2520006 SOO 2JUL25.pdf

STATEMENT OF OBJECTIVES FOR

FY25 AGASSIZ’S DESERT TORTOISE (GOPHERUS AGASSIZII) GENETIC ANALYSIS AT

MCAGCC, THE MARINE CORPS AIR GROUND COMBAT CENTER, TWENTYNINE PALMS,

CALIFORNIA

TABLE OF CONTENTS

SECTION

LETTER TITLE PAGE

A INTRODUCTION 2

B PURPOSE 2

C LOCATION 2

D DESIGNATED REPRESENTATIVES 2

E PERIOD OF PERFORMANCE 3

F PROVISIONS TO THE RECIPIENT 3

G GENERAL REQUIREMENTS 4

H SPECIFIC REQUIREMENTS 6

I MEETINGS/COORDINATION 7

J SUBMITTALS AND SCHEDULES 7

K DATA AND PUBLICATION 9

L RELEASE OF INFORMATION 9

M SAFETY 9

N HOLD HARMLESS 10

O INSURANCE 10

P PAYMENTS 12

Q EXECUTIVE COMPENSATION AND FIRST-TIER 12

SUBCONTRACT REPORTING

R PROHIBITION ON CERTAIN TELECOMMUNICATIONS 14

AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT, 2 CFR § 200.216

A. INTRODUCTION

Since 2017, Marine Corps Air Ground Combat Center (MCAGCC) has been translocating desert tortoises from training areas to adjacent protected areas on the installation and adjacent Bureau of Land Management's (BLM) lands. A successful translocation presumes that desert tortoise integrate into the resident population by dispersing across the recipient area and reproducing with the resident population. These findings will help refine future recovery efforts via population augmentation methods such as translocation and headstarting.

Genetic banking for endangered tortoise populations is extremely useful in mission support. The data has been used to demonstrate reproduction of released males in wild populations (N62473-18-2- 0011). It has also been used to combat poaching - demonstrating origin during law enforcement actions for prosecution and returning tortoises to wild habitats. It provides useful data in population health and size as well. All of these actions ensure and demonstrate viability of the program, allowing Marine Corps to continue their mission-essential training with less downtime and fewer stoppages.

B. PURPOSE

This Cooperative Agreement outlines terms and the cooperative effort of the Department of the Navy, Navy Facilities Engineering Command, Southwest (NAVFAC SW), on behalf of MCAGCC, Twentynine Palms, for implementing a cooperative program to analyze genetic assimilation of translocated Agassiz’s Desert Tortoise (Gopherus agassizii) in the resident population. The genetic results can augment understanding translocation success for recovering this Threatened species.

C. LOCATION

Genetic data on female, male, and juvenile tortoises collected by all parties on MCAGCC training ranges and adjacent translocation and control sites will be used for the analyses.

D. DESIGNATED REPRESENTATIVES

1. The Cooperative Agreement Administrator (CAA) is Christen Gonzales, Contract Specialist, NAVFAC SW, 750 Pacific Highway, 12th Floor, San Diego, CA 92132-0001; Phone: (619) 705- 5529, and email christen.m.gonzales.civ@us.navy.mil.

2. The Cooperative Agreement Technical Representative (CATR) is David McNaughton, Senior Natural Resources Specialist, Naval Facilities Engineering Command, Southwest, 750 Pacific Hwy, Floor 12, San Diego CA 92132; telephone (619) 705-5574 and email:

david.k.mcnaughton2.civ@us.navy.mil

The CATR is responsible for ensuring that all work is performed per the requirements and specifications outlined in this Cooperative Agreement, and that the work performed, including all written reports and professional services are of an acceptable technical quality. For this Cooperative Agreement, the CATR shall be the first and primary point of contact for the Recipient and Installation Representative (including their respective representatives or staffs) regarding any inquiries, questions, concerns, and issues related to the implementation of the requirements and specifications of this Cooperative Agreement. The CATR has no authority to make any changes to this Cooperative Agreement, only the CAA may affect any change to this Cooperative Agreement.

3. The Installation Representative (IR) is Dr. Brian Henen, Conservation Director, Natural Resources and Environmental Affairs (NREA), telephone (760) 830-5720 and email brian.henen@usmc.mil.

