RFP HDTRA1-11-R-0001.doc

Section B - Supplies or Services and Prices

B1. CONTRACT MIN / MAX VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value in the following table.

MINIMUM AMOUNT

MAXIMUM AMOUNT

$100,000

$97,000,000

Lot

CS A&AS (O&M)

CPFF

The contractor shall provide Advisory & Assistance Services (A&AS) to the Combat Support (CS) Directorate as set forth in Attachment 1, Statement of Work, dated November 15, 2010. Specific work and the total amount shall be defined in individual task orders issued pursuant to FAR 52.216-18 "Ordering," and IAW the task order Statement of Work (SOW) or SOO.

Performance Period: To be specified by individual task orders issued hereunder.

Ordering Period: 5 years

FOB: Destination

PURCHASE REQUEST NUMBER: CSM090016091

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CS A&AS (R&D)

The contractor shall provide Advisory & Assistance Services (A&AS) to the Combat Support (CS) Directorate as set forth in Attachment 1, Statement of Work, dated November 15, 2010. Specific work and the total amount shall be defined in individual task orders issued pursuant to FAR 52.216-18 "Ordering," and IAW the task order Statement of Work (SOW) or SOO.

Performance Period: To be specified by individual task orders issued hereunder.

Ordering Period: 5 years

Lot

CS A&AS (O&M)

FFP

The contractor shall provide Advisory & Assistance Services (A&AS) to the Combat Support (CS) Directorate as set forth in Attachment 1, Statement of Work, dated November 15, 2010. Specific work and the total amount shall be defined in individual task orders issued pursuant to FAR 52.216-18 "Ordering," and IAW the task order Statement of Work (SOW) or SOO.

Performance Period: To be specified by individual task orders issued hereunder.

NET AMT

Lot

CS A&AS (R&D)

The contractor shall provide Advisory & Assistance Services (A&AS) to the Combat Support (CS) Directorate as set forth in Attachment 1, Statement of Work, dated November 15, 2010. Specific work and the total amount shall be defined in individual task orders issued pursuant to FAR 52.216-18 "Ordering," and IAW the task order Statement of Work (SOW) or SOO.

Performance Period: To be specified by individual task orders issued hereunder.

NET AMT

Lot

NS A&AS (O&M)

The contractor shall provide Advisory & Assistance Services (A&AS) to the Nuclear Support (NS) Directorate as set forth in Attachment 1, Statement of Work, dated November 15, 2010. Specific work and the total amount shall be defined in individual task orders issued pursuant to FAR 52.216-18 "Ordering," and IAW the task order Statement of Work (SOW) or SOO.

Performance Period: To be specified by individual task orders issued hereunder.

Lot

NS A&AS (R&D)

The contractor shall provide Advisory & Assistance Services (A&AS) to the Nuclear Support (NS) Directorate as set forth in Attachment 1, Statement of Work, dated November 15, 2010. Specific work and the total amount shall be defined in individual task orders issued pursuant to FAR 52.216-18 "Ordering," and IAW the task order Statement of Work (SOW) or SOO.

Performance Period: To be specified by individual task orders issued hereunder.

Lot

NS A&AS (O&M)

The contractor shall provide Advisory & Assistance Services (A&AS) to the Nuclear Support (NS) Directorate as set forth in Attachment 1, Statement of Work, dated November 15, 2010. Specific work and the total amount shall be defined in individual task orders issued pursuant to FAR 52.216-18 "Ordering," and IAW the task order Statement of Work (SOW) or SOO.

Performance Period: To be specified by individual task orders issued hereunder.

NET AMT

Lot

NS A&AS (R&D)

The contractor shall provide Advisory & Assistance Services (A&AS) to the Nuclear Support (NS) Directorate as set forth in Attachment 1, Statement of Work, dated November 15, 2010. Specific work and the total amount shall be defined in individual task orders issued pursuant to FAR 52.216-18 "Ordering," and IAW the task order Statement of Work (SOW) or SOO.

Performance Period: To be specified by individual task orders issued hereunder.

