Att 6 Model Agreement.pdf

Grant/Cooperative Agreement Award

1. AWARD NO.

FA8650-24-2-0004

2. EFFECTIVE DATE

3. PURCHASE REQUEST NO.

See Block 16

4. CFDA NO.

12.800

PAGE OF

1 2

5. ISSUE BY AFRL/RQKMT CODE FA8650 6. AWARDED TO

CAGE CODE 7. AUTHORITY

USAF/AFMC

AFRL WRIGHT RESEARCH SITE

2130 EIGHTH STREET BUILDING 45

WRIGHT-PATTERSON AFB OH 45433-7541

MICHAEL T. CORBETT 9376239474

michael.corbett.13@us.af.mil

10. U.S.C. 4001

8. PERIOD OF PERFORMANCE

87 Months - 84 months Technical Effort, 3 months Final Report

9. SCOPE / AGREEMENT TERMS

This Cooperative Agreement shall be performed in accordance with the Statement of Objectives (SOO) entitled Advanced Robotics & Automation for Manufacturing & Sustainment (ARAMS) Attachment 1 to this Cooperative Agreement.

10. RECIPIENT PRINCIPAL INVESTIGATOR

11. OTHER SPONSORING AGENCY(S)

12. ADMINISTRATIVE OFFICE

CODE 13. PAYING OFFICE CODE:

14 STAFF JUDGE ADVOCATE OFFICE

AFMCLO/JANO

1864 Fourth Street, Building 11

WPAFB, OH 45433

15. GOVT PROGRAM MANAGER (Name, Org, Tel, Email)

16. ALLOCATED FUNDING: The following funds with associated Accounting Classification reference number(s) (ACRNs) are allotted to this agreement:

ACRN

FUND CITATION(s)

AMOUNT

SPECIAL INSTRUCTIONS: PAYMENT WILL BE MADE BY ELECTRONIC FUNDS TRANSFER.

PAYING OFFICE INSTRUCTIONS:

PAYMENT SCHEDULE (if applicable):

17. TOTAL FUNDS OBLIGATED Government Share

$0.00

Recipient Share

$0.00

Total

$0.00

18 INVOICE INSTRUCTION

19. AMOUNT OF AWARD Government Share

Recipient Share

$0.00

Total

20. OPTIONS Government Share Recipient Share Total 21. PERIOD

FOR THE RECIPIENT FOR THE UNITED STATES OF AMERICA

22. SIGNATURE

23. SIGNATURE

24. NAME AND TITLE

25. DATE SIGNED

26. NAME AND TITLE

27. DATE SIGNED

GRANTS OFFICER

ConWrite Version 7.7.4.0 Created 14 Nov 2024 11:19 AM

Sample Agreement

ATTACHMENTS PGS DATE TITLE

ATTACHMENT 1 TBD 07 NOV 2024 AFRL ADDENDUM TERM & CONDITIONS

1. Air Force Research Laboratory (AFRL)

Addendum to DoD R&D General Terms and Conditions and

AFRL Award-Specific Terms and Conditions

Applicability

This award is subject to the DoD Research and Development (R&D) General Terms and Conditions

(Ts&Cs), which are hereby incorporated into this award by reference. The DoD R&D General Ts&Cs are located at: https://www.nre.navy.mil/work-with-us/manage-your-award/manage-grant-award/grants-terms-conditions.

This AFRL document is a supplement to the DoD R&D General Ts&Cs. It is aligned with the structure and format of the DoD R&D General Ts&Cs. To understand the entire AFRL requirement for a given article, the DoD R&D General Ts&Cs must be read in tandem with this document. This document uses plain language as described in the preamble to the DoD R&D General T&Cs.

The first portion of this document is the AFRL Addendum to the DoD R&D Ts&Cs, which provides additional content relevant to AFRL awards for the “RESERVED” sections of specified articles from the

DoD R&D General T&Cs. If checked, this The Ts&Cs modified under this award applicable to your award will contain a “checked” block appearing immediately to the left of the applicable article or changed

Section(s)/ Subsection(s). If a block remains unchecked, you must continue to comply with the DoD

General R&D T&Cs for that Section/Subsection. If Section(s) or Subsection(s) are not specifically addressed in this document, the DoD R&D General T&Cs Section(s)/Subsection(s) remain in effect and are unchanged for your award.

The second portion of this document is comprised of the AFRL Award-Specific T&Cs subject to the DoD

R&D General Terms and Conditions.

Order of Precedence

Any inconsistencies in the requirements of this award shall be resolved as specified in the DoD General

R&D Terms and Conditions, Order of Precedence. In case of disagreement with any requirements of this award, you shall contact the AFRL Grants Officer (GO) in order to resolve the issue. You shall not assess any costs to the award or accept any payments until the issue is resolved.

https://www.nre.navy.mil/work-with-us/manage-your-award/manage-grant-award/grants-terms-conditions https://www.nre.navy.mil/work-with-us/manage-your-award/manage-grant-award/grants-terms-conditions

AFRL Addendum to DoD R&D General Terms and Conditions

Part 1: Financial And Program Management (FMS Articles)

FMS Article II. Payments.

Section C. Electronic funds transfer and other payment procedural instructions or information.