Postal address:

DIRECTOR

ATTN Brian Henen

ENVIRONMENTAL AFFAIRS

BOX 788110

TWENTYNINE PALMS CA 92278-8110;

The Installation Representative is responsible for providing the CAA, via the CATR, the technical requirements for this Cooperative Agreement’s scope of work specifications, access to the installation, edits to deliverables, and coordination with other base resources including local approvals. The Installation Representative has no authority to make any changes to the Cooperative Agreement, only the CAA may affect any change to this Cooperative Agreement. The Installation Representative has no authority to direct or change any work identified in this Cooperative Agreement.

4. Any change in scope of work must be issued to the Recipient, in writing, by the Grants Officer to be binding on the US Government. No US Government employee has authority to change this Cooperative Agreement by oral or written directives, instructions, commitments and/or acceptances or any other manner.

5. The Recipient will designate at time of proposal submission the individual within their organization who is authorized to negotiate with the Cooperative Agreement Administrator. The designation will stipulate the individual’s authority to commit the Recipient.

E. PERIOD OF PERFORMANCE

The period of performance covered by this agreement is 48 months upon award. The end date is the anticipated date that the Final Report is accepted by the Government. The parties may extend the term of this Agreement by written modification.

A fifteen (15) day period, starting on date of award, will be used for the Recipient to provide preliminary documents to the CAA and CATR. Documents include, but are not limited to, Insurance documents/certificates and a Draft Work Plan. Recipient may not begin performance until preliminary documents are submitted and accepted/approved as appropriate.

F. PROVISIONS TO THE RECIPIENT

MCAGCC agrees to the following terms for this cooperative project:

1. Technical Information. MCAGCC agrees to provide any relevant data housed with the Marine Corps upon request by the Recipient.

2. Samples and data. MCAGCC will provide tortoise genetic samples (or sequences of already processed samples) to the Recipient. Tissue samples will be shipped to Recipient, either in mailto:brian.henen@usmc.mil ethanol or DNA buffer solution and/or frozen.

3. Funding. MCAGCC agrees to provide funds to support the following budget estimate:

Personnel 1 part time Senior Scientist/Principal Investigator 1 half time Research Scientist/Project Manager Technicians as necessary

Operating expenses Analytical tools (computer, software, etc.)

Lab tools and specimen processing (temporary storage, genetic analysis, gene banking, etc.)

Deliverables Annual Reports Draft Report/manuscript Final report/manuscript

Travel Travel to professional conference, once per year

G. GENERAL REQUIREMENTS

1. The Recipient shall be responsible for providing all materials, equipment and supplies used in this project. The Recipient shall be responsible for the selection, development and implementation of all control and monitoring techniques/methods. The Recipient shall use methods and equipment in accordance with Federal and State laws.

2. The Recipient shall provide all equipment (unless otherwise stated) and analyses necessary to complete the work described within this Agreement. Title to property shall vest, and Recipient shall manage, property under this cooperative agreement in accordance with 2 CFR 200.313 Equipment.

3. It is not expected that much, if any, work shall take place at the installation. However, it is the Recipient's responsibility to obtain security, entrance, and/or photographic clearances for himself/herself and his/her personnel onto the Installation. It may be that only government personnel may be permitted to take photographs. The Recipient must comply with all security rules, regulations, requirements, and day-to-day operational changes thereto. Unannounced changes to day-to-day operational procedures may, at times, prohibit the Recipient access to study/project sites.

While on the installation, the Recipient shall abide by all applicable rules and regulations issued by the Commanding Officer. The Recipient may be subject to inspections for contraband while on Government property.

4. The Recipient shall manage the total work effort and assure fully adequate and timely completion of services required under this Agreement. Included in this function shall be a full range of management duties including, but not limited to, planning, scheduling, inventory, analysis, quality control, and for meeting professional industry standards for conducting scoped activities of this Agreement.