NET AMT

Minimum Order Guarantee

COST

ESTIMATED COST

Section C - Descriptions and Specifications

DESCRIPTION AND SPECIFICATION

The Contractor shall provide the supplies and/or services set forth in Section B, in accordance with the following:

a. Defense Threat Reduction Agency Basic IDIQ Contract Statement of Work entitled, “Statement of Work for Advisory and Assistance Services (A&AS) Support to the Combat Support (CS) and Nuclear Support (NS) Directorates” Dated November 15, 2010, Attachment 1 to this Solicitation.

b. Contract Data Requirements List (DD Form 1423-1), Exhibit A to this Solicitation.

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

252.247-9001 PACKAGING AND MARKING

(a) All data contained in Exhibit A, Contract Data Requirements List (CDRL), DD Form 1423 delivered under this contract shall be delivered using best commercial practices to meet the packaging requirements of the carrier and to insure delivery, to the addressees specified on the Data Item Cover Sheet, at destination and in accordance with applicable security requirements.

(b) All data and correspondence submitted to the Contracting Officer shall reference the Contract Number, the CDRL number, and the date submitted. A copy of all correspondence sent to the Contracting Officer's Representative (COR) or Project Manager shall be simultaneously provided to the Contracting Officer.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

252.246-9000 INSPECTION AND ACCEPTANCE Alt I (JUL 2007)

Government inspection and acceptance of data is specified on the Contract Data Requirements List, DD Form 1423. In accordance with FAR 52.246-(To be specified at the task order(s) level), inspection and acceptance for all work performed at any and all times under this contract shall be the responsibility of the:

Contracting Officer's Representative (COR) or Project Manager (PM). The Wide Area Work Flow (WAWF) Acceptor DoDDAC is located in DTRA 252.201-9000 Project Manager or DTRA 252.201-9002 Contracting Officer’s Representative.

Specific Inspection and Acceptance Terms will be defined in each Task Order.

(End of Clause)

Section F - Deliveries or Performance

F1. LEVEL OF EFFORT

a. This Contract is a term form of contract as defined in FAR 16.306(d)(2). The contractor shall therefore deliver the level of effort for this contract as follows:

1. The level of effort for the performance of Item/CLIN X shall be X total man-hours of direct labor. The estimated composition of total man-hours by labor classification is stated below. The composition of expended man-hours may vary from the estimated composition.

RESERVED

b. While the contractor is expected to deliver the total quantity of man-hours identified in paragraph b above, the contractor is authorized a downward variance of a maximum of ten percent (10%) or a total delivery of ninety percent (90%) of the paragraph b identified deliverable hours with no effect on the earned Fixed Fee of the Item(s)/CLIN(s). However, if the contractor expends less than this ninety percent (90%) threshold during the contract term, the Contracting Officer shall unilaterally modify the contract to reduce the Fixed Fee in accordance with the formula below:

Fee Reduction Calculation:

Expended Hours = Actual delivered Hours during the Contract Term (by Item/CLIN)

Contract Hours = 90% of Paragraph a1. hours (by Item/CLIN)

Expended Hours X Fixed Fee $ = Earned Fee $

Contract Hours

c. Notwithstanding any other provision of this clause, the contractor may expend total man-hours by Item/CLIN up to ten percent (10%) in excess of the total man-hours identified in paragraph b above, provided that the contractor expends the additional man-hours within the Item/CLIN contract term and at no increase in the estimated cost or fixed fee of the Item/CLIN and in accordance with the Limitation of Cost and or Limitation of Funds clauses, as applicable.

d. Within 60 days of completion of the work performed for the Item/CLINs cited in paragraph b. above, the contractor shall provide the following information in writing to the Contracting Officer with copies to the cognizant Contract Administration Office and DCAA office to which vouchers are submitted: (1) the number of expended man-hours, (2) a breakdown of the expended man-hours in each labor classification, (3) a further breakdown of the expended man-hours in each labor classification by contract line item, (4) the Contractor's estimate of the total allowable costs incurred, (5) in the case of a cost underrun, the amount by which the estimated cost may be reduced to recover excess funds, and (6) in the case of an underrun in man-hours, a calculation of the appropriate fixed-fee reduction in accordance with this clause.

