PART 52 -- SOLICITATION PROVISIONS AND CONTRACT CLAUSES
TABLE OF CONTENTS
SUBPART 52.2 – Text of Provisions and Clauses
52.204-9001 Contract/Order Closeout—Fixed-Price, Time-and-Materials, or Labor-Hours
52.209-9000 Organizational and Consultant Conflicts of Interest (OCCI)
52.211-9000 Requirement to Submit an Electronic Product List
52.215-9000 Cross Reference Matrix
52.216-9000 Ordering Procedures for External Agencies
52.232-9001 Funds Not Presently Available
52.232-9002 Electronic Invoicing for Telecommunications Services
52.232-9003 Contract Payments – Delivery Ticket Invoice
52.239.9001 Data Information Assurance Protection
PART 52 -- SOLICITATION PROVISIONS AND CONTRACT CLAUSES
SUBPART 52.2 – TEXT OF PROVISIONS AND CLAUSES
As prescribed in 4.103(S-90), insert the following clause:
POINTS OF CONTACT (AUG 2005)
Contracting Officer (KO)
Name:
Organization/Office Symbol:
Phone No.:
E-Mail Address:
Contract Specialist
Name:
Organization/Office Symbol:
Phone No.:
E-Mail Address:
COR/Mission Partner Point of Contact (Note: To be filled in upon contract award)
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 (KO), 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)
52.209-9000 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 (KO). 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)
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 (SEP 2012)
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 (EPL) attached to this contract for all products delivered under this contract. If a copy of the EPL has not been provide with the contract document, the EPL can be downloaded from the following location: https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=government_property.. A separate EPL shall be submitted each time products are delivered under this contract, including when products are replaced through a warranty or service support.
(b) The EPL shall be delivered electronically for review and approval to the Acceptor identified as the Customer/COR/TM Point of Contact in the clause at 52.204-9000, Points of Contact if method of payment is via the government purchase card, or the Acceptor identified in the clause at 52.232-9000, Wide Area Workflow (WAWF) for contracts process through WAWF. A copy of the EPL shall also be submitted to the Manpower, Personnel and Security (MPS) Directorate at the following email address: disa.meade.mps.mbx.mps7-facilities-and-real-property-div@mail.mil.
(c) The contractor shall submit the EPL 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 EPL is approved.
(d) If the EPL is delivered in advance of the products, the Acceptor will notify the contractor via email if the list is approved or disapproved. If the EPL is delivered concurrently with the products, acceptance of the products delivered via WAWF will also serve as approval of the EPL.
(End of clause)
52.215-9000 Cross Reference Matrix
As prescribed in 15.204-5(S-90), use the following provision:
CROSS REFERENCE MATRIX (DEC 2010)
(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 provision)
AC 12-09
Approved 10 Dec 2012
52.216-9000 Ordering Procedures for External Agencies
As prescribed in 16.506 (S-90), insert the following clause:
ORDERING PROCEDURES FOR EXTERNAL AGENCIES (DEC 2012)
(a) An external agency is any contracting office outside of DISA.
(b) For any order to be placed by External Agency, where the total estimated cost is expected to exceed $10,000,000, approval shall be obtained from the Contracting Officer prior to the start of processing the requirement. The contractor shall also notify the Contracting Officer prior to responding to any Request for Proposal when the proposed total estimated cost will exceed $10,000,000. The notification to the Contracting Officer shall be made via e-mail to {insert email address}. This clause does not apply to orders expected to have a total estimated cost of less than $10,000,000. External agency orders shall be issued as authorized by the terms and conditions of the contract, BPA, BOA, task order guidelines, the FAR, DFARS, and their own agency procedures.
(c) The External Agency Contracting Officer will be the contracting officer for task orders awarded under this contract, BPA or BOA by an external agency contracting office. All of the task orders are negotiable and agency decisions and determinations for the task order will be made by the External Agency Contracting Officer. These issues must be resolved consistently with External Agency procedures oversight.
(d) The following procedures apply to external agencies placing orders against this contract, BPA or BOA:
(1) The External Agency Contracting Officer shall add the Contract Line Item Number (CLIN) set forth in Section B, entitled External Ordering Agency Fee, to add a 1% fee to each order placed under this contract. Modifications that increase the total order amount shall adjust the amount of this CLIN to account for the modification increase. NOTE: The contractor shall reject all orders and modifications that do not include the 1% fee.
(2) The External Agency Contracting Officer shall not use any order numbers which are identified by using serial numbers with 0001 thru 9999. DoD agencies should use ordering numbers as specified in DFARS 204.7004(d)(2)(i). Non-DoD federal agencies may use any numbering system provided it does not conflict with either of these numbering systems.
(e) The following reporting procedures apply to contractors receiving external orders.
(1) The contractor shall provide a copy of the order and all modifications electronically to disa.scott.ditco.mbx.pl83-decentralized-order-info@mail.mil quarterly in conjunction with paragraphs (e)(2), (3) and (4).
(2) Quarterly, the contractor shall submit a check made payable to DITCO/CFE811 to pay the required 1% fee on all payments received from external orders during the prior quarter. Payment is due the 30th of the month following the end of the calendar year quarter.
(3) Quarterly, the contractor shall submit the Quarterly Progress Report for Orders placed by any non-DITCO Office (Decentralized Orders) Spreadsheet for Decentralized Ordering (Attachment {insert #}) to DISA/CFE811, 2300 East Drive, ATTN: CFE811, Scott AFB IL 62225-5406. The spreadsheet is due the 30th of the month following the end of the calendar year quarter. Submit the report with the check.