5. Due to the complexity of work, the Recipient shall provide a Senior Scientist/Principal Investigator (PI), a Research Scientist/Project Manager (PM) and as many trained technicians as necessary to complete the work.

a. Senior Scientist/PI: The Recipient shall designate one person as responsible for ensuring that provisions are in place for project and personnel supervision, quality control and meeting of reporting requirements are met on a daily basis. This position shall be responsible for liaison between Recipient and the Grants Officer or CATR and shall serve as the main point of contact for all required results and/or progress reports on the study.

i. At least five (5) years of professional research experience conducting and publishing genetic analyses, including having developed genetic markers for and analyzing genetic patterns.

ii. A minimum of five (5) years of experience in a PI capacity.

b. Research Scientist/PM: The PM shall serve as the main point of contact for status/progress and deliverables.

i. A minimum of three (3) years in project management.

ii. A graduate science degree with a completed thesis, dissertation, or capstone that demonstrates ability to communicate through written reports (Masters of Science, Doctorate, or similar).

c. Technician(s): The Recipient shall assign and delegate work to technicians as necessary to provide deliverables in an efficient and timely manner.

Any change to the Principal Investigator or Project Manager after award of Cooperative Agreement, shall require approval by the CAA.

6. The Recipient shall work closely with the CATR and Installation Representative in planning and completing all activities. It is the Recipient’s responsibility to ensure that all personnel who visit the Installation coordinate with the Installation Representative regarding site access. The Recipient shall provide a list of all personnel working on this project to the CATR and Installation Representative.

7. All genetic analyses conducted and management recommendations developed during this Agreement shall be scientifically defensible and suitable for publication. Data should be analyzed using acceptable methods as determined in current scientific literature(s). The CATR or Installation Representative, at their discretion, may subject the draft report to external peer review. All sensitive data shall be submitted in a separate appendix to the final report.

8. Work Control. The Recipient shall implement all necessary work control procedures to ensure timely accomplishment of work requirements, as well as to permit tracking of work in progress. The Recipient shall plan and schedule work to assure material, labor, and equipment are available to complete work with the quality standards established herein.

9. Work Schedule. All work shall be performed and completed in accordance with the time frames established in the Work Plan for each item of work. The schedule shall list the type of work to be performed and the estimated time to complete the work. The initial work schedule shall be submitted to the CATR and Installation Representative for approval within 30 calendar days after issuance of the Agreement. Changes to the schedule shall be submitted to the CATR and Installation Representative for approval.

10. Throughout the term of this Agreement the CATR and the Installation Representative shall be afforded the opportunity by the Recipient to periodically observe the Recipient’s field activities, to review computer or paper files of raw data, prepared data (such as data analyses, summaries, maps, figures, tables, etc.), or any record deemed appropriate by the CAA in establishing the Recipient’s performance in fulfilling the requirements of this Agreement.

11. The Recipient shall conduct field investigations and interviews with experts and authorities as necessary to accomplish the work described in this Scope. They shall particularly attempt to contact and utilize information from local offices and personnel of the USFWS, and other investigators who have conducted same or similar efforts in the past.

12. The Recipient will have access to all pertinent files, reports, and plans archived at NREA that might assist the Recipient to accomplish the requirements of this Agreement.

13. All work conducted in support of this Agreement shall comply with all federal laws applicable to the Installation including, but not limited to, the Endangered Species Act, the Clean Water Act and the Migratory Bird Treaty Act.

14. The data obtained during this Agreement shall be scientifically defensible and suitable for publication. All methods of data collection and analyses shall be standardized with previous studies conducted by the Recipient under past Agreements for this type of work, or when appropriate, analyzed using acceptable new or improved methods as determined in current scientific literature(s).

If changes in analyses make results unfit for comparison with previously collected data, the Recipient shall reanalyze all appropriate data sets for comparison. The CATR or Installation representative, at their discretion, may subject draft work plans, draft reports or draft manuscripts to external peer review.

15. All data, databases, and analyses collected, produced, and delivered as part of this Agreement are the property of the DoN.

16. Sections of this Agreement may be added to, deleted, or modified during the year to reflect project changes or new information, such as program cost increases or manpower requirements. Any management activities not specifically provided for within this Scope of Work that are deemed necessary to carry out this Agreement shall be discussed with and mutually agreed to by the Recipient, CATR, CAA and Installation Representative prior to implementation by the Recipient.

Changes to this Agreement will be made effective only through an Agreement Amendment signed by the Recipient and the Grant Officer.

