperability, or syncing problems within 24 hours of notification.
The Contractor provided on-site support for connectivity or syncing problems within 24 hours of notification by authorized Government individual. Zero deviation from standard. 100% by COR or assigned QAR.
PRS # 5
The Contractor shall provide equipment that is in good working condition upon delivery. The Contractor provided equipment in good working condition upon delivery.
Zero deviation from standard. 100% by COR or assigned QAR.
PRS # 6
The Contractor shall repair equipment. The Contractor repaired equipment in a timely manner. Zero deviation from standard. 100% by COR or assigned QAR.
PRS # 7
The Contractor shall provide office support for work including report generation or hardware/software configuration and other office services. The Contractor provided office support in a timely manner. Zero deviation from standard. 100% by COR or assigned QAR.
TECHNICAL EXHIBIT 2
DELIVERABLES SCHEDULE
Deliverable Frequency No.
of Copies Medium/Format Submit To
The Contractor shall furnish proof of key personnel qualifications. By Contracting Officer's request.
One
Electronic (pdf, bmp, or jpeg).
COR
The Contractor shall provide documentation stating the name of the employee who checked and packaged the rental equipment. To accompany shipped items. One Hardcopy (may be hand written). COR
The Contractor shall provide a Travel Request document that includes the total cost for mobilizing, travel expenses, and demobilizing staff for Government requested on-site support. Upon request by COR. One Electronic (word document or pdf) COR
The Contractor shall provide a Shipping Request document that includes the total cost for shipment associated with incident or event. Upon request by COR. One Electronic (word document or pdf) COR
The Contractor shall provide a specification document of the proposed rental equipment. Prior to delivery or installation. One Electronic (word document or pdf) COR
The Contractor shall provide a daily rate for each item listed in Technical Exhibit 3. With Proposal One Electronic (pdf, bmp, or jpeg).
COR
(ii) FAR Clauses
CLAUSES INCORPORATED BY FULL TEXT
52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JAN 2017)
(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 re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance 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 Government wide 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'', as amended (41 U.S.C. 601-613). 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 or 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, 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 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 as 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; and (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 FAR 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; and (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 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 User 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)
CLAUSES INCORPORATED BY FULL TEXT
LIMITATIONS ON SUBSTITUTIONS FOR CERTAIN POSITIONS AND/OR SUBCONTRACTORS
The award decision for this contract was based, in part, on an evaluation of the personnel and/or subcontractors the Contractor included in its proposal for the positions and/or items of subcontracted work identified at the end of this paragraph. The Contractor agrees these personnel and/or subcontractors will be employed as described in its proposal and no substitutes will be employed without prior written approval of the Contracting Officer or Administrative Contracting Officer. The Contractor further agrees that any proposed substitutes shall meet or exceed the qualifications of the original personnel and/or subcontractors. If the Contractor's proposal did not name a subcontractor for an identified item of work, the Contractor will not be allowed to subcontract that item of work without prior approval of the Contracting Officer or Administrative Contracting Officer.
(End of paragraph number 999.215-4001)
CLAUSES INCORPORATED BY FULL TEXT
NOTICE OF INTENT TO INCORPORATE UNIT PRICES
The successful offeror's unit price for individual contract line item numbers (CLINs) and sub-CLINs, if the pricing schedule includes sub-CLINs, will be incorporated into the contract; and therefore will not be exempt from public disclosure. See FAR 24.202(a).
(End of paragraph 999.215-1)
CLAUSES INCORPORATED BY FULL TEXT
UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT OR OTHER PERSONNEL
The Contractor shall not accept any instructions issued by any person, employed by the Government or otherwise, other than the Contracting Officer or the Contracting Officer's Representative (COR) acting within the limits of the COR's authority. See the Contracting Officer's Representative clause of this contract.
(End of paragraph number 999.201-4002)
CLAUSES INCORPORATED BY FULL TEXT
SAFETY REQUIREMENTS -- SERVICE CONTRACTS
The Contractor shall comply with the applicable portions of the current edition of the U.S. Army Corps of Engineers Safety and Health Requirements Manual, EM 385-1-1. The current edition shall be the edition, including all changes, that is posted at http://www.hq.usace.army.mil (at the HQ homepage, select Safety and Occupational Health) on the date the solicitation for this contract was issued.
(End of paragraph number 999.223-4003)
CLAUSES INCORPORATED BY FULL TEXT
52.203-3 GRATUITIES (APR 1984)
(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--
(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and
(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.
(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.
(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--
(1) To pursue the same remedies as in a breach of the contract; and
(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)
(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper (May 2011)
(a) Definitions. As used in this clause--
Postconsumer fiber means-
(1) Paper, paperboard, and fibrous materials from retail stores, office buildings, homes, and so forth,
after they have passed through their end-usage as a consumer item, including: used corrugated boxes; old newspapers; old magazines; mixed waste paper; tabulating cards; and used cordage; or
(2) All paper, paperboard, and fibrous materials that enter and are collected from municipal solid waste; but not
(3) Fiber derived from printers' over-runs, converters' scrap, and over-issue publications.
(b) The Contractor is required to submit paper documents, such as offers, letters, or reports that are printed or copied double-sided on paper containing at least 30 percent postconsumer fiber, whenever practicable, when not using electronic commerce methods to submit information or data to the Government.
(End of clause)
CLAUSES INCORPORATED BY FULL TEXT
52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2016)
(a) Definitions. As used in this provision--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) database means that--
(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into the SAM database;
(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to
provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique
entity identifiers.