F2. PERIOD OF PERFORMANCE

BASIC CONTRACT ORDERING PERIOD / TASK ORDER(S) PERIOD OF PERFORMANCE

The ordering period of the basic contract shall commence upon receipt of a fully executed contract and continue 60 months after contract award. The period of performance of task orders must conclude within the ordering period of the basic contract.

DELIVERY INFORMATION

8725 JOHN J. KINGMAN DRIVE MSC 6201

FORT BELVOIR, VA 22060-6201

FOB: DESTINATION

HDTRA1

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Section G - Contract Administration Data

252.201-9000 PROJECT MANAGER (MAY 2007)

The Project Manager for this requirement is:

TBD

DTRA/_____

8725 John J. Kingman Rd, MS 6201

Fort Belvoir VA 22060-6201

Telephone number (703) ___-____ e-mail address____________@dtra.mil.

WAWF Acceptor DoDAAC: HDTRA1

DTRA/_____

1680 Texas St SE

Kirtland AFB NM 87117-5669

Telephone number (505) ___-____ e-mail address____________@abq.dtra.mil.

WAWF Acceptor DoDAAC: HDTRA2

(End of Clause)

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252.201-9001 CONTRACTING OFFICE POINT OF CONTACT (POC) (Dec 2007) The POC in the Procuring Contracting Office for this contract action is Deonna Reyes, Contract Specialist, DTRA-BE-BCO, telephone number (703) 767-7943, email address deonna.reyes@dtra.mil.

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252.201-9002 CONTRACTING OFFICER'S REPRESENTATIVE (MAY 2007)

a. The Contracting Officer's Representative (COR) for this contract is:

To Be Determined at Contract Award / Task Order(s) Defense Threat Reduction Agency/_______

8725 John J. Kingman Rd, MS 6201

Fort Belvoir VA 22060-6201

Telephone number (703) ___-____ e-mail address____________@dtra.mil.

WAWF Acceptor DoDAAC: HDTRA1

b. The COR will act as the Contracting Officer’s Representative for technical matters providing technical direction and discussion as necessary with respect to the specification/statement of work and monitoring the progress and quality of the Contractor’s performance. The COR is NOT an Administrative Contracting Officer (ACO) and does not have the authority to take any action, either directly or indirectly that would change the pricing, quality, quantity, place of performance, delivery schedule, or any other terms and conditions of the contract, or to direct the accomplishment of effort, which goes beyond the scope of the specifications/statement of work in the contract.

c. When, in the opinion of the contractor, the COR requests effort outside the existing scope of the contract, the contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the contractor under such direction until the Contracting Officer has issued a modification to the contract or has otherwise resolved the issue.

CLAUSES INCORPORATED BY FULL TEXT

252.204-7006 BILLING INSTRUCTIONS (OCT 2005)

When submitting a request for payment, the Contractor shall--

(a) Identify the contract line item(s) on the payment request that reasonably reflect contract work performance; and

(b) Separately identify a payment amount for each contract line item included in the payment request.

(End of clause)

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252.204-9002 PAYMENT INSTRUCTIONS FOR MULTIPLE ACCOUNTING CLASSIFICATION CITATIONS (AUG 2007)

In accordance with DFARS 204.7108 Payment Instructions, payment shall be made by the numbered payment instruction identified below:

TBD IN EACH TASK ORDER

_____ (1) Line item specific: single funding. If there is only one source of funding for the contract line item (i.e., one ACRN), the payment office will make payment using the ACRN funding of the line item being billed.

_____ (2) Line item specific: sequential ACRN order. If there is more than one ACRN within a contract line item, the payment office will make payment in sequential ACRN order within the line item, 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.

_____ (3) Line item specific: contracting officer specified ACRN order. If there is more than one ACRN within a contract line item, the payment office will make payment within the line item in the sequence ACRN order specified by the contracting officer, exhausting all funds in the previous ACRN before paying from the next ACRN.

_____ (4) Line item specific: by fiscal year. If there is more than one ACRN within a contract line item, the payment office will make payment 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, the payment amount shall be disbursed from each ACRN within a fiscal year in the same proportion as the amount of funding obligated for each ACRN within the fiscal year.

