434288 - DRAFT Award.pdf
PDF 2 MB Posted
- Solicitation number
- 434288
- Issued by
-
Department of Energy Office of Science
About this file
This document is a draft research subcontract between Brookhaven Science Associates, LLC and an unnamed educational institution or nonprofit organization. The subcontract is for work on deep learning and computer vision techniques to support upgraded science and engineering at the NSLS-II facility, as described in the Statement of Work. The period of performance is from date through date, with an optional additional year exercisable at the discretion of Brookhaven Science Associates. The total funding amount for the base period is $amount, with an optional year ceiling of $amount if exercised. The subcontract incorporates standard clauses for intellectual property, property management, disputes, termination, and other administrative requirements. Invoices are to be submitted monthly with cost categories broken out. The subcontractor is to perform the work at a non-DOE facility and must comply with Brookhaven Science Associates quality assurance procedures.
View the file
Other files
| File | Type | Posted |
|---|---|---|
| 434288 - RFQ Document.pdf | ||
| 434288 - Quotation Pricing Sheet.docx | DOCX document |
On GovTribe
Work with this file
- Download the original file
- Contacts named in this file
- Similar government files
- Ask GovTribe AI about this file
Text version
Rev. 10.0 Jun 2020 1
TSTANDARD RESEARCH SUBCONTRACT
(EDUCATIONAL INSTITUTION or NONPROFIT
ORGANIZATION)
[FOR UNCLASSIFIED WORK]
NO. 434288
Brookhaven Science Associates, LLC Brookhaven National Laboratory P.O. Box 5000 Upton, NY 11973
Subcontractor: TBD Attention: TBD Address: TBD City, State, Zip: TBD,TBD TBD Country: TBD Telephone #: TBD E-Mail: TBD
Contractor’s Procurement Representative:
Proc. Rep: Cassandra Smith Proc. Rep Title: Contracts Specialist Telephone #: (907) 888-3142 E-Mail: csmith2@bnl.gov
Introduction This is a cost-reimbursement, no-fee, standard Subcontract for unclassified research and development work, not related to nuclear, chemical, biological, or radiological weapons of mass destruction, between Brookhaven Science Associates, LLC, a not-for-profit limited liability company organized under the laws of the State of Delaware, (hereinafter “Contractor”) and TBD, (hereinafter “Subcontractor”). This Subcontract is issued under a Prime Contract No. DE- SC0012704 between the Contractor and the United States Department of Energy (hereinafter “DOE”) for the management and operation of Brookhaven National Laboratory (hereinafter “DOE Facility”).
Agreement The parties agree to perform their respective obligations in accordance with the terms and conditions of the Schedule and the General Provisions (Appendix A) and other documents attached or incorporated by reference, which together constitute the entire Subcontract and supersedes all prior discussions, negotiations, representations, and agreements.
TBD
By:
Name:
Title:
Date:
Brookhaven Science Associates, LLC
By:
Name: Cassandra Smith Title: Contracts Specialist Date:
Should any exceptions or alterations to the Subcontract be taken or made in any manner, the Contractor’s execution thereof shall be null and void. Should exception(s)/alteration(s) be taken, the Contractor’s Procurement Representative is to be notified. The Contractor will consider the requested exception(s)/alteration(s) and notification will be provided accordingly. No Subcontract shall exist unless and until such differences are resolved. The Subcontractor shall sign and return one (1) copy of this Subcontract to the attention of Cassandra Smith, Contracts Specialist, Procurement and Property Management Division, via telephone no. (907) 888-3142, e-mail address csmith2@bnl.gov.
