Previous PageTable Of ContentsSOFARS

SOFARS Part 5652



SOFARS PART 5652
SOLICITATION PROVISIONS AND CONTRACT CLAUSES

SUBPART 5601 - FEDERAL ACQUISITION REGULATION SYSTEM

SUBPART 5652.1 - INSTRUCTIONS FOR USING PROVISIONS AND CLAUSES.

5652.107 Provisions and Clauses Prescribed in Subpart 52.1.

Contracting officers shall insert the clause, 5652.252-9000, Notice of Incorporation of Section K, in all solicitations and contracts.

SUBPART 5652.2 TEXT OF PROVISIONS AND CLAUSES.

5652.201-9000 Contracting Officer's Representative (2000) Section I

Contracting officers shall insert the following in solicitations and contracts when DFARS 252.201-7000 "Contracting Officer's Representative" is included as per 5601.602-2-70(e). COR information should not be included in the solicitation.

(a) In accordance with DFARS 252.201-7000 the Contracting Officer may appoint one or more Government employees as Contracting Officer's Representatives (CORs).

(b) The appointments will be in writing, signed by the Contracting Officer, and set forth the authority granted to and the limitations of the COR. The contractor shall acknowledge receipt of appointment letters in writing and forward one signed copy back to the Contracting Officer.

(c) The Contracting Officer will notify the Contractor in writing of COR appointment changes or revocations.

To be completed after contract award:

(d) The COR appointed to this contract is fill in name and can be reached at:


Phone number: _______________________________
E-mail: _____________________________________
Address: ____________________________________
___________________________________________

5652.201-9001 Technical Representative (2000) Section I

In accordance with 5601.602-2-70(f), Contracting officers may insert the following in solicitations and contracts when the Contracting Officer determines there is a need to identify a technical interface for the contractor. This clause shall not be inserted when DFARS 252.201-7000, "Contracting Officer's Representative" is included. The technical representative information should not be included in the solicitation.

(a) The Contracting Officer may appoint one or more Government employees as a technical representative to assist the Contracting Officer with scientific engineering or field of discipline matters directly related to the contract. The technical representative is not authorized to act on be behalf of the Contracting Officer or to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

(b) The appointments will be in writing, signed by the Contracting Officer.

To be completed after contract award:

(c) The Technical Representative appointed to this contract is fill in name and can be reached at:


Phone number: _______________________________
E-mail: _____________________________________
Address: ____________________________________
___________________________________________

5652-204-9000 Individual Authorized to Sign (1997) Section K

In accordance with 5604.103, and FAR 14.301(d)), contracting officers shall insert the following in all solicitations.

(a) Proposals shall be signed by an authorized individual. The offeror hereby represents that the individual designated below is authorized to bind the corporation, partnership, individual or educational institution. Evidence of authorization shall be provided by the offeror in accordance with the applicable instructions below. If the offeror is a joint venture, each participant in the joint venture shall submit a separate representation.

(1) CORPORATIONS: The signatory must be an official or person otherwise authorized to bind the corporation. A Corporate representation as shown below, shall be executed in accordance with the instructions, or other evidence must be furnished which satisfactorily shows that the person signing the proposal is empowered to bind the corporation. Corporations may establish authority of their agents by furnishing with their offeror a power of attorney, a corporate resolution or by causing the following representation to be executed under its corporate seal, provided that the same officer shall not execute both the contract and the representation.

I, _____________________________, represent that I am the ________________________ of the firm named as the offeror herein; that ________________________ signed this contractual instrument on behalf of the corporation and is __________________________ of said corporation; that said contractual instrument was duly signed for and in behalf of said corporation by authority of its governing body; and is within the scope of its corporate powers.

AFFIX CORPORATE SEAL (Note: If a corporation does not have a seal or the offer is being submitted electronically, the offeror may print the word "SEAL".)

___________________________
(Signature)

(2) PARTNERSHIPS: Partnerships shall establish their authority and the authority of their agents by completing the following representation, provided that it is executed by a partner other than the person signing the contractual instrument.

I, _____________________________, represent that I am a partner of the firm of ___________________ consisting of the following partners _____________________________________________________; that ______________ signed this contractual instrument on behalf of said firm and is __________________________ of said firm; that said contractual instrument was duly signed for and in behalf of said firm by authority of partnership; and is within the scope of its corporate powers.

__________________________
(Signature)

(3) INDIVIDUALS: The signatory must be the owner and the contractual instrument shall be signed as such unless an agent's authority has been established through a power of attorney. Individuals submitting contractual instruments under an agent's signature must furnish a power of attorney to establish the agent's authority.

(4) EDUCATIONAL INSTITUTIONS: The signatory must be an official or person otherwise authorized to bind the educational institution. A representation as shown below, shall be executed in accordance with the instructions, or other evidence must be furnished which satisfactorily shows that the person signing the proposal is empowered to bind the educational institution. Educational institutions may establish authority of their agents by furnishing with their offeror a power of attorney, a corporate resolution or by causing the following representation to be executed, provided that the same individual shall not execute both the contract and the representation.

I, _____________________________, represent that I am the ________________________ of the educational institution named as the offeror herein; that ________________________ signed this contractual instrument on behalf of the educational institution and is __________________________ of said educational institution; that said contractual instrument was duly signed for and in behalf of said educational institution by authority of its governing body; and is within the scope of its corporate powers.

___________________________
(Signature)

(b) Once a power of attorney or corporate resolution has been submitted to establish the authority of its agents, provide reference to the Procurement Instrument Identification Number with which it was submitted by including the following statement in lieu of furnishing an additional copy: "Evidence to establish the authority of the agent signing this document was submitted with Document Number _________________."

5652.204-9001 Cognizant Security Office (1998) Section K

In accordance with 5604.403, Contracting officers shall insert the following in all solicitations that contain the clause FAR 52.204-2 "Security Requirements".

The offeror certifies that it possesses a security clearance of _______________.

The offeror's cognizant security office and point of contact is:


___________________________
___________________________
___________________________
___________________________
___________________________

5652.204-9002 Instructions for the Use of Electronic Contracts (2000) Section I

In accordance with 5604.502, contracting officers shall insert a provision substantially the same as the following in solicitations when the use of paperless, electronic contracting methods is contemplated and transactions or documentation shall be accomplished electronically.

In accordance with DoD policy, this solicitation and the resulting contract will be executed and documented through electronic means. As a result, the use of the terms "documented," "copy," "printed," "in writing," or "written" within this document shall refer to all electronically transmitted documents that will become part of the electronic contract file and an official government record. Any reference to official signatures and signed documents shall refer to electronic signatures. Whenever an electronic signature is used it shall have to full force and effect as a handwritten signature.

5652.209-9000 Proposals for Waiver of First Article Test (1998) Section L

In accordance with 5609.306(c), contracting officers may insert a provision substantially the same as the following in solicitations when a fixed price contract is contemplated and the requirement for first article approval may be waived for offerors who have previously furnished supplies that have been accepted by the Government.

