Attachment 6 OBAA Topic Solicitation No. 10 - DOE Lab IAA SOW Template.docx
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- Solicitation number
- 70RWMD22R00000006
About this file
This document package includes a statement of work template and related attachments for an interagency agreement between the Department of Homeland Security Countering Weapons of Mass Destruction Office and the Department of Energy. The statement of work template provides guidance for specifying the requirements, background, scope, milestones, deliverables, project timeline, funding details, points of contact, applicable documents, and other terms for work to be performed by the Department of Energy in support of the Department of Homeland Security's Chemical Biological Division Program Bio-Response Operational Testing and Evaluation Project. Key details include the purpose of providing operational testing and evaluation support, the period of performance, travel requirements, security procedures, intellectual property terms, and procedures for changes, acceptance, non-conformities, performance evaluations, termination, and closeout.
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Attachment 6 RFP #: 70RWMD22R00000006
Interagency Agreement (IA) Between DHS Countering Weapons of Mass Destruction (CWMD) Office and the DOE [National Laboratory/Site] [IA Number __________/Amendment Number __________] Statement of Work (SOW) Template
INSTRUCTIONS – Sections in “red Italics” provide specific instruction, guidance or examples to assist in the completion of this SOW and should be deleted once that section is completed. Section wording in <Red> must be completed prior to submission of the SOW.
INSTRUCTIONS – Note that if any of the provisions below, including milestones, deliverables, and amounts funded or unfunded, of this SOW change subsequent to the issuance of this IA, the DHS program office and the DOE Site, must ensure that the SOW and IA of which it is a part are formally updated to reflect the pertinent changes when they occur.
I. Introduction
1. Purpose
This Statement of Work (SOW) provides specific information regarding the requirements of the Department of Homeland Security, Countering Weapons of Mass Destruction (CWMD) Office, hereinafter referred to as DHS CWMD, sufficient to enable the Department of Energy <Insert National Laboratory/Site>, hereinafter referred to as DOE, to perform services under an interagency agreement.
2. Authority
Section 309(a)(1)(c) of the Homeland Security Act of 2002 (Public Law 107-296) provides special access to the DOE national laboratories and other facilities on a reimbursable basis as implemented in DOE Order 484.1 “Reimbursable Work for the Department of Homeland Security”.
3. General Terms & Conditions
Activities undertaken pursuant to this document are subject to the Standard Terms and Conditions hereby attached between the DHS CWMD and DOE.
4. Project Title
<Insert Project Title>--CWMD Example “Support of the Chemical Biological Division Program (Bio-Response Operational Testing and Evaluation Project) for the Department of Homeland Security, Countering Weapons of Mass Destruction (CWMD) Office”
5. Description of Products or Services / Bona Fide Need
Succinctly describe the product or services being requested of the Servicing Agency, what bona fide need of the DHS CWMD will be satisfied through the product or services, and how the latter will satisfy this need.
II. Background
This section should contain a Background section which provides a brief introductory information regarding the nature, purpose, and objectives of the particular project or task(s) to be performed under the IA and the parties involved in the effort described in the IA. It should identify whether the IA is a new IA or an amendment of an existing IA.
The purpose of this action is to <Insert “establish a new” or “amend”> an IA with DOE for the tasking described in Section 5 of this Statement of Work (SOW).
III. Scope
This portion should contain the Scope of the effort or requirement(s) which clearly describes the technical requirements and work desired by DHS delineated in consecutive numerical and detailed narrative for the tasks to be performed by the DOE under the IA. The DHS Component Program Manager should identify specify objectives in as detailed manner as possible. NOTE: If the program manager is amending an existing SOW, then it should only include the revised information under Scope, identifying the exact location of the change in the original SOW, as well as clearly specifying what SOW provisions have changed and how they have changed.
Example format.
Phase/Year/or other designation if appropriate
TASK(s):
1. TASK NAME / DESCRIPTION
1.1. Sub Task Name
1.2. Continue as needed.
2. TASK NAME / DESCRIPTION
2.1. Sub Task Name
2.2. Continue as needed.
3. TASK NAME / DESCRIPTION
3.1. Sub Task Name
3.2 Continue as needed
IV. Key Milestones and Deliverables
The DHS CWMD program office has identified the following minimum deliverables and their expected frequency for this SOW.