_____ (5) Line item specific: by cancellation date. If there is more than one ACRN within a contract line item, the payment office will make payment using the ACRN with the earliest cancellation date first, exhausting all funds in that ACRN before disbursing funds from the next. In the event there is more than one ACRN associated with the same cancellation date, the payment amount shall be disbursed from each ACRN with the same cancellation date in the same proportion as the amount of funding obligated for each ACRN with the same cancellation date.

_____ (6) Line item specific: proration. If there is more than one ACRN within a contract line item, the payment office will make payment from each ACRN in the same proportion as the amount of funding currently unliquidated for each ACRN.

______ (7) Contract-wide: sequential ACRN order. The payment office will make payment in sequential ACRN order within the contract or order, 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.

_____ (8) Contract-wide: contracting officer specified ACRN order The payment office will make payment in sequential ACRN order within the contract or order, exhausting all funds in the previous ACRN before paying from the next ACRN in the sequence order specified by the contracting officer.

_____ (9) Contract-wide: by fiscal year. The payment office will make payment 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, the payment amount shall be disbursed from each ACRN within a fiscal year in the same proportion as the amount of funding obligated for each ACRN within the fiscal year.

_____ (10) Contract-wide: by cancellation date. The payment office will make payment using the ACRN with the earliest cancellation date first, exhausting all funds in that ACRN before disbursing funds from the next. In the event there is more than one ACRN associated with the same cancellation date, the payment amount shall be disbursed from each ACRN with the same cancellation date in the same proportion as the amount of funding obligated for each ACRN with the same cancellation date.

_____ (11) Contract-wide: proration. The payment office will make payment from each ACRN within the contract or order in the same proportion as the amount of funding currently unliquidated for each ACRN.

_____ (12) Other. If none of the standard payment instructions identified in paragraphs (d)(1) through (11) of this section are appropriate, the contracting officer may insert other payment instructions, provided the other payment instructions--

(i) Provide a significantly better reflection of how funds will be expended in support of contract performance; and

(ii) Are agreed to by the payment office and the contract administration office.

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252.204-9003 Contractor Access to DTRA Facilities or Information Systems (AUG 2007)

Contractors requiring access to Defense Threat Reduction Agency (DTRA) facilities or information systems worldwide will be required to obtain a Common Access Card (CAC), and shall comply with the identity proofing, registration, and accreditation requirements provided by the DTRA Physical Security Branch, Security and Counterintelligence Directorate. Further information may be obtained by contacting the Physical Security Branch at 703-767-2972 or 7951.

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252.216-9005 PROFIT OR FEE ON TRAVEL COSTS (JUL 2008)

Travel shall not be a profit or fee bearing cost element.

(End of clause)

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252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING REPORTS (MAR 2008)

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

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using Wide Area WorkFlow (WAWF) or another electronic form authorized by the Contracting Officer.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests and receiving reports using WAWF, in one of the following electronic formats that WAWF accepts: Electronic Data Interchange, Secure File Transfer Protocol, or World Wide Web input. Information regarding WAWF is available on the Internet at https://wawf.eb.mil/.

(c) The Contractor may submit a payment request and receiving report using other than WAWF only when--

(1) The Contracting Officer authorizes use of another electronic form. With such an authorization, the Contractor and the Contracting Officer shall agree to a plan, which shall include a timeline, specifying when the Contractor will transfer to WAWF;

(2) DoD is unable to receive a payment request or provide acceptance in electronic form;

(3) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment; or

(4) DoD makes payment for commercial transportation services provided under a Government rate tender or a contract for transportation services using a DoD-approved electronic third party payment system or other exempted vendor payment/invoicing system (e.g., PowerTrack, Transportation Financial Management System, and Cargo and Billing System).