mailto:csmith2@bnl.gov
Rev. 10.0 Jun 2020 2
TABLE of CONTENTS
Introduction Agreement
SCHEDULE OF ARTICLES
1) Statement of Work
2) Report Preparation Requirements
3) Period of Performance
4) Costs and Payments
5) Invoices for Payment
6) Contractor-Furnished and Subcontract-Acquired Property
7) Subcontract Administration
8) Travel Requirements
9) Performance of Work
10) Incorporated Documents
APPENDIX A - GENERAL PROVISIONS
CLAUSE 1 – PUBLICATIONS
CLAUSE 2 – NOTICES
CLAUSE 3 – ASSIGNMENTS
CLAUSE 4 – DISPUTES
CLAUSE 5 – RESPONSIBILITY FOR TECHNOLOGY EXPORT CONTROL
CLAUSE 6 – COST ACCOUNTING STANDARDS (CAS) LIABILITY
CLAUSE 7 – DISCLOSURE AND USE RESTRICTIONS FOR LIMITED RIGHTS DATA .. 10
CLAUSE 8 – ORDER OF PRECEDENCE
CLAUSE 9 – SECURITY REQUIREMENTS
CLAUSE 10 – CLAUSES INCORPORATED BY REFERENCE
APPLICABLE TO ALL SUBCONTRACTS UNLESS OTHERWISE INDICATED BELOW: 12
APPLICABLE IF THE SUBCONTRACT EXCEEDS $15,000:
APPLICABLE IF THE SUBCONTRACT EXCEEDS $150,000:
APPLICABLE IF THE SUBCONTRACT EXCEEDS $700,000:
APPLICABLE IF THE SUBCONTRACT EXCEEDS $750,000:
ATTACHMENT 1 – STATEMENT OF WORK
ATTACHMENT 4 – SUBCONTRACTOR’S COST PROPOSAL
ATTACHMENT 7 – BNL-QA-101
Rev. 10.0 Jun 2020 3
SCHEDULE OF ARTICLES
1) Statement of Work
The Subcontractor shall perform certain research and development work identified as Deep Learning and Computer Vision for Upgraded Science and Engineering at NSLS-II and more fully described in the Statement of Work, Attachment 1, to this Subcontract.
The Subcontractor’s Principal Investigator assigned to this work is TBD. The Principal Investigator shall not be replaced or reassigned without the advance written approval of the Contractor’s Procurement Representative.
2) Report Preparation Requirements
a. These instructions apply to all formal reports, including the final report, required by the Subcontract. It does not apply to letter reports or reports specifically identified as Milestones in Article 3, Period of Performance in this Subcontract as informal reports.
b. The final report shall contain a comprehensive summary of all work results and conclusions. All reports shall fairly and completely describe the efforts applied to and the results obtained toward achievement of scientific objectives of the subcontract work. If an objective is not accomplished, such failure shall be fully documented and explained in the report.
c. Reports shall include the following elements: (a) a brief abstract of the report which describes the overall objectives and results; (b) a full statement of each objective and description of the effort performed and the accomplishments achieved; (c) a list of any publication or information release made of material developed or maintained through the performance of the subcontract; and (d) any other relevant information.
d. The Subcontractor shall submit the final and any intermediate reports to the Contractor’s Technical Representative, upon completion of the work and, when the Subcontract contains milestone requirements, on the indicated milestone dates. When requested by the Contractor’s Technical Representative, the Subcontractor shall submit a draft copy of the final report for review prior to finalization. The Contractor’s Technical Representative need not approve the Subcontractor’s reported conclusions of the research.
3) Period of Performance
The work described in Article 1, Statement of Work, shall remain in effect for the period TBD through TBD. There is one (1) additional option year that is exercisable at the
Rev. 10.0 Jun 2020 4 unilateral discretion of BSA If option year is exercised, period of performance would end
TBD.
4) Costs and Payments
a. This Subcontract is fully funded for the period TBD through TBD and is subject to the Limitation of Funds clause of the General Provisions. The funding amount currently allotted to this Subcontract is $TBD. Additional option year, if exercised, will be executed by written modification at pricing agreed to at time of Award. If option year is exercised, the total ceiling cost of this Subcontract shall not exceed $TBD.
b. The Contractor will pay the Subcontractor for performance of this Subcontract, unless excluded or limited by other provisions of this Subcontract, the allowable direct costs incident to performance, plus the allocable portion of the allowable indirect costs of the Subcontractor. Allowable and allocable costs shall be determined in accordance with the cost principles of the Allowable Cost and Payment clause of the General Provisions.