2. Other Payment Procedural Instructions or Information.

a. Electronic Funds Transfer Information. All payments will be made by funds transfers to the bank account registered in System for Award Management (SAM) at https://www.sam.gov/SAM/. You must maintain the currency of information about yourself in SAM, including information necessary to facilitate payment via Electronic Funds Transfer (EFT). We cannot be held responsible for any misdirection or loss of payment which occurs as the result of your failure to maintain correct/current EFT information within your SAM registration.

b. Electronic Payment Request Instructions. You must submit payment requests (advance or reimbursement) through the Wide Area Workflow (WAWF) page, located within the Procurement

Integrated Enterprise Environment (PIEE) system at https://wawf.eb.mil. Within WAWF, the following codes and information are required to initiate the “Grant Voucher” and assure successful flow of the payment request. To learn how to electronically submit and take action on WAWF documents through simulations and step-by-step procedures, visit the PIEE Procurement Integrated Enterprise Environment

Web Based Training Main Menu at https://pieetraining.eb.mil/wbt/, and select WAWF. For a demonstration of a Vendor creating a Grant Voucher document, go to https://pieetraining.eb.mil/wbt/wawf/VendorCreateGrantDocument.pdf. This document explains the steps to be followed, the Create From Template option and an explanation of a Grant Voucher.

WAWF Field Data Input

CONTRACT NUMBER See Block 1 of Award Form

DOCUMENT TYPE Grant Voucher

DELIVERY ORDER Optional

CAGE CODE See Block 6 of Award Form

ISSUE BY DODAAC See Block 5 of Award Form

ADMIN DODAAC See Block 12 of Award Form

GOVERNMENT PROGRAM MANAGER See Block 15 of Award Form

PAY OFFICE DODAAC See Block 13 of Award Form

GRANT APPROVER DODAAC See Block 12 of Award Form (or specify DoDAAC)

SEND ADDITIONAL EMAIL NOTIFICATIONS

(Vendor & Grant Approver receives from WAWF)

Government Program Manager, FM Office, Grants

Officer (provide specific email addresses)

c. Questions for the Payment Office. Questions concerning specific payments should be directed to the Defense Finance and Accounting Service (DFAS) at https://corpweb1.dfas.mil/askDFAS/askAP.jsp.

and submit a ticket (select A/P Customer Service as your category) and one of the following subcategories: ID of Payment Received, Payment History Request – One Pay only, Payment Status, or

WAWF Invoice Status. You can also contact DFAS at 216-204-1073 or 1-855-608-3975. You can also access payment information by selecting the “myInvoice” page in PIEE at https://wawf.eb.mil. The award number and voucher number will be required to inquire about the status of the payment.

https://wawf.eb.mil/ https://pieetraining.eb.mil/wbt/ https://pieetraining.eb.mil/wbt/wawf/VendorCreateGrantDocument.pdf https://corpweb1.dfas.mil/askDFAS/askAP.jsp https://wawf.eb.mil/

d. Instructions for the Payment Office. The payment office must make payment by using the oldest fiscal year appropriations first, exhausting all funds in the previous fiscal year before disbursing from the next fiscal year. In the event there is more than one ACRN associated with the same fiscal year, payment will be made in sequential ACRN order within the award, exhausting all funds in the previous

ACRN before paying from the next ACRN using the following sequential order: alpha/alpha;

alpha/numeric; numeric/alpha; and numeric/numeric ACRN sequence unless otherwise specified in the award-specific terms and conditions.

e. Cost sharing. If your award contains a cost-sharing arrangement, each request for payment shall include the total costs incurred and the amounts of your cost share and the Government cost share.

We agree to reimburse you no more than the Government cost share percentage of all but the final payment requests submitted. The final payment will reflect the percentage representing the balance of

Government cost share.

f. Final payment. Final payment will be made only after delivery and acceptance of the Final

Performance Report.

g. Payment – Predetermined Payment Schedule (Fixed Amount Awards). If your award specifies it is a fixed amount award, payment will be made in accordance with the following agreed-to-schedule.

INCREMENT TITLE/COVERED PERIOD AMOUNT

Increment X DDMMMYYYY – DDMMMYYYY $XXX.XX

FMS Article IV. Revision of budget and program plans.

Section B. Revisions requiring prior approval from the Grants Officer.

1. Non-construction activities.

e. You must request prior approval from the AFRL GO for any of the following program or budget revisions in non-construction activities:

Period of Performance Extensions. You must notify the Government Program

Manager and AFRL GO in writing with the supporting reasons, revised expiration date, and consideration at least thirty (30) days prior to the end of the technical period of performance of the award. The GO has authority to approve “no funds” period of performance extension requests. An award modification must be issued and signed by the AFRL GO in order for the no funds extension to be in effect.

3. Funding transfers between construction and non-construction activities.

Section C. Pre-award costs, carry forward of unobligated balances, and one-time no-cost extensions. You are authorized, without requesting prior approval from the AFRL GO, to:

3. Pre-award Costs: Invoice in accordance with actual costs incurred that were included in the negotiated budget for your award, including the Indirect Cost Rates negotiated as part of your budget for this specific award. In no event is the Government obligated to reimburse you for expenditures in excess of the negotiated budget or the total funds allotted by the Government to this agreement, whichever is the lesser of the two amounts.