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

252.232-9000 CONTRACT FUNDING PROFILE (OCT 1998)

Subject to FAR Clause 52.232-22, Limitation of Funds, the amount of $_____________ is obligated for work to be performed during the period beginning with contract award and continuing through _________________. Additional incremental funding planned, but not obligated, is:

To Be Specified in the Task Order(s) (End of clause)

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252.232-9001 PRICES/COST

a. Subject to the provisions of the Clauses of this Contract entitled LIMITATION OF FUNDS, ALLOWABLE COST AND PAYMENT, and FIXED FEE, the total allowable cost under this Contract shall not exceed $________ A_____ _____, which is the total estimated cost of the Contractor's performance hereunder, exclusive of fixed fee. In addition, the Government shall pay the Contractor a fixed fee of $__________B_____________ for the performance of this Contract. It is understood and agreed that the Government's obligation is limited to INCREMENTAL FUNDING in the amount of $_________C____________. Within this amount ($________C_________), the fixed fee shall bear the same relationship to the total fixed fee, as the costs incurred bear to the total estimated cost.

b. Interim payment vouchers may be submitted for provisional payment pursuant to the Clauses of this Contract entitled ALLOWABLE COST AND PAYMENT and FIXED FEE.

To Be Specified in the Task Order(s)

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252.232-9002 ACCOUNTING AND APPROPRIATION DATA

CLIN

ACRN

ACCOUNTING AND APPROPRIATION DATA

AMOUNT

TBD

$100,000

252.232-9007 PAYMENT INFORMATION IN CENTRAL CONTRACTOR REGISTRATION (CCR)

DATABASE

This contract contains FAR clause 52.204-7, Central Contractor Registration. All contractors must be registered in the CCR database prior to award, during performance, and through final payment of any contract, except for awards to foreign vendors for work to be performed outside the United States.

The Contractor is responsible for the accuracy and completeness of the data within the CCR, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. In addition to the contractor's requirement to confirm on an annual basis that its information in the CCR database is accurate and complete, the contractor's information in the CCR database must be updated whenever changes occur to the contractor's remit-to data (e.g., account number, vendor name and address, etc.) and the paying office notified of any changes. The contractor's failure to maintain accurate information in the CCR database could result in payment delays for which the Government shall not be liable.

CLAUSES INCORPORATED BY FULL TEXT

252.232-9008 DIRECT SUBMITTAL OF VOUCHERS

The contractor may request the Contracting Officer to approve the submittal of vouchers directly to the paying office address. The contractor's request to the Contracting Officer must be accompanied by evidence of authorization granted by the Defense Contract Audit Agency (DCAA). A copy of DCAA's authorization letter for direct submittal must accompany all vouchers submitted directly to the paying office.

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252.232-9012 WIDE AREA WORK FLOW (WAWF) – RECEIPT AND ACCEPTANCE (RA) INSTRUCTIONS (September 2008)

(a) As prescribed in DFARS clause 252.232-7003 Electronic Submission of Payment Requests (Jan 2004), Contractors must submit payment requests in electronic form. Paper copies will no longer be accepted or processed for payment unless the conditions of DFARS clause 252.232-7003(c) apply. To facilitate this electronic submission, the Defense Threat Reduction Agency (DTRA) has implemented the DoD sanctioned Wide Area Workflow-Receipt and Acceptance (WAWF-RA) for contractors to submit electronic payment requests and receiving reports. The contractor shall submit electronic payment requests and receiving reports via WAWF-RA. Vendors shall send an email notification to the Contracting Officer Representative (COR), Program/Project Manager or other government acceptance official identified in the contract by clicking on the Send More Email Notification link upon submission of an invoice/cost voucher in WAWF-RA. To access WAWF, go to https://wawf.eb.mil//.

** For questions, contact the DTRA WAWF Team at 703-767-6840 or wawfhelp@dtra.mil **

(b) Definitions:

Acceptor: Contracting Officer’s Representative, Program/Project Manager, or other government acceptance official as identified in the contract/order.

Pay Official: Defense Finance and Accounting Service (DFAS) payment office identified in the contract/order.

SHIP To/Service Acceptor DoDAAC: Acceptor DoDAAC or DCMA DoDAAC (as specified in the contract/order).

DCAA Auditor DoDAAC: Needed when invoicing on cost-reimbursable contracts. (Go to www.dcaa.mil and click on the appropriate link under the Audit Office Locator to search for your DCAA DoDAAC.)

For contracts that are administered by the Office of Naval Research (ONR):

<<<<< Enter the ONR DoDAAC in the DCAA Auditor DoDAAC field in WAWF.