Offerors who have previously delivered items required by this solicitation may submit alternate proposals with data to support a waiver of first article test requirements in accordance with FAR (Insert 52.209-3 "First Article Approval - Contractor Testing" or 52.209-4 "First Article Approval - Government Testing"). Offerors submitting alternate proposals shall clearly identify the price reduction for evaluation purposes in accordance with Section M of the solicitation. If the Contracting Officer determines that the requirement for First Article Test Units(s) and testing may be waived the prices set forth in CLIN(s)/SLIN(s) (Insert CLIN/SLIN number(s)) will not be included in the contract price. Offerors submitting data to support the waiver shall include the contract number, agency, contract award date and contract delivery date of the previous contact(s).

5652.209-9001 Evaluation of Offers - Waiver of First Article Test (1998) Section M

In accordance with 5609.306(c), contracting officers may insert a provision substantially the same as the following in solicitations when a fixed price contract is contemplated and the requirement for first article approval may be waived for offerors who have previously furnished supplies that have been accepted by the Government. If first article test units are to be included in the contract delivery quantities, include only the testing and reporting CLIN(s)/SLIN(s) in Paragraph (a).

(a) The evaluated price for all offers submitted will include CLIN(s)/SLIN(s) (Insert first article CLIN/SLIN number(s)) set forth in Section B of the schedule unless the Contracting Officer determines that they requirement may be waived in accordance with FAR (Insert 52.209-3 "First Article Approval - Contractor Testing" or 52.209-4 "First Article Approval - Government Testing"). If the Contracting Officer determines that the requirement for First Article Test Units(s) and testing may be waived, the prices set forth in CLIN(s)/SLIN(s) (Insert CLIN/SLIN number(s)) will not be included in the evaluated price of the offeror.

(b) If earlier delivery is offered as a result of the waiver of First Article Approval, it will not be considered as a factor in the basis for award.

5652.209-9002 Use of Contractor Support/Advisory Personnel for Review of Proposals (2001) Section H

In accordance with 5609.507-1, contracting officers shall insert the following provision is solicitations when there is a possibility that contractor support/advisory services will be used in the proposal evaluation process.

The offeror's attention is directed to the fact that contractor consultant/advisors to the Government will review and provide support during proposal evaluations. When appropriate, non-government advisors may have access to offeror's proposals and may be utilized to objectively review a proposal in a particular functional area and provide comments and recommendations to the Government's decision makers. They may not establish final assessments of risk, rate or rank offerors' proposals. All advisors shall comply with procurement Integrity Laws and shall sign Non-Disclosure and Rules of Conduct/Conflict of Interest statements. The Government shall take into consideration requirements for avoiding conflicts of interest and ensure advisors comply with safeguarding source selection and proprietary data. Submission of proposal in response to the solicitation constitutes approval to release the proposal to Government Support Contractors.

5652.211-9000 Reserved.

5652.211-9001 Reserved.

5652.214-9000 Sealed Bids - Full Quantity (1998) Section M

Per 5614.201-6(z), contracting officers shall include the following provision in all invitations for bids when the Government will not accept offers for quantities less then those stated in schedule.

Award of the contract(s) resulting from this invitation for bids will be made for the full quantities stated in the schedule. Bids that do not contain prices for all items or for quantities less than those specified in the schedule will be rejected.

5652.214-9001 Instructions on Completing Standard Form (33, 26 or 1447) Solicitation, Offer, and Award (2001) Section L

Per 5614.201-6(aa), contracting officers may insert a provision substantially the same as the following when the Contracting Officer feels it is necessary to provide additional information for the SF 33. Use Alternate I when utilizing the SF 26 and Alternate II when utilizing the SF 1447.

(a) In addition to the number of copies requested in Block 9 of SF 33 the offeror shall submit one signed original face.

(b) All offers shall be mailed to the address shown in Block 8 of the SF 33.

(c) The SF 33 shall be executed by the representative authorized to commit the offeror to contractual obligations. The authority to sign a proposal but not an offer subject to unilateral acceptance and award is not sufficient authorization to sign the SF 33.

(d) Under no circumstances shall the offeror make alterations or changes to the SF 33 or related pages that are a part of the enclosed (Insert Invitation for Bid or Request for Proposal). The offeror shall complete required items in the (IFB/RFP). Space is provided for completion of such information.

(e) Offerors shall complete the Representations, Certifications and Other Statements of Offeror in Section K.

(f) Any amendments to this solicitation will be done on an SF 30 Amendment of Solicitation/ Modification of Contract. Notwithstanding Section L Provision (insert 52.214-3 for IFBs or 52.215-1 for RFPs), amendments shall be acknowledged in accordance with instructions in block 11 of the SF 30. Amendments shall be sent to the address shown in Block 8 of the SF 33.

Add the following paragraph to RFPs:

In the event the offeror takes any exceptions to the solicitation, or conditions the proposal, the exceptions and/or conditions shall be set forth in the cover letter of the proposal.

Alternate I:

(a) In addition to the number of copies requested in Block 17 of SF 26 the offeror shall submit one signed original face.

(b) All offers shall be mailed to the address shown in Block 5 of the SF 26.

(c) The SF 26 shall be executed by the representative authorized to commit the offeror to contractual obligations. The authority to sign a proposal but not an offer subject to unilateral acceptance and award is not sufficient authorization to sign the SF 26.

(d) Under no circumstances shall the offeror make alterations or changes to the SF 26 or related pages that are a part of the enclosed (Insert Invitation for Bid or Request for Proposal). The offeror shall complete required items in the (IFB/RFP). Space is provided for completion of such information.

(e) Offerors shall complete the Representations, Certifications and Other Statements of Offeror in Section K.

(f) Any amendments to this solicitation will be done on an SF 30 Amendment of Solicitation/ Modification of Contract. Offerors shall execute acknowledgement of receipt in accordance with the requirements of Section L provision FAR (insert 52.214-3 for IFBs or 52.215-1 for RFPs),

Alternate II:

(a) In addition to the number of copies requested in Block 25 of SF 1447 the offeror shall submit one signed original face.

(b) All offers shall be mailed to the address shown in Block 7 of the SF 1447.

(c) The SF 1447 shall be executed by the representative authorized to commit the offeror to contractual obligations. The authority to sign a proposal but not an offer subject to unilateral acceptance and award is not sufficient authorization to sign the SF 1447.

(d) Under no circumstances shall the offeror make alterations or changes to the SF 1447 or related pages that are a part of the enclosed (Insert Invitation for Bid or Request for Proposal). The offeror shall complete required items in the (IFB/RFP). Space is provided for completion of such information.

(e) Offerors shall complete the Representations, Certifications and Other Statements of Offeror in Section K.

(f) Any amendments to this solicitation will be done on an SF 30 Amendment of Solicitation/ Modification of Contract. Offerors shall execute acknowledgement of receipt in accordance with the requirements of Section L provision FAR (insert 52.214-3 for IFBs or 52.215-1 for RFPs).