Section D. Procedures.

2. Additional procedural instructions for prior approvals. Revised budgets, when required, must be submitted on the SF 424 “Research and Related Budget” form (part of the SF 424 Research and

Related (R&R) family) or in the same format as your original budget submission unless directed otherwise by the GO or AGO.

FMS Article VI. Cost sharing or matching.

Section A. Required cost sharing or matching.

2. You must obtain Grants Officer prior approval if you wish to:

b. Substitute alternative cost sharing or matching contributions in lieu of specific contributions included in the approved budget.

RESERVED

Part 2: Property Administration

(PROP Articles)

PROP Article I. Title to property.

Section B. Property trust relationship.

2. Notices of record. RESERVED – add additional information if necessary.

Part 3: Procurement

(PROC Articles)

PROC Article II. Procurement standards for institutions of higher education, nonprofit organizations, local governments, Indian tribes and for-profit entities.

Section J. Bonding requirements. RESERVED – add additional information if necessary by checking this block and entering information herein.

PROC Article III. Contract provisions for recipient procurements.

Section B. Contract provisions for national policy requirements.

2. Wage Rate Requirements (Construction).

Section B. Contract provisions for national policy requirements.

3. Copeland Act prohibition on kickbacks. RESERVED –

Part 4: Financial, Programmatic, and Property Reporting

(REP Articles)

REP Article I. Performance management, monitoring, and reporting.

Section B. Frequency, reporting periods, and due dates for interim performance reports.

1. The instructions applicable to your award are selected with a checked block below. If you submit a justified request, the AFRL GO may extend the due date for any performance report or waive any performance report required by this section if not needed.

You must submit Interim Performance Reports on an annual basis. Your annual reports are due before the anniversary date of your multiple year award.

You must submit Interim Performance Reports on an annual basis. Your reports are due 90 calendar days after the reporting period.

You must submit Interim Performance Reports on a semi-annual basis. Your reports are due

30 calendar days after the reporting period.

You must submit Interim Performance Reports on a quarterly basis. Your reports are due 30 calendar days after the reporting period. The first quarter shall commence on the effective date of the agreement.

RESERVED – add if additional information if necessary by checking this block and entering information herein.

Section C. Due date and reporting period for final performance report. Note: Your final report due date and reporting period can be found in REP Article I., Section C.1 of the DoD R&D

General Ts & Cs.

Section F. Performance reporting procedures.

For additional information pertaining to the form, format, and data elements described below, view the

National Science Foundation Website as follows: Research Performance Progress Report (RPPR) | NSF -

National Science Foundation. This website lists a Format for Use and Submission of Interim and Final

Research Performance Progress Reports (RPPR) and the Federal Register Notice Announcing the format for use in submission of Interim and Final RPPR.

1. Interim Performance Reports.

a. Form and Format. You must submit performance reports using OMB-approved Government wide standard information collections when providing performance information (including performance progress reports, Research Performance Progress Report (RPPR), or such future collections as may be approved by OMB). Recipient shall submit RPPR in accordance with this article and 2 CFR 200.329.

https://www.nsf.gov/bfa/dias/policy/rppr/index.jsp https://www.nsf.gov/bfa/dias/policy/rppr/index.jsp

b. Data Elements. Your Interim Performance Reports must detail technical progress to date during the reporting period. Address the following performance reporting requirements:

i. Accomplishments:

(a) A comparison of your actual accomplishments to the objectives of the Federal award established for the period. Where the accomplishments of the Federal award can be quantified, a computation of the cost (for example, related to units of accomplishment) and/or performance trend data and analysis may be included in your report(s).

(b) The reasons why established goals were not met, if appropriate.

(c) Additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs.

ii. Real Property: Status of real property acquired or improved under the award.

iii. Significant developments. Events may occur between the scheduled performance reporting dates that have significant impact upon the supported activity. In such cases, the non-Federal entity must inform the Federal awarding agency or pass-through entity as soon as the following types of conditions become known:

(a) Problems, delays, or adverse conditions which will materially impair the ability to meet the objective of the Federal award. This disclosure must include a statement of the action taken, or contemplated, and any assistance needed to resolve the situation.

(b) Favorable developments which enable meeting time schedules and objectives sooner or at less cost than anticipated or producing more or different beneficial results than originally planned.

iv. Participants and Other Collaborating Organizations. In accordance with the National

Defense Authorization Act for Fiscal Year 2020, you must include in your quarterly/final reports a list of all participants and other collaborating organizations in a section titled

“Participants and Other Collaborating Organizations.” You are reminded IAW 2 CFR

200.308, any changes to key personnel requires Grants Officer approval prior to change implementation. Failure to comply with these items can result in corrective actions as prescribed in 2 CFR 200.338.

c. Submission: You must submit the original interim performance report(s) to the AFRL

Government Technical Representative/Program Manager and include an electronic copy with the AFRL submittal in MS Word or Adobe PDF format. The AFRL GO may waive any performance report required by this section, if not needed. If you submit a justified request, The AFRL GO may approve and extend the due date for any performance report.

