Part 31 - Contract Cost Principles and Procedures. Part 32 - Contract Financing. Part 33 Protests, Disputes, and Appeals. Part 34 - Major System Acquisition. Part 35 - Research and Development Contracting.
Part 36 - Construction and Architect-Engineer Contracts. Part 37 - Service Contracting. Part 38 - Federal Supply Schedule Contracting. Part 39 - Acquisition of Information Technology. Part 40 - Reserved. Part 41 - Acquisition of Utility Services.
Part 42 - Contract Administration and Audit Services. Part 43 - Contract Modifications. Part 44 - Subcontracting Policies and Procedures. Part 45 - Government Property. Part 46 - Quality Assurance. Part 47 - Transportation. Part 48 - Value Engineering. Part 49 - Termination of Contracts. Part 50 - Extraordinary Contractual Actions and the safety act. Part 51 - Use of Government Sources by Contractors. Part 52 - Solicitation Provisions and Contract Clauses.
The comments will be retained as long as the associated information is retained, i. Contractor comments will remain a part of the record unless the Contractor revises them. Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U. Subsidiary means an entity in which more than 50 percent of the entity is owned-. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause.
The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section of the Arms Control and Disarmament Act 22 U. For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.
Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation.
However, the following statements in the annual report are not equivalent to a determination of violation:. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.
To the extent feasible, the Department of State will respond to such email inquiries within 3 business days. The certification in paragraph b 1 of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.
Covered agency means—. Institution of higher education means an institution that meets the requirements of 20 U. Except as provided in paragraph c of this clause, an institution of higher education is ineligible for contract award if the Secretary of Defense determines that the institution has a policy or practice regardless of when implemented that prohibits or in effect prevents—.
The limitation in paragraph b of this clause does not apply to an institution of higher education if the Secretary of Defense determines that—. As prescribed in Telephone Facsimile Additional copies will be issued for a fee.
The request should identify the solicitation number and the specification requested by date, title, and number, as cited in the solicitation. Material Requirements Aug New means composed of previously unused components, whether manufactured from virgin material, recovered material in the form of raw material, or materials and by-products generated from, and reused within, an original manufacturing process; provided that the supplies meet contract requirements, including but not limited to, performance, reliability, and life expectancy.
Reconditioned means restored to the original normal operating condition by readjustments and material replacement. Recovered material means waste materials and by-products recovered or diverted from solid waste, but the term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. Remanufactured means factory rebuilt to original specifications. Virgin material means-. Brand Name or Equal Aug The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation.
Mark any descriptive material to clearly show the modifications. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Alternatives to Government-Unique Standards Nov Acceptance of the alternative standard is a unilateral decision made solely at the discretion of the Government.
The offeror may submit an offer that complies with the Government-unique standards specified in this solicitation, in addition to any proposed alternative standard s. The Government will evaluate equally, as regards time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected.
The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above.
If the offeror proposes no other delivery schedule, the required delivery schedule above will apply. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day award is dated. Therefore, the offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails.
The term "working day" excludes weekends and U. Federal holidays. If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected. If the delivery schedule is expressed in terms of specific calendar dates or specific periods and is based on an assumed date of award, the contracting officer may substitute the following paragraph b for paragraph b of the basic clause. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the contract is in fact awarded.
Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed or otherwise furnished to the successful offeror results in a binding contract.
If the delivery schedule is expressed in terms of specific calendar dates or specific periods and is based on an assumed date the contractor will receive notice of award, the contracting officer may substitute the following paragraph. Each delivery date in the delivery schedule above will be extended by the number of calendar days after the above date that the Contractor receives notice of award; provided, that the Contractor promptly acknowledges receipt of notice of award.
Alternate III Apr If the delivery schedule is to be based on the actual date the contractor receives a written notice of award, the contracting officer may delete paragraph b of the basic clause. The time may be expressed by substituting "within days after the date of receipt of a written notice of award" as the heading for the third column of paragraph a of the basic clause.