1. Kick-Off Meeting (frequency: once, at start of Phase I)
2. Monthly Progress Report (frequency: monthly)
3. Quarterly Progress Review Briefing (frequency: every 3 months)
4. Phase I Feasibility Evaluation Review and Report (frequency: once; supersedes final Quarterly Progress Review for Phase I)
5. Phase II Preliminary Design Review Briefing and Report/Package (frequency: once)
6. Phase III Critical Design Review Briefing and Report/Package (frequency: once)
7. Phase IV Test Readiness Review and Report (frequency: once)
8. End of Phase II, III, and IV Review Briefing (frequency: once per Phase for Phases II, II, and IV; supersedes final Quarterly Progress Review for a given Phase)
9. Meeting Minutes (frequency: after each scheduled meeting associated with a deliverable)
10. Test Plan (frequency: as determined by agreement between DHS and Servicing Agency)
11. Comprehensive Final Report for Project (frequency: once, at end of last funded Phase)
12. Government Furnished Property Report (frequency: maintain active inventory; final report at end of last funded Phase)
These minimum deliverables are also listed in Table 1 below.
The Table similar to the one below should be completed matching / linking task(s) with due dates. List all deliverables from section IV above in Table 1 below under the appropriate Task/Sub-Task. If all tasks identified are not fully funded and an incremental funding approach is taken then each task should be labeled as either “funded by this action” or “partially funded by this action” or “not funded by this action.”
Table 1
Task/Subtask Number and Name
(F) Funded (P) Partially funded (U) Unfunded
| Milestones/Deliverables |
| Due Date or Completion Date |
1.0 Task Name
| 1.0 Milestone or Deliverable Description |
| “Deliverable” Due “X” days from date of DOE CO Signature on IA/IAA or Completion due by X date |
| 1.1 Sub-Task Name or Action |
| 1.1 Milestone or Deliverable Description |
| “Deliverable” Due “X” days from date of DOE CO Signature on IA/IAA or Completion due by X date |
| 1.2 Sub-Task Name or Action |
| 1.2 Milestone or Deliverable Description |
| “Deliverable” Due “X” days from date of DOE CO Signature on IA/IAA or Completion due by X date |
2.0 Task Name
| 2.0 Milestone or Deliverable Description |
| “Deliverable” Due “X” days from date of DOE CO Signature on IA/IAA or Completion due by X date |
| 2.1 Sub-Task Name or Action |
| 2.1 Milestone or Deliverable Description |
| “Deliverable” Due “X” days from date of DOE CO Signature on IA/IAA or Completion due by X date |
| 2.2 Sub-Task Name or Action |
| 2.2 Milestone or Deliverable Description |
| “Deliverable” Due “X” days from date of DOE CO Signature on IA/IAA or Completion due by X date |
3.0 Task Name
| 3.0 Milestone or Deliverable Description |
| “Deliverable” Due “X” days from date of DOE CO Signature on IA/IAA or Completion due by X date |
| 3.1 Sub-Task Name or Action |
| 3.1 Milestone or Deliverable Description |
| “Deliverable” Due “X” days from date of DOE CO Signature on IA/IAA or Completion due by X date |
| 3.2 Sub-Task Name or Action |
| 3.2 Milestone or Deliverable Description |
| “Deliverable” Due “X” days from date of DOE CO Signature on IA/IAA or Completion due by X date |
V. Project Timeline
Below is a summary of the tasking timeline for this effort:
Table 2
Indicate Month Deliverable is due or Services are to be completed
Phase/Year/or other designation if appropriate
| 1 |
| 2 |
| 3 |
| 4 |
| 5 |
| 6 |
| 7 |
| 8 |
| 9 |
| 10 |
| 11 |
| 12 |
1.0 Task Name
1.1 Sub-Task Name
1.2 Sub-Task Name
2.0 Task Name
2.1 Sub-Task Name
2.2 Sub Task Name
3.0 Continue as needed
VI. Other IA Details
1. Period of Performance. The period of performance (POP) for this SOW is from the effective date of the IA through <specify date>.
2. Travel. Travel will be required in the performance of the duties listed herein. Domestic travel requests must be submitted via email to the DHS CWMD Technical Representative at least 7 days prior to travel. It is anticipated that travel will be to Department of Homeland Security facilities in the National Capital Region, and other DHS-specified locations, as required. Foreign travel shall require the DOE facility management contractor to obtain the DHS CWMD Technical Representative’s approval 30 days prior to travel with associated CWMD approval forms. Presentations to foreign nationals must be pre-approved through established DHS CWMD processes. An approved DHS CWMD Foreign Travel Report will be due within 30 days of trip completion. Foreign travel will be consistent with DOE Order 551C.