2. Final Performance Report.

a. Form and Format. You must submit performance reports using OMB-approved Government wide standard information collections when providing performance information (including performance progress reports, Research Performance Progress Report (RPPR), or such future collections as may be approved by OMB). Recipient shall submit RPPR in accordance with this article and 2 CFR 200.329.

i. Standard Form (SF) 298: Prepare the Cover/Title Page by completing the SF 298, Report

Documentation Page. In Item 14 include a 100 to 200 word abstract summarizing technical progress during the reporting period. Style is to be third person singular using past tense. Jargon, special symbols or notations, subscripts, mathematical symbols or foreign alphabet letters are not permitted. All pages should be of good quality for copying purposes. The form and instructions are available at https://www.gsa.gov/forms-library/report-documentation-page. However, Block 12a. of the SF 298 should be completed with the distribution statements described herein. If you do not agree with that distribution/availability, you should contact the Grants Officer (GO).

ii. ANSI/NISO: The report shall be prepared in accordance with American National

Standard Institute document ANSI/NISO Z39.18-2005 (R-2010), Scientific and Technical

Reports - Elements, Organization, and Design which may be obtained from:

NISO Press Fulfillment Center

PO Box 451

Annapolis Junction MD 20701-0451 http://www.niso.org

iii. You may use your own format for the final report, but it must include the same data elements used for interim performance reports, as well as include the content listed above and indicate on the cover page of the report that it is the final performance report.

b. Data Elements. Your Final Performance Report will provide a comprehensive, cumulative and substantive summary of the progress and significant accomplishments achieved during the period covered by this agreement. Address each of the data elements listed for the interim performance reports above, as appropriate.

c. Other Requirements.

i. Notice: All publications shall contain the notices included in the Article entitled, “Publishing Project Results” (located in the second portion of this document, the AFRL

Award-Specific Ts & Cs Section). Publications may be attached as appendices.

d. Submission. You must submit the original (camera ready) Final Performance Report (with letter of transmittal), and XXX copies, to the AFRL Government Technical Representative/Program

Manager within 90 days after completion of the agreement, with one electronic copy in MS Word compatible format or Adobe PDF format. Submit one copy of the report to any other program manager identified as other sponsoring agency personnel. Also, provide one copy each of the transmittal letter to the following identified below. The address/emails are listed in the AFRL Award-Specific Ts&Cs

(Administrative Responsibilities). If you submit a justified request, The AFRL GO may approve and extend the due date for any performance report.

i. AFRL Grants Officer (transmittal letter only), and

ii. Grants Administration Office (transmittal letter only)

Distribution Statement: Note: The GO will insert the appropriate distribution statement based upon the

AFRL PM and FDO recommendation (ref. DoDI 5230.24, Distribution Statements on Technical

Documents).

In addition to any other required legend, mark all data delivered under this award with the following http://www.niso.org/ distribution statement that indicates to whom data may be distributed:

INSERT APPROPRIATE DISTRIBUTION STATEMENT

DISTRIBUTION C. Distribution authorized to U.S. Government Agencies and their contractors. (reason)

(date of determination). Other request for this document shall be referred to (controlling DoD office).

REP Article II. Financial reporting.

Section A. Required reporting form, format, or data elements for interim and final financial reports.

1. Interim reports for awards with advance or a predetermined payment schedule authorized. You must submit the Federal Financial Report [currently the SF 425; only Fields 1 through

9, 10.a through 10.c, 12 (as needed)] or successor OMB-approved Government wide standard data elements for information collection.

2. Interim reports for awards with cost reimbursement authorized. You must submit the

Federal Financial Report (currently the SF 425) or successor OMB-approved Government wide standard data elements for information collection.

3. Final reports. You must submit the Federal Financial Report (currently the SF 425) or successor

OMB-approved Government wide standard data elements for information collection. If you are a domestic institution of higher education, you must complete the optional fields 11.a through 11.f, "Indirect

Expense" on the final Federal Financial Report that you submit after the end of the project period under the award.

Section B. Interim financial reports: frequency, reporting periods, and due dates.

1. Awards with advance payment or a predetermined payment schedule authorized. You must submit Interim Financial Reports on a quarterly basis. Your reports are due 30 calendar days after the reporting period. The first quarter shall commence on the effective date of the agreement.

2. Awards with cost reimbursement authorized. You must submit Interim Financial Reports on a quarterly basis. Your reports are due 30 calendar days after the reporting period. The first quarter shall commence on the effective date of the agreement.

Section E. Where and how to submit financial reports.

1. You must submit each report in electronic form to the following persons at the addresses/e-mail(s) listed in the second portion of this document, the AFRL Award-Specific T&Cs (Administrative

Responsibilities Article):

a. AFRL Government Program Manager,

b. Any other Government Program Manager identified in the award

c. AFRL Awarding Grants Officer,

d. Administrative Grants Officer

REP Article III. Reporting on property.

Section A. Real property

1. Periodic status reports.

a. Frequency and duration of reporting requirement. See REP Article I instructions contained herein. RESERVED – add any additional information if necessary.

b. Due dates. See REP Article I instructions contained herein. RESERVED – add any additional information if necessary.

c. Other submission instructions. See REP Article I instructions contained herein. RESERVED

– add any additional information if necessary.

Part 5: Other Administrative Requirements

(OAR Articles)

OAR Article IV. Claims, disputes and appeals.

Section A. Definitions.

