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DARS PART 52 -- SOLICITATION PROVISIONS AND CONTRACT CLAUSES



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

52.209-9000 Organizational and Consultant Conflicts of Interest (OCCI)

52.211-9000 Requirement to Submit an Electronic Product List (EPL)

52.215-9000 Cross Reference Matrix

52.232-9000 Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA)

52.237-9000 Key Personnel

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.

52.204-9000 Points of Contact

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:

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 (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 -- 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 (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 (NOV 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 (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/contracts/IT_instruct.asp. 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: !vendorshipmentflatfiles@disa.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)

52.215-1 -- 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.

(2)

(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) (JUL 2011)

(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: Administrative Contracting Officer (ACO), Contracting Officer (KO), Contracting Officer’s Representative (COR), or other government acceptance official as identified in the contract/order. The Administrative Contracting Officer (ACO) has the sole authority for approving final payment requests for cost-reimbursement type contracts.

Direct Bill Voucher – Cost vouchers that are routed directly to the payment office. A copy is routed to the Acceptor’s history folder.

Non-direct Bill Voucher – Cost vouchers that are routed to DCAA for provisional approval of payment. A copy is routed to the Acceptor’s history folder.

Final Voucher – The last cost voucher that is routed to the ACO for approval. A copy is routed to the DCAA history folder.

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).

DCAA Auditor DoDAAC: Used when DCAA interim cost voucher 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:

(d) Procedures for submitting proper Cost Voucher:

Contractor(s) shall click on the “Direct Bill Authority Look Up” link on the Vendor Sidebar in WAWF to determine if your contract is under Direct Bill or Non Direct Bill.

Enter the Vendor Cage Code e.g., 7l329 and Click Submit.

Submit the correct type of voucher based on procedures provided below:

Direct-Bill Interim Voucher:

- Coordinate with the Contracting Officer’s Representative (COR), or other government

official responsible for monitoring contractor performance as identified in the contract/order

prior to submitting voucher in WAWF.

- Contractor shall attach the Standard Form (SF) 1034 and (SF) 1035 continuation sheet to the cost voucher.

- DCAA letter of approval for Direct Invoice Submittal shall be attached to first Direct-Bill cost voucher submitted under this contract.

- DFAS (pay official) reviews voucher and if proper for payment, renders payment

Non Direct- Bill Interim Voucher:

- Coordinate with the Contracting Officer’s Representative (COR) or other government

official responsible for monitoring contractor performance as identified in the contract/order

prior to submitting voucher in WAWF.

- Contractor shall attach the Standard Form (SF) 1034 and (SF) 1035 continuation sheet to the

cost voucher.

- Contractor shall include DCAA Auditor DoDAAC 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).

- DCAA reviews claimed cost and if proper for payment, approves voucher and routes to DFAS for payment

- DFAS (pay official) reviews voucher and if proper for payment, renders payment

Final Voucher:

- Coordinate with the Contracting Officer’s Representative (COR), or other government official responsible for monitoring contractor performance as identified in the contract/order prior to submitting invoice in WAWF.

- The assigned ACO is the only Service Approver/Acceptor and takes action on Final Voucher (FV) before it is routed to the payment office. The DCAA Auditor/ Inspector has no action in WAWF for final vouchers.

(e) Administrative Information:

Alternate Acceptor : Ship To/Service Acceptor DoDAAC:

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

E-Mail Notifications: To facilitate payment processing, the contractor shall send an

additional e-mail notification to the Service Acceptor, COR (for cost vouchers) and Contracting Officer (KO) by clicking on the “Send More Email Notifications” link after submitting a document in WAWF.

Points of Contact: Reference clause 52.204-9000, Points of Contact, for Contracting

Officer, Contract Specialist, Customer/COR/ and Contractor Points of Contact information.

WAWF Information: Additional DISA WAWF guidance and information for both

52.237-9000 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

   
   
   
   
   
   
   

52.239-9000 Outage Credits.

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

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:

(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)

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