(b)(1) By submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the SAM database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.
(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ``Unique Entity Identifier'' followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if
applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM database.
(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:
(1) Company legal business name.
(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.
(3) Company physical street address, city, state, and Zip Code.
(4) Company mailing address, city, state and Zip Code (if separate from physical).
(5) Company telephone number.
(6) Date the company was started.
(7) Number of employees at your location.
(8) Chief executive officer/key manager.
(9) Line of business (industry).
(10) Company headquarters name and address (reporting relationship within your entity).
(d) If the Offeror does not become registered in the SAM database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.
(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.
(f) Offerors may obtain information on registration at https://www.acquisition.gov.
(End of clause)
52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2016)
(a) Definitions. As used in this clause--
Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management (SAM) records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.
Registered in the System for Award Management (SAM) database means that--
(1) The Contractor has entered all mandatory information, including the unique entity identifier and the EFT indicator (if applicable), the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14), into the SAM database;
(2) The Contractor has completed the Core, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database;
(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and
(4) The Government has marked the record ``Active''.
System for Award Management (SAM) means the primary Government repository for prospective Federal awardee and Federal awardee information and the centralized Government system for certain contracting, grants, and other assistance-related processes. It includes-
(1) Data collected from prospective Federal awardees required for the conduct of business with the Government;
(2) Prospective contractor-submitted annual representations and certifications in accordance with FAR subpart 4.12; and
(3) Identification of those parties excluded from receiving Federal contracts, certain subcontracts, and certain types of Federal financial and non-financial assistance and benefits.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b) The Contractor is responsible 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.
(c)(1)(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; and
(C) Agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor shall provide with the notification sufficient documentation to support the legally changed name.
(ii) If the Contractor fails to comply with the requirements of paragraph
(c)(1)(i) of this clause, or fails to perform the agreement at paragraph (c)(1)(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.
(2) 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. 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.
(3) The Contractor shall ensure that the unique entity identifier is maintained with the entity designated at www.sam.gov for establishment of the unique entity identifier throughout the life of the contract. The Contractor shall communicate any change to the unique entity identifier to the Contracting Officer within 30 days after the change, so an appropriate modification can be issued to update the data on the contract. A change in the unique entity identifier does not necessarily require a novation be accomplished.
(d) Contractors may obtain additional information on registration and annual confirmation requirements at https://www.acquisition.gov.
(End of clause)
52.204-14 SERVICE CONTRACT REPORTING REQUIREMENTS (OCT 2016)
(a) Definition. First-tier subcontract means a subcontract awarded directly by
the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.
(b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October 31, for services performed under this contract during the preceding Government fiscal year (October 1-September 30).
(c) The Contractor shall report the following information:
(1) Contract number and, as applicable, order number.
(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the contract.
(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.
(4) Data reported by subcontractors under paragraph (f) of this clause.
(d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sam.gov. (See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the contracting officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under FAR subpart
42.15.
(e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor shall revise the report, or document its rationale for the agency.
(f)(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with
subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report:
(i) Subcontract number (including subcontractor name and unique entity identifier); and
(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.
(2) The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.
(End of clause)
52.204-15 SERVICE CONTRACT REPORTING REQUIREMENTS FOR INDEFINITE-DELIVERY
CONTRACTS (OCT 2016)
(a) Definition. First-tier subcontract means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long-term arrangements for materials or supplies that
benefit multiple contracts and/or the costs of which are normally applied to a Contractor's general and administrative expenses or indirect costs.
(b) The Contractor shall report, in accordance with paragraphs (c) and (d) of this clause, annually by October 31, for services performed during the preceding Government fiscal year (October 1-September 30) under this contract for orders that exceed the thresholds established in 4.1703(a)(2).
(c) The Contractor shall report the following information:
(1) Contract number and order number.
(2) The total dollar amount invoiced for services performed during the previous Government fiscal year under the order.
(3) The number of Contractor direct labor hours expended on the services performed during the previous Government fiscal year.
(4) Data reported by subcontractors under paragraph (f) of this clause.
(d) The information required in paragraph (c) of this clause shall be submitted via the internet at www.sam.gov. (See SAM User Guide). If the Contractor fails to submit the report in a timely manner, the Contracting Officer will exercise appropriate contractual remedies. In addition, the Contracting Officer will make the Contractor's failure to comply with the reporting requirements a part of the Contractor's performance information under FAR subpart
42.15.
(e) Agencies will review Contractor reported information for reasonableness and consistency with available contract information. In the event the agency believes that revisions to the Contractor reported information are warranted, the agency will notify the Contractor no later than November 15. By November 30, the Contractor
shall revise the report, or document its rationale for the agency.
(f)(1) The Contractor shall require each first-tier subcontractor providing services under this contract, with
subcontract(s) each valued at or above the thresholds set forth in 4.1703(a)(2), to provide the following detailed information to the Contractor in sufficient time to submit the report:
(i) Subcontract number (including subcontractor name and unique entity identifier), and
(ii) The number of first-tier subcontractor direct-labor hours expended on the services performed during the previous Government fiscal year.
(2) The Contractor shall advise the subcontractor that the information will be made available to the public as required by section 743 of Division C of the Consolidated Appropriations Act, 2010.
(End of clause)
CLAUSES INCORPORATED BY REFERENCE
52.204-17 Ownership or Control of Offeror JUL 2016
CLAUSES INCORPORATED BY FULL TEXT
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (JUL 2016)
(a) Definition. As used in this clause--
Commercial and Government Entity (CAGE) code means--
(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or governm