5652.214-9002 Notice of Pre-bid Conference (2001) Section L

Per 5614.207, contracting officers may include a provision substantially the same as following in the solicitation when a pre-bid conference is contemplated in accordance with FAR 14.207. When access to classified documents is contemplated, the Contracting Officer may include a provision substantially the same as the basic provision with its Alternate I in the solicitation.

(a) A pre-bid conference will be conducted at (insert location including full addres)] on (insert date) at (insert time) for the purpose of answering questions regarding this solicitation.

(b) Submit the names of all attendees not to exceed [insert number] attendees to [insert point of contact name, phone number, e-mail address, telephone number, and mailing address] prior to [insert date]. This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees.

(d) A record of the conference shall be made and furnished to all prospective bidders. The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers.

Alternate I

(d) To receive classified documents the recipient must have a security clearance of at least (insert classification) and authorization to act as courier. Security clearance and courier authorization must be on file at the following address:

(Insert mailing and e-mail addresses and telephone number of organization responsible for this information)

(e) This conference is (insert classification).

5652.214-9003 Price History (2001) Section L

Per 5614.201-6(bb), contracting officers may include a provision substantially the same as the following in solicitations where the item(s) being purchased have been previously acquired and the Contracting Officer wants to include the price history in the solicitation.

Price history from previous acquisitions is included below for the offerors information. The Government assumes no responsibility for the accuracy or for any conclusions or interpretations made by the offeror. The price history is provided solely for informational purposes and should not be relied upon as the basis for preparation of an offer.

     ITEM           AWARD DATE      QUANTITY        UNIT PRICE
_____________ _____________ _____________ _____________
_____________ _____________ _____________ _____________
_____________ _____________ _____________ _____________
_____________ _____________ _____________ _____________
_____________ _____________ _____________ _____________

5652.214-9004 Technical and Contractual Questions Concerning This Solicitation (2001) Section L

In accordance with 5614.201-6(cc), contracting officers shall insert the following in all competitive sealed bid solicitations. Contracting officers may insert the following in solicitations.

All questions concerning this procurement, either technical or contractual, must be submitted in writing to the Contracting Office. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. Send all questions to the following point of contact. The use of e-mail is highly encouraged.

Contract Specialist: ________________________
E-mail address: ___________________________
Fax number: _____________________________
Phone number: ___________________________
Mailing Address: ______________________________________________________________________

5652.215-9000 Reserved.

5652.215-9001 Notice of Pre-proposal Conference (2001) Section L

Per 5615.209(i), contracting officers may include a provision substantially the same as following in the solicitation when a pre-proposal conference is contemplated in accordance with FAR 15.201. When access to classified documents is contemplated, the Contracting Officer may include a provision substantially the same as the basic provision with its Alternate I in the solicitation.

(a) A pre-proposal conference will be conducted at (insert location including full address) on (insert date) at (insert time) for the purpose of answering questions regarding this solicitation.

(b) Submit the names of all attendees not to exceed (insert number of attendees]) to (insert point of contact name, address, and phone number) prior to ([insert date]). This information must be provided in advance in order to ensure access to the military base/conference site and adequate seating for the conference attendees.

(c) Offerors are requested to submit questions to the point of contact noted above not later than (insert time and date). Information provided at this conference shall not qualify the terms and conditions of the solicitation and specifications. Terms of the solicitation and specifications remain unchanged unless the solicitation is amended in writing. If an amendment is issued, normal procedures relating to the acknowledgment and receipt of solicitation amendments shall apply.

(d) A record of the conference shall be made and furnished to all prospective offerors. The record should include minutes of the meeting, including questions (on a non-attribution basis) and answers.

Alternate I

(e) To receive classified documents the recipient must have a security clearance of at least (insert classification) and authorization to act as courier. Security clearance and courier authorization must be on file at the following mailing address:

(Insert address of organization responsible for this information)

(f) This conference is (insert classification).

5652.215-9002 Separate Technical and Pricing/Cost Proposals (1998) Section L

Per 5615.209(j), contracting officers may use a provision substantially the same as the following when technical and cost/price data need to be separated.

Offerors shall submit separate technical and cost/price volumes. The technical volume shall not contain cost or pricing data.

5652.215-9003 Elimination of Non-Essential Contract Data (1998) Section L

Per 5615.209(k), contracting officers may include a provision substantially the same as the following in solicitations when the Contracting Officer wants offerors to make recommendations on deletion of data items.

In order to eliminate non-essential data items offerors are encouraged to recommend changes to the DD Form 1423 "Contract Data Requirements List" and to furnish an alternate proposal for such recommendations. Recommended changes must be compliant with the terms and conditions of the solicitation.

5652.215-9004 Elimination of Non-Essential Specifications and Standards (1998) Section L

Per 5615.209(l), contracting officers may include a provision substantially the same as following in solicitations when the Contracting Officer wants offerors to make recommendations on deletion of specs and standards.

In order to eliminate non-essential specifications or standards, or portions thereof, the offeror is encouraged to submit recommend changes or deletions to the specifications and standards. Offerors are encouraged to submit alternatives that are adequate to meet the Government requirements. Recommended changes must be compliant with the terms and conditions of the solicitation to be considered for award.

5652.215-9005 Estimated Prices for Data (2000) Section L

Per 5615.408(p), contracting officers shall include the following provision in all solicitations that include data requirements.

In accordance with DFARS 215.470 the offeror shall provide estimated data prices for each data item set forth on the DD Form 1423 "Contract Data Requirements List."

5652.215-9006 Submittal of Cost/Price Proposal to DCAA (1998) Section L

Per 5615.408(q), contracting officers may include a provision substantially the same as the following in solicitations in which it is anticipated that the proposals will be audited by DCAA.

The offeror shall submit (insert number of copies) of the cost/ price volume directly to the cognizant Defense Contract Audit Agency (DCAA) office. The submission shall be made simultaneously with the submission of the offeror's proposal to the contracting activity.

5652.215-9007 Bill of Materials (1998) Section L

Per 5615.408(n), contracting officers may include a provision substantially the same as the following in solicitations requiring cost analysis when the Contracting Officer wants offerors to submit a consolidated bill of materials.

Offerors shall submit a consolidated bill of materials including materials to be furnished by subcontractors. The materials contained in the bill of materials shall be listed in descending order according to dollar value by unit price.

5652.215-9008 Past Performance Data (2001) Section L

Per 5615.3-90(a), contracting officers may include a provision substantially the same as the following in solicitations requiring submittal of past performance data. The provision shall be included in solicitations that contain 5652.215-9012 "Basis for Award," Alternate I, or 5652.215-9014, "Basis for Award-Lowest Price Technically Acceptable," Alternate I.