3. DHS-Furnished Information and Property.
DHS furnished information and property, if any, shall be provided in a numbered attachment to this SOW and listed in Section VIII, Applicable Documents.
4. Property Acquired by the Servicing Agency Under This Interagency Agreement.
Any item(s) of property in excess of $5000 in value if any, acquired by the Servicing Agency or its facility management contractor under this interagency agreement, shall be identified in a numbered attachment to this SOW and listed in Section VIII, Applicable Documents at the following location(s) <Insert National Laboratory/Site, or other applicable location(s)>. [In the attachment, identify each item of property by nomenclature, quantity, location, and proposed acquisition cost.]
5. Place(s) of Performance. DOE will perform the work under this SOW at <Identfy specific location(s) where the services are to be performed>, at Department of Homeland Security facilities in the National Capital Region, and at other Government-specified locations as required.
6. Program Status Report. DOE shall deliver a monthly status report, in accordance with Section 10.a. of the attached Standard Terms and Conditions, due by the 15th day of each month.
7. Deliverables. DOE will provide all deliverables identified in this SOW to the Government in accordance with Section 10.b. of the attached Standard Terms and Conditions.
8. Security Requirements. The terms and conditions of Section14 of the attached Standard Terms and Conditions shall govern “Security” under this IA. Performance of work under this SOW may require access to information at the sensitive but unclassified level (For Official Use Only (FOUO) or Sensitive Security Information (SSI)), and at the Secret classified level. Deliverables provided by <Insert National Laboratory/Site> must be protected and maintained at the level of FOUO. This includes all quarterly/intermediate project updates, monthly and interim reports, test plans, final phase reports, etc. These deliverables must be encrypted with a password when being transmitted to DHS electronically. If provided DHS “sensitive” information (e.g., items marked with FOUO or other appropriate marking), the Servicing Agency agrees it shall safeguard such information by not providing access of this marked information to any non-federal personnel unless advance approval is obtained from the DHS CWMD Technical Representative. In turn, the DHS CWMD Technical Representative must ensure any applicable DHS security and/or suitability requirements are satisfied by its servicing DHS Security office and that a DHS NDA Form 11000-6s are signed by the non-federal personnel before access to DHS “sensitive” information is given to them. The DHS CWMD Technical Representative must further obtain copies of the executed, signed DHS Form 11000-6s, to be provided to the DHS Contracting Officer (for inclusion in the official DHS/OPO inter-agency agreement file).
9. Funding Requirements. DHS will provide funding to DOE in accordance with DHS’s appropriations and available funds. All cost categories in Table 3. below include “applicable burdens”, and the funding columns may be modified or augmented as required to address other cost categories applicable to the requirement described in the SOW.
Table 3
| Project Task*** |
| Total Funding** |
| Labor |
| Material |
| Subcontracts |
| Travel |
| Other* |
| 1.0 Task Name |
| SS |
| SS |
| SS |
| SS |
| SS |
| SS |
| 1.1 Sub Task Name |
| SS |
| SS |
| SS |
| SS |
| SS |
| SS |
| 2.0 Task Name |
| SS |
| SS |
| SS |
| SS |
| SS |
| SS |
| 2.1 Sub Task Name |
| SS |
| SS |
| SS |
| SS |
| SS |
| SS |
| 3.0 Task Name |
| SS |
| SS |
| SS |
| SS |
| SS |
| SS |
| 3.1 Sub Task Name |
| SS |
| SS |
| SS |
| SS |
| SS |
| SS |
| Total** |
| SS |
| SS |
| SS |
| SS |
| SS |
| SS |
*Describe specific costs included in this column.
**The DOE National Laboratory’s/Site’s Directed Research and Development (LDRD) cost as defined in Section 4.d. of the Standard Terms and Conditions is included in the total funding amount specified above.