5) Invoices for Payment
a. Payments for Subcontract work shall be made monthly based on invoices submitted by the Subcontractor for work performed. Invoices shall bear the following certification signed by a responsible official of the Subcontractor:
“The undersigned certifies that the information set forth herein is true and correct and may be used as a basis for payment for work.”
b. Invoices must identify the Subcontract number, the period covered, and the total expenditures claimed for each of the following categories: salaries, fringe benefits, travel, materials and supplies, equipment, subcontracts/consultants, other direct costs such as rent, when applicable, and indirect or Facility and Administration costs.
c. Invoices shall be directed to BSA’s Accounts Payable Section via electronic or regular mail.
d. Electronic invoice submittal is preferred by BSA. Invoices shall be submitted in PDF format, via e-mail, to apinvoices@bnl.gov.
e. Hard copy invoices shall be mailed to:
Brookhaven National Laboratory Accounts Payable – Contract Section Bldg. 400 P.O. Box 5000 mailto:apinvoices@bnl.gov
Rev. 10.0 Jun 2020 5
ACH/EFT payment(s) shall be made to:
TBD
f. The Contractor will use its best efforts to process invoices for payment within 30 days of receipt; provided, however, that payments made more than 30 days after receipt of an invoice shall not be subject to penalty, interest, or late charges.
g. Invoices which include any property acquired by the Subcontractor shall include the following information: a description of the property, an assigned property number, the name of the manufacturer, serial and model number, the acquisition date, unit price, quantity, total cost and location of the item.
6) Contractor-Furnished and Subcontract-Acquired Property
a. Reserved.
b. Purchase of equipment or other tangible personal property, which is not identified in the Subcontractor’s cost proposal for this Subcontract and for which the Subcontractor is entitled to be reimbursed as a direct item of cost under this Subcontract, shall be approved in advance by the Contractor’s Procurement Representative.
c. All property furnished by the Contractor or acquired by the Subcontractor, as a direct cost under the Subcontract, title to which vests in the Government, shall be identified, controlled, and protected as required by the Government Property clause of the General Provisions of this Subcontract. Disposition of such property upon completion of this Subcontract shall be as directed by the Contractor’s Procurement Representative.
d. If the Contractor provides the Subcontractor property that is marked as “high risk property” for use under this award, the Subcontractor shall ensure that adequate safeguards are in place, and adhered to, for the handling, control and disposition of property in accordance with the policies, practices and procedures for property management contained in the DOE Property Management Regulations (41 CFR 109-1.53). Title to all property marked as “high risk property” vests in the Government.
7) Subcontract Administration
a. The Contractor’s Procurement Representative for this Subcontract Cassandra Smith, telephone no. (907) 888-3142, e-mail address csmith2@bnl.gov. The Procurement Representative is the only person authorized to make changes in the requirements of this Subcontract or to make modifications to this Subcontract, including changes or modifications to the Statement of Work and the Schedule.
Rev. 10.0 Jun 2020 6
The Subcontractor shall direct all notices and requests for approval required by this Subcontract to the aforementioned e-mail address.
b. Any notices and approvals required by this Subcontract from the Contractor to the Subcontractor shall be issued by the Procurement Representative.
c. The Contractor’s Technical Representative for this Subcontract is TBD, telephone
no. TBD, e-mail address TBD. The Technical Representative is the person designated to monitor the Subcontract work and to interpret and clarify the technical requirements of the Statement of Work. The Technical Representative is not authorized to make changes to the work or modify this Subcontract.
d. The Subcontractor shall, as a condition of full payment, assist the Contractor after the completion of the work in accomplishing the administrative closeout of this Subcontract, including, as necessary or required, the furnishing of documentation and reports, the disposition of property, the disclosure of any inventions, the execution of any required documents, the performance of any audits, and the settlement of any interim or disallowed costs.
8) Travel Requirements
a. All travel not included in the Subcontractor’s cost proposal must be approved in advance by the Contractor.
b. All foreign travel must be approved in advance (at least 45 days prior to travel) by the Contractor, even if the cost is included in the Subcontractor's cost proposal for this Subcontract. Foreign travel requests should be submitted in accordance with DOE Order 551.1D (or current version).
c. Any travel costs will be reimbursable in accordance with the Subcontractor's institutional travel policy.
9) Performance of Work
The Subcontractor will perform the work at a location other than a DOE/NNSA Facility.
