PART 52 -- SOLICITATION PROVISIONS AND CONTRACT CLAUSES
TABLE OF CONTENTS
SUBPART 52.2 – TEXT OF PROVISIONS AND CLAUSES
52.204-9000 Points of Contact
52.204-9001 Contract/Order Closeout
52.211-9000 Requirement to Submit an Electronic Product List (EPL)
52.209-9000 Organizational and Consultant Conflicts of Interest (OCCI)
52.232-9000 Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA)
52.239-9000 Outage Credits
52.239-9001 Data Information Assurance Protection
PART 52 -- SOLICITATION PROVISIONS AND CONTRACT CLAUSES
SUBPART 52.2 – TEXT OF PROVISIONS AND CLAUSES
52.204 Administrative Matters Provisions and Clauses.
As prescribed in 4.103(S-90), insert the following clause:
POINTS OF CONTACT (AUG 2005)
Contracting Officer
Name:
Organization/Office Symbol:
Phone No.:
E-Mail Address:
Contract Specialist
Name:
Organization/Office Symbol:
Phone No.:
E-Mail Address:
Customer/COR/TM Point of Contact
Name:
Organization/Office Symbol:
Phone No.:
E-Mail Address:
Contractor Point of Contact
Contractor Legal Business Name:
DUNS:
CAGE CODE:
Contractor POC:
E-Mail Address:
Phone Number:
Fax Number:
(End of clause)
52.204-9001 Contract/Order Closeout—Fixed-Price, Time-and-Materials, or Labor-Hours
As prescribed in 4.804(S-90), insert the following clause:
CONTRACT/ORDER CLOSEOUT—FIXED-PRICE, TIME-AND-MATERIALS, OR LABOR-HOURS (JAN 2007)
Timely contract closeout is a priority under this contract/order. The Contractor shall submit a final invoice within ninety (90) calendar days after the expiration of this contract/order, unless the Contractor requests and is granted an extension by the Contracting Officer, in writing. In addition, and concurrent with the submission of the final invoice, the Contractor shall notify the Contracting Officer of the amount of excess funds that can be deobligated from this contract/order so the closeout process can begin as soon as possible upon expiration of this contract/order. A bilateral contract/order closeout modification will be forwarded to the Contractor by the Contracting Officer and must be signed by the Contractor and returned to the Contracting Officer within thirty (30) calendar days of issuance of the modification. A Contractor’s failure to respond and/or sign the bilateral closeout modification within thirty (30) calendar days of receipt will constitute approval of the terms of the modification and the modification will subsequently be processed unilaterally by the Contracting Officer to deobligate excess funds and close this contract/order.
If this contract/order contains option periods, the Contractor is required to submit an invoice within ninety (90) calendar days after expiration of the base period of performance and the expiration of each exercised option period of performance to allow for deobligation of excess funds that were obligated in those respective periods of performance.
(End of clause)
52.209 -- Contractor Qualifications Provisions and Clauses.
52.209-9000 Organizational and Consultant Conflicts of Interest (OCCI)
As prescribed in DARS 9.507-1 (S90), insert a clause substantially the same as the following in solicitations and contracts:
ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI)
(DEC 2005)
(a) An offeror shall identify in its proposal, quote, bid or any resulting contract, any potential or actual Organizational and Consultant Conflicts of Interest (OCCI) as described in FAR Subpart 9.5. This includes actual or potential conflicts of interests of proposed subcontractors. If an offeror identifies in its proposal, quote, bid or any resulting contract, a potential or actual conflict of interests the offeror shall submit an Organizational and Consultant Conflicts of Interest Plan (OCCIP) to the contracting officer. The OCCIP shall describe how the offeror addresses potential or actual conflicts of interest and identify how they will avoid, neutralize, or mitigate present or future conflicts of interest.
(b) Offerors must consider whether their involvement and participation raises any OCCI issues, especially in the following areas when:
(1) Providing systems engineering and technical direction.