H. SPECIFIC REQUIREMENTS

This agreement requires the Recipient to continue building on the genetic data accumulated through contract N62473-18-2-0011 (and related project task orders and cooperative agreements for field collection), and to address specific questions regarding genetic assimilation of translocated Agassiz’s desert tortoises into the recipient populations. The Recipient shall conduct their analysis on approximately 1000-2000 tissue samples collected from translocated and resident males and females to determine hatchling parentage and the assimilation of translocated tortoise genotypes to the resident population. Note sample collection, processing, and shipping are being conducted as part of efforts on other contracts. All costs associated with these tasks, and any other per-sample costs, are not to be attributed to the work herein.

I. MEETINGS/COORDINATION

1. The Recipient or his/her designee will attend (via teleconference) a kick-off meeting with the CATR and the Installation Representative or their designee(s). The CATR shall arrange the meeting.

The meeting shall take place within 30 working days of the agreement award. The purpose of the kick-off meeting is to discuss any questions the Recipient may have regarding the agreement and lay out the framework for a Work Plan.

2. The Recipient shall be available throughout the Agreement period for consultation with the Agreement and Installation Representatives on matters involving data analysis or development of the report/manuscript. These meetings are likely to be held via teleconference.

3. The Recipient may attend a meeting with the Installation Representative and CATR upon completion of the study to present results.

J. SUBMITTALS and SCHEDULES

Recipient agrees to submit the following deliverables:

Base Period:

Meeting Notes Submitted within 5 business days of the date of the meeting, final version submitted within 5 business days of receipt of Government comments/edits.

Work Plan Submitted within 15 business days of the kickoff meeting.

Interim Annual Report (3) Submitted by 30 June.

Draft Final Report Submitted by 30 June 2031.

Final Report/Manuscript Submitted 30 days after US Government has provided comments on the Draft.

Work Plan shall provide a detailed description of the methods to be employed as well as the timeline for the sample sequencing, analysis and report delivery.

Interim Annual Reports shall include a summary of work completed to date, work expected during the next reporting period, and any issues encountered. The Interim Annual Report shall provide interim assessments of genetic assimilation of translocated tortoises into the recipient population.

Draft Report/Manuscript: Upon completion of two years’ worth of sample analysis, four years if the option is executed, the Recipient shall prepare a report or manuscript(s) presented in a style suitable for publication and following Environmental Work Instruction EVR.4 (Revision 5, 22 September 2021, sometimes abbreviated as “EWI 4”).

1) Title page showing the title and date.

2) Sub-title page:

a. Title.

b. “Prepared for:” listing (MCAGCC).

c. “Prepared by:” listing with affiliation.

d. Date.

e. Navy Records identification number

e. Recommended citation, including Contract Number.

3) Abstract. A synopsis of the project summarizing project purpose and emphasizing the findings, conclusions and management recommendations.

4) Introduction. A statement of the context and purpose of the investigation, and the general means for addressing the goals of the investigation.

5) Methods. A description of sampling scheme, sequencing techniques, and analytical methods.

6) Results. This will be a thorough description of the findings of the project. The text of the Results shall summarize major patterns and findings supported via illustrative materials (Figures, Maps, Tables and Appendices).

7) Discussion/Recommendations. This section will interpret the results and discuss their biological and management significance for MCAGCC and the species.

8) In the Acknowledgments include the following statement: “This work was funded by the Marine Corps Air Ground Combat Center (MCAGCC).”

9) Literature Cited. A complete listing of all references, including written publications, correspondence and oral presentations, as per the CBE Style Manual, 5th edition or later.

The report shall be free of grammatical, spelling, and typographic errors and of a quality acceptable for peer-reviewed scientific journal publication. The CATR may reject the draft if the quality of the report (i.e., writing and presentation) is not professional in content or appearance.

The Recipient shall submit electronic copies in Microsoft Word-compatible (2016 or later) format of the Draft report to the CATR and IR no later than June 30 2023. A screen check final will be submitted that has incorporated all comments within 30 days of receiving comments. The revised report will not be submitted until the screen check final version has incorporated all required modifications. If the Government has requested modifications to which the Recipient takes exception, a meeting or telephone conference will be held to settle these differences. If there are unresolved differences, the Recipient will address these in a separate rebuttal document to the CAA.

Electronic copies of the report shall be submitted via DoDSAFE in MS WORD 2016 (or later) compatible format and Adobe Acrobat (.pdf) format. One printed unbound hardcopy shall be provided to NAVFAC records management with a CD/DVD copy of any data appendices (contact diane.c.silva.civ@us.navy.mil for current submission instructions).