2. Grant Appeal Authority. Director of Contracting, HQ AFMC/PK.

Part 6: Subawards

(SUB Articles)

SUB Article V. Property requirements for subawards.

Section B. Title to property.

1. Subawards to institutions of higher education, nonprofit organization, States, local governments, Indian tribes, or for-profit entities.

b. Exceptions. For a subaward to conduct basic or applied scientific research with a nonprofit institution of higher education or nonprofit organization whose primary purpose is conducting scientific research, you must include terms and conditions in that subaward that allow the title to all equipment and supplies acquired under that subaward and charged as direct costs to the project or program to vest with the subrecipient upon acquisition subject only to the following three conditions related to equipment:

i. The subrecipient uses the equipment for the authorized purposes of the project or program until the property is no longer needed for those purposes.

ii. The subrecipient manages the equipment as provided in PROP Article II of these general terms and conditions. This includes maintaining property records that include the percentage representing the Federal share of total project costs under the award to you (the recipient) under which the subrecipient acquired the exempt property, so that the subrecipient may deduct the Federal share if it wishes to use the property in future contributions for cost sharing or matching purposes on Federal awards. When both your award with the DoD Component has cost sharing requirements and your subaward allows for the purchase of exempt property, you must include in that subaward the percentage representing the Federal share of total project costs to enable the subrecipient’s compliance with this provision.

iii. AFRL reserves the right to transfer title to the equipment to another entity if the Principal

Investigator of a subrecipient relocates his or her research program to that entity. If AFRL elects to exercise its right to transfer the title of equipment, AFRL will contact the recipient to discuss the transfer.

b. Exceptions. RESERVED – add additional information if necessary.

Part 7: National Policy Requirements

(NP Articles)

NP Article I. Nondiscrimination national policy requirements.

Section B. Other nondiscrimination requirements. RESERVED – add additional information if needed by checking this block and entering information herein.

NP Article II. Environmental national policy requirements.

Section B. Other environmental requirements. RESERVED – add additional information if needed by checking this block and entering information herein.

NP Article III. National policy requirements concerning live organisms.

Section B. Other requirements concerning live organisms.

1. With respect to the provisions in general terms and conditions for Section A of this article:

a. Section A.1, Human Subjects.

b. Section A.2., Animals

2. Biosafety and Biosecurity Requirements: You must ensure compliance with standards meeting at least the minimum applicable requirements of the current edition of Centers for Disease Control and

Prevention, “Biosafety in Microbiological and Biomedical Laboratories (BMBL),” and National Institutes of Health, “The NIH Guidelines for Research Involving Recombinant or Synthetic Nucleic Acid

Molecules (NIH Guidelines).” Information concerning noncompliance with these requirements or any significant research-related incidents shall be provided to the AFRL program officer in a timely manner, after notification to the applicable safety committee or CDC or NIH.

3. Research Involving Recombinant Nucleic Acid (rDNA) or Synthetic Nucleic Acid Molecules.

You must not begin performance of research within the scope of “The NIH Guidelines for Research

Involving Recombinant or Synthetic Nucleic Acid Molecules (NIH Guidelines),” until you receive notice from the grants officer that AFRL has reviewed and accepted your documentation. See most current information at https://osp.od.nih.gov/biotechnology/biosafetyand-recombinant-dna-activities/. In order for https://osp.od.nih.gov/biotechnology/biosafetyand-recombinant-dna-activities/

AFRL to accomplish that review, you must provide the grants officer, generally as part of your original proposal prior to award, sufficient documentation to enable the review that includes:

a. A written statement that your entity is in compliance with NIH Guidelines. This statement should be made by an official of the institution other than the Principal Investigator and should be on university or company letterhead.

b. Evidence demonstrating that your proposed research protocol has been approved by an

Institutional Biosafety Committee (IBC); and a copy of the Department of Health and

Human Services (DHHS) Letter of Approval of the IBC, or the most recent letter from

DHHS stating the IBC is in compliance with the NIH Guidelines.

You will not receive a separate approval for your proposed research under this paragraph. If you received the award based on a proposal including the two aforementioned items, you can assume the grants officer has accepted that documentation. If you add such research later, you will have to provide the two items of documentation listed above and a revised proposal. If this research is approved, you will receive a modification incorporating the revised proposal.

For research involving countries outside the United States, if the host country has established rules for the conduct of recombinant or synthetic nucleic acid molecule research, then the research must be in compliance with those rules. If the host country does not have such rules, the proposed research must be reviewed and approved by an NIH-approved IBC or equivalent review body and accepted in writing by an appropriate national governmental authority of the host country. The safety practices that are employed abroad must be reasonably consistent with the NIH Guidelines.

4. RESERVED – add additional information if necessary

NP Article IV. Other national policy requirements.

Section A. Cross-Cutting requirements.

19. Do Not Contract with the Enemy (2 CFR 183)

Prescription: 2 CFR 183.10 Applicability

(a) This part applies only to grants and cooperative agreements that are expected to exceed $50,000 and that are performed outside the United States, including U.S. territories, and that are in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. It does not apply to the authorized intelligence or law enforcement activities of the Federal Government.

(b) All elements of this part are applicable until the date of expiration as provided in law.