*** If the funding described in this table includes an item or items of Contractor Acquired Property with a value in excess of $5000 but below the threshold, agreed to by DOE and its facility management Contractor/M&O in their current negotiated contract, for the purposes of maintaining accountability procedures, such item or item(s) shall be specifically identified in accordance with Section VI.4. of this SOW. Such item/items may or may not at the discretion of DHS be tagged, tracked, reported on, and disposed of as DHS property in the same manner as Contractor acquired property in excess of the value established under the aforementioned contract for maintaining accountability procedures, in accordance with Articles 8 and 9 of the Standard Terms and Conditions of this IA. The Servicing Agency shall include in its proposal to DHS CWMD for this IA the reasonable, allowable and allocable costs of maintaining accountability of such item(s) in accordance with the aforementioned procedures.
VII. Points of Contact
<Insert Lab Name> Points of Contact (POCs) (name, mailing address, office phone number, and email address) are as follows:
Technical POC:
Financial/Business POC:
The DHS POCs (name, mailing address, office phone number and email address) are as follows:
DHS CWMD Technical Representative:
DHS CWMD Contracting Officer:
VIII. Applicable Documents
DHS will provide the following information to DOE for work required under this SOW:
· Lists of chemical targets of interest, to include threat chemicals, precursors, substrate materials, and background/interferent chemicals, as Government Furnished Information (GFI).
DOE shall use DHS furnished information only for the performance of work under this SOW, and shall be responsible for returning all DHS furnished information to DHS at the end of the performance period. DOE shall not release DHS furnished information to outside parties without the prior and explicit consent of DHS.
IX. Changes to this SOW
Changes to this SOW shall be in made in accordance with Section 2.b. of the attached Standard Terms and Conditions.
Department of Homeland Security (CWMD) Standard Terms and Conditions for a Reimbursable Work Agreement with the Department of Energy
Standard Terms and Conditions
1. Servicing Agency. For the purposes of the interagency agreements (IAAs) for the Countering Weapons of Mass Destruction Office (CWMD) of the Department of Homeland Security (DHS), reference to the “Servicing Agency” means Department of Energy (DOE) and, when appropriate, DOE’s component organization the National Nuclear Security Administration (NNSA). DHS CWMD is directing its IAAs to DOE, not the facility management contractors. The work described in the attached Statement of Work (SOW) will be performed for the Department of Homeland Security, pursuant to
· § 309(a)(1)(C) of the Homeland Security Act of 2002, Pub. L. 107-296 (116 Stat. 2135 (2002)),
· Memorandum of Agreement between DOE and DHS (February 28, 2003), and
· DOE Order 484.1, Reimbursable Work for the Department of Homeland Security (August 17, 2006), including its attachments.
Performance of work described in the attached SOW will be conducted under the terms and conditions of the DOE facility management contract number <insert contract number> (facility management contract). DHS acknowledges that DOE facility management contractors are prohibited from performing reimbursable work that conflicts with the terms and conditions (T&Cs) of the facility management contract. DOE acknowledges that these T&Cs do not conflict with DOE-approved facility management contract T&Cs. In the case of conflict between these T&Cs and the facility management contract, the facility management contract prevails.
2. Statement of Work.
a. The SOW negotiated between DHS and the DOE facility management contractor is included as an attachment.
b. Changes and/or modifications to this Agreement shall be in writing and approved by the cognizant DHS Contracting Officer and DOE Contracting Officer. No oral statement by any person shall be interpreted as modifying or otherwise affecting the terms of this agreement.
c. The DHS CWMD Technical Representative identified in the Points of Contact section of this agreement is responsible for the technical administration of this Agreement. The DHS CWMD Technical Representative is not authorized to make any changes that impact the cost, schedule or performance of this Agreement without a properly executed change or modification to this Agreement in accordance with paragraph b above.
d. DHS and DOE recognize that certain communications and direction between the DHS and the DOE facility management contractor to meet the requirements identified in the attached SOW may occur. DHS acknowledges that direction to DOE facility management contractors will be limited to day-to-day decisions directly related to performance of work identified in the attached DOE-approved SOW. DHS and the facility management contractor may discuss changes to the requirements in the SOW that modify the scope, cost, or delay delivery of the product, however, any such changes must be approved in writing by the cognizant DOE contracting officer.
3. Period of Performance. The period of performance negotiated between DHS and the DOE facility management contractor for the IA is specified in the attached SOW. The period of performance starts on the date of execution of the IA by both the DHS and the DOE contracting officers. The end date is identified in the attached SOW and the funding document.