(a) Offerors shall identify past or current contracts with Federal, State, and local governments and private industry for efforts similar to the effort require by this solicitation. Offerors may identify up to (Insert number) contracts. Applicable information for each contract shall include the following:

1. Contract Title
2. Prime Contract #
3. Federal Supply Code
4. Description
5. Award Amount
6. Total Contract Value
7. Contract Type
8. Award Date
9. Government Contact Point
10. Phone Number of Contact
11. Deliver Date/ Period of Performance
12. Place of Performance
13. Key Subcontractors
14. Amount of Overrun/ Under run(if any)
15. Reason for overrun/under run

(b) Offerors are encouraged to provide information on problems encountered on contracts and the offeror's corrective actions.

(c) Offerors shall state in their proposal if relevant performance history is not available.

5652.215-9009 Personnel Changes before Award (1998) Section L

Per 5615.209(m), contracting officers may include a provision substantially the same as the following in solicitations requiring submittal of resumes.

Offerors shall verify and ensure the continuing availability of personnel for whom resumes are required and have been submitted. If personnel substitutions/changes occur prior to award, the offeror shall immediately notify the Contracting Officer. Failure to do so may render the proposal unacceptable.

5652.215-9010 Cost and Pricing Data Not Required (1998) Section L

Per 5615.408(o), contracting officers may include a provision substantially the same as the following in solicitations when cost or pricing data is not required.

It is anticipated that adequate price competition will be available to determine price reasonableness. In the event that the price reasonableness cannot be determined based on adequate competition, the Contracting Officer may require the submittal of cost or pricing data in accordance with FAR 15.403.

5652.215-9011 Proposed Profit/Fee (2000) Section L

Per 5615.408(r), contracting officers may include a provision substantially the same as the following in solicitations when the weighted guidelines method will be used to evaluate profit or fee in accordance with DFARS 215.404-71.

Offerors are encouraged to submit a completed DD Form 1547 "Record of Weighted Guidelines Method Application" to support the proposed profit in accordance with DFARS 215.404-71. An editable copy of this form can be found in Section J of this solicitation. The DD Form 1547 and supporting documentation are not required. If submitted, the DD Form 1547 and supporting documentation shall be included in the cost volume of the proposal.

5652.215-9012 Basis for Award (2001) Section M

Per 5615.3-90(b), contracting officers may include a provision substantially the same as the following in solicitations when the basis for award includes factors other than price. The provision should not be used in solicitations using streamlined acquisition procedures for commercial products in accordance with FAR Part 12. Do not use this provision when a Source Selection Plan containing Section M language is approved unless the plan specifically includes this provision. The provision shall be included with its Alternate I when past performance is an evaluation factor for award. If Alternate I is used, include the provision at 5652.215-9008 in section L. The provision shall be included with its Alternate II when evaluation credit will be given to those technical solutions exceeding mandatory minimums (See FAR 15.306(d)(3)).

(a) Award of the contract(s) resulting from this solicitation will be made to the offeror whose proposal is deemed to represent the best value to the Government based on the factors listed below. Factors are listed in descending order of importance.

(Insert factors and subfactors for evaluation in descending order of importance.)

(b) All evaluation factors other than (Insert "cost" or "price") combined are (Insert "Significantly more important than "cost" or "price"", "Approximately equal to "cost" or "price"", "Significantly less important than "cost" or "price"").

Alternate I

(c) Past performance will be evaluated (Insert approach for evaluating past performance in accordance with FAR 15.304 (d) and 15.305 (a) (2) (ii)). Offerors shall identify past or current contracts with Federal, State, and local governments and private industry for efforts similar to the effort require by this solicitation. Offerors may identify up to (Insert number) contracts. The Government will use list provided by the offeror in accordance with 5652.215-9008 "Past Performance Data" along with other available information, including reports obtained from the DOD Past Performance Assessment Information System, to determine the offeror's risk of performance with regard to past performance. The evaluation will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, and/or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the effort required by this solicitation. When an offeror has no record of relevant past performance, or for whom past performance information is not available, that offeror shall be given a neutral rating which will not be considered as neither a favorably or unfavorably past performance record.

Alternate II (e) Evaluation credit will be given for technical solutions that exceed mandatory minimums.

5652.215-9013 Should-Cost Review (1998) Section M

Per 5615.408(s), contracting officers shall include the following provision in solicitations when a should-cost review will be conducted as part of the evaluation in accordance with FAR 15.407-4

A should-cost review in accordance FAR 15.407-4 will be conducted as a part of the cost evaluation of the offeror's proposal(s).

5652.215-9014 Basis for Award-Lowest Price Technically Acceptable Proposal (2000) Section M

Per 5615.3-90(c), contracting officers may include a provision substantially the same as the following in solicitations when the award will be made using lowest price technically acceptable source selection procedures in accordance with FAR 15.101-2. The provision should not be used in solicitations using streamlined acquisition procedures for commercial products in accordance with FAR Part 12. The provision shall be included with its Alternate I when past performance is an evaluation factor for award. Include the provision 5652.215-9008 "Past Performance Data" in section L when Alternate I is used.

Award of the contract(s) resulting from this solicitation will be made to the offeror whose proposal is the lowest price technically acceptable offer. Offers must be technically acceptable based on the factors below to be eligible for award.

(Insert factors and sub-factors for evaluation in descending order of importance.)

Alternate I: Past performance will be evaluated (Insert approach for evaluating past performance in accordance with FAR 15.304 (d) and 15.305 (a) (2) (ii)). Offerors shall identify past or current contracts with Federal, State, and local governments and private industry for efforts similar to the effort require by this solicitation. Offerors may identify up to (Insert number) contracts. The Government will use list provided by the offeror in accordance with 5652.215-9008 "Past Performance Data" along with other available information to determine the offeror's risk of performance with regard to past performance. The evaluation will take into account past performance information regarding predecessor companies, key personnel who have relevant experience, and/or subcontractors that will perform major or critical aspects of the requirement when such information is relevant to the effort required by this solicitation. When an offeror has no record of relevant past performance, or for whom past performance information is not available, that offeror shall be given a neutral rating which will not be considered as either a favorably or unfavorably past performance record.

5652.215-9015 Evaluation of Offers - Full Quantity (1998) Section M

Per 5615.3-90(d), contracting officers shall include the following provision in all competitive solicitations when the Government will not accept offers for quantities less than those stated in schedule.

Award of the contract(s) resulting from this solicitation will be made for the full quantities stated in the schedule. Offers that do not contain prices for all items or for quantities less than those specified in the schedule will be rejected.

5652.215-9016 Technical and Contractual Questions Concerning This Solicitation (2000) Section L

In accordance with 5615.209(n), contracting officers shall insert the following in all solicitations.

All questions concerning this procurement, either technical or contractual must be submitted in writing to the Contracting Office. No direct discussion between the technical representative and a prospective offeror will be conducted unless it is deemed necessary by the Contracting Officer. Questions shall be sent to the following point of contact:

(Insert Contracting Officer or Specialist Name, e-mail address, telephone number, fax number, and mailing address)
___________________________
___________________________
___________________________
___________________________

5652.216-9000 Cost and Fixed Fee Information (1998) Section G

Per 5616.307(j), contracting officers shall insert a clause substantially the same as the following in all cost plus fixed fee type solicitations and contracts.