(2) Preparing specifications or work statements and/or objectives.
(3) Providing evaluation services.
(4) Obtaining access to proprietary information.
(c) If a prime contractor or subcontractor breaches any of the OCCI restrictions, or does not disclose or misrepresents any relevant facts concerning its conflict of interest, the government may take appropriate action, including terminating the contract, in additional to any remedies that may be otherwise permitted by the contract or operation of law.
(End of clause)
AC 11-08
52.211-9000
Approved 04 Mar 2011
52.211-9000 -- Requirement to Submit an Electronic Product List
As prescribed in DARS 211-274-6(S-90), use the following clause:
REQUIREMENT TO SUBMIT AN ELECTRONIC PRODUCT LIST (FEB 2011)
The contractor shall submit the following in addition to complying with all requirements of DFARS 252.211-7003, Item Identification and Valuation:
(a) Complete the Electronic Product List (Appendix L) attached to this contract for all products delivered under this contract. A separate Electronic Product List shall be submitted each time products are delivered under this contract.
(b) The Electronic Product List shall be delivered electronically to the Acceptor identified in DARS clause 52.232-9000, Wide Area Workflow (WAWF) for review and approval. A copy of the Electronic Product List shall also be submitted to the Manpower, Personnel and Security (MPS) Directorate at the following email address: !vendorshipmentflatfiles@disa.mil.
(c) The contractor shall submit the Electronic Product List to the Acceptor and MPS in advance of or concurrently with delivery of products. The Acceptor will not accept products delivered under this contract until the Electronic Product List is approved.
(d) If the Electronic Product List is delivered in advance of the products, the Acceptor will notify the contractor via email if the list is approved or disapproved. If the Electronic Product List is delivered concurrently with the products, acceptance of the products delivered via WAWF will also serve as approval of the Electronic Product List.
(End of clause)
AC 11-05
52.215-9000
Approved 2 Dec 2010
52.215-1 -- Instructions to Offerors -- Competitive Acquisition.
52.215-9000 -- Cross Reference Matrix
(a) The purpose of the cross reference matrix is to show critical interrelationships and dependencies among the Work Breakdown Schedule (WBS), Statement of Objective (SOO), Contract Line Items (CLINs), Contract Data Requirements List (CDRL) and Information to Offerors (ITOs). The matrix ensures that all requirements are addressed, requirements do not conflict and solicitation sections are internally consistent.
(b) Cross Referencing. To the greatest extent possible, each proposal volume shall be written on a stand-alone basis so that its contents may be evaluated with a minimum of cross referencing to other volumes of the proposal. Information required for proposal evaluation which is not found in its designated volume will be assumed to have been omitted from the proposal.
(1) Cross referencing within a proposal volume is ONLY permitted where its use would conserve space without impairing clarity. Otherwise, cross referencing within a proposal volume is not permitted.
(2)
The offeror shall fill out the cross reference matrix at Attachment _______of this ITO indicating the proposal reference information as it relates to the ITO, SOW/SOO/PWS, CLIN numbers, and CDRL references found therein.
The offeror shall provide a cross reference matrix indicating, by ITO, SOW/SOO/PWS, and/or specification paragraph number, the corresponding proposal paragraph in that section which addresses the referenced item.