Any maps and photos that are relevant will be included in the report. Specifications for submitting digital data shall be provided upon finalizing the Agreement.

K. DATA AND PUBLICATION

1. This Cooperative Agreement is subject to, and Recipient shall comply with, 2 CFR 200.315 concerning “Intangible Property,” which includes use of research data. Any information or data protected by federal law will be identified by the Government prior to being provided to Recipient and the Government will notify the Recipient in advance of applicable limitations on such information. Except as to information so identified and limited, there are no restrictions on reporting or publishing reports based upon the fundamental research that is the subject of this Cooperative Agreement.

The Federal Government has the right to obtain, reproduce, publish or otherwise use the data first produced under this Agreement and authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. The DoN acknowledges and agrees that the Recipient’s fundamental consideration in performing the research under this Agreement shall be Recipient’s right to publish the results of such research for academic and scientific purposes. The Recipient shall submit, for review and comment, any proposed professional, scientific or non-scientific report, paper or note published or unpublished or be part of any technical or non-technical presentation or be provided to anyone not a party to this Agreement to the DoN thirty 14 days prior to the submission of the work mentioned above.

2. Any publications resulting from this work shall be provided at no cost to the Department of the Navy in quantities jointly determined by the Department of the Navy representative and the Recipient at the time of publication.

3. The Recipient shall be responsible for ensuring all personnel participating in activities under this Agreement have read and acknowledged the SUBMITTALS AND SCHEDULES and DATA AND PUBLICATION provisions of this Agreement.

L. RELEASE OF INFORMATION

The Recipient shall not respond to any inquiries about this Cooperative Agreement from the news media or non-governmental organizations or other persons during the term of this Cooperative Agreement unless it has first consulted with the Government and a determination appropriately made by the cognizant Government representative concerning release of information pursuant to the authority (Federal or State) cited by the requester. All inquiries shall be directed to the Public Affairs Officer at the Installation through the MCAGCC IR, CATR, and CAA.

mailto:diane.c.silva.civ@us.navy.mil

M. SAFETY

The Recipient will not be required to develop an Accident Prevention Plan (APP) for this Cooperative Agreement based on the determination that site access and potentially hazardous activities will not be undertaken. However, the Recipient should follow any internal safety and APP plans currently in place. If the Recipient decides to visit the installation in person, an APP prepared by individuals certified in the EM-385-1-1 Safety and Health Requirements (40-hour certification).

N. HOLD HARMLESS

1. The US Government shall not be responsible for the loss of or damage to property of the Recipient and/or his/her representatives, or for personal injuries to the Recipient and/or his/her representatives arising from or incident to the use of government facilities or equipment. Recipient shall indemnify, hold harmless, defend and save Government harmless and shall pay all costs, expenses, and reasonable attorney’s fees for all trial and appellate levels and post-judgment proceedings in connection with any fines, suits, actions, damages, liability and causes of action of every nature whatsoever arising or growing out of, or in any manner connected with, the occupation or use of Government Premises by Recipient, its employees, servants, agents, guests, invitees, and contractors.

This includes, but is not limited to, any fines, claims, demands and causes of action of every nature whatsoever that may be made upon, sustained or incurred by the Government by reason of any breach, violation, omission or non-performance of any term, covenant or condition hereof on the part of the Recipient, its employees, servants, agents, guests, invitees, or contractors. This indemnification also applies to claims arising out of the furnishings of any utilities or services by the Government or any interruption therein or failure thereof, occasioned by the negligence or lack of diligence of Recipient or its respective officers, agents, servants or employees. However, this indemnity shall not extend to damages due to the sole fault of the Government or its employees, agents, servants, guests, invitees or contractors. This covenant shall survive the termination of this Cooperative Agreement.

2. In the event of damage, including damage by contamination, to any US Government property by the Recipient, its officers, agents, servants, employees, or invitees, the Recipient, at the election of the US Government, shall promptly repair, replace, or make monetary compensation for the repair or replacement of such property to the satisfaction of the US Government.