(c) WAWF Contractor Input Information:

The contractor shall use the following information in creating electronic payment requests in WAWF:

Invoice Type in WAWF:

If billing for Cost Type/Reimbursable contracts (including T&M and LH), select “Cost Voucher”

If billing for Firm-Fixed Price (FFP) Materials Only, select “Combo”

If billing for FFP Materials and Service, select “Combo”

If billing for FFP Services Only, select “2-n-1 (Services Only)”

** If the contract contains both FFP and Cost Type (including T&M and LH) line items, they must be invoiced separately on appropriate types mentioned above. Upon the written approval of the Project Manager or Contracting Officer’s Representative, the contractor may invoice both line items in one type of invoice.

For WAWF Routing Information, See Table Below:

Located in Block/Section

INSPECTION AND ACCEPTANCE

INSPECTION AND ACCEPTANCE

(d) Final Invoices/Vouchers -Final Payment shall be made in accordance with the Federal Acquisition Regulation (FAR) 52.216-7, entitled “Allowable Cost and Payment.”

Invoices - Invoice 2-n-1 (Services Only) and Invoice and Receiving Report (Combo) Select the “Y” selection from the “Final Invoice?” drop-down box when submitting the final invoice for payment for a contract. Upon successful submission of the final invoice, click on the Send More Email Notifications link to send an additional email notification to the Contracting Officer Representative (COR), Program/Project Manager or other government acceptance official identified in the contract.

Cost Vouchers - Once the final DCAA audit is complete for cost reimbursable contracts and authorization is received to submit the final cost voucher, select the “Y” selection from the “Final Voucher” drop-down box when submitting the final cost voucher. Upon successful submission of the final cost voucher, click on the Send More Email Notifications link to send an additional email notification to the following email address: finalcostvouchers@dtra.mil

(e) WAWF Training may be accessed online at http://www.wawftraining.com//. To practice creating documents in WAWF, visit practice site at https://wawftraining.eb.mil//. General DFAS information may be accessed using the DFAS website at http://www.dod.mil/dfas//. Payment status information may be accessed using the myInvoice system at https://myinvoice.csd.disa.mil// or by calling the DFAS Columbus helpdesk at 800-756-4571. (Select Option 1) Your contract number and shipment/invoice number will be required to check status of your payment.

Note: For specific invoice related inquiries email: wawfvendorpay@dtra.mil. Vendors shall forward any additional DTRA related WAWF questions to wawfhelp@dtra.mil.

CLAUSES INCORPORATED BY FULL TEXT

252.237-9000 CONTRACT HOLIDAYS (JUN 2010)

(a) The price/costs in Section B of the contract include federal holiday observances; accordingly, the Government will not be billed for such holidays, except when services are required by the Government and are actually performed on the federal holiday.

(b) The following days are contract holidays:

New Year’s Day

01 January

Martin Luther King’s Birthday Third Monday in January

President’s day

Third Monday in February

Memorial Day

Last Monday in May

Independence Day

04 July

Labor Day

First Monday in September

Columbus Day

Second Monday in October

Veteran’s Day

11 November

Thanksgiving Day

Fourth Thursday in November

Christmas Day

25 December

(c) If a federal holiday listed above falls on a Saturday or Sunday, the official observance of the holiday will be on the previous Friday or the following Monday.

(End of Clause)

Section H - Special Contract Requirements

H1. AUTHORITY TO ISSUE ORDERS

Task Orders issued pursuant to this contract shall be placed by DTRA only.

H2. INCREASE LEVEL OF EFFORT

1. This clause applies separately to each cost-reimbursement level-of-effort contract line item (if any). The contract line item to which this clause applies is referred to below as “the CLIN.”

2. In addition to any other option rights the Government has under this contract, the Government has the right within the contract period to require the Contractor to provide additional man-hours in an amount and at an estimated cost and fixed fee described in this clause. The additional man-hours shall not exceed thirty (30) percent of the level of effort of the CLIN.

3. The Government may require the provision of all or some of the additional man-hours as an increase in the level of effort of the CLIN. Alternatively or additionally, the Government may require the provision of all or some of the additional man-hours under a newly established contract line item with the same work statement as that of the CLIN. If the Government requires an increase in the level of effort of the CLIN, the estimated cost and fixed fee of the CLIN shall be increased as follows:

IEC = (ILOE/LOE) x EC

IFF = (ILOE/LOE) x FF

IEC = The increase in the estimated cost.