10) Incorporated Documents
The following documents are hereby incorporated as Attachments to this Subcontract:
• Attachment 1 - Statement of Work dated 08/24/2023
• Attachment 2 - Travel Costs_Reserved
• Attachment 3 - Intellectual Property_Reserved
• Attachment 4 - Subcontractor’s Cost Proposal
• Attachment 5 - Contractor-Furnished Government Property_Reserved
• Attachment 6 - Patent Certification_Reserved
Rev. 10.0 Jun 2020 7
• Attachment 7 - BNL Supplier Quality Assurance Requirements (BNL-QA-101)
Rev. 10.0 Jun 2020 8
APPENDIX A - GENERAL PROVISIONS
CLAUSE 1 – PUBLICATIONS
A. The Subcontractor shall closely coordinate with the Contractor’s Technical Representative regarding any proposed scientific, technical, or professional publication of the results of the work performed or any data developed under this Subcontract. The Subcontractor shall provide the Contractor an opportunity to review any proposed manuscripts describing, in whole or in part, the results of the work performed or any data developed under this Subcontract at least forty-five
(45) days prior to their submission for publication. The Contractor will review the proposed publication and provide comments. A response shall be provided to the Subcontractor within forty-five (45) days; otherwise, the Subcontractor may assume that the Contractor has no comments. Subject to the requirements of Clause 9, the Subcontractor agrees to address any concerns or issues identified by the Contractor prior to submission for publication.
B. Subcontractor may acknowledge the Contractor, and Government sponsorship of the work as appropriate.
CLAUSE 2 – NOTICES
A. The Subcontractor shall immediately notify the Contractor’s Procurement Representative in writing of: (1) any action, including any proceeding before an administrative agency, filed against the Subcontractor arising out of the performance of this Subcontract; and (2) any claim against the Subcontractor, the cost and expense of which is allowable under the terms of this Subcontract.
B. If, at any time during the performance of this Subcontract, the Subcontractor becomes aware of any circumstances which may jeopardize its performance of all or any portion of the Subcontract, it shall immediately notify the Contractor’s Procurement Representative in writing of such circumstances, and the Subcontractor shall take whatever action is necessary to cure such defect within the shortest possible time.
CLAUSE 3 – ASSIGNMENTS
The Contractor may assign this Subcontract to the Government or to a successor contractor to operate the DOE Facility. The Subcontractor agrees to look solely to the Government or to such successor contractor for payment of the part so assigned. Except as to assignment of payment due, the Subcontractor shall have no right to assign or mortgage this Subcontract or any part of it without the prior written approval of the Contractor’s Procurement Representative, except for subcontracts already identified in the Subcontractor’s proposal.
Rev. 10.0 Jun 2020 9
CLAUSE 4 – DISPUTES
A. Informal Resolution
1. The parties to a dispute shall attempt to resolve it in good faith, by direct, informal negotiations. All negotiations shall be confidential. Pending resolution of the dispute, the Subcontractor shall proceed diligently with the performance of this Subcontract, in accordance with its terms and conditions.
2. The parties, upon mutual agreement, may seek the assistance of a neutral third party at any time, but they must seek such assistance no later than 120 days after the date of the Contractor’s receipt of a claim. The requirement to seek assistance of a neutral third party may be waived or modified only with the consent of all parties. The parties may request the assistance of an established Ombudsman Program, where available, or hire a mutually agreeable mediator, or ask the DOE Office of Dispute Resolution to assist them in selecting a mutually agreeable mediator. The cost of mediation shall be shared equally by both parties. If requested by both parties, the neutral third party may offer a non-binding opinion as to a possible settlement. All discussions with the neutral third party shall be confidential.
3. In the event the parties are unable to resolve the dispute by using a neutral third party or waive the requirement to seek such assistance, the Contractor will issue a written decision on the claim.
B. Formal Resolution
1. If a dispute has not been resolved by informal resolution, it may be submitted to binding arbitration upon agreement of both parties, by and in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA). If arbitration is agreed to by both parties, such decision is irrevocable and the outcome of the arbitration shall be binding on all parties.
2. Each party to the arbitration shall pay its pro rata share of the arbitration fees, not including counsel fees or witness fees or other expenses incurred by the party for its own benefit.
3. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
C. Litigation
Rev. 10.0 Jun 2020 10
If arbitration is declined for such disputes, the parties may pursue litigation in any court of competent jurisdiction.
D. Governing Law
This Subcontract shall be interpreted and governed in accordance with all applicable federal and state laws and all applicable federal rules and regulations.