(c) Cross Reference Matrix f
or Prospective Offerors: See paragraph (b) of this provision regarding instructions for completion of the solicitation Cross Reference Matrix. If this matrix conflicts with any other requirement, direction or provision of this solicitation, the other reference shall take precedence over this matrix. Additionally, to the extent this matrix discloses details as to the extent or manner by which the Government intends to evaluate offeror’s proposals for award, Section M references in the matrix are for information purposes only and the Government shall be obligated to evaluate proposals solely in conformance with the provisions of the Section M of the solicitation. An example of the format is shown below:
SOLICITATION CROSS REFERENCE MATRIX | ||||||||||
REQ. |
WORK |
WBS |
CLIN |
Section |
Section |
Proposal |
SOW |
CDRL |
IMP |
SOO |
DOC. |
REQ |
LEVEL |
L |
M |
||||||
3.2.2 |
Design B |
2 |
0001 |
N/A |
||||||
3.3.3 |
Build A |
2 |
0002 |
3.B.2 |
A001 |
(End of clause)
52.232-9000 Wide Area WorkFlow (WAWF)
As prescribed in 232.7004(S-90), use the following clause:
WIDE AREA WORKFLOW (WAWF) (3 OCT 2008)
(a) As prescribed in DFARS clause 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports (Mar 2008), Contractors must submit payment requests in electronic form. Paper copies will no longer be accepted or processed for payment unless the conditions of DFARS clause 252.232-7003(c) apply. To facilitate this electronic submission, the Defense Information Systems Agency (DISA) has implemented the DoD sanctioned Wide Area WorkFlow (WAWF) for contractors to submit electronic payment requests and receiving reports. The contractor shall submit electronic payment requests and receiving reports via WAWF. For payment problems related to WAWF, the contractor should contact the Acceptor identified.
(b) Definitions:
Acceptor: Contracting Officer’s Representative, Task Monitor, or other government acceptance official as identified in the contract/order.
Local Processing Office (LPO): Government office responsible for certifying invoices.
Pay Official: Defense Finance and Accounting Service (DFAS) payment office identified in the contract/order.
SHIP To/Service Acceptor DoDAAC: Acceptor DoDAAC or DCMA DoDAAC (as specified in the contract/order).
LPO DoDAAC: Certifying Office DoDAAC (only required when the Payment Office DoDAAC is HQ0251 and the LPO DoDAAC field is marked as mandatory in WAWF).
DCAA Auditor DoDAAC: Used when DCAA invoice approval is required by the contract/order and the field is marked as mandatory in WAWF-RA. (Click the DCAA Audit Office Locator Link in WAWF and enter zip code of your CAGE code address).
(c) WAWF Contractor Input Information - ** IMPORTANT! **
The contractor shall use the following information in creating electronic payment requests in WAWF:
To create electronic payment requests and receiving reports, go to the following WAWF production website at https://wawf.eb.mil .
Invoice Type in WAWF:
If billing for Materials Only or a combination of Materials and Services, select “Invoice and Receiving Report (Combo)”.
If billing for Services Only, select “2-n-1 (Services Only)”
If billing for Cost-Reimbursement, Time-and-Materials, and Labor Hour- Contracts, select “Cost Voucher”
(**Cost Vouchers require invoices to be sent to DCAA for approval, therefore a DCAA DoDAAC is required A letter of “DCAA Approval for Direct Invoice Submittal” is required to be attached to all Direct-Bill Cost Vouchers.**)
Acceptor: (Contracting Officer/Specialist must insert the following information)
Ship To/Service Acceptor DoDAAC:
Name:
Phone Number:
E-Mail:
LPO: (Contracting Officer/Specialist must insert one of the following LPOs information for the appropriate location only if the Payment Office DoDAAC is HQ0251. Delete this LPO field from the clause if the Payment Office DoDAAC will be other than HQ0251 ).
LPO DODAAC: HC1013
LPO Inquiry Phone Number: 618-229-9228
LPO DODAAC: HC1019
LPO Inquiry Phone Number: 808-472-0564
LPO DODAAC: HC1021
LPO Inquiry Phone Number: 011-49-6302-677322
Pay Official: Pay DoDAAC: (Contracting Officer/Specialist must insert Pay Official DoDAAC. Pay official DODAAC must match Payment Office information on the front of the solicitation/contract/order) Note: For Pay DoDAAC HQ0131, do not use a LPO DoDAAC.
For payment processing questions, contact the following DFAS office as specified in the contract/order:
Columbus Center -- 1-800-756-4571
HQ0131 – Option 2, then Option 2
HQ0251 – Option 2, then Option 1 or call the respective LPO inquiry phone number, listed above.
