FBODaily.com | FedBizOpps: PRESOL | 58 | Aruba Hardware/Software Maintenance

FBO DAILY - FEDBIZOPPS ISSUE OF JUNE 25, 2014 FBO #4596
SOLICITATION NOTICE

58 -- Aruba Hardware/Software Maintenance

Notice Date: 6/23/2014
Notice Type: Combined Synopsis/Solicitation
NAICS: 334210 — Telephone Apparatus Manufacturing
Contracting Office: Department of the Air Force, Direct Reporting Units, USAF Academy - 10 CONS, 8110 Industrial Drive, Suite 200, USAF Academy, Colorado, 80840-2315, United States
ZIP Code: 80840-2315
Solicitation Number: FA7000-14-T-0054
Archive Date: 7/23/2014
Point of Contact: Carmen McClanathan, Phone: 7193330809, Russell W. Jordan, Phone: 7193333961
E-Mail Address: carmen.mcclanathan@us.af.mil, russell.jordan@us.af.mil
(carmen.mcclanathan@us.af.mil, russell.jordan@us.af.mil)
Small Business Set-Aside: N/A
Description: This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as a Request for Quotation, (RFQ), solicitation number FA7000-14-T-0054, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-74 effective 30 May 2014. The North American Industry Classification System Code (NAICS) is 334210 and the business size standard is 1,000 Employees. This acquisition is a Total Small Business Set-Aside, Brand Name Only Requirement for Aruba Hardware/Software Maintenance Support. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, 10 LGCB, United States Air Force Academy (USAFA). Please read and comply with all requirements for submitting a quote. Failure to comply with all instructions contained within this combined synopsis/solicitation could result in the quote being ineligible for award. It is the Offeror's responsibility to ensure their quote meets all the requirements identified herein. The USAF Academy has a BRAND NAME ONLY requirement for Aruba Hardware/Software Maintenance Support with 1 Option Year. ITEM DESCRIPTION: BASE CLIN 0001, Aruba Maintenance from 1 August 2014 through 31 July 2015 to Include: QTY: 1 SN1-2400-48-US NEXT-DAY SUPPORT FOR 2400-48-US (1 YEAR) QTY: 1 SN1-LIC-2400-PEF SUPPORT FOR LIC-2400-PEF (1 YEAR) QTY: 1 SN1-LIC-PEF-1024 SUPPORT FOR LIC-PEF-1024 (1 YEAR) QTY: 1 SN1-3400-USF1 NEXT-DAY SUPPORT FOR 3400-USF1 (1 YEAR) QTY: 3 SN1-M3mk1-S-F1 NEXT-DAY SUPPORT FOR M3mk1-S-F1 (1 YEAR) QTY: 6 SN1-HW-PSU-400 NEXT-DAY SUPPORT FOR HWPSU- 400 (1 YEAR) QTY: 3 SN1-LIC-256-AP SUPPORT FOR LIC-256-AP (1 YEAR) QTY: 3 SN1-LIC-128-AP SUPPORT FOR LIC-128-AP (1 YEAR) QTY: 3 SN1-LIC-PEF-8192 SUPPORT FOR LIC-PEF-8192 (1 YEAR) QTY: 3 SN1-LIC-WIP-256 SUPPORT FOR LIC-WIP-256 (1 YEAR) QTY: 3 SN1-LIC-WIP-128 SUPPORT FOR LIC-WIP-128 (1 YEAR) QTY: 2 SN1-6KBASE2PSU200F NEXT-DAY SUPT-6K-BASE- 2PSU-200-FIPS-1YR QTY: 1 SA1-LIC-CP-OB-5K SUPPORT FOR LIC-CP-OB-5K (1 YEAR) QTY: 4 SA1-CP-HW-5K SUPPORT FOR CP-HW-5K (1 YEAR) QTY: 1 SN1-S3500-24P-US NEXT-DAY SUPPORT FOR S3500-24P-US (1 YR) QTY: 24 SN1-S3500-24P-US NEXT-DAY SUPPORT FOR S3500-24P-US (1 YR) QTY: 4 SN1-S3500-24P-US NEXT-DAY SUPPORT FOR S3500-24P-US (1 YR) QTY: 2 SN1-S3500-24P-US NEXT-DAY SUPPORT FOR S3500-24P-US (1 YR) QTY: 1 SA1-LIC-CP-GM-5K NBD SUPPORT FOR LIC-CPGM- 5K (1 YEAR) TOTAL PRICE (Rounded to the Nearest Whole Dollar): $ ____________ OPTION CLIN 0002, Aruba Maintenance 1 August 2015 through 31 July 2016 to Include: QTY: 1 SN1-2400-48-US NEXT-DAY SUPPORT FOR 2400-48-US (1 YEAR) QTY: 1 SN1-LIC-2400-PEF SUPPORT FOR LIC-2400-PEF (1 YEAR) QTY: 1 SN1-LIC-PEF-1024 SUPPORT FOR LIC-PEF-1024 (1 YEAR) QTY: 1 SN1-3400-USF1 NEXT-DAY SUPPORT FOR 3400-USF1 (1 YEAR) QTY: 3 SN1-M3mk1-S-F1 NEXT-DAY SUPPORT FOR M3mk1-S-F1 (1 YEAR) QTY: 6 SN1-HW-PSU-400 NEXT-DAY SUPPORT FOR HWPSU- 400 (1 YEAR) QTY: 3 SN1-LIC-256-AP SUPPORT FOR LIC-256-AP (1 YEAR) QTY: 3 SN1-LIC-128-AP SUPPORT FOR LIC-128-AP (1 YEAR) QTY: 3 SN1-LIC-PEF-8192 SUPPORT FOR LIC-PEF-8192 (1 YEAR) QTY: 3 SN1-LIC-WIP-256 SUPPORT FOR LIC-WIP-256 (1 YEAR) QTY: 3 SN1-LIC-WIP-128 SUPPORT FOR LIC-WIP-128 (1 YEAR) QTY: 2 SN1-6KBASE2PSU200F NEXT-DAY SUPT-6K-BASE- 2PSU-200-FIPS-1YR QTY: 1 SA1-LIC-CP-OB-5K SUPPORT FOR LIC-CP-OB-5K (1 YEAR) QTY: 4 SA1-CP-HW-5K SUPPORT FOR CP-HW-5K (1 YEAR) QTY: 1 SN1-S3500-24P-US NEXT-DAY SUPPORT FOR S3500-24P-US (1 YR) QTY: 24 SN1-S3500-24P-US NEXT-DAY SUPPORT FOR S3500-24P-US (1 YR) QTY: 4 SN1-S3500-24P-US NEXT-DAY SUPPORT FOR S3500-24P-US (1 YR) QTY: 2 SN1-S3500-24P-US NEXT-DAY SUPPORT FOR S3500-24P-US (1 YR) QTY: 1 SA1-LIC-CP-GM-5K NBD SUPPORT FOR LIC-CPGM- 5K (1 YEAR) TOTAL PRICE (Rounded to the Nearest Whole Dollar): $ ____________ The following Federal Acquisition (FAR) clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items (JUL 2013), addenda applies: The contractor shall submit their quote on company letterhead to include the following: - solicitation number - contact name - address - telephone number of the offeror - unit price/extended price rounded to the whole dollar - any discount terms - delivery