CLAUSE 5 – RESPONSIBILITY FOR TECHNOLOGY EXPORT CONTROL
The parties understand that materials and information resulting from the performance of this Subcontract may be subject to export control laws and that each party is responsible for its own compliance with such laws in accordance with DEAR 970.5225-1
COMPLIANCE WITH EXPORT CONTROL LAWS AND REGULATIONS,
incorporated herein by reference
CLAUSE 6 – COST ACCOUNTING STANDARDS (CAS) LIABILITY
Applicable to Subcontracts exceeding $750,000
Clause 10 below incorporates into these GENERAL PROVISIONS clauses entitled, “COST ACCOUNTING STANDARDS” or “DISCLOSURE AND CONSISTENCY OF COST ACCOUNTY PRIACTICES” and “ADMINISTRATION OF COST ACCOUNTING STANDARDS”. Notwithstanding the provisions of these clauses, or of any other provision of the Subcontract, the Subcontractor shall be liable to the Government for any increased costs, or interest thereon, resulting from any failure of the Subcontractor, with respect to activities carried on at the site of the work, or of a subcontractor, to comply with applicable cost accounting standards or to follow any practices disclosed pursuant to the requirements of such clause.
CLAUSE 7 – DISCLOSURE AND USE RESTRICTIONS FOR LIMITED RIGHTS
DATA
Generally, delivery of Limited Rights Data (or Restricted Computer Software) should not be necessary. However, only if Limited Rights Data will be used in meeting the delivery requirements of the subcontract, the following disclosure and use restrictions shall apply to and shall be inserted in, any FAR 52-227-14 Rights in Data – General (DEC 2007) Limited Rights Notice on any Limited Rights Data furnished or delivered by the Subcontractor or a lower-tier subcontractor:
A. These “Limited Rights Data” may be disclosed for evaluation purposes under the restriction that the “Limited Rights Data” be retained in confidence and not be further disclosed;
B. These “Limited Rights Data” may be disclosed to other contractors participating in the Government’s program of which this Subcontract is a part for information
Rev. 10.0 Jun 2020 11 or use in connection with the work performed under their contracts and under the restriction that the “Limited Rights Data” be retained in confidence and not be further disclosed; and
C. These “Limited Rights Data” may be used by the Government or others on its behalf for emergency repair or overhaul work under the restriction that the “Limited Rights Data” be retained in confidence and not be further disclosed.
CLAUSE 8 – ORDER OF PRECEDENCE
Any inconsistencies in the documents comprising this Subcontract shall be resolved by giving precedence in the following order: (a) the SCHEDULE OF ARTICLES and this Subcontract Signature Page; (b) these GENERAL PROVISIONS; (c) other referenced documents, exhibits, and attachments; and (d) any referenced specification or Statement of Work.
CLAUSE 9 – SECURITY REQUIREMENTS
A. This Subcontract is intended for unclassified, publicly releasable research or development work. The Contractor does not expect that results of the research project will involve classified information or Unclassified Controlled Nuclear Information (UCNI) (See 10 CFR part 1017). However, the Contractor may review the research work generated under this Subcontract at any time to determine if it requires classification or control as UCNI.
B. If, subsequent to the date of this Subcontract, a review of the information reveals that classified information or UCNI is being generated under this Subcontract, then the security requirements of this Subcontract must be changed. If such changes cause an increase or decrease in costs or otherwise affect any other term or condition of this Subcontract, the Subcontract shall be subject to an equitable adjustment as if the changes were directed under the Changes clause of this Subcontract.
C. If the security requirements are changed, the Subcontractor shall exert every reasonable effort compatible with its established policies to continue the performance of work under the Subcontract in compliance with the change in the security requirements. If the Subcontractor determines that continuation of the work under this Subcontract is not practicable because of the change in security requirements, the Subcontractor shall notify the Contractor’s Procurement Representative in writing. Until the Contractor’s Procurement Representative provides direction, the Subcontractor shall protect the material as directed by the Contractor.
D. After receiving the written notification, the Contractor’s Procurement Representative shall explore the circumstances surrounding the proposed change in security requirements and shall endeavor to work out a mutually satisfactory
Rev. 10.0 Jun 2020 12 method to allow the Subcontractor to continue performance of work under this Subcontract.
