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7:525

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

INDUSTRIAL PREPAREDNESS PRODUCTION PLANNING (1974 APR)

This solicitation includes an item for industrial planning in support of the Industrial Preparedness Production Planning program. Bidders are cautioned to carefully review Section E of the Schedule and the attached Industrial Preparedness Production Planning Exhibit or Altachment. Failure to bid on the Industrial Preparedness Production Planning line item set forth in the Schedule may result in rejection of the bid.

(End of provision)

7-2003.70 Evaluation of Transportation Costs. In accordance with 19–208.4(b), insert the following provision.

EVALUATION OF TRANSPORTATION COSTS (1974 APR)

Costs of transporting supplies to be delivered under this contract will not be an evaluation factor for award.

(End of provision)

7-2003.71 Clean Air and Water Certification. In accordance with 1-2302.1, insert the following provision.

CLEAN AIR AND WATER CERTIFICATION (1977 JUN)

Applicable if the bid or offer exceeds $100,000, or the Contracting Officer has determined that orders under an indefinite quantity contract in any year will exceed $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8(c)(1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or is not otherwise exempt The bidder or offeror certifies as follows:

(i) any facility to be utilized in the performance of this proposed contract is-( ), (is

not --( ), listed on the Environmental Protection Agency List of Violating Facilities; (ii) he will promptly notify the Contracting Officer, prior to award, of the receipt of any

communication from the Director, Office of Federal Activities, U. S. Environmental Protection Agency, indicating that any facility which he proposes to use for the performance of the contract is under consideration to be listed on the EPA List of

Violating Facilities; and (iii) he will include substantially this solicitation certification, including this paragraph (iii), in every nonexempt subcontract.

(End of provision)

7-2003.72 Privacy Act Notification. In accordance with 1-327, the following notification shall be included in every solicitation and resulting contract, and in each contract awarded without a solicitation, where the statement of work requires the design, development, or operation of a system of records on individuals for an agency function:

PRIVACY ACT NOTIFICATION (1975 NOV)

This procurement action requires the Contractor to do one or more of the following: design, develop, or operate a system of records on individuals to accomplish an agency function in accordance with the Privacy Act of 1974, Public Law 93-579, December 31, 1974, (5 U.S.C. 552a) and applicable agency regulations. Violations of the Act may involve the imposition of criminal penalties

7-2003.72

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

7-2003.73 Solicitation Provision for Dismantling, Demolition or Removal of Improvements. In accordance with 4-503, insert the following provision for solicitations for dismantling, demolition or removal of improvements.

BONDS OR OTHER SECURITY (1977 APR)

A bid guarantee in the penal sum of S...... must accompany the bid. Within ten (10) days after receipt of a notice of award, the Contractor shall furnish a performance bond (Standard Form 25) in the penal sum of S...... and payment, in full, of any sum due the Government. The bond of any surety company holding a certificate of authority from the Secretary of the Treasury as an acceptable surely on Federal bonds will be accepted. Individual sureties will be accepted if each such surely deposits with the Contracting Officer cash, bonds, or notes of the United States, or certified check drawn to the order of the office designated for contract administration, or such other security as the Contracting Officer may deem necessary, for the required amount of the guaranty, under the agreement that the collateral so deposited shall remain in the possession and control uf the Treasurer of the United States until the completion of the contract. The formal contract and notice to proceed will be issued on receipt of an acceptable performance bond and payment of any sum due the Government.

(End of provision)

7-2003.74 Small Disadvantaged Business Concem. Include the following representation in accordance with 1-707.3(e).

SMALL DISADVANTAGED BUSINESS CONCERN (1979 JULY)

(a) The offeror represents that he () is, ( ) is not, a small business concern owned and controlled by socially and economically disadvantaged individuals. The term "small business concern" means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto. The term "small business concern owned and controlled by socially and economically disadvantaged individuals" means a small business concern

(1) that is at least 51 per centum owned by one or more socially and economically disadvantaged individuals; or, in the case of any publicly owned business, at least 51 per centum of the stock of which is owned by one or more socially or economically disadvantaged individuals; and

(2) whose management and daily business operations are controlled by one or more such individuals.

(b) The offeror shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans (such as American Indians, Eskimos, Aleuts, and native Hawaiians), and other minorities or any other individuals found to be disadvantaged by the Small Business Administration pursuant to Section 8(a) of the Small Business Act.

(End)

7-2003.74

ARMED SERVICES PROCUREMENT REGULATION

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

7-2003.75 Notice of Potential Foreign Source Competition. In accordance with 6–1310.3(d) insert a clause substantially as follows.

NOTICE OF POTENTIAL FOREIGN SOURCE COMPETITION (1976 SEP)

Bids or proposals for this procurement are being solicited from foreign sources. If a bid or proposal from such a source would be acceptable from the standpoint of price and other factors, a waiver of the application of the "Buy American Act" may be granted by the Secretary of the Department concerned.

(End of clause)

In the case of procurements for use outside the United States which are subject to
Section VI, Part 8, the foregoing Notice will be appropriately modified.

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 clause)

7-2003.77 Licenses and Permits. the following clause.

In accordance with 22-600.3, insert

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 licen ses 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 clause)

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).

(6) 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

615

CONTRACT CLAUSES AND SOLICITATION PROVISIONS

7-2003.80 Woman-Owned Business.

In

accordance with 2-201(a)Sec.B(xx), 2-201 (b) (lviii), or
3-501(b) Sec. B (xxv), insert the following
provision in all solicitations except those
made outside the United States.

WOMAN-OWNED BUSINESS (1978 SEP)

The offeror represents that the firm
submitting this offer () is, ( ) is not,
a woman-owned business. A woman-owned
business is a business which is, at least,
51 percent owned, controlled and operated
by a woman or women. Controlled is defined
as exercising the power to make policy
decisions. Operated is defined as actively
involved in the day-to-day management. For
the purposes of this definition, businesses
which are publicly owned, joint stock
associations, and business trusts are exempted.
Exempted businesses may voluntarily represent
that they are, or are not, women-owned if this

information is available.

(End of provision)

7-2003.81 Percent Foreign Content. Ir accordance with 2-201 (a) Sec. B (xxi), 2-201 (b) (lix), or 3-501(b) Sec.B(xxvi), 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

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