(a) Estimated Cost. The total estimated cost of this contract, exclusive of fee is included in section B. This amount may only be increased by the Contracting Officer in accordance with FAR 52.232-20 "Limitation of Cost".

(b) Fixed Fee. Subject to the requirements of 52.216-8 and all other withholding requirements of this contract, the fixed fee stated in section B will be paid as it accrues in monthly installments in amounts of the fixed fee that bear the same proportion to the total fixed fee as to the sum of the payments made and due on account of allowable cost bear to the estimated total cost. The Contracting Officer may approve may approve payment of fixed fee based on estimates of the percentage of completion where appropriate.

5652.216-9001 Oral Orders - Indefinite Delivery Contracts (2001) Section I

Per 5616.506, contracting officers may insert a clause substantially the same as the following in indefinite delivery contracts in which oral orders are permitted. Contracting officers will use Alternate I for electronic contracts and Alternate II when the government purchase card is the authorized method of payment.

The Contracting Officer may issue oral orders subject to the following:

(a) No oral order will exceed ___________.

(b) The contractor will furnish a delivery ticket with each shipment in triplicate, showing: contract number, order number under the contract, date order was placed, name and title of person placing the order, an itemized listing of supplies or services furnished, unit price, unit of issue, quantity and total price for each line item, and the delivery or performance date.

(c) An Invoice for supplies or services furnished in response to oral orders shall accompany a copy of each related delivery ticket.

(d) Ordering activities will designate in writing, the Contracting/Ordering Officers authorized to place oral orders and will furnish a copy thereof to the contractor.

(e) Written confirmation of oral orders will be issued within ten (10) working days.

Alternate I:

(c) Invoices for supplies or services furnished in response to oral orders shall be transmitted electronically along with an electronic copy of the delivery ticket to (insert name or office and URL address).

(d) Contracting/Ordering Officers shall electronically transmit to the contractor a list of individuals authorized to place oral orders on behalf of the ordering activity.

(e) The contractor will receive an electronic confirmation notice for each oral order within ten (10) working days of receipt.

Alternate II:

(c) The government will process payments for oral orders using the government purchase card (currently VISA). The contractor shall obtain the capacity to accept government the purchase card for the duration of the contract.

(d) The Contracting Officer shall provide the contractor a list of individuals authorized to place oral orders on behalf of the ordering activity using the government purchase card.

(e) The contractor shall submit one original and (number) copies of invoices for oral orders on a (insert appropriate time frame, e.g., monthly/bi-monthly basis) to (name & address for submitting invoices). The government will confirm the supplies or services invoiced by the contractor and authorize payment through the government purchase card system.

5652.216-9002 Withholding of Fixed Fee or Incentive Fee (1998) Section I

In accordance with 5616.406, and 5616.307(k), contracting officers may insert the following cost plus fixed fee or cost plus incentive fee contracts where a reduced withholding percentage is negotiated in accordance with FAR 52.216-8 "Fixed Fee" or FAR 52.216-10 "Incentive Fee".

Pursuant to FAR 52-216-8 "Fixed Fee" or FAR 52.216-10 "Incentive Fee", the portion of the fixed or incentive fee shall not exceed (Insert percentage not greater than 15%) percent of the total fee or (insert dollar amount not greater than $100,000), whichever is less.

5652.216-9003 Procedures for Issuing Task/Delivery Orders under Multiple Award, Indefinite Delivery-Indefinite Quantity Contracts (2002) Section H

In accordance with SOFARS 5616.506(b), contracting officers shall insert the following contract clause in single award, indefinite delivery, indefinite quantity contracts, and tailor the contents to meet the solicitation requirements.

(a) All multiple award contractors shall be considered for each order over $2,500, unless the Contracting Officer determines that:

(b) The Contracting Officer need not contact each Awardee under the contract before selecting an order Awardee if the Contracting Officer has information to ensure that each order Awardees is provided a fair opportunity to be considered for each order.

(c) Unless the exceptions in paragraphs (a) or (b) above apply, the following procedures will be utilized in providing contract awardees with a fair opportunity to be considered for each order:

(For task order service contracts)

(For supplies/equipment contracts)

(d) Under the provisions of the Federal Acquisition Streamlining Act of 1994, protests are not authorized in connection with the issuance or proposed issuance of a task/delivery order except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract.

(e) Contract Ombudsman. The Contract Ombudsman, is enter name/title/contact information, and is responsible for reviewing complaints regarding this contract. The Ombudsman shall review complaints from the contractors and ensure all contractors are afforded a fair opportunity to be considered, consistent with the procedures of the contract.

 

5652.216-9004, Procedures for Issuing Task/Delivery Orders under Single Award, Indefinite Delivery-Indefinite Quantity Contracts (2002) Section H

In accordance with SOFARS 5616.506(b), contracting officers shall insert the following contract clause in single award, indefinite delivery, indefinite quantity contracts and tailor the contents to meet the solicitation requirements.

(a) Soliciting Task/Delivery Order Proposals: When the Government has a requirement for services/supplies to be performed/delivered under this contract, the Contracting Officer will issue a request for task/delivery order proposal either in writing/by telephone/ electronic transmission. Each request will include, but not necessarily be limited to, the following:

(b) Urgent Requirements: In the event of an urgent requirement, the Contractor shall provide a written proposal within the timeframe specified by the Contracting Officer in the specified format.

(c) Submission of Proposals: The Contractor's proposal must comply with the Instructions to Offerors included in the request for task order proposal. The Contractor shall have no more than enter appropriate number of days to submit their proposals, unless:

5652.224-9000 Reserved.

5652.228-9000 Required Insurance (2000) Section H

Per 5628.310, contracting officers shall insert a clause substantially the same as the following in solicitations and contracts when FAR 52.228-5 is included. The Contracting Officer shall insert the required types and amount of insurance in accordance with installation regulations. For example:

The kinds and minimum amounts of insurance required in accordance with 52.228-5 "Insurance-Work on a Government Installation" are as follows:

TYPE

AMOUNT

Automobile Bodily Injury Liability

$200,000 per person/ $500,000 per occurrence (EXAMPLE)

Property Damage Liability

$20,000 per occurrence (EXAMPLE)

Workers Compensation & Occupational Disease

As required by federal and State Statutes

Employer's Liability

$100,000(EXAMPLE)

5652.228-9001 Liability-Flight Operations (1998) Section I

Per 5628.370(h), contracting officers shall insert the following in all solicitations and contracts for flight operations services.

The Government shall not be held responsible for damages to property (except as provided in FAR 52.246-25 "Limitation of Liability-Services") or for injuries or death to persons which might occur without fault on the part of the Government as a result of, or incident to, performance of the contractor with the exception of work directly related to aircraft flight as defined by DFARS 252.228-7002 "Aircraft Flight Risk".