terms - cage code - DUNS number - tax identification number - size of business and acknowledgement of solicitation - proof that product meets salient characteristics - warranty information - amendments if required. Quotes must be received no later than 3:00 pm Mountain Standard Time (MST), 8 July 2014 at the 10 CONS/LGCB, 8110 Industrial Drive, Suite 200, USAF Academy, CO 80840-2315. Please submit quotes by e-mail to Carmen McClanathan at Carmen.McClanathan@us.af.mil, 719-333-0809 AND to Russell Jordan at Russell.Jordan@us.af.mil, 719-333-3961. Addenda to FAR 52.212-1, PROPOSAL PREPARATION INSTRUCTIONS: 1. PART I - PRICE PROPOSAL - Submit on company letter the for each line item with an overall total price. Round the total price to the nearest whole dollar value. a. The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items and its Alternate I must be completed. Offerors are highly encouraged to complete all representations and certifications electronically online at: (www.sam.gov) or the certifications within this solicitation and shall be completed in hard copy and submitted with quote. b. The provision at DFARS 252.209-7993, Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under Federal Law - Fiscal Year 2014 Appropriations, Deviation 2014-OO0009, must be completed and returned with quote which is written within this solicitation. c. The provision at DFARS 252.209-7998, Representation regarding Conviction of a Felony Criminal Violation under any Federal or State Law, must be completed and returned with quote which is within this solicitation. d. The provision at DFARS 252.225-7000, Buy American Act-Balance of Payments Program Certificate, must be completed, signed and returned with quote which is within this solicitation. e. The provision at DFARS 252.247-7022, Representation of Extent of Transportation by Sea, must be completed and returned with the quote which is within this solicitation. f. The System for Award Management (SAM), contractors must be registered with SAM to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration (www.sam.gov). g. Provide a written statement that the offeror's proposal incorporates all amendments to the solicitation (if applicable). h. Prices quotes must be Firm-Fixed Price to include shipping and handling charges based on F.O.B. Destination. Quotes received with FOB: Other than Destination will not be considered. The provision at FAR 52.212-2, Evaluation--Commercial Items apply to this acquisition: 52.212-2 Evaluation-Commercial Items (Jan 1999) a. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government price and other factors considered. The following factor shall be used to evaluate offers: i. Total Price of CLINS 0001 and 0002 b. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). (End of provision) 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JULY 2013) ADDENDUM TO FAR 52.212-4(c) CHANGES Text in paragraph (c) is deleted and replaced with the following: Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)) (End of Addendum) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2013) (DEVIATION) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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. (b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) 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) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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) Reserved. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793). (vii) 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. (viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.). (ix) 52.222-50, Combating Trafficking in Persons (FEB 2009) (22 U.S.C. 7104(g)). Alternate I (AUG 2007) of 52.222-50 (22 U.S.C. 7104(g)). (x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (Nov 2007) (41 U.S.C. 351, et seq.). (xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services--Requirements (FEB 2009) (41 U.S.C. 351, et seq.). (xii) 52.222-54, Employment Eligibility Verification (JUL 2012). (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAR 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xiv) 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) Additional FAR clauses cited in the clause applicable to this acquisition are: 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards (JUL 2013) 52.209-6 Protecting the Governments Interests When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (AUG 2013) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (MAY 2012) 52.219-8 Utilization of Small Business concerns 52.219-28 Post-Award Small Business Program Representation (JUL 2013) 52.222-3 Convict Labor (JUN 2003) 52.222-19 Child Labor -- Cooperation with Authorities and Remedies (MAR 2012) 52.222-21 Prohibition of Segregated Facilities (FEB 1999) 52.222-26 Equal