Award Terms for Never Contract With the Enemy (Appendix A to Part 183)

Federal awarding agencies may include the following award terms in all awards for covered grants and cooperative agreements in accordance with Never Contract with the Enemy:

Term 1

Prohibition on Providing Funds to the Enemy

(a) The recipient must—

(1) Exercise due diligence to ensure that none of the funds, including supplies and services, received under this grant or cooperative agreement are provided directly or indirectly

(including through subawards or contracts) to a person or entity who is actively opposing the United

States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, which must be completed through 2 CFR 180.300 prior to issuing a subaward or contract and;

(2) Terminate or void in whole or in part any subaward or contract with a person or entity listed in SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for

FY 2015, unless the Federal awarding agency provides written approval to continue the subaward or contract.

(b) The recipient may include the substance of this clause, including paragraph (a) of this clause, in subawards under this grant or cooperative agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas.

(c) The Federal awarding agency has the authority to terminate or void this grant or cooperative agreement, in whole or in part, if the Federal awarding agency becomes aware that the recipient failed to exercise due diligence as required by paragraph (a) of this clause or if the Federal awarding agency becomes aware that any funds received under this grant or cooperative agreement have been provided directly or indirectly to a person or entity who is actively opposing coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities.

(End of term)

Term 2

Additional Access to Recipient Records

(a) In addition to any other existing examination-of-records authority, the Federal Government is authorized to examine any records of the recipient and its subawards or contracts to the extent necessary to ensure that funds, including supplies and services, available under this grant or cooperative agreement are not provided, directly or indirectly, to a person or entity that is actively opposing United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, except for awards awarded by the Department of Defense on or before Dec 19, 2017 that will be performed in the United States Central Command (USCENTCOM) theater of operations.

(b) The substance of this clause, including this paragraph (b), is required to be included in subawards or contracts under this grant or cooperative agreement that have an estimated value over

$50,000 and will be performed outside the United States, including its outlying areas.

(End of term) https://www.ecfr.gov/current/title-2/section-180.300 https://www.ecfr.gov/current/title-2/appendix-Appendix%20A%20to%20Part%20183#p-Appendix-A-to-Part-183(b)

AFRL Award-Specific Ts &Cs to DoD R&D General Terms and Conditions

The following Ts&Cs with checked blocks are hereby incorporated into your award:

FMS -- AWARD-SPECIFIC TERMS AND CONDITIONS

1. Incremental Funding (Feb 2024)

a. Allotted and Currently Available for Payment. The Government's share for full performance of this award is $____. Of this amount, $____ is allotted and currently available for payment. In no event are we obligated to reimburse you for expenditures in excess of the total funds allotted by us. We anticipate that from time to time additional amounts will be allotted to this agreement by unilateral modification until the total Government share is fully funded.

b. Recipient Notification to Government. You shall notify the Awarding Office GO in writing whenever expenditures, including anticipated expenditures over the next 60 days, are expected to exceed

75% of the amount allotted (including your cost share, if applicable).

c. Agreement of Parties. The parties agree that if additional funds are not allotted, this agreement may be terminated. You are not obligated to continue performance or otherwise incur costs in excess of the amount then allotted by the Government to the agreement plus your corresponding share, until the GO notifies you in writing that the amount allotted by the Government has been increased and specifies an increased amount, which shall then constitute the total amount allotted by the Government to this agreement. When and to the extent that the amount allotted by the Government to the agreement is increased, any costs you incur before the increase that are in excess of the amount previously allotted by the Government to the agreement plus your corresponding share, shall be allowable to the same extent as if incurred afterward, unless the GO issues a termination or other notice and directs that the increase is solely to cover termination or other specified expenses.

2. Cost Sharing Summary Schedule (Feb 2024)

a. The parties estimate that the research and development work under this award can only be accomplished with the recipient aggregate resource contribution of $XXX throughout the term of the award. The recipient agrees to provide these resources as shown below. Failure of either party to provide its respective total contribution may result in an unilateral amendment to the award by the grants officer to reflect a proportional reduction in funding for the other party.

b. The recipient’s contributions may count as cost sharing only to the extent that they comply with the criteria at DoDGARS 34.13.

c. The recipient agrees to cost share as shown below. This schedule may be amended annually to reflect changes or updated resulting from the annual program planning process.

CONTRIBUTOR FY XXXX FY XXXX FY XXXX TOTAL

Government $XXXX $XXXX $XXXX $XXXX

Recipient Name $XXXX $XXXX $XXXX $XXXX

TOTAL $XXXX $XXXX $XXXX $XXXX

3. Allotted Funding (Feb 2024)

a. The following funds are allotted to this agreement:

ACRN(s) AMOUNT

XXX $XXX

b. Payment Instructions for Multiple Accounting Classification Citations:

This is a multiple funded award and additional ACRN(s) will be assigned and payment instructions revised when new accounting classifications are available. Pay in the following order up to the limit specified for each ACRN:

ACRN(s) AMOUNT

XXX $XXX

4. Scope and Management of the Program (Feb 2024)

a. Duty of Good Faith. We, the Government and you, the recipient, are bound to each other by a duty of good faith and best effort to achieve the goals of this agreement. This agreement is not intended to be, nor shall it be construed as, by implication or otherwise, a partnership, a corporation, or other business organization.

b. Research and Development Program. You shall perform a coordinated research and development program carried out in accordance with the Statement of Work (SOW), entitled, "Insert Title

Here", dated DDMMMYYYY, Attachment XX to this award. The recipient shall submit all documentation required by the DoD R&D General Ts & Cs Part 5, REP Article(s) I - IV, Financial, Programmatic, and Property Reporting and AFRL Addendum guidance contained herein for each individual award.

c. Coordinated Research Program. You, the recipient, shall accomplish the overall management, including technical, programmatic, reporting, and financial and administrative matters of the coordinated research program established under each individual award. The Government program manager(s) may interact with the recipient to promote effective collaboration between the recipient and the Government.