O. INSURANCE

1. At the commencement of this Cooperative Agreement, the Recipient shall obtain, from a reputable insurance company or companies satisfactory to the US Government, comprehensive general liability insurance. The insurance shall provide an amount not less than a minimum combined single limit of $1,000,000.00 for any number of persons or claims arising from any one incident with respect to bodily injuries or death resulting therefrom, property damage or both, suffered or alleged to have been suffered by any person or persons resulting from or related to the presence or operations of the Recipient, its employees, agents or contractors under this Cooperative Agreement. The Recipient shall require the insurance company or companies to furnish the US Government with a certified copy of the policy or policies, or certificates of insurance evidencing the purchase of such insurance. Each policy of insurance required under this Paragraph shall contain an endorsement reading as follows:

“The insurer waives any right of subrogation against the United States of America which might arise by reason of any payment made under this policy.”

2. All insurance required of the Recipient hereunder shall be in such form, for such periods of time and with such insurers as the US Government may require or approve. All policies or certificates issued by the respective insurers for public liability and property insurance shall name the United States of America as an additional insured, and shall provide that no cancellation, reduction in amount or any material change in coverage thereof shall be effective until at least 30 calendar days after receipt by the US Government of written notice thereof, regardless of any prior act or failure to act or negligence of the Recipient or the US Government or any other person concerning such amount or change in coverage.

3. The Recipient at its sole cost and expense, may insure its activities in connection with this Cooperative Agreement by maintaining a program of self-insurance that complies with the requirements of this Section N, including coverages specified in Attachment A hereof. Recipient shall also provide a copy of the exempting statute cited in support of its claim of self-insurance pursuant to Section 2 of Attachment A to this Cooperative Agreement. (The self-insurance clause is applicable only to appropriate state and local governments and qualifying institutions of higher education who provide evidence of a self-insurance program in accordance with this Section and Attachment A, Section 2.)

4. During the entire period the Cooperative Agreement shall be in effect, the Recipient shall require its contractors or agents or any contractor performing work at the Recipient’s or agent’s request on the affected US Government Premises to carry and maintain the insurance required below:

“Comprehensive general liability insurance in the amount of $1,000,000.00.”

5. The Recipient and any of its contractors or agents shall deliver or cause to be delivered promptly to the Cooperative Agreement Administrator, a certificate of insurance or a certified copy of each renewal policy evidencing the insurance required by this Cooperative Agreement and shall also deliver no later than thirty (30) calendar days prior to expiration of any such policy, a certificate of insurance evidencing each renewal policy covering the same risks.

6. In the event that any item or part of the premises or facilities shall require repair, rebuilding, or replacement resulting from loss or damage, the risk of which is assumed under this Section N, the Recipient shall promptly give notice thereof to the US Government and, to the extent of its liability as provided in this Section N, shall, upon demand, either compensate the US Government for such loss or damage, or rebuild, replace or repair the item or items of the premises or facilities so lost or damaged, as the US Government may elect. If the cost of such repair, rebuilding, or replacement exceeds the liability of the Recipient for such loss or damage under this Section N, the Recipient shall effect such repair, rebuilding, or replacement if required so to do by the US Government, and such excess of cost shall be reimbursed to the Recipient by the US Government. In the event the Recipient shall have effected any repair, rebuilding, or replacement which the Recipient is required to effect pursuant to this Section O, the US Government shall direct payment to the Recipient of so much of the proceeds of any insurance carried by the Recipient and made available to the US Government on account of loss of or damage to any item or part of the premises or facilities as may be necessary to enable the Recipient to effect such repair, rebuilding or replacement. In event the Recipient shall not have been required to effect such repair, rebuilding, or replacement, and the insurance proceeds allocable to the loss or damage which has created the need for such repair, rebuilding or replacement have been paid to the Recipient, the Recipient shall promptly refund to the US Government the amount of such proceeds.

P. PAYMENTS

1. Partial payments equal to the amount of work accomplished may be made quarterly throughout the project.

2. The final payment of 10 percent of the Cooperative Agreement overall value shall be paid when the final report and all other submittals listed in Section I have been received and accepted by the

CATR.

3. Any requirement for the payment or obligation of funds, under the terms of this Agreement, shall be subject to the availability of appropriated funds, and no provision herein shall be interpreted to require obligation or payment of funds in violation of the Anti-Deficiency Act, 31 USC §1341 et seq.