5652.231-9000 Authorization of Pre-Contract Cost (1998) Section G

Contracting officers shall insert a clause substantially the same as the following in Contracts where pre-contract cost have been approved and are authorized in accordance with 5631.205-32(b).

Subject to FAR 31.205-32 pre-contract cost incurred on or after (Insert date) in an amount not to exceed $ (Insert amount) are allowable to the extent that they would have been allowable if incurred after the date of the contract in accordance with Section J, Attachment (Insert number) pre-contract cost agreement #(Insert number) executed on (Insert date).

5652.231-9001 Approval of Excess Travel Cost (1998) Section I

Per 5631.205-46(d)(i), contracting officers may insert the following clause in cost type solicitations and contracts where the Contracting Officer wants to limit the amount of travel. The clause may also be used in fixed price solicitations and contracts where the Contracting Officer wants to limit the contractor's liability for travel cost.

The contractor shall not exceed $(Insert dollar amount) in travel costs in the performance of this contract. Any travel costs in excess of this amount shall be approved by the Contracting Officer in writing prior to occurrence. The Contracting Officer may disallow any excess travel costs not so approved.

5652.231-9002 Reserved.

5652.232-9000 Funding Schedule (1998) Section G

Per 5632.705-2, contracting officers shall insert a clause substantially the same as the following in all incrementally funded contracts solicitations and contracts. This clause must be used in conjunction with FAR 52.232-22 "Limitation of Funds"

(a) In accordance with FAR 52.232-22 Funds in the amount of $(Insert amount of funds currently obligated for performance) have been allotted to cover performance through (Insert date).

(b) It is anticipated that additional funds will be obligated in accordance with the following schedule:

(Insert funding schedule)

5652.232-9001 Invoicing (2001) Section I

Per 5632.908(d), contracting officers may insert a clause substantially the same as the following in indefinite quantity contracts where it is necessary to segregate cost by CLIN. Use Alternate I when the government purchase card is the authorized method of payment.

(a) The contractor shall segregate and bill separately costs for each Delivery/Task Order issued under this contract. Cost for performing work set forth in one Delivery/Task Order shall not be allowable under any other Delivery/Task Order.

(b) If a Delivery/Task Order contains multiple CLINs/SLINs the contractor shall segregate and bill separately the costs for each CLIN/SLIN of the Delivery/Task Order.

(c) The cost of performing work set forth on one CLIN/SLIN shall not be allowable under any other CLIN/SLIN.

(d) The contract number and Delivery/Task Order number shall appear on correspondences and invoices.

Alternate I:

(e) The government will process payments for (supplies or services) ordered in accordance with this contract using the government purchase card system. The contractor shall invoice the government on a (enter appropriate time frame) basis. Submit the original invoice plus (number) copies to (enter appropriate name and address). The government will confirm receipt of the invoiced (services or supplies) and authorize payment through the government purchase card system.

5652.232-9002 Time and Materials/Ceiling Price Indefinite Delivery Contracts (1998) Section I

Per 5632.111(a), contracting officers shall insert a clause substantially the same as the following in Time and Material type solicitations and contracts. If the contract is an indefinite delivery type contract, use the clause with its Alternate I.

Ceiling Price: The term "ceiling price" as used in the clauses FAR 52.232-7 "Payments Under Time and Materials and Labor-Hour Contracts", and the term "estimated cost" in FAR 52.232-20 "Limitation of Cost" and 52.232-22 "Limitation of Funds" shall be applicable to each CLIN or SLIN specified in Schedule B. The Government shall not be obligated to pay the contractor any amount in excess of the ceiling price for each CLIN/SLIN set forth in Schedule B unless and until the Contracting Officer has notified the contractor in writing that the ceiling price has been increased and has specified in the notice a revised ceiling price for performance under the contract for that CLIN/SLIN.

Alternate I: If this is an indefinite delivery type contract the terms "ceiling price" and "estimated cost" shall apply to each CLIN/SLIN on each delivery order.

5652.232-9003 Instructions to Paying Office (2001) Section G

Per 5632.111(b), contracting officers shall insert a clause substantially the same as the following in all solicitations and contracts. RAO and COR information should not be included in the solicitation. The Contracting Officer may designate RAO or COR by appointment Letter after award.

(a) The Contracting Office Point of Contact is: (Insert Contracting Officer or Specialist name, organization, address and, phone number)

(b) The (Insert "Contracting Officer's Representative" or "Requiring Activity Official" is: (Insert COR or RAO name, organization, address, and phone number after award)

(c) Payment will be made by the office designated in Block 12 on Standard Form 26, Block 25 on Standard Form 33, or Block 15 on DD form 1155, or otherwise designated paying office. Invoice(s) should be forwarded directly to the designated paying office.

(d) Payment to the contractor shall be mailed to the following address (Contractor to insert mailing address if other than address shown on SF-26, SF-33 or DD Form 1155):

_______________________
_______________________
_______________________

(e) Special Payment Instructions: (Insert special paying instructions if any).

___________________________________________________________________________
___________________________________________________________________________

5652.232-9004 Distribution of Vouchers/Invoices (2001) Section G

Per 5232.908(e), contracting officers shall insert a clause substantially the same as the following in all solicitations and contracts. The Contracting Officer may add or delete addresses based on the individual acquisition requirements. RAO and COR information should not be included in the solicitation. The Contracting Officer may designate RAO or COR by appointment letter after award. Use Alternate I when the government purchase is the authorized method of payment.

(a) The contractor shall forward vouchers/invoices to the addresses below in a simultaneous mailing.

(1) The original and six (6) copies shall be submitted to:

(If this is a cost type contract Insert the addresses of the cognizant DCAA office otherwise insert appropriate billing office.)

(2) One copy shall be submitted to:

(Insert Requiring Activity Official or Contracting Officer Representative name, organization, address and phone number.)

(3) One copy shall be submitted to the Contracting Officer.

(b) Contract Completion voucher shall be submitted to: (Insert office where the final invoice will be submitted along with instructions to the DCAA for forwarding the final invoice to the ACO or CO where applicable.)

Alternate I:

(a) The contractor shall simultaneously forward vouchers/invoices as called for in the contract to the following government representatives at the address(s) provided upon contract award:

1. Contracting Officer/Administrative Contracting Officer: Original and one copy.

2. Contracting Officer's Representative: One copy.

(b) The contract completion voucher shall be submitted to: (Insert office where the final invoice will be submitted along with instructions to the DCAA for forwarding the final invoice to the ACO or CO if applicable.)

5652.233-9000 Independent Review of Agency Protests (2001) Section L

In accordance with 5633.106, contracting officers shall insert the following in all solicitation per FAR 33.104(d)(4):

5652.235-9000 Conduct of Research (1998) Section I

In accordance with 5635.015, contracting officers may insert a clause substantially the same as the following in solicitations and contracts with educational institutions or non-profit organizations when the conditions in FAR 35.015 (a)(1) or (2) exist.