Opportunity (MAR 2007) 52.222-35 Equal Opportunity for Veterans (SEP 2010) 52.222-36 Affirmative Action for Workers with Disabilities (OCT 2010) 52.222-37 Employment Report on Veterans (SEP 2010) 52.222-50 Combat Trafficking in Persons (FEB 2009) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 52.225-13 Restrictions on Certain Foreign Purchases (JUN 2008) 52.232-18 Availability of Funds (APR 1984) 52.232-33 Payment by Electronic Funds Transfer--Central Contractor Registration (JUL 2013) 52.233-3 Protest After Award (AUG 1996) 52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004) FAR clauses in full text: 52.217-8 -- Option to Extend Services. As prescribed in 17.208(f), insert a clause substantially the same as the following: Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days. (End of Clause) 52.217-9 -- Option to Extend the Term of the Contract. As prescribed in 17.208(g), insert a clause substantially the same as the following: Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 15 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 Years. (End of Clause) 52.252-2 Clauses Incorporated by Reference (Feb 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://farsite.hill.af.mil. (End of Clause) DFARS clauses cited in the clause applicable to this acquisition are: 252.203-7000 Requirements Relating to Compensation of Former DoD Officials (SEP 2011) 252.204-7012 Safegaurding Unclass Controlled Tech Info (NOV 2013) 252.225-7002 Qualifying Country Sources as Subcontractors (DEC 2012) 252.232-7003 Electronic Submission of Payments Request (DEC 2012) 252.232-7010 Levies on Contract Payments (DEC 2006) 252.244-7000 Subcontracts for Commercial Items (JUN 2013) 252.247-7023 Transportation of Supplies by Sea, ALT III (JUN 2013) 242.247-7024 Notification of Transportation of Supplies by Sea ( MAR 2000) (End of Clause) DFARS clauses in full text: 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013) (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 System for Award Management 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). Combo (2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer. Destination (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* -------------------------------------------------------------------------------------------- Field Name in WAWF Data to be entered in WAWF -------------------------------------------------------------------------------------------- Pay Official DoDAAC F67100 Issue By DoDAAC FA7000 Admin DoDAAC FA7000 Inspect By DoDAAC F4BHM0 Ship To Code F4BHM0 -------------------------------------------------------------------------------------------- (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 email address identified below in the "Send Additional Email Notifications" field of WAWF once a document is submitted in the system. Carmen.McClanathan@us.af.mil (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. Carmen.McClanathan@us.af.mil (2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988. (End of clause) AFFARS CLAUSE IN FULL TEXT: 5352.201-9101 Ombudsman (NOV 2012): (a) An ombudsman has been appointed to hear and facilitate the resolution of concerns from offerors, potential offerors, and others for this acquisition. When requested, the ombudsman will maintain strict confidentiality as to the source of the concern. The existence of the ombudsman does not affect the authority of the program manager, contracting officer, or source selection official. Further, the ombudsman does not participate in the evaluation of proposals, the source selection process, or the adjudication of protests or formal contract disputes. The ombudsman may refer the interested party to another official who can resolve the concern. (b) Before consulting with an ombudsman, interested parties must first address their concerns, issues, disagreements, and/or recommendations to the contracting officer for resolution. Consulting an ombudsman does not alter or postpone the timelines for any other processes (e.g., agency level bid protests, GAO bid protests, requests for debriefings, employee-employer actions, contests of OMB Circular A-76 <http://www.whitehouse.gov/omb/circulars/a076/a76_rev2003.pdf> competition performance decisions). (c) If resolution cannot be made by the contracting officer, the interested party may contact the Center/MAJCOM/DRU or AFISRA ombudsmen, Kelly S. Snyder 8110 Industrial Drive, Ste 103 USAFA, CO 80840 Telephone number 719-333-2074 FAX 719-333-2379 Email: Kelly.Snyder@us.af.mil Concerns, issues, disagreements, and recommendations that cannot be resolved at the Center/MAJCOM/DRU or AFISRA level, may be brought by the interested party for further consideration to the Air Force ombudsman, Associate Deputy Assistant Secretary (ADAS) (Contracting), SAF/AQC, 1060 Air Force Pentagon, Washington