ILOE = The increase in the level of effort.

LOE = The level of effort prior to the increase.

EC = The estimated cost prior to the increase.

IFF = The increase in the fixed fee.

FF = The fixed fee prior to the increase.

4. If the Government requires additional man-hours under a newly established contract line item, the estimated cost and fixed fee of such item shall be determined as follows:

NEC = (NLOE/CLOE) x CEC

NFF = (NLOE/CLOE) x CFF

NEC = The estimated cost of the newly established contract line item.

NLOE = The level of effort of the newly established contract line item.

CLOE = The level of effort of the CLIN.

CEC = The estimated cost of the CLIN.

NFF = The fixed fee of the newly established contract line item.

CFF = The fixed fee of the CLIN.

5. The Contracting Officer may exercise the above option one or more times by written notice to the Contractor prior to the end of the affected contract period, provided, however, that each exercise must give the Contractor sufficient time to expend all of the man-hours for that period, including the additional man-hours, by the end of the affected period.

6. To the extent the option is exercised to increase the level of effort of the CLIN, the Contracting Officer shall unilaterally modify the contract to increase the estimated cost and fixed fee of the CLIN and revise the "Level of Effort" clause in accordance with the above paragraphs. To the extent the option is exercised to require the provision of additional man-hours under a newly established contract line item, the Contracting Officer shall unilaterally modify the contract to establish the new contract line item and its estimated cost and fixed fee and revise the “Level of Effort” clause and any other affected part of this contract in accordance with the above paragraphs.

CLAUSES INCORPORATED BY REFERENCE

252.201-9003 LIMITATION OF AUTHORITY (JUN 2009)

No person in the Government, other than a Contracting Officer, has the authority to provide direction to the Contractor, which alters the Contractor’s obligations or changes this contract in any way. If any person representing the Government, other than a Contracting Officer, attempts to alter contract obligations, change the contract specifications/statement of work or tells the contractor to perform some effort which the Contractor believes to be outside the scope of this contract, the Contractor shall immediately notify the Procuring Contracting Officer (PCO). Contractor personnel shall not comply with any order or direction which they believe to be outside the scope of this contract unless the order or direction is issued by a Contracting Officer.

252.203-9000 Use of Senior Mentors (JUNE 2010)

(a) The use of senior mentors by the Defense Threat Reduction Agency (DTRA) enhances the readiness of the Agency across a wide range of strategic, operational, joint, functional, technical, management and development mission areas. The relevant prior service, joint force experience, and unique expertise of these senior consultants provide senior leadership with valuable insights and contribute to the continuous improvement of the Agencies’ operations.

(b) For the purposes of this clause, Senior Mentor is defined as a retired flag, general or other military officers (O-6) or retired senior civilian official (Senior Executive Service (SES), Senior Level (SL), Scientific and Professional (ST)) who provides expert experience-based mentoring, teaching, training, advice, and recommendations to senior military officers, staffs and students as they participate in war games, warfighting courses, operational planning, operational exercises, and decision-making exercises.

(c) In accordance with Secretary of Defense Memorandum entitled “Policy on Senior Mentors” dated April 1, 2010, DTRA will hire all senior mentors as highly qualified experts (HQE) under 5 U.S.C. 9903. This policy balances the need for DTRA to secure the specialized knowledge required for these operational exercises with the need to hire such experts in a manner that promotes public trust and confidence.

(d) The Contractor shall not include the use of senior mentors in bids or proposals for services/supplies offered to DTRA.

(e) The Contractor shall include the substance of this clause in all subcontracts.

(End of Clause)

252.209-9000 ORGANIZATIONAL CONFLICTS OF INTEREST (FEB 2006)

a. Purpose. The primary purpose of this Clause is to aid in ensuring that: (1) the Contractor's objectivity and judgment are not biased because of its past, present, or currently planned interests (financial, contractual, organizational, or otherwise) which relate to work under this Contract, (2) the Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public information regarding the Government's program plans and actual or anticipated resources, and (3) by virtue of its access to proprietary information belonging