5. Food and Beverage (Feb 2024)

a. Food and Beverage. Funds may not be used to pay for food or beverages (unless preapproved by the Awarding or Administrative Grants Officer).

PROP -- AWARD-SPECIFIC Ts&Cs

6. Base Support (Feb 2024).

Base support may be provided by the Government to the Recipient as follows.

a. The Recipient will require use of base support on a rent-free, non-interference basis to include

Government-controlled working space, material, equipment, services (including automatic data processing), or other support (excluding use of the Defense Switched Network (DSN)) which the

Government determines can be made available at, or through, any Air Force installation where this agreement shall be performed.

b. Unless otherwise stipulated in the award schedule, the Recipient will use base support on a no-charge-for-use basis and the value shall be a part of the Government’s agreement consideration.

c. The Recipient will immediately report (with a copy to the cognizant administration office

(AGO)) inadequacies, defective base support, or nonavailability of support stipulated by the award schedule, together with a recommended plan for obtaining the required support. Facilities are not to be purchased under this agreement by the Recipient. Additionally, the Recipient (or authorized representative) will not purchase or otherwise furnish any base support requirement provided by the SOW

(or authorize others to do so), without prior written approval of the GO regarding the price, terms, and conditions of the proposed purchase, or approval of other arrangements.

d. The following are installations where base support will be provided: XXX (insert list of installations).

e. The base support to be furnished under this award is XXX (insert list of support items).

Because of the nature and location(s) of the work performed, the value of such support is undeterminable.

The Recipient is not authorized to incur any costs resulting from nonsupport prior to GO direction.

f. In the performance of this agreement or any major subawards, no direct or indirect costs for support will be incurred if the Government determines that support is available at or through any Air Force installation where this agreement shall be performed.

Written authorization must be requested from the GO for support not later than 90 days before the required in-place dates at each Air Force installation, and immediately for any required changes. Ensure the facilities are available and concurrence for their use has been obtained from the cognizant GO before finalizing award negotiations and/or source selection. In competitive environment, the request for proposal/request for quote (RFP/RFQ) should request the Offeror propose a cost in the event that the facilities are not available. This is necessary in order to make a valid comparison of all Offerors’ proposals.

7. Federally Owned Property (Feb 2024)

a. The Government will provide the following Federally owned property to the Recipient, as listed in Attachment X (Note: use GFP Attachment from PIEE).

b. Title to any federally owned property that the Government provide to the recipient under this award (or for which accountability is transferred to this award from another Federal award) remains with the Federal Government.

c. Refer to the DoD R&D Ts&Cs, Part 2, Property Administration, for details on Federally

Owned Property pertaining to title, property management systems, and use and disposition instructions.

8. Access to USAF Bases, AFRL Facilities and/or US Government Information

Technology Networks – Information Regarding Non-US Citizens Assigned to this Project

(Feb 2024)

1. Information Regarding Non-US Citizens Assigned to this Project:

a. Any of your employees requiring access to USAF bases, AFRL facilities, and/or access to US

Government Information Technology networks in connection with the work on this agreement must be US citizens. Possession of a permanent resident card (“Green Card”) does not equate to US citizenship. This requirement does not apply to foreign nationals approved by the US Department of Defense or US State

Department under international personnel exchange agreements with foreign governments. Any waivers to this requirement must be granted in writing by the AFRL GO prior to providing access. The above requirements are in addition to any other agreement requirements related to obtaining a Common Access

Card (CAC).

b. For purposes of paragraph a above, if an IT network/system does not require AFRL to endorse a Recipient’s application to said network/system in order to gain access, the organization operating the IT network/system is responsible for controlling access to its system. If an IT network/system requires a U.S.

Government sponsor to endorse the application in order for access to the IT network/system, AFRL will only endorse the following types of applications, consistent with the requirements above:

i. Recipient employees who are U.S. citizens performing work under this award.

ii. Recipient employees who are non-U.S. citizens and who have been granted a waiver.

iii. Any additional access restrictions established by the IT network/system owner apply.