Nothing in this Agreement shall be construed as implying that Congress will, at a later time, appropriate funds sufficient to meet deficiencies.

4. Payments will be made in accordance with Defense Federal Acquisition Regulation (DFAR) 252.232-7006 Wide Area Work Flow Payment Instruction. See Attachment WAWF Instructions for instructions on payment procedures.

5. Financial Reports shall be prepared in accordance with 2 CFR 200, are required in accordance with the following schedule, and shall be submitted to the CAA and CATR.

Financial Reports Reporting Period Due Date Request for Advance or Reimbursement (SF270)

Submitted with any invoice on WAWF for Advance or Reimbursement

Contemporaneous with any invoice submitted on WAWF

Final Financial Status Report (SF425 marked final in box 6)

Period of performance 90 days after end of period of performance

Q. EXECUTIVE COMPENSATION AND FIRST-TIER SUBCONTRACT REPORTING

Section 2(d) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. No. 109- 282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L.

110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public.

Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-tier subcontract with a value of $25,000 or more, (and any modifications to these subcontracts that change previously reported data), the Contractor shall report the following information at http://www.fsrs.gov for each first-tier subcontract:

(a) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has one.

(b) Name of the subcontractor.

(c) Amount of the subcontract award.

(d) Date of the subcontract award.

(e) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(f) Subcontract number (the subcontract number assigned by the Contractor).

(g) Subcontractor's physical address including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(h) Subcontractor’s primary performance location including street address, city, state, and country. Also include the nine-digit zip code and congressional district.

(i) The prime contract number, and order number if applicable.

(j) Awarding agency name and code.

(k) Funding agency name and code.

(l) Government contracting office code.

(m) Treasury account symbol (TAS) as reported in FPDS.

(n) The applicable North American Industry Classification System (NAICS) code.

By the end of the month following the month of a contract award, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for the Contractor’s preceding completed fiscal year at http://www.ccr.gov, if –

(a) In the Contractor’s preceding fiscal year, the Contractor received –

(i) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants) and cooperative agreements; and

(ii) $25,000,000 or more in annual gross revenues from Federal contracts (and

(b) The public does not have access to information about the compensation of the executives http://www.ccr.gov/ through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm).

Unless otherwise directed by the Contracting Officer, by the end of the month following the month of a first-tier subcontract with a value of $25,000 or more, and annually thereafter, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for each first-tier subcontractor for the subcontractor’s preceding completed fiscal year at http://www.fsrs.gov, if

(a) In the Subcontractor’s preceding fiscal year, the Subcontractor received –

(i) 80 percent or more of its annual gross revenues from Federal contracts (and

(ii) $25,000,000 or more in annual gross revenues from Federal contracts (and

(b) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm).

If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards. Likewise, if a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards to that subcontractor.

R. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO

SURVEILLANCE SERVICES OR EQUIPMENT, 2 CFR § 200.216

(a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to:

(1) Procure or obtain;

(2) Extend or renew a contract to procure or obtain; or

(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

http://www.sec.gov/answers/execomp.htm http://www.fsrs.gov/ http://www.sec.gov/answers/execomp.htm https://www.govinfo.gov/link/plaw/115/public/232

(i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

(ii) Telecommunications or video surveillance services provided by such entities or using such equipment.

(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

(b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.216

END

https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/subpart-C/section-200.216

ATTACHMENT A

SELF-INSURANCE REQUIREMENTS FORM

INSURANCE MUST CONFORM TO ALL THE REQUIREMENTS LISTED BELOW

PRIOR TO RECIPENT BEING PERMITTED TO USE OR OCCUPY GOVERNMENT

PREMISES OR PROPERTY PURSUANT TO THE COOPERATIVE AGREEMENT

1. PUBLIC LIABILITY AND PROPERTY DAMAGE

a. Required minimum amounts of insurance listed below:

$ N/A Fire and Extended Coverage $ 1,000,000 Third Party Property Damage $ 1,000,000 Third Party Personal Injury Per Person $ 1,000,000 Third Party Personal Injury Per Accident

2. SELF-INSURANCE REQUIREMENTS: If your organization is self-insured, please provide evidence of self-insurance which meets or exceeds the insurance liability amounts in Item # 1.