4. Financial Terms.
a. Estimated cost. The estimated cost for the performance of the work is described in the attached SOW (estimated cost includes, among other things, all direct and indirect costs). The costs charged to DHS will be the same as the costs that would have been charged to DOE for the performance of the work. DHS reimbursable work is performed on a full cost recovery basis. DHS shall be responsible for all costs required to restore the work site environment to its prior form or previous condition after all DHS work under this IA is completed.
b. Amount Obligated. DHS obligates the total dollar amount identified in the IA for the performance of work described in the SOW. Full funding shall be provided for work to be completed within one fiscal year. For work that transcends fiscal years, full funding for the remainder of the current fiscal year plus the first three months of the following fiscal year is required. DHS may request the DOE Contracting Officer (CO) approve an exception to full funding requirement on a case-by-case basis. To the extent that this obligation is less than the total estimated cost, DOE shall ensure facility management contractors provide sixty (60) days notice of the need for additional DHS funds for continuation of the work. DOE facility management contractors will perform work and incur costs only when funding for the requirements described in the SOW has been provided by DHS. In the absence of such funding, work on this DHS project will cease.
c. Billing Instructions. DHS reimbursement of costs incurred in the performance of work described in the SOW will be made via the U.S. Treasury Inter-government Payment and Collection System (IPAC).
d. Laboratory Directed Research and Development (LDRD). LDRD costs shall be identified and charged in accordance with the DOE/DHS MOU and DOE policies and procedures delineated in DOE Order 484.1.
Attachment 4 of DOE Order 484.1, Reimbursable Work for the Department of Homeland Security states, “The following language must be included in each DHS funding acceptance document “Consistent with the Department of Energy’s (DOE’s) full cost recovery policy, DOE collects, as part of its standard indirect cost rate, a laboratory-directed research and development (LDRD) cost. Based on the amount of funds accepted for this project, $ ________ represents an estimated amount that will be used for LDRD efforts. DHS agrees that LDRD efforts provide opportunities in research that are instrumental in maintaining cutting-edge science capabilities that benefit all of the customers at the laboratory. In addition, DOE manages its LDRD program in a manner that will demonstrate that LDRD activities support DHS mission areas commensurate with the funding provided by DHS. In providing funds to DOE to perform this work, DHS anticipates that such activities will support the missions of DHS and will be consistent with appropriations acts that provide its funds.”
5. Place of Performance. The cognizant DOE Contracting Officer will authorize performance of the work at the DOE facility described in the SOW. If the work is to be performed at multiple sites under the IA, the DHS has specifically identified in the attached SOW what work will be performed at each site.
6. Travel. Domestic travel costs required to perform this work will be reimbursed consistent with the T&Cs of the DOE facility management contract. Foreign travel shall require the DOE facility management contractor to obtain the CWMD Technical Representative’s approval and DOE Contracting Officer’s approval 30-days in advance of the travel.
7. DHS-Furnished Information and Property.
a. DHS will provide to DOE any DHS information, materials, or forms that are unique to DHS to support tasks under the IA. Such forms and other documentation (e.g., approval requests for foreign travel) may require input from the DOE and/or the DOE facility management contractor. This information is considered part of the DHS Reimbursable Work agreement and of a routine nature (i.e., not overly burdensome or resource-intensive and consistent with regular DOE requirements). However, costs for unusual, non-routine, or resource-intensive transactions (in excess of regular DOE requirements) specified in the attached SOW or subsequent to the work being approved will be reimbursed by DHS.
b. The DHS CWMD Technical Representative identified in the IA will be the point of contact (POC) for identification of any required information to be supplied by DHS.
c. DHS-Furnished Property. DHS will provide property to DOE only when specifically identified in the IA or modification to this IA subsequent to approval of the IA.
8. Acquisition of Property under the IA
a. DOE is authorized to purchase all property specifically identified in the SOW.
b. DOE may acquire property not identified in the SOW when cost are less than $5,000 and the acquisition is required in the performance of the work under the IA. All property acquisitions in excess of $5,000 shall be identified in the SOW.
c. DOE shall obtain written approval of the DHS CWMD Contracting Officer prior to purchasing any property not identified in the SOW with associated costs in excess of $5,000.
d. Property costing $5,000 or more, or other amount specifically provided for maintaining accountability procedures in the contract between DOE and the facilities management contractor, shall upon its purchase become the property of DHS. Such items will be accounted for in accordance with DOE approved property accountability procedures used by the DOE facility management contractor in the performance of DOE work.