E. Within 15 days of receiving the written notification of the Subcontractor’s stated inability to proceed, the Contractor’s Procurement Representative must determine whether (1) these security requirements do not apply to this contract or (2) a mutually satisfactory method for continuing performance of work under this Subcontract can be agreed upon. If this determination is not made, the Subcontractor may request the Contractor’s Procurement Representative to terminate the Subcontract in whole or in part. The Contractor’s Procurement Representative shall terminate the Subcontract in whole or in part, as may be appropriate, and the termination shall be deemed a termination under the terms of the Termination for the Convenience of the Government clause.
CLAUSE 10 – CLAUSES INCORPORATED BY REFERENCE
The FEDERAL ACQUISITION REGULATION (FAR) and the U.S. DEPARTMENT OF ENERGY ACQUISITION REGULATION (DEAR) clauses listed below, which are located in Chapters 1 and 9, respectively, of Title 48 of the Code of Federal Regulations, are incorporated by this reference as a part of these GENERAL PROVISIONS, as they exist on the effective date of this Subcontract, with the same force and effect as if they were given in full text, as prescribed below.
The full text of the clauses may be accessed electronically at: https:// www.acquisition.gov/browse/index/far.
As used in the clauses, the term “contract” shall mean this Subcontract; the term “Contractor” shall mean the Subcontractor; the term “subcontractor” shall mean the Subcontractor’s subcontractor, and the terms “Government” and “Contracting Officer” shall mean the Contractor, except in FAR clauses 52.227-14 and 52.245-1, Alternate II, and DEAR clauses 970.5227-4, 952.227-11and 970.5232-3, in which clauses “Government” shall mean the United States Government and “Contracting Officer” shall mean the DOE/NNSA Contracting Officer for Prime Contract with the Contractor. As used in DEAR clauses 952.204-72 and 952.227-9, the term “DOE” shall mean DOE or the Contractor.
The modifications of these clause terms are intended to appropriately identify the parties and establish their contractual and administrative reporting relationship and shall not apply to the extent they would affect the U.S. Government’s rights. The Subcontractor shall include the listed clauses in its subcontract(s) at any tier, to the extent applicable.
APPLICABLE TO ALL SUBCONTRACTS UNLESS OTHERWISE INDICATED
BELOW:
FAR 52.215-23 LIMITATIONS ON PASS-THROUGH CHARGES
http://www.acquisition.gov/browse/index/far
Rev. 10.0 Jun 2020 13
FAR 52.216-7 ALLOWABLE COST AND PAYMENT
(substitute 31.3, in subcontracts with educational institutions and 31.7 in subcontracts with nonprofit organizations for 31.2 in paragraph (a))
FAR 52.216-15 PREDETERMINED INDIRECT COST RATES
FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES
FAR 52.222-26 EQUAL OPPORTUNITY
FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS
FAR 52.222-54 EMPLOYMENT ELIGIBILITY VERFICATION
FAR 52.223-3 HAZARDOUS MATERIAL IDENTIFICATION AND
MATERIALSAFETY DATA with ALTERNATE I (Applies only if Subcontract involves delivery of hazardous materials)
FAR 52.224-3 PRIVACY TRAINING
FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES
DEAR 970.5225-1 COMPLIANCE WITH EXPORT CONTROL LAWS AND
REGULATIONS
DEAR 970.5227-4 AUTHORIZATION AND CONSENT, Paragraph (a).