(a) The contractor shall bear primary responsibility for the research to be conducted under this contract.

(b) The contractor shall change the phenomenon under study, the stated objectives of the research, or the methodology, only after obtaining the Contracting Officer's written approval.

(c) The contractor shall change the principal investigator or project leader only after obtaining the Contracting Officer's written approval.

(d) The contractor shall advise the Contracting Officer if the principal investigator or project leader will, or plans to, devote substantially less effort to the work than anticipated.

Alternate I (1997)

Use the clause with its Alternate I when the conditions in FAR 35.015 (a)(1)(ii) exist.

(e) The principal investigator or project leader for the contract, who shall be closely involved and continuously responsible for the conduct of the work, is (insert name.) The contractor's estimate of the amount of time that this individual will devote to the work under the contract is (insert contractor's estimate).

5652.237-9000 Contractor Personnel Changes (1998) Section I

Per 5637.110(a), contracting officers may insert a clause substantially the same as following in solicitations and contracts for services.

(a) The contractor shall have the right to remove his personnel assigned to perform the tasks hereunder and to substitute other qualified personnel provided that the Contracting Officer is notified of such removal and replacement. The contractor shall notify the Contracting Officer prior to such change, giving the new employee's name, security clearance and technical qualifications.

(b) Any removals or replacements for the convenience of the contractor shall be at no additional cost to the Government. Cost to be borne by the contractor include but are not limited to time of travel, travel and training costs for replacement personnel.

(c) Removals or replacements of contractor personnel shall be considered for the convenience of the contractor except when such removal is for:

(1) employees removed as a result of cancellation or completion of the contract,
(2) employees replaced due to death or incapacitating illness or injury,
(3) or employees removed or replaced at the Government's request.

(d) If any employee removes him/herself from the employ of the contractor, such removal will be at no additional cost to the Government.

5652.237-9001 Key Personnel Requirements (1998) Section I

Per 5637.110(b), contracting officers may insert a clause substantially the same as following in solicitations and contracts for services or research and development when the contract contains a requirement for Key Personnel.

(a) Certain experienced professional and/or technical personnel are essential for successful accomplishment of the work to be performed under this contract. Such personnel are defined as "Key Personnel" and are those persons whose resumes were submitted for evaluation of the proposal. The contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with the following:

1) If one or more of the key personnel, for any reason, becomes or is expected to become unavailable for work under this contract for a continuous period exceeding 30 work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the contractor shall, subject to the concurrence of the Contracting Officer or an authorized representative, promptly replace personnel with personnel of equal ability and qualifications.

2) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. The request must contain a resume for the proposed substitute, and any other information requested by the Contracting. The Contracting promptly notify the contractor of approval or disapproval in writing.

(b) If the Contracting Officer determines that suitable and timely replacement of Key Personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair successful completion of the contract, the Contracting Officer may terminate the contract for default or for the convenience of the Government, as appropriate, or make an equitable adjustment to the contract to compensate the Government for any resultant delay, loss or damage.

(c) The follow positions are identified as Key Personnel:

(Insert Key Personnel Positions)

5652.239-9000 Privacy or Security Safeguards. (2000) Section I

Per 5639.107, contracting officers may insert a clause substantially the same as following in solicitations and contracts for services (a) requiring security of Information Technology (IT) resources or (b) for design, development, or operation of a system of records using commercial IT services or support. .

(a) The details of any privacy or security safeguards that may be revealed to the contractor by the Government in the course of performance under this contract shall not be published or disclosed in any manner without the Contracting Officer's express written consent.

(b) The Government shall be afforded full, free, and uninhibited access to all facilities, installations, technical capabilities, operations, documentation, records, and data bases for the purpose of carrying out a program of inspection to ensure continued efficacy and efficiency of safeguards against threats and hazards to data security, integrity, and confidentiality.

(c) If either the Government or the contractor discovers new or unanticipated threats or hazards, or if existing safeguards have ceased to function, then a mutual agreement shall then be reached on the changes or corrections to existing safeguards or institution of new safeguards, with final determination of appropriateness to be determined by the Government. The Government's liability is limited to an equitable adjustment of cost for such changes or corrections, unless the ineffectiveness of existing safeguards is due to the fault of the contractor in which case the Government is not liable for any equitable adjustment.

(d) The Government shall not be liable for claims of loss of business, damage to reputation, or damages of any other kind arising from the discovery of new or unanticipated threats or hazards, or any public or private disclosure thereof.

(e) The contractor agrees to incorporate this clause in all subcontracts at all tiers.

5652.242-9000 Designated Inventory Manager (1998) Section G

Per 5642.1107(c), contracting officers may insert the following in all solicitations and contracts in which it is necessary to designate an inventory manager in accordance with FAR 42.1106(c) "Reporting Requirements." The inventory manager will be the person who the ACO will notify in case of a potential or actual delay in performance.

The designated inventory manager for delay reporting in accordance with FAR 42.1106 (c) and DFARS 242.1106(b) and (c) is:

(Insert Inventory Manager names, organization, address, and phone number)

5652.242-9001 Defense Contract Management Agency (DCMA) (2000) Section K

Per 5642.202(c), contracting officers may insert the following in solicitations to obtain information on the cognizant Administrative Contracting Officer.

Components of the Department of Defense perform contract administration services providing assistance to contractors and Government agencies in accomplishing most administrative functions required under a contract. One or more of the following may be involved. The offeror shall insert the address of the cognizant office or state "unknown" below:

Defense Contract Management District (DCMD)
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
Telephone:___________________________________________

Defense Contract Management Agency Center (DCMA)
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
Telephone:__________________________________________

Defense Plant Representative Office (DPRO)
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________
____________________________________________________

Telephone:__________________________________________

5652.245-9000 Rent-Free Use of Government Furnished Property (GFP) (1998) Section I

Per 5645.404, contracting officers shall insert the following in all solicitations and contracts in which the contractor will use Government property that is accountable under another contract.

Property furnished to the contractor by the Government, or acquired by the contractor for the Government's account under contract (insert contract number), and required in performance of this contract, will be utilized on a rent-free, noninterference basis, in the performance of this contract. Upon closeout and completion of GFP inventory under contract (insert contract number), property required for further performance of this contract will be transferred to this contract by modification. A copy of the inventory shall be furnished to the Contracting Officer and Administrative Contracting Officer within thirty days after the date of award of this contract.

5652.245-9001 Schedule of Government-Furnished Material (2001) Section H

Per 5645.106(h), contracting officers shall insert a clause substantially the same as following in solicitations and contracts that require Government-furnished material be used in the performance of the contract.

(a) The Government will furnish material in accordance with the Government Furnished Property clause of the contract for use in the performance of this contract. A list of the materials to be supplied is located in Section J of the solicitation. The contractor will requisition required materials in accordance with the procedures outlined in the Statement of Work, Paragraph (insert number/reference).