9. Property Disposition. The DHS Contracting Officer shall provide written instructions to DOE regarding the disposition of property that costs $5,000 or more, or other amount specifically provided for maintaining accountability procedures in the contract between DOE and the facilities management contractor, and sensitive property (see DOE Order 580.1) regardless of value. DHS will reimburse the costs of property disposition or pay transportation costs to a DHS facility. DOE will retain ownership or dispose of property (except sensitive property) costing less than $5,000, or other amount specifically provided for maintaining accountability procedures in the contract between DOE and the facilities management contractor, according to the procedures approved by DOE for use by the DOE facility management contractor.
10. Deliverables.
a. Program Status Report: The DOE facility management contractor will provide program status reports to the DHS consistent with direction provided in the SOW. Reports should be provided to the DHS CO, CWMD Technical Representative and DHS CWMD Resource Manager and contain metrics pertaining to financial, schedule, and performance information, risk information, a summary of expected deliverables and milestones for the effort, and an assessment of performance of all work performed under the IA.
b. All other deliverables identified in the attached SOW will be sent directly to the DHS CWMD Technical Representative, with a copy of the transmittal letter to the DOE and DHS Contracting Officers (the executing authorities for the IA).
11. Acceptance Criteria. Deliverables shall be subject to testing, review, and acceptance by DHS to verify that each deliverable satisfies DHS’s applicable acceptance criteria. The DOE facility management contractor will perform the IA work in a manner consistent with its subject matter expertise. “Acceptance Criteria” mean the criteria developed by DHS to determine whether a deliverable is ready for acceptance by DHS and may include, without limitation, requirements that the applicable deliverable: (i) has been completed and delivered/achieved according to the SOW; (ii) meets or exceeds the identified requirements in the SOW, including but not limited to technical specifications and performance standards; and (iii) complies with such other criteria as may be developed and agreed on by DHS and DOE. DHS will identify in the attached SOW any Acceptance Criteria specific to the IA requirements.
12. Correction of Nonconformities. If a deliverable fails to meet the Acceptance Criteria (each failure will be referred to as a “Nonconformity”), the DHS CO will provide written notification to the DOE and the DOE facility management contractor of such failure. Upon receiving such notice, DOE facility management contractor will inform DHS and DOE in writing of the costs and proposed actions to mitigate the nonconformity. Corrective actions will not be undertaken until DHS provides approval in writing on what actions are to be taken and provides funding to support such actions. The corrected Nonconformity will be delivered to DHS, which will then confirm in writing whether the redelivered deliverable satisfies the applicable Acceptance Criteria. The process described in this paragraph may be repeated until all Nonconformities are corrected and the deliverable satisfies the IA Acceptance Criteria or until either party determines that continued efforts would be unsuccessful. DHS will reimburse DOE for all costs associated with these corrective actions.
13. DOE Facility Contractor’s Performance. As requested, annually and at completion of performance, DHS shall provide the DOE Contracting Officer with a written evaluation of the DOE facility management contractor’s performance.
14. Security Requirements.
a. All work performed under the IA is unclassified unless otherwise specified by DHS.
b. Performance of work under the IA may require access by DOE and/or DOE’s facility management contractor to information that is sensitive but unclassified, e.g., Official Use Only or other designations that can qualify as Freedom Of Information Act exemptions and/or classified (e.g., Confidential, Secret, or Top Secret, and if classified, at categories of National Security Information, Restricted Data, or Formerly Restricted Data). If sensitive but unclassified or classified work is required under the IA, DHS will provide specific guidance to DOE as to which work will be subject to treatment as sensitive but unclassified and/or classified and at which classification level. If DHS guidance appears to conflict with DOE or other applicable Government guidelines, DHS and DOE will negotiate the treatment of the data in a manner that best satisfies the requirements of both agencies, and DOE will assure the facility management contractor will adhere to the result.