9. Recipient Access to Air Force Installations (Feb 2024).

a. Identification and Passes. You must obtain base identification and vehicle passes, if required, for all of your recipient personnel who make frequent visits to or perform work on the Air Force installation(s) cited in this agreement. Your personnel are required to wear or prominently display installation identification badges or recipient-furnished, recipient identification badges while visiting or performing work on the installation.

b. Written Requests. You must submit a written request on company letterhead to the Technical

POC listing the following: award number, location of work site, start and stop dates, and names of employees and subcontractor/subrecipient employees needing access to the base. The letter will also specify the individual(s) authorized to sign for a request for base identification credentials or vehicle passes. The Government PM will endorse the request and forward it to the issuing base pass and registration office or Security Forces for processing. When reporting to the registration office, your authorized personnel/individual(s) should provide a valid driver’s license, current vehicle registration, valid vehicle insurance certificate, and [insert any additional requirements to comply with local security procedures here; it is the Requiring Activity’s responsibility to obtain the correct additional requirements to comply with local security procedures and provide the GO the verbiage from their Local Personnel

Security Program Management] to obtain a vehicle pass.

c. New Personnel. During performance of the award, you are responsible for obtaining required identification for newly assigned personnel and for prompt return of credentials and vehicle passes for any employee or sub-contractor or sub-recipient who no longer requires access to the work site.

d. Unescorted Entry to Controlled or Restricted Areas. When work under this award requires unescorted entry to controlled or restricted areas, you must comply with [Requiring Activity: insert any additional requirements to comply with AFI 31-101, Integrated Defense, and AFI 31-501, Personnel

Security Program Management); citing the appropriate paragraphs as applicable; it is the technical

Program Manager’s responsibility to obtain the correct verbiage from their Local Personnel Security

Program Management..

http://www.e-publishing.af.mil/shared/media/epubs/AFI31-501.pdf

e. Actions Upon Completion or Termination of Agreement. Upon completion or termination of this agreement or expiration of the identification passes, you must ensure that all base identification passes issued to employees and subcontractor/subrecipient employees are returned to the issuing office.

f. Withholding of Payment. Failure to comply with these requirements may result in withholding of final payment.

10. Common Access Cards (CACs) for Recipient Personnel (Feb 2024)

1. For installation(s)/location(s) cited in the award, you shall ensure Common Access Cards (CACs) are obtained by all awardee or subcontract/subrecipient personnel who meet one or both of the following criteria:

a. Require logical access to Department of Defense computer networks and systems in either:

i. the unclassified environment; or

ii. the classified environment where authorized by governing security directives.

b. Perform work, which requires the use of a CAC for installation entry control or physical access to facilities and buildings.

2. You and your personnel shall use the following procedures to obtain CACs:

a. You must provide a listing of personnel who require a CAC to the GO. The government will provide the recipient instruction on how to complete the Contractor Verification System (CVS) application and then notify the recipient when approved.

b. Your personnel shall obtain a CAC from the nearest Real Time Automated Personnel

Identification Documentation System (RAPIDS) Issuing Facility (typically the local Military Personnel

Flight (MPF)).

3. While visiting or performing work on installation(s)/location(s), your personnel (and sub-recipient and sub-contractor personnel) must wear or prominently display the CAC as required by the governing local policy.

4. During the performance period of the award, you must:

a. Within 7 working days of any changes to the listing of your personnel authorized a CAC, provide an updated listing to the GO who will provide the updated listing to the authorizing government official;

b. Return CACs in accordance with local policy/directives within 7 working days of a change in status for your personnel who no longer require logical or physical access;

c. Return CACs in accordance with local policy/directives within 7 working days following a

CACs expiration date; and

d. Report lost or stolen CACs in accordance with local policy/directives.

5. Within 7 working days following completion/termination of the award, you must return all CACs issued to their personnel to the issuing office or the location specified by local policy/directives.

6. Failure to comply with these requirements may result in withholding of final payment.

11. Local Guidance, Health and Safety on Government Installations (Feb 2024)

1. Work on Government Installation. In performing work under this Agreement on a Government installation, the recipient shall:

a. Take all reasonable steps and precautions to prevent accidents and preserve the health and safety of recipient and Government personnel performing or in any way coming in contact with the performance of this award; and

b. Take such additional immediate precautions as the GO may reasonably require for health and safety purposes.

i. The GO may, by written order, direct Air Force Occupational Safety and Health (AFOSH)

Standards and/or health/safety standards as may be required in the performance of this

Agreement and any adjustments resulting from such direction will be in accordance with the modifications article of this award.

ii. Any violation of these health and safety rules and requirements, unless promptly corrected as directed by the GO, shall be grounds for termination of this Agreement in accordance with the Termination article of this award.

12. Subject Inventions (Feb 2024). DoD adopts the Governmentwide patent rights award clause at 37 CFR 401.14 as described in the DoD R&D General T&Cs PROP Article VI. 37 CFR 401.14(l) requires designation of a central point of contact for communication matters relating to the clause. AFRL designates the servicing Staff Judge Advocate Office.

a. Subject Inventions (Patent) Reports. Submit Interim and Final Invention Reports in accordance with the DoD R&D General T&Cs PROP Article VI. Intangible Property, Section B. The DD

Form 882, “Report of Inventions and Subcontracts” may be used to submit these reports. Both reports must: (1) list all subject invention(s) and state that all subject inventions have been disclosed, or (2) state that there are no such inventions. The reports must be filed at the close of each performance year and at the end of the term for this award. Annual reports are due 90 days after the end of each year of performance and final reports are due 90 days after the expiration of the final performance period.

Negative reports are also required.

b. Distribution. Reports must be sent via email to the AGO (email listed in the Administrative

Responsibilities Article), AFRL GO (email in the Administrative Responsibilities Article),…