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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—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

52.232-9002 Electronic Invoicing for Telecommunications Services

52.232-9003 Contract Payments – Delivery Ticket Invoice

52.232-9004 Delivery Ticket Invoice (DTI) - Payments

52.237-9000 Key Personnel

52.237-9001 Enterprise-wide Contractor Manpower Reporting Application (eCMRA) Reporting.

52.239-9000 Outage Credits.

52.239-9002 Contract Billing Dates for Service

PART 52 -- SOLICITATION PROVISIONS AND CONTRACT CLAUSES

SUBPART 52.2 – TEXT OF 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

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, 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 (S-90), insert a clause substantially the same as the following in

solicitations and contracts:

ORGANIZATIONAL AND CONSULTANT CONFLICTS OF INTEREST (OCCI) (DEC 2014)

(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 Mitigation Plan to the contracting officer. The Organizational and Consultant Conflicts of Interest Mitigation Plan 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 (OCT 2015)

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 should be obtained from the Contracting Officer. 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 agreement.

(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 WAWF point of contact

identified in the clause at DFARS 252.232-7006, Wide Area WorkFlow Payment Instructions 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.list.mps31-warehouse-branch-cam-l@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 for 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

   

https://www.ditco.disa.mil/DitcoContractingTemplates/doku.php?id=ordering_procedures_for_ex ternal_agencies_dars_clause_52.216-9000

(End of provision)

52.216-9000 Ordering Procedures for External Agencies

As prescribed in 16.506 (S-90), insert the following clause:

ORDERING PROCEDURES FOR EXTERNAL AGENCIES (JAN 2015)

(a) An external agency is any contracting office outside of DISA.

(b) For any order to be placed by an 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/CFEB211 to pay the required 1% fee on all payments received from external orders during the prior quarter. Contractor shall include a copy of the Quarterly Progress Report for Orders placed by any non-DITCO Office (Decentralized Orders) Spreadsheet for Remote Ordering (Attachment {insert #}) with the check. Payment is due the 30th of the month following the end of the calendar year quarter and shall be submitted to the following address (if using USPS):

DISA/CFEB211

2300 East Drive

ATTN: CFEB211

Scott AFB IL 62225-5406

If submitting payment via Fed Ex or other means which requires specific individual POC information to ensure delivery, please address as follows (check still made payable to DITCO/CFEB211):

DISA CFEB212

ATTN: Financial Management Specialist

2300 East Drive

Scott AFB, IL 62225

(618) 229-9559

Alternatively, payment of external order fee may be made via Electronic Funds Transfer (EFT) Automated Clearing House (ACH). Prior to submission of first EFT/ACH payment, arrangements must be made with DFAS Cleveland Division Director for Disbursing Operations, L. A. Willard at louann.willard@dfas.mil or Carmen Laboy at carmen.laboy@dfas.mil to establish baseline for transmission.

DFAS Cleveland can receive funds via ACH using the following:

Bank Name: Credit Gateway

RTN: 051036706

A/C: 220031

DFAS Cleveland can receive funds via wire using the following:

Bank Name: US Treasury

City: New York, NY

Country USA

RTN: 021030004

Account Name: DFAS-Cleveland

Account Number: 00008522

Once confirmation of EFT/ACH transmission is received from DFAS Cleveland, a copy shall be e-mailed to disa.scott.rm.mbx.rm3222-decentralized-orders@mail.mil so appropriate transactions to process the disbursement can be established with DFAS through coordination with CFEB211.

(3) 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.rm.list.rm322-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.

(4) An entry shall be made on the spreadsheet for each order, and modification(s) that increase or decrease the amount of the basic order.

(5) The contractor may remit the DITCO fee using one check for all payments received in the prior quarter.

(6) The spreadsheet shall be cumulative of all orders placed by External Agencies during the life of the contract, BPA or BOA.

(7) 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)

52.232-9002 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)

52.232-9003 Contract Payments – Delivery Ticket Invoice

As prescribed in 32.1110 (S-90), use the following clause:

CONTRACT PAYMENTS - DELIVERY TICKET INVOICE (FEB 2014)

Payments for eligible firm-fixed-price contract orders, call orders, or Communications Service Authorization (CSA) orders issued under this contract or agreement shall be made by the US Government using the Delivery Ticket Invoice (DTI) contract payment method. The DTI contract payment method is authorized in accordance with the Department of Defense Financial Management Regulation (FMR), Volume 10, Chapter 7, Section 070203. As prescribed by the FMR, DTI contract payments will be provided to Contractors automatically by the US Government. The Contractor provided Receiving Report, combined with the order, represents a delivery ticket invoice. The Contractor shall not submit separate invoices for telecommunication services provided under any orders. Any separate invoices submitted by the Contractor will not be considered.

All orders for telecommunications services shall include a separate clause or standard provision which sets forth all additional elements required to constitute a valid delivery ticket type invoice.

The Contractor shall obtain a Receiving Report of all new telecommunications service, including change modifications on Government initiated requirements, from a Government representative receiving the service. The Contractor shall submit the Receiving Report to the Contracting Officer.