DC 20330-1060, phone number (571) 256-2397, facsimile number (571) 256-2431. (d) The ombudsman has no authority to render a decision that binds the agency. (e) Do not contact the ombudsman to request copies of the solicitation, verify offer due date, or clarify technical requirements. Such inquiries shall be directed to the Contracting Officer. (End of clause) 252.232-7007 Limitation of Government's Obligation. As prescribed in 232.705-70, use the following clause: LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014) (a) Contract line item(s) [Contracting Officer insert after negotiations] is/are incrementally funded. For this/these item(s), the sum of $ [Contracting Officer insert after negotiations] of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause. (b) For item(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "Termination for Convenience of the Government." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit, and estimated termination settlement costs for those item(s). (c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for a subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph (a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds. The provisions of paragraphs (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly. (e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "Disputes." (f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause. (g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "Default." The provisions of this clause are limited to the work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) and (e) of this clause. (h) Nothing in this clause affects the right of the Government to terminate this contract pursuant to the clause of this contract entitled "Termination for Convenience of the Government." (i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342. (j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule: On execution of contract $ ________ (month) (day), (year) $ ________ (month) (day), (year) $ ________ (month) (day), (year) $ ________ (End of clause) 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) (a) Definition. "Covered DoD official" is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials. (b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2. (End of provision) DFARS 252.209-7993 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW - FISCAL YEAR 2014 APPROPRIATIONS (DEVIATION 2014-O0009) (FEB 2014) (a) In accordance with section 101(a) of Division A of the Continuing Appropriations Act, 2014 (Pub. L. 113-46), none of the funds made available by that Act for DoD (including Military Construction funds) 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) 252.209-7998 REPRESENTATION REGARDING CONVICTION OF A FELONY CRIMINAL VIOLATION UNDER ANY FEDERAL OR STATE LAW (DEVIATION 2012-O0007) (MAR 2012) (a) In accordance with section 514 of Division H of the Consolidated Appropriations Act, 2012, none of the funds made available by that Act may be used to enter into a contract with any corporation that was convicted of a felony criminal violation under any Federal or State 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 further action is not necessary to protect the interests of the Government. (b) The Offeror represents that it is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal or State law within the preceding 24 months. (End of provision) 252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005) (a) Definitions. As used in this provision- (1) "Foreign person" means any person (including any individual, partnership, corporation, or other form of association) other than a United States person. (2) "United States" means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331. (3) "United States person" is defined in 50 U.S.C. App. 2415(2) and means- (i) Any United States resident or national (other than an individual resident outside the United States who is employed by other than a United States person); (ii) Any domestic concern (including any permanent domestic establishment of any foreign concern); and (iii) Any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern. (b) Certification. If the offeror is a foreign person, the offeror certifies, by submission of an offer, that it- (1) Does not comply with the Secondary Arab Boycott of Israel; and (2) Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. 2407(a) prohibits a United States person from taking. (End of provision)
Web Link: FBO.gov Permalink
(https://www.fbo.gov/spg/USAF/DRU/10ABWLGC/FA7000-14-T-0054/listing.html)
Place of Performance: Address: USAFA, Colorado, 80840, United States; Zip Code: 80840
Record: SN03403002-W 20140625/140623234542-779c0650619bf337dc3f049029e97b39 (fbodaily.com)
Source: FedBizOpps Link to This Notice
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