15. Intellectual Property.
a. The work described in the SOW is sponsored by DHS. The intellectual property rights under this agreement, including rights to patents conceived or first reduced to practice or the rights in scientific and technical data or computer software first produced, including the right to assert copyright, are governed by the DOE facility management contract. The additional conditions listed below are necessary to assure that those intellectual property rights are exercised in consonance with the programmatic objectives of the DHS sponsorship of the work under this agreement.
b. In authorizing the facility management contractor to perform work under the IA, DOE shall require that any publication of scientific and technical data or computer software first produced under this agreement will contain the following legend or equivalent reflecting DHS sponsorship of the work:
“The Department of Homeland Security sponsored the production of this material under DOE Contract Number <insert contract number> for the management and operation of <insert National Lab name>.”
c. Where the terms of the DOE facility management contract require DOE authorization, DOE will not authorize the facility management contractor to retain or exercise any intellectual property rights not specifically granted under the DOE facility management contract, such as the right of the facility management contractor to assert its copyright in scientific or technical data or computer software first made or produced under this agreement, without consulting with and receiving the concurrence of the DHS Intellectual Property Counsel, specified below, or his/her designee. This requirement does not affect the right of the facility management contractor to assert copyright in scientific and technical journals as provided under the DOE facility management contract.
d. The DOE facility management contract provides that the facility management contractor shall not include in any items delivered to the Government material that is copyrighted by third parties without the prior approval of DOE, unless such material is subject to the contractually specified Government license. DOE shall not approve any such request under the IA without consulting with and receiving the concurrence of the DHS Intellectual Property Counsel or his/her designee.
e. In authorizing the DOE facility management contractor to perform the work described in the SOW, DOE shall require that, whenever the facility management contractor makes a request to DOE relating to intellectual property matters or provides invention disclosures, the facility management contractor provide a copy of all such requests or invention disclosures to the DHS Intellectual Property Counsel.
f. The facility management contractor’s merely providing copies of requests or invention disclosures to DHS Intellectual Property Counsel, as provided in paragraph 14c., d., or e., does not in any way obviate the obligations of the facility management contractor to make invention disclosures, submit requests for permission to assert copyright, or provide any other intellectual property notices or requests to DOE Patent Counsel pursuant to the terms and conditions of the DOE facility management contract.
g. DHS Intellectual Property Counsel:
Assistant General Counsel for Intellectual Property Department of Homeland Security 245 Murray Lane Washington, D.C. 20825
Or AssertCopyrightRequest@dhs.gov
16. Termination.
a. The IA may be terminated by mutual agreement of DOE and DHS, documented in a bilateral modification. The IA may also be unilaterally suspended by either party upon 30 days’ advance written notice to the other party. In the event of a termination of this Agreement, no future work may be performed against it. Incurred costs and associated termination costs, including payment for any outstanding commitments related to the SOW shall be paid by DHS. After payment of those costs, DOE shall return any remaining funds to DHS.
b. Upon termination, DOE will assure that the facility management contractor provides all completed deliverables and the most current version of data relating to any incomplete deliverables. DOE will provide DHS with an accounting of the IA costs and any termination costs.
17. Closeout.
a. This agreement will be closed out when the end of the period of performance is reached, all required deliverables are accepted, the final invoice submitted, disclosure and requests for intellectual property rights submitted, property dispositioned, environmental, safety and health issues closed and excess funds deobligated. Any unexpended funds will be deobligated by DHS, by a bilateral amendment.
b. If DHS fails to request closeout, then DOE should begin the process and notify DHS as soon as practicable and prior to final closeout.
c. A unilateral amendment may be issued by DHS when DOE requests a deobligation of remaining funds under the agreement after all close-out items have been completed and the remaining balance is reconciled with the DHS account.
18. Points of Contact.
a. The DOE Contracting Officer is the executing authority for the IA on behalf of DOE.
b. The DOE point of contact for a DHS reimbursable agreement shall be identified in the attached statement of work.
c. DOE will notify DHS of any changes to the Contracting Officer executing this agreement. DOE will identify other points of contact as necessary.
d. Except for Intellectual Property Counsel as provided above, the DHS POCs are as follows:
· DHS-CWMD Technical Representative – this person is identified in the attached SOW.
· DHS-CWMD Resource Manager – this person is also identified in the attached SOW.
· DHS-CWMD Contracting Officer – this person is the executing authority for this IA on behalf of the Requesting Agency.
DHS CWMD may change the individuals designated as these POCs upon written notice to DOE of such a change.
Distribution is authorized to U.S. government agencies only. Contains information that may be exempt from public release under the Freedom of Information Act. Before this SOW is released to the public, approval is required by the Department of Homeland Security Countering Weapons of Mass Destruction (CWMD) Office.
File details come from the government source that posted it. Updated .