Page images
PDF
EPUB

DAC #76-25

31 OCTOBER 1980

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

7-2003.75 Reserved.

7-2003.76 Identification of Restricted Rights Computer Software. In accordance with 9–603(b), insert the following provision.

IDENTIFICATION OF RESTRICTED RIGHTS COMPUTER SOFTWARE (1977 APR)

The offeror's attention is called to the requirement in the "Rights in Technical Data and Computer Software" clause that any restrictions on the Government concerning use or disclosure of computer software which was developed at private expense and is to be delivered under the contract must be set forth in an agreement made a part of the contract, either negotiated prior to award or included in a modification of the contract before such delivery. Therefore, the offeror is requested to identify in his proposal to the extent feasible any such computer software which was developed at private expense and upon the use of which he desires to negotiate restrictions, and to state the nature of the proposed restrictions. If no such computer software is identified, it will be assumed that all deliverable computer software will be subject to unlimited rights.

(End of clavar)

7-2003.77 Licenses and Permits. In accordance with 22-600.3, insert the following clause.

LICENSES AND PERMITS (1977 APR)

Offerors without necessary operating authority may submit offers, but the offerors shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits prior to award of a resultant contract and for complying with all laws, ordinances, statutes and regulations in connection with the furnishing of the services herein.

(End of clauer)

7-2003.78 Notice of Compensation for Professional Employees. In accordance with 12-1007.3, insert the following notice.

NOTICE OF COMPENSATION FOR PROFESSIONAL EMPLOYEES (1978 JUN)

Note the provisions relating to evaluation of compensation for professional employees set forth elsewhere in this Solicitation. Failure to comply with such provisions may constitute sufficient cause to justify non-selection of a proposal. The total compensation plan required to be submitted by the offeror will be viewed as being within the purview of Public Law 87-653. (End of notice)

7-2003.78

ARMED SERVICES PROCUREMENT REGULATION

7:526-B

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

7-2003.79 Evaluation of Compensation for Professional Employees. In accordance with 12–1007.3, insert the following provision.

EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES (1978 JUN)

(a) Total compensation (salary and fringe benefits) of professional employees under service contracts may, in some cases be lowered by recompetition of such contracts. Such lowering of compensation can be detrimental in obtaining the necessary quality of professional services needed for adequate performance of service contracts. It is, therefore, in the best interest of the Government that professional employees, as defined in 29 CFR 541, be properly and fairly compensated in such contracts. As a part of their proposals, offerors will submit a “Total Compensation Plan" (salaries and fringe benefits) for such professional employees for evaluation purposes. The Government will assess the "Total Compensation Plan" to assure that such compensation reflects a sound management approach and an understanding of the requirements to be performed. It will include an assessment of the offeror's ability to provide uninterrupted work of high quality. The total compensation proposed will be evaluated in terms of enhancing recruitment and retention of personnel and its realism and consistency with a total plan for compensation (both salaries and fringe benefits).

(b) In establishing compensation levels for professional employees, the total compensation (both salaries and fringe benefits) proposed, shall reflect a clear understanding of the requirement of the work to be accomplished and the suitability of the proposed compensation structure to obtain and retain qualified personnel to meet mission objectives. The salary rates or ranges must recognize the distinct differences in professional skills and the complexity of varied disciplines as well as job difficulty. Proposals offering total compensation levels less than currently being paid by the predecessor contractor, if any, for the same work will be evaluated, in addition to the above, on the basis of maintaining program continuity, uninterrupted work of high quality, and availability of required competent professional employees. Offerors are cautioned that instances of lowered compensation for essentially the same professional work may be considered a lack of sound management judgment in addition to indicating a lack of understanding of the requirement.

(c) Proposals which are unrealistically low or do not reflect a reasonable relationship of compensation to the professional job categories such as to impair the contractor's ability to recruit and retain competent professional employees, may be viewed as reflecting a failure to comprehend the complexity of the contract requirements. The Government is concerned with the quality and stability of the work force to be employed on this contract. The compensation data required will be used in evaluation of the offeror's understanding of the contract requirements.