The following information, written on your organization‘s letterhead, is also required:

• A brief description of your organization’s self-insurance program, with reference to statutory or regulatory authority establishing the self insurance program.

• The name and telephone number of your organization’s self-insurance program administrator.

• Reference the appropriate military facility and Cooperative Agreement number.

3. IF YOUR SELF-INSURANCE PROGRAM DOES NOT MEET THE ABOVE

MINIMUM REQUIREMENTS:

• Provide evidence of Excess Liability Insurance in the amount necessary to meet or exceed the minimum requirements in Item #1 above.

• The following endorsements are required for Excess Liability insurance policies:

a. “The insurer waives any right of subrogation against the United States of America which might arise by reason of any payment made under this policy."

b. "The Commanding Officer, Naval Facilities Engineering Command San Diego, CA shall be given thirty (30) days written notice prior to making any material change in or the cancellation of the self insurance program."

c. "The United States of America (Department of the Navy) is added as an additional insured in operations of the policyholder at or from the premises licensed/leased from the United States”.

d. "This insurance certificate is for use of facilities at Marine Corps Air Ground Combat Center under this Cooperative Agreement, No. N62473-25-2-0006.”

4. NOTICE: "RIGHT TO USE" DOCUMENTS WILL NOT BE FULLY EXECUTED

UNTIL CERTIFICATE IS RECEIVED WITH PROPER ENDORSEMENTS.

ATTACHMENT A

NON SELF-INSURED REQUIREMENTS FORM

INSURANCE MUST CONFORM TO ALL THE REQUIREMENTS LISTED BELOW

PRIOR TO RECIPENT BEING PERMITTED TO USE OR OCCUPY US

GOVERNMENT PREMISES OR PROPERTY PURSUANT TO THE COOPERATIVE

AGREEMENT

1. PUBLIC LIABILITY AND PROPERTY DAMAGE

a. Required minimum amounts of insurance listed below:

$ N/A Fire and Extended Coverage $ 1,000,000 Third Party Property Damage $ 1,000,000 Third Party Personal Injury Per Person $ 1,000,000 Third Party Personal Injury Per Accident

2. THE CERTIFICATE OF INSURANCE MUST CONTAIN THE FOLLOWING

ENDORSEMENTS:

a. "The insurer waives any right of subrogation against the United States of America which might arise by reason of any payment made under this policy."

b. "The Commanding Officer, Naval Facilities Engineering Command, Facilities Engineering Command, shall be given thirty (30) days written notice prior to making any material change in or the cancellation of the policy."

c. "The United States of America (Dept. of the Navy) is added as an additional insured in operations of the policyholder at or from the premises licensed/leased from the United States."

d. "This insurance certificate is for use of facilities at Marine Corps Air Ground Combat Center under this Cooperative Agreement, No. N62473-25-2-0006.”

e. Loss, if any, under this policy shall be adjusted with Recipient and the proceeds, at the direction of the US Government, shall be payable to Recipient, and proceeds not paid to Recipient shall be payable to the Treasurer of the United States of America.”

3. NOTICE: "RIGHT TO USE" DOCUMENTS WILL NOT BE FULLY EXECUTED

UNTIL CERTIFICATE IS RECEIVED WITH PROPER ENDORSEMENTS.

ATTACHMENT WAWF INSTRUCTIONS

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JUN 2012)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the Central Contractor Registration at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web- Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

N62473-25-2-000006.

(1) Document type. The Contractor shall use the following document type(s).

NAVY CONSTRUCTION/FACILITIES MANAGEMENT INVOICE

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC N68732 Issue By DoDAAC N62473 Admin DoDAAC N62473 Inspect By DoDAAC N62473/EPLAN Ship To Code N/A Ship From Code N/A Mark For Code N/A Service Approver (DoDAAC) N/A Service Acceptor (DoDAAC) N62473/EPLAN Accept at Other DoDAAC N/A LPO DoDAAC N62473/EPLAN DCAA Auditor DoDAAC N/A Other DoDAAC(s) N/A

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

NAVFAC_SW_ECOMP_inspector@navy.mil mailto:NAVFAC_SW_ECOMP_inspector@navy.mil david.k.mcnaughton2.civ@us.navy.mil

(g) WAWF point of contact.

(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

(End of clause) mailto:david.k.mcnaughton2.civ@us.navy.mil