5652.245-9002 Government Production and Research Property (1998) Section K

Per 5645.309(c), contracting officers shall insert the following in solicitations for production or research and development in which Government equipment may be acquired for installation or construction on land not owned by the Government in such a fashion as to be nonseverable.

The offeror shall state below, whether to the offeror's knowledge, this procurement involves Acquisition of Government Production or Research Property, the disposal of which may be restricted by patent or other rights. (See FAR 45.309(b)).

No _______
Yes _______ (Identify Items and Explain below)

_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________

5652.245-9003 Use of Government Production and Research Property (1998) Section L

Per 5645.106(i), contracting officers shall insert the following provision in solicitations when Government production and research property are offered for use in a competitive acquisition or an offeror may propose the use of Government production and/or research property.

(a) If an offeror's proposal is based on the use of Government production and/or research property, the offeror shall fully identify such property in the proposal. Such identification shall include nomenclature, property number and cognizant Contracting Officer. The offeror shall also furnish the contract number, contract date and the name, address and telephone number of the Contracting Officer for which the property is accounted. The list provided by the offeror shall include property offered for use in this contract as well as property already in the possession of the offeror and subcontractors under other contracts.

(b) If the property is currently in the possession of the offeror and is being utilized on another Government contract, the offeror shall certify that such use will not interfere with the performance of that or any other Government contract for which such property has been authorized for use. If the property is not being utilized or is awaiting disposition instructions, the offeror shall perform all necessary procedures needed to assure availability for the offeror's use on a non-interfering basis. The offeror shall provide written permission for use of the property from the Contracting Officer having cognizance of the property. The offeror shall also provide the dates during which the property will be available for use (including the first, last and all intervening months) and, for any property that will be used concurrently in performing two or more contracts, the amount of the respective uses in sufficient detail to support pro-ration of the rent.

(c) Offeror shall state whether such use will be on a rental or rent-free basis in accordance with FAR 45.404. If use will be on a rent-free basis the offeror shall provide the amount of rent that would otherwise be charged, computed in accordance with FAR 52.245-9 "Use and Charges".

(d) Use of Government production and research property other than as described and permitted in the solicitation will not be authorized under the contract unless such use is approved in writing by the Contracting Officer cognizant of the property, and either rent calculated in accordance with the clause at 52.245-9, Use and Charges, is charged, or the contract price is reduced by an equivalent amount.

5652.245-9004 Delivery Requirements for Government-Furnished Property (1998) Section L

Per 5645.106(j), contracting officers may insert a provision substantially the same as the following in solicitations when offerors are required to submit government furnished property delivery requirements.

Offerors shall submit their required schedule for delivery of property to be furnished by the Government. Government furnished property available for use by the contractor is listed (insert Government furnished property list location). Offerors shall indicate the dates by which the items will be required by the Government.

5652.245-9005 Identification of Special Tooling and/or Special Test Equipment (1998) Section L

Per 5645.306-5, or 5645.307-3, contracting officers shall insert a provision substantially the same as the following in solicitations where it anticipated that the offeror will acquire special tooling or special test equipment and the identification of the special tooling or special test equipment is unknown.

(a) Offerors proposing to acquire special tooling or special test equipment in order to perform the requirement shall provide a description of the tolling or equipment, the name of the manufacturer, and model number.

(b) The offeror shall provide a separate price for each item of special tooling and/or special test equipment proposed to be acquired by the offeror for performance of any contract resulting from this solicitation.

5652.245-9006 Rental Equivalent Factors for Use of Government Production and Research Property (1998) Section M

Per 5645.205, contracting officers shall insert a provision substantially the same as the following in solicitations when Government production and research property are offered for use in a competitive acquisition or an offeror may propose the use of Government production and/or research property. The clause shall be used when 5652.245-9003 "Use of Government Production and Research Property" is included in the solicitation. The clause may be modified to include amounts or formulas for other cost and savings as required by FAR 45.202-3.

If the offeror proposes the use of Government production or research property in the performance of the contract a rental equivalent factor may be applied to the offeror's cost/price. If a rental equivalent evaluation factor is used, it shall be equal to the rent allocable to the proposed contract that would otherwise have been charged for the property, as computed in accordance with the clause at 52.245-9, Use and Charges.

5652.246-9000 Marking of Warranted Items (1998) Section D

Per 5646.710(f), contracting officers shall insert the following in all solicitations and contracts that include a warranty clause or includes a commercial warranty that requires tracking by the Government.

Each item covered by a warranty shall be stamped or marked with the contract number, item description, and ship to address. Items shall also include markings that state (i) the existence and substance of the warranty, (ii) the warranty duration, and (iii) who to notify if supplies are found to be defective. Where this is impractical, written notice shall be attached to or furnished with the warranted item.

5652.246-9001 Material Inspection and Receiving Reports (DD 250) Addresses (2001) Section E

Per 5646.370(a), contracting officers shall insert the following in all solicitations and contracts that include DFAR 252.246-7000:

Material Inspection and Receiving Reports shall be transmitted electronically in accordance with DFAR 252.246-7000 to the following addresses:

(Insert the addresses of the RAO or COR, procurement office, payment office, Administrative contracting office, and any other required addresses after award.)

5652.246-9002 Statement of Services Rendered and Accepted (2001) Section I

Per 5646.502, contracting officers may insert a clause substantially the same as following in solicitations and contracts for engineering and technical services using a cost reimbursement or a time and materials type contract.

(a) The contractor shall submit a Material Inspection and Receiving Report DD Form 250, to the (insert "Contracting Officer's Representative" or "Requiring Activity Official") designated in Section E of the schedule upon completion of the services called for in the contract. Services performed satisfactorily will be accepted by the COR on the DD form 250.

(b) The contractor shall submit an invoice/voucher that supports the executed DD Form 250. Payment request shall be submitted on Standard Form 1034, Public Voucher for Purchases and Services Other Than Personal. The SF 1034 shall be submitted through the contract administration office to the cognizant DFAS payment office.

5652.247-9000 Packaging & Marking - F.O.B. Destination (1998) Section D

Per 5647.303, contracting officers shall insert the following in all solicitations and contracts that include a requirement for the contractor to perform packaging.

The shipping, address, contract number, device number, and any other "MARK FOR" information shall be clearly marked on the outside of all packages shipped under this contract. Information shall be easily identified without opening the package. This information shall also be included on the inside of all packages.

SUBPART 5652 - SOLICITATION PROVISIONS AND CONTRACT CLAUSES

5652.252-9000 Notice of Incorporation of Section K (1998) Section I

In accordance with 5652.107, contracting officers shall insert the following in all solicitations and contracts.

Section K, Certifications and Representations, of the solicitation will not be distributed with the contract; however, Section K is hereby incorporated by reference.

HQ, United States Special Operations Command March 2002
Special Operations Acquisition and Logistics Center (SOAL-K)

SOFARS 5652

Previous PageTop Of PageTable Of ContentsSOFARS