(d) An assessment of the potential for adverse effect upon performance and maintenance of the required numbers of employees with requisite skills resulting from an unrealistically low compensation structure will also be made.

(End of provision)

7-2003.79

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

7-2003.80 Women-Owned Business. In accordance with 2-201(a)Sec.K(xviii), 2-201(b)(lviii), or 3-501(b)(3)Sec.K(xxi), insert the following provision in all solicitations except those made outside the United States.

WOMEN-OWNED BUSINESS (1981 JUL)

The offeror represents that the firm submitting this offer () is, () is not, a women-owned business. A women-owned business is a business that (i) is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business; and (ii) is a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. Control in this context means exercising the power to make policy decisions. Operate in this context means being actively involved in the day-to-day management.

(End of provision)

7-2003.81 Percent Foreign Content. In accordance with 2-201 (a) Sec.K(xix), 2-201(b)(lix), or 3-501 (b) (3) Sec.K(xxii), insert the following provision in all solicitations except those made outside the United States.

PERCENT FOREIGN CONTENT (1978 SEP)

Approximately

percent of the proposed

contract price represents foreign content or effort.

(End of provision)

7-2003.82 Recovered Material. The following certification shall be inserted in solicitations as required by 1-2500.5(b).

RECOVERED MATERIAL (1979 MAR)

The Contractor certifies by signing this bid/proposal/ quotation that recovered materials, as defined in DAR 1-2500.4, will be used as required by the applicable specifications.

7-2003.82

ARMED SERVICES PROCUREMENT REGULATION

[ocr errors]

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

7-2003.83

7-2003.84

Reserved.
Reserved.

7-2003.85 SCA Minimum Wages and Fringe Benefits Applicable to Successor Contract Pursuant to Predecessor Contractor Collective Bargaining Agreement (CBA). In accordance with 12-1005.2(b)(5), insert the following provision in all solicitations for the acquisition of services to which-

(1) (ii)

the clause at 7-1903.41(a) applies;
the contract resulting from this
solicitation succeeds an ongoing
contract for substantially the same
services to be performed in the same
locality;

(iii) the incumbent contractor has negotiated
or is negotiating a CBA with some or all
of its service employees; and

(iv) all applicable Department of Labor wage determinations have been requested but

not received.

SERVICE CONTRACT ACT (SCA) MINIMUM WAGES AND FRINGE
BENEFITS (1984 JAN)

An SCA wage determination applicable to this work has been requested from the U.S. Department of Labor. If an SCA wage determination is not incorporated herein, the bidders/offerors shall consider the economic terms of the collective bargaining agreement (CBA) between the incumbent contractor

and the

(union). Copies of the agreement can be obtained from the Contracting Officer. Pursuant to DOL Regulation, 29 CFR 4.1b and paragraph (e) of the clause at 7-1903.41(a), the economic terms of that agreement will apply to the contract resulting from this solicitation, notwithstanding the absence of a wage determination reflecting such terms, unless it is determined, after a hearing pursuant to section 4(c) of the SCA, that they are substantially at variance with the wages prevailing in the area.

7-2003.86 Reserved.

(End of provision)

7-2003.87 Reserved.

7-2003.88 Reserved.

7-2003.88

ARMED SERVICES PROCUREMENT REGULATON

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

7-2003.89 Notice of Cost Comparison.

(a) Advertised contracts. In accordance with 4-1202, insert the following provision in solicitations and resultant contracts.

NOTICE OF COST COMPARISON (ADVERTISED) (1980 MAY)

(a) Bidders are notified that this solicitation is a part of a cost comparison to determine whether accomplishing the specified work in-house or by contract is more economical.

7-2003.89

ARMED SERVICES PROCUREMENT REGULATION

« PreviousContinue »