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 Labor Rates Labor Categories
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5.28 552.211-15 DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM REQUIREMENTS (MAR 2003)
(a) Definitions
“Approved Program” means a program determined to be necessary or appropriate for priorities and allocations support to promote the national
defense (see Schedule 1 of 15 CFR 700 for a list of Delegate Agencies, approved programs, and program identification symbols.)
“Delegate Agency” means an agency of the U.S. Government authorized by delegation from the Department of Commerce (DOC) to place
priority ratings on contracts or orders needed to support approved programs.
“Defense Priorities and Allocations System (DPAS)” means the regulation published at 15 CFR 700 that requires preferential treatment for
certain contracts and orders placed by a Delegate Agency in support of an approved program.
“Rated Order” means, for the purpose of this contract, a delivery or task order placed by a Delegate Agency under the provisions of the DPAS
in support of an approved program and which requires preferential treatment as necessary to meet delivery requirements. This includes
orders placed by the Contractor to subcontractors or suppliers for required products, materials, and services resulting from such orders.
(b) Rated Order Requirement.
From time to time, the Contractor may receive a rated order under this contract from a Delegate Agency. The Contractor must give
preferential treatment to rated orders as required by the Defense Priorities and Allocations System (DPAS)regulation (15 CFR 700).
The existence of previously accepted unrated or lower rated orders is not sufficient reason to reject a rated order. Rated orders take
preference over all unrated orders as necessary to meet required delivery dates. There are two levels of ratings designated by the symbol
of either “DO” or “DX.” All “DO” rated orders have equal priority with each other and take preference over unrated orders. All “DX”
rated orders take preference over “DO” rated orders and unrated orders. The rating designation is followed by a program identification
symbol. Program identification symbols indicate which approved program is supported by the rated order (see Schedule 1 of 15 CFR 700
for a list of Delegate Agencies, approved programs, and program identification symbols).
(c) Additional information.
Additional information may be obtained at the DOC DPAS web site http://www.bxa.doc.gov/DefenseIndustrialBasePrograms
/OSIES/DPAS/Default.htm or by contacting the designated Administrative Contracting Officer.
5.29 I-FSS-50 PERFORMANCE REPORTING REQUIREMENTS (FEB 1995)
(a) This clause applies to all contracts estimated to exceed $100,000.
(b) Unless notified otherwise in writing by the Contracting Officer, the Contractor may assume contract performance is satisfactory.
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(c) If negative performance information is submitted by customer agencies, the Contracting Officer will notify the Contractor in writing and
provide copies of any complaints received. The Contractor will have 30 calendar days from receipt of this notification to submit a
rebuttal and/or a report of corrective actions taken.
5.30 I-FSS-60 PERFORMANCE INCENTIVES (APRIL 2000) (TAILORED)
(a) When using a performance-based statement of work, performance incentives may be agreed upon between the Contractor and the
ordering office on individual fixed price orders or Blanket Purchase Agreements, for fixed price tasks, under this contract in accordance
with this clause.
(b) The ordering office must establish a maximum performance incentive price for these services and/or total solutions on individual orders
or Blanket Purchase Agreements.
(c) To the maximum extent practicable, ordering offices shall consider establishing incentives where performance is critical to the agency’s
mission and incentives are likely to motivate the contractor. Incentives shall be based on objectively measurable tasks.
(d) The above procedures do not apply to labor hour orders.
5.31 I-FSS-95 RE-REPRESENTATION OF SIZE STATUS FOR OPTION PERIODS (JUN 2003)
For certain requirements, the Government enters into contracts with multiple contractors for the same or similar services or products. Such
contracts frequently contain options that allow the contract to be extended when it is determined to be in the best interest of the Government.
Contract extensions may have an impact on the program established by the Government to assist small businesses when there is a change in the
status of the Contractor during the contract term.
Prior to the time the Contracting Officer exercises an option, the Contractor will be required to re-represent business size status and 8(a)
program eligibility to the Contracting Officer by completing the applicable portion of
52.212-3, Offeror Representations and Certification—
Commercial Items, or 52.219-1, Small Business Program Representations, as applicable to this contract.
(a) When the contract did not result from a small business set-aside:
If a previously awarded small business concern re-represents itself as other then small, an acceptable subcontracting plan must be negotiated
with the Contracting Officer if the value of the remainder of the contract option periods exceeds the threshold for a subcontracting plan.
(b) When the contract resulted from a small business set-aside:
If a previously awarded small business concern re-represents itself as other then small, the Contracting Officer shall be precluded from
exercising the option.
(c) When the contract resulted from an 8(a) set-aside:
If a previously awarded 8(a) small business concern re-represents itself as other than 8(a), the Contracting Officer shall be precluded from
exercising the option.
5.32 I-FSS-103 SCOPE OF CONTRACT—WORLDWIDE (JUL 2002)
(a) This solicitation is issued to establish contracts which may be used as sources of supplies or services described herein for domestic and/or
overseas delivery.
(b) Definitions—
Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. territories. Domestic
delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities.
Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. territories.
(c) Offerors are requested to check one of the following boxes:
Contractor will provide domestic and overseas delivery. (Refer to clause I-FSS-108, Clauses for Overseas Coverage.)
Contractor will provide overseas delivery only. (Refer to clause I-FSS-108, Clauses for Overseas Coverage.)
Contractor will provide domestic delivery only.
(d) Resultant contracts may be used on a nonmandatory basis by the following activities: Executive agencies; other Federal agencies,
mixed-ownership Government corporations, and the District of Columbia; Government contractors authorized in writing by a Federal
agency pursuant to 48 CFR 51.1; and other activities and organizations authorized by statute or regulation to use GSA as a source of
supply. U.S. territories are domestic delivery points for purposes of this contract. (Questions regarding activities authorized to use this
schedule should be directed to the Contracting Officer.)
(e) (1) The Contractor is obligated to accept orders received from activities within the Executive Branch of the Federal Government.
(2) The Contractor is not obligated to accept orders received from activities outside the Executive Branch of the Federal Government;
however, the Contractor is encouraged to accept orders from such Federal activities. If the Contractor elects to accept such an
order, all provisions of the contract shall apply, including clause 552.232-77, Payment by Governmentwide Commercial Purchase
Card (Alternate I). If the Contractor is unwilling to accept such an order, and the proposed method of payment is not through the
Purchase Card, the Contractor shall return the order by mail or other means of delivery within 5 workdays from receipt. If the
Contractor is unwilling to accept such an order, and the proposed method of payment is through the Purchase Card, the Contractor
must so advise the ordering agency within 24 hours of receipt of order. (Reference clause 552.232-77, Payment by
Governmentwide Commercial Purchase Card (Alternate I)). Failure to return an order or advise the ordering agency within the
time frames above shall constitute acceptance whereupon all provisions of the contract shall apply.
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(f) The Government is obligated to purchase under each resultant contract a guaranteed minimum as specified in the clause I-FSS–106,
Guaranteed Minimum, contained elsewhere in this contract.
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