If the offeror is unable to meet the desired delivery schedule, it may, without prejudicing evaluation of its offer, propose a delivery schedule below. Offers that propose delivery of a quantity under such terms or conditions that delivery will not clearly fall within the applicable required delivery period specified above, will be considered nonresponsive and rejected.
If the offeror proposes no other delivery schedule, the desired delivery schedule above will apply. The Government will mail or otherwise furnish to the offeror an award or notice of award not later than the day the award is dated.
Therefore, the offeror shall compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. If the delivery schedule is expressed in terms of specific calendar dates or specific periods and is based on an assumed date the contractor receives notice of award, the contracting officer may substitute the following paragraph b for paragraph b of the basic clause.
The time may be expressed by substituting "within days after the date of receipt of a written notice of award" as the heading of the third column of paragraph a of the basic clause. The clause may be changed to accommodate the issuance of orders under indefinite-delivery contracts for construction. Commencement, Prosecution, and Completion of Work Apr If the completion date is expressed as a specific calendar date, computed on the basis of the contractor receiving the notice to proceed by a certain day, add the following paragraph to the basic clause:.
The completion date will be extended by the number of calendar days after the above date that the Contractor receives the notice to proceed, except to the extent that the delay in issuance of the notice to proceed results from the failure of the Contractor to execute the contract and give the required performance and payment bonds within the time specified in the offer.
These liquidated damages are in addition to excess costs of repurchase under the Termination clause. Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered.
The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule. Defense Priority and Allocation Requirement Apr This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation 15 CFR Variation in Quantity Apr The Contractor is responsible for the delivery of each item quantity within allowable variations, if any.
If the Contractor delivers and the Government receives quantities of any item in excess of the quantity called for after considering any allowable variation in quantity , such excess quantities will be treated as being delivered for the convenience of the Contractor.
Variation in Estimated Quantity Apr If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above percent or below 85 percent of the estimated quantity.
If the quantity variation is such as to cause an increase in the time necessary for completion, the Contractor may request, in writing, an extension of time, to be received by the Contracting Officer within 10 days from the beginning of the delay, or within such further period as may be granted by the Contracting Officer before the date of final settlement of the contract.
Upon the receipt of a written request for an extension, the Contracting Officer shall ascertain the facts and make an adjustment for extending the completion date as, in the judgement of the Contracting Officer, is justified.
Instructions to Offerors-Commercial Items Sep The NAICS code s and small business size standard s for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is employees if the acquisition—.
Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation.
Offers may be submitted on the SF , letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—. This may include product literature, or other documents, if necessary;. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.
The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.
When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items provided that the alternative line items are consistent with subpart 4.
Each offer submitted will be evaluated separately. If no time is specified in the solicitation, the time for receipt is p. A If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than p. C If this solicitation is a request for proposals, it was the only proposal received. Oral offers in response to oral solicitations may be withdrawn orally.
If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.
The Government intends to evaluate offers and award a contract without discussions with offerors. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary.
The Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.
Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the System for Award Management SAM. 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. The EFT indicator is a four-character suffix to the unique entity identifier.
If the Offeror does not have a unique entity identifier, it should contact the entity designated at www. The Offeror should indicate that it is an offeror for a Government contract when contacting the entity designated at www. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:. Evaluation-Commercial Items Oct The following factors shall be used to evaluate offers:.
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. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs c through v of this provision. Economically disadvantaged women-owned small business EDWOSB concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part Forced or indentured child labor means all work or service—.
Inverted domestic corporation , means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U. Manufactured end product means any end product in product and service codes PSCs , except—. Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government.
If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. Reasonable inquiry has the meaning provided in the clause Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of Pub.
Restricted business operations do not include business operations that the person as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of conducting the business can demonstrate—. Sensitive technology —. Service-disabled veteran-owned small business concern —.