(4) Quarterly, the contractor shall submit an electronic copy of the spreadsheet entitled Quarterly Progress Report for Orders placed by any non-DITCO Office (Decentralized Orders) Spreadsheet for Remote Ordering (Attachment {insert #}) to disa.scott.cfe.list.cfe81-personnel@mail.mil and disa.scott.ditco.mbx.pl83-decentralized-order-info@mail.mil. The spreadsheet is due the 30th of the month following the end of the calendar year quarter. If External Agencies have issued orders against the contract, BPA or BOA, but no payments were received during the quarter, send the spreadsheet to disa.scott.ditco.mbx.pl83-decentralized-order-info@mail.mil and state in the email no payments were received for the quarter.
(5) An entry shall be made on the spreadsheet for each order, and modification(s) that increase or decrease the amount of the basic order.
(6) The contractor may remit the DITCO fee using one check for all payments received in the prior quarter.
(7) The spreadsheet shall be cumulative of all orders placed by External Agencies during the life of the contract, BPA or BOA.
(8) Customer Department on the spreadsheet should reflect the ordering agency that places the order. For example, if the ordering agency is a military department, insert the appropriate department, such as Air Force or Army; if the ordering agency is another DoD agency, insert the agency name, such as Defense Logistics Agency (DLA); if the ordering agency is a federal agency, insert the department name, such as Department of Justice (DoJ).
(f) The Government may audit the contractor's books with relation to any orders issued by an External agency.
(g) Schedule - Checks and spreadsheets are required in accordance with the following schedule:
Quarter Due Date
Jan, Feb, Mar 30 Apr
Apr, May, June 30 Jul
Jul, Aug, Sep 30 Oct
Oct, Nov, Dec 30 Jan
(End of Clause)
52.232-9001 Funds Not Presently Available
As prescribed in 32.703-90, use the following solicitation provision:
FUNDS NOT PRESENTLY AVAILABLE (JUL 2012)
“Notice to Offerors: Funds are not presently available for this effort. No award will be made under this solicitation until funds are available. The Government reserves the right to cancel this solicitation, either before or after the closing date. In the event the Government cancels this solicitation, the Government has no obligation to reimburse an offeror for any costs.”
(End of provision)
Approved 26 Oct 2012
52.232-9002 Electronic Invoicing for Telecommunications Services
As prescribed in 232.7004 (S-91), use the following clause:
ELECTRONIC INVOICING FOR TELECOMMUNICATIONS SERVICES (DEC 2012)
Electronic invoices shall be submitted to the Defense Financial and Accounting Services (DFAS) for telecommunications services. For further details and instructions go to: http://www.dfas.mil/contractorsvendors/faqs.html, or contact DFAS Systems Support Operations at CCO-FAB@DFAS.mil or DFAS customer service at 800-756-4571, option 2, then option 1.
(End of clause)
AC 12-10
Approved 26 Oct 2012
52.232-9003 Contract Payments – Delivery Ticket Invoice
As prescribed in 32.1110 (S-90), use the following clause:
CONTRACT PAYMENTS - DELIVERY TICKET INVOICE (DEC 2012)
Payments for eligible Communications Service Authorization(s) issued under this agreement/contract shall be made by the US Government using the Delivery Ticket Invoice (DTI) contract payment method. The DTI contract payment method is authorized by Volume 10, Chapter 7, Section 070203 of the Department of Defense Financial Management Regulation (FMR). As prescribed by the FMR, DTI payments will be provided automatically by the US Government. The vendor shall not submit invoices for telecommunication services provided under the CSA agreement/contract. Any invoices submitted by the vendor will be considered invalid. Each DTI document created by the Contracting Officer shall form the basis for payment for each accepted telecommunication service.
Upon acceptance of the telecommunications service by the Government, the Contracting Officer shall issue a DTI document to the vendor within 30 days. The DTI document, which contains the FMR elements required for a valid invoice, will be revised when any element is changed, and will supersede any previous DTI document(s). It is the responsibility of the vendor to notify the Contracting Officer of any conflict between the contract price and the amount authorized by the DTI document.
Payments will be processed by: DFAS Columbus (HQ0252), P.O. Box 183125, Columbus, OH 43218-3125
DFAS point of contact for payment problems: 1-800-756-4571.
(End of clause)
As prescribed in 37.190, use the following clause:
KEY PERSONNEL (AUG 2011)
The personnel listed below are considered essential to the work being performed hereunder. Prior to substituting, removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the Contracting Officer (KO) 15 working days in advance and shall submit a written request and justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this Contract. The proposed substitution of personnel must meet or exceed the education, experience, and other technical requirements of the personnel being replaced. No change in personnel shall be made by the Contractor without the prior written consent of the Contracting Officer. However, in urgent situations, as determined or agreed to by the Contracting Officer, an oral request to substitute key personnel may be approved and subsequently ratified by the Contracting Officer in writing. Such ratification shall constitute the consent of the Contracting Officer required by this paragraph. The Contracting Officer will notify the Contractor within 10 working days after receipt of all required information of the decision on the substitution(s). In the event the proposed substitution of key personnel does not meet or exceed the education, experience, and other technical requirements of the personnel being replaced, the Government reserves the right to require continued performance of previously approved key personnel or to require substitution of acceptable replacements for the individuals specified below. The key personnel listed below may, with the consent of the contracting parties, be amended from time to time during the course of the Contract to either add or delete personnel as appropriate.
[To be determined by the Government on review of technical/Management Proposals]
Name |
Position/Labor Category |
(End of clause)
As prescribed in DARS 239.7411(S-90), 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
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, 8570.01, IA Training, Certification, and Workforce Management. Contractors shall submit their proof training or certification to the Contracting Officer’s Representative within 30 days of contract award.
(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)