DEAR 952.204-71 SENSITIVE FOREIGN NATIONS CONTROLS
(Applies if the Subcontract is for unclassified research involving nuclear technology)
DEAR 952.227-9 REFUND OF ROYALTIES
(Applies if “royalties” of more than $250 are paid by a subcontractor at any tier)
DEAR 952.227-11 PATENT RIGHTS – RETENTION BY THE CONTRACTOR (SHORT
FORM
(Applies if the Subcontractor is a nonprofit organization as set forth in 48 CFR 27.301. If Subcontractor does not qualify in accordance with 48 CFR 27.301, it may request a patent waiver pursuant to 10 CFR 784)
FAR 52.227-14 [Check provision below that applies OR include only applicable provision] RIGHTS IN DATA – GENERAL with ALTERNATE V including new paragraph (j) and DEAR 927.409 revised paragraphs (a) and (d)(3). (Applies if the Subcontract is for development work, or for basic and applied research where computer software is specified as a Deliverable in the Statement of Work or other special circumstances apply as specified in the Agreement) RIGHTS IN DATA – GENERAL with ALTERNATE IV, and revised paragraph (c) (1) and DEAR 927.409, revised paragraph
(a) Definitions. (Applies if the Subcontract is for basic or applied Research and computer software is not specified as a Deliverable in the Statement of Work, and no other special circumstances apply Per DEAR 927.409)
FAR 52.227-23 RIGHTS TO PROPOSAL DATA (TECHNICAL)
(Applies if the Subcontract is based upon a technical proposal)
FAR 52.229-10 STATE OF NEW MEXICO GROSS RECEIPTS AND
COMPENSATING TAX
Rev. 10.0 Jun 2020 14
(Applies if any part of this Subcontract is to be performed in the State of New Mexico)
DEAR 970.5232-3 ACCOUNTS, RECORDS, AND INSPECTION
FAR 52.232-20 LIMITATION OF COST
(Applies if the Subcontract is fully funded)
FAR 52.232-22 LIMITATION OF FUNDS
(Applies if the Subcontract is incrementally funded) FAR 52.242-15 STOP-WORK ORDER with ALTERNATE I FAR 52.243-2 CHANGES – COST REIMBURSEMENT with ALTERNATE V FAR 52.244-2 SUBCONTRACTS with ALTERNATE I. Insert in Paragraph (e): "Any subcontract or purchase order for other than "commercial items" exceeding the simplified acquisition threshold. ("Commercial item" has the meaning contained in FAR .202-1, Definitions.)"
FAR 52.245-1 GOVERNMENT PROPERTY (COST-REIMBURSEMENT, TIME-
AND- MATERIALS, OR LABOR-HOUR CONTRACTS with Alternate II (JUN 2007). Paragraphs (e)(l), (e)(2), and revised (e)(3). Insert DEAR Subpart 945.5, after the reference to FAR Subpart 45.5).
FAR 52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT (SHORT
FORM)
FAR 52.247-63 PREFERENCE FOR U.S.-FLAG AIR CARRIERS
(Applies if the Subcontract involves international air transportation)
FAR 52.247-64 PREFERENCE FOR PRIVATELY OWNED U.S.-FLAG
COMMERCIAL VESSELS
DEAR 952.247-70 FOREIGN TRAVEL
FAR 52.249-5 TERMINATION FOR CONVENIENCE OF THE GOVERNMENT
(EDUCATIONAL AND OTHER NONPROFIT INSTITUTIONS)
DEAR 952.217-70 ACQUISITION OF REAL PROPERTY
(Applies if the Subcontract involves leased space that is reimbursed)
DOE O 486.1A DOE O 486.1A FOREIGN GOVERNMENT SPONSORED OR
AFFILIATED ACTIVITIES
APPLICABLE IF THE SUBCONTRACT EXCEEDS $15,000:
FAR 52.222-36 Equal Opportunity FOR WORKERS WITH DISABILITIES
APPLICABLE IF THE SUBCONTRACT EXCEEDS $150,000:
FAR 52.203-5 COVENANT AGAINST CONTINGENT FEES
FAR 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE
GOVERNMENT
FAR 52.203-7 ANTI-KICKBACK PROCEDURES
FAR 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER
ACTIVITY
FAR 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
TRANSACTIONS
FAR 52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS
FAR 52.222-35 EQUAL OPPORTUNITY FOR VETERANS
Rev. 10.0 Jun 2020 15
FAR 52.222-37 EMPLOYMENT REPORTS ON VETERANS
DEAR 970.5227.5 NOTICE AND ASSISTANCE REGARDING PATENT AND
COPYRIGHT INFRINGEMENT
APPLICABLE IF THE SUBCONTRACT EXCEEDS $500,000:
FAR 52.227-16 ADDITIONAL DATA REQUIREMENTS
APPLICABLE IF THE SUBCONTRACT EXCEEDS $700,000:
FAR 52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN
(Applies to any Subcontract greater than $700,000, to other than a small business, unless there are no subcontracting opportunities)
APPLICABLE IF THE SUBCONTRACT EXCEEDS $750,000:
FAR 52.215-10 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA
(Applies to any Subcontract greater than $750,000)
FAR 52.215-11 PRICE REDUCTION FOR DEFECTIVE COST OR PRICING DATA-
MODIFICATIONS not used when 52.215-10 is included. In subcontracts greater than $750,000.