E-Mail Notifications:
For Acceptors: To facilitate payment processing, the contractor shall send an additional e-mail notification to the Acceptor by clicking on the “Send More Email Notifications” link after submitting a document in WAWF.
(d) Points of Contact: Reference clause 52.204-9000, Points of Contact, for Contracting Officer, Contract Specialist, Customer/COR/TM and Contractor Points of Contact information.
(e) Information: Additional DISA WAWF guidance and information for both contractor and government personnel is available at http://www.ditco.disa.mil/hq/WAWF/.
(End of clause)
As prescribed in DARS 239.7411(e), use the following clause:
OUTAGE CREDITS (FEBRUARY 2006)
(a) Credits for outage (interruption) of service will be provided to the Government by the contractor in accordance with its tariff provisions. In the event such tariff provisions do not exist, the following schedule shall be used to determine the credit (one day equals 1/30th of the Monthly Recurring Charge (MRC)) due the Government during each monthly billing period:
INTERRUPTIONS OF 24 HOURS OR LESS
Less than 30 Minutes None
30 Minutes but less than 3 Hours 1/8 Day
3 Hours but less than 6 Hours 1/4 Day
6 Hours but less than 9 Hours 1/3 Day
9 Hours but less than 12 Hours 1/2 Day
12 Hours but less than 24 Hours One Day
INTERRUPTIONS OVER 24 HOURS
Credit of 1/30th of the MRC (or the foreign dollar equivalent) for each day of outage until service is restored.
(b) Outage credits do not apply for:
1) Interruptions caused by the negligence of the Government or others authorized by the Government to use the Government's service.
2) Interruptions due to the failure of power, equipment, systems or connections not provided by Contractor or subcontractors.
3) Interruptions during any period when the Government or User has released a private line service for maintenance or rearrangement purposes, or for the implementation of a Government order.
4) Interruptions that continue because of the Government's failure to authorize replacement of any element of special construction. The period for which credit is not allowed begins on the seventh day after the Government receives the contractor’s written notification of the need for such replacement. It ends on the day after receipt of the Government's written authorization for such replacement.
5) Interruptions during periods when the Government elects not to release the private line service for testing and/or repair.
6) An interruption, or group of interruptions, resulting from a common cause, for amounts less than $1.00 (or the foreign dollar equivalent).
(c) Outage credits will be due no later than the next Billing Cycle/Month following the outage. Each credit will identify the Communication Service Authorization (CSA) and Commercial Circuit Number (CCN) as well as the time, date and duration of the outage/outages.
(End of clause)
52.239.9001. Data Information Assurance Protection
As prescribed in DARS 239.7103 (b), use the following clause:
DATA INFORMATION ASSURANCE PROTECTION (JULY 2006)
(a) The contractor shall protect and safeguard sensitive Government Provided Information (GFI) and data from inadvertent disclosure, misuse, display, theft, and unauthorized actions that would destroy or render the information unavailable for specific government use. Should the contractor, or one of his/her employees, make any inadvertent or any unauthorized disclosure(s) or willfully participate in activities that result in detrimental harm to the protection and safeguarding of sensitive (GFI) and data, such actions may be considered to be a breach of this contract and the terms of the Default clause may be invoked. The contractor shall afford safeguarding consistent with the protection requirements identified by the government until such time the government deems the information/data is no longer sensitive and provides corresponding written notification to the contractor.
(b) All contractor and support contractor personnel with access to DISA and DOD Information Systems shall complete initial information assurance awareness and annual refresher training in accordance with DOD Directive, 8570.1, IA Training, Certification, and Workforce Management.
(c) To support IA professionals, the DoD IA Portal (IA Support Environment (IASE)) provides DOD IA policy-training requirements and DoD sponsored training. The IA Portal is located at http://iase.disa.mil. This site also provides access to DOD Directive 8500.1, Information Assurance (IA), and DOD 8570.1-M, Information Assurance Workforce Improvement Program.
(End of clause)