Payments will be processed by: DFAS Columbus (HQ0252), P.O. Box 182317, Columbus, OH 43218-3125. DFAS point of contact for payment inquiries: 1-800-756-4571.

(End of clause)

52.232-9004 Delivery Ticket Invoice (DTI) - Payments

As prescribed in 32.1110 (S-91), use the following clause:

DELIVERY TICKET INVOICE (DTI) - PAYMENTS (FEB 2014)

As prescribed by the Department of Defense Financial Management Regulation (FMR), Volume 10, Chapter 7, Section 070203, Delivery Ticket Invoice (DTI) payments will be provided automatically by the US Government. Payment for telecommunication service provided under this contract order shall be made using the DTI contract payment method. The Contractor shall not submit separate invoices for telecommunication services provided under this contract order. This clause shall form the basis for payment for each accepted telecommunication service based on the following elements:

a. Contract number: See subject of this order/modification.

b. TSR number: See paragraph (M2) of this order/modification.

c. DTI document date: See date of this order and all subsequent modifications.

d. Service acceptance date: See paragraph (e) of this order and all subsequent modifications.

e. Contractor name and address: __(to be filled in)__.

f. Invoice date: First day of the following month after acceptance.

g. Description of service: See purpose statement of this order/modification.

h. Period of Performance: See attachment A.

i. Quantity: See attachment A.

j. Unit of Measure: See attachment A.

k. Unit Price: See attachment A.

l. MRC/NRC Extended Price: See attachment A.

m. Contractor’s Remittance Information: _ (to be filled in).

n. Contractor’s Point of Contact: _ (to be filled in).

(End of clause)

52.237-9000 Key Personnel

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 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)

52.237-9001 Enterprise-wide Contractor Manpower Reporting Application (eCMRA) Reporting.

As prescribed in 37.102-90, use the following clause:

ENTERPRISE-WIDE CONTRACTOR MANPOWER REPORTING APPLICATION (eCMRA) REPORTING (JAN 2015)

The contractor shall ensure ALL contractor labor hours including subcontractor, at all levels/tiers, labor hours required for the performance of services provided under this contract are reported via a secure data collection site.

The contractor and all subcontractors, at all levels/tiers, providing direct labor under this contract shall report complete and accurate data for the labor executed during the period of performance during each Government fiscal year (FY), which runs from October 1 to September 30. The Contractor shall input the data into the appropriate eCMRA reporting tool, which can be accessed via a secure web site at http://www.ecmra.mil/. There are four separate eCMRA tools: Army, Air Force, Navy and All Other Defense Components. The appropriate eCMRA reporting tool to use is determined by the requiring activity being supported (e.g., if DISA awards a contract for an Air Force requiring activity, the contractor shall load the required reporting data in the “Department of Air Force CMRA” tool). While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year. The contractor shall completely fill in all required data fields. The contractor shall enter initial data into the appropriate eCMRA tool to establish the basic contract record no later than 15 working days after receipt of contract award or contract modification incorporating this clause. The contractor shall notify the COR when the basic contract record has been established in the appropriate eCMRA tool.

eCMRA User Manuals and Frequently Asked Questions (FAQs) are available at http://www.ecmra.mil/

Contractors may direct technical questions to the eCMRA help desk at usaf.pentagon.saf-aq.mbx.cmra-help-desk-dod@mail.mil

(End of clause)

52.239-9000 Outage Credits.

As prescribed in DARS 239.7411(S-90), use the following clause:

OUTAGE CREDITS (JAN 2016)

(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 (Not less than 30 Minutes)

None

30 Minutes but less than 3 Hours 1/8 Day

3 Hours but less than 6 Hours 1/4 Day

6 Hours but less than 9 Hours 1/3 Day

9 Hours but less than 12 Hours 1/2 Day

12 Hours but less than 24 Hours One Day

INTERRUPTIONS OVER 24 HOURS

Credit of 1/30th of the MRC (or the foreign dollar equivalent) for each day of outage until service is restored.

(b) Outage credits do not apply for:

1) Interruptions caused by the negligence of the Government or others authorized by the

Government to use the Government's service.

2) Interruptions due to the failure of power, equipment, systems or connections not provided

by Contractor or subcontractors.

3) Interruptions during any period when the Government or User has released a private line

service for maintenance or rearrangement purposes, or for the implementation of a

Government order.

4) Interruptions that continue because of the Government's failure to authorize replacement

of any element of special construction. The period for which credit is not allowed begins

on the seventh day after the Government receives the contractor’s written notification of

the need for such replacement. It ends on the day after receipt of the Government's

written authorization for such replacement.

5) Interruptions during periods when the Government elects not to release the private line

service for testing and/or repair.

6) An interruption, or group of interruptions, resulting from a common cause, for amounts

less than $50.00 (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)

52.239-9002 Contract Billing Dates for Service

As prescribed in DARS 239.7411 (S-91), use the following clause:

BILLING DATES (MAY 2014)

For invoicing purposes, the Effective Billing Date (EBD) is the date the contracted service is delivered to the Government in accordance with the contract and the Final Billing Date (FBD) is the date the Government requests the service to be discontinued via contract modification.

(End of clause)

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