Small business concern —. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. Small disadvantaged business concern , consistent with13 CFR CFR Subsidiary means an entity in which more than 50 percent of the entity is owned—. Veteran-owned small business concern means a small business concern—. Women-owned small business WOSB concern eligible under the WOSB Program in accordance with 13 CFR part , means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
Women-owned small business concern means a small business concern—. Any changes provided by the Offeror in paragraph b 2 of this provision do not automatically change the representations and certifications in SAM. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.
Check all that apply. Note: Complete paragraphs c 8 and c 9 only if this solicitation is expected to exceed the simplified acquisition threshold. The offeror represents that-. By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract.
Applies only if the clause at FAR A The Offeror certifies that each end product, except those listed in paragraph g 1 ii or iii of this provision, is a domestic end product. Other Foreign End Products:. Canadian End Products:. Canadian or Israeli End Products:. If Alternate III to the clause at Other End Products:. The Government will consider for award only offers of U. Applies only if the contract value is expected to exceed the simplified acquisition threshold.
A The tax liability is finally determined. B The taxpayer is delinquent in making payment. A The taxpayer has received a statutory notice of deficiency, under I. B The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I. C The taxpayer has entered into an installment agreement pursuant to I. D The taxpayer has filed for bankruptcy protection.
The offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract.
On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products. For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly-. Not applicable if the offeror is required to provide this information to the SAM to be eligible for award.
Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;. Offeror is an agency or instrumentality of a foreign government;. Offeror is an agency or instrumentality of the Federal Government. Corporate entity not tax-exempt ;. Corporate entity tax-exempt ;. Government entity Federal, State, or local ;.
International organization per 26 CFR1. Offeror is not owned or controlled by a common parent;. Name and TIN of common parent:. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.
Unless a waiver is granted or an exception applies as provided in paragraph o 3 of this provision, by submission of its offer, the offeror-. Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation. If the Offeror has more than one immediate owner such as a joint venture , then the Offeror shall respond to paragraph 2 and if applicable, paragraph 3 of this provision for each participant in the joint venture.
Applies in all solicitations that include the provision at Applies in all solicitations that require offerors to register in SAM Section a 1 A and section a 1 B of Public Law Alternate I Oct The Contractor shall only tender for acceptance those items that conform to the requirements of this contract.
The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.
The Government must exercise its post-acceptance rights-. 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. However, when a third party makes payment e. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.
This contract is subject to 41 U. 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 The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract. The clause at FAR The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers.
The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. An invoice must include-.
The Contractor shall include its TIN on the invoice only if required elsewhere in this contract. 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.
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. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.
If the Government makes payment by EFT, see 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. 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-.
A Circumstances of the overpayment e. 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. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U. The Contracting Officer will issue a final decision as required by 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 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. 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. 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:.
The contract price includes all applicable Federal, State, and local taxes and duties. 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. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.
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. 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.
The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. 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.
The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract. The Contractor agrees to comply with 31 U. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:. When a time-and-materials or labor-hour contract is contemplated, substitute the following paragraphs a , e , i , l , and m for those in the basic clause.
The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance.
The Government will perform inspections and tests in a manner that will not unduly delay the work. Except as otherwise specified in paragraph a 6 of this clause, the cost of replacement or correction shall be determined under paragraph i of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent.
The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken.
A By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or.
C Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control. A Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;.
B Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;. C Other direct costs e. D The following subcontracts for services which are specifically excluded from the hourly rate: [ Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.
The Government will pay the Contractor as follows upon the submission of commercial invoices approved by the Contracting Officer:. A The amounts shall be computed by multiplying the appropriate hourly rates prescribed in the contract by the number of direct labor hours performed. Fractional parts of an hour shall be payable on a prorated basis. B The rates shall be paid for all labor performed on the contract that meets the labor qualifications specified in the contract.
Labor hours incurred to perform tasks for which labor qualifications were specified in the contract will not be paid to the extent the work is performed by individuals that do not meet the qualifications specified in the contract, unless specifically authorized by the Contracting Officer. C Invoices may be submitted once each month or at more frequent intervals, if approved by the Contracting Officer to the Contracting Officer or the authorized representative.
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