FAR 52.215-12 SUBCONTRACTOR COST OR PRICING DATA. Applies if 52.215-10 applies. SUBCONTRACTOR COST OR PRICING DATA (Applies to any Subcontract greater than $750,000 and52.215-10 applies)
FAR 52.215-13 SUBCONTRACTOR COST OR PRICING DATA- MODIFICATIONS.
Applies if 52.215-11 applies. SUBCONTRACTOR COST OR PRICING
DATA – MODIFICATIONS
FAR 52.230-2 COST ACCOUNTING STANDARDS, excluding paragraph (b) (Applies to nonprofit organizations if they are subject to full CAS coverage as set forth in 48 CFR Chapter 99, Subpart 9903.201-2 (FAR Appendix B).
OR
FAR 52.230-3 DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING
PRACTICES, excluding paragraph (b) (Applies to nonprofit organizations if they are subject to modified CAS coverage as set forth in 48 CFR Chapter 99, Subpart 9903.201-2 (FAR Appendix B). Refer to AMS Form 009, Section XIII, if checked, for applicability).
FAR 52.230-5 COST ACCOUNTING STANDARDS – EDUCATIONAL
INSTITUTION, excluding paragraph (b).
FAR 52.230-6 ADMINISTRATION OF COST ACCOUNTING STANDARDS
(END OF APPENDIX A - GENERAL PROVISIONS)
Rev. 10.0 Jun 2020 16
ATTACHMENT 1 – STATEMENT OF WORK
(END OF ATTACHMENT 1 – STATEMENT OF WORK)
Rev. 10.0 Jun 2020 17
ATTACHMENT 4 – SUBCONTRACTOR’S COST PROPOSAL
(END OF ATTACHMENT 4 – SUBCONTRACTOR’S COST PROPOSAL)
Rev. 10.0 Jun 2020 18
ATTACHMENT 7 – BNL-QA-101
Rev. 10.0 Jun 2020 19
Rev. 10.0 Jun 2020 20
Rev. 10.0 Jun 2020 21
Rev. 10.0 Jun 2020 22
Rev. 10.0 Jun 2020 23
(END OF ATTACHMENT 7 – BNL-QA-101)
| Introduction |
| Agreement |
| SCHEDULE OF ARTICLES |
| 1) Statement of Work |
| 2) Report Preparation Requirements |
| 3) Period of Performance |
| 4) Costs and Payments |
| 5) Invoices for Payment |
| 6) Contractor-Furnished and Subcontract-Acquired Property |
| 7) Subcontract Administration |
| 8) Travel Requirements |
| 9) Performance of Work |
| 10) Incorporated Documents |
| APPENDIX A - GENERAL PROVISIONS |
| CLAUSE 1 – PUBLICATIONS |
| CLAUSE 2 – NOTICES |
| CLAUSE 3 – ASSIGNMENTS |
| CLAUSE 4 – DISPUTES |
| CLAUSE 5 – RESPONSIBILITY FOR TECHNOLOGY EXPORT CONTROL |
| CLAUSE 6 – COST ACCOUNTING STANDARDS (CAS) LIABILITY |
| CLAUSE 7 – DISCLOSURE AND USE RESTRICTIONS FOR LIMITED RIGHTS DATA |
| CLAUSE 8 – ORDER OF PRECEDENCE |
| CLAUSE 9 – SECURITY REQUIREMENTS |
| CLAUSE 10 – CLAUSES INCORPORATED BY REFERENCE |
| APPLICABLE TO ALL SUBCONTRACTS UNLESS OTHERWISE INDICATED BELOW: |
| APPLICABLE IF THE SUBCONTRACT EXCEEDS $15,000: |
| APPLICABLE IF THE SUBCONTRACT EXCEEDS $150,000: |
| APPLICABLE IF THE SUBCONTRACT EXCEEDS $700,000: |
| APPLICABLE IF THE SUBCONTRACT EXCEEDS $750,000: |
File details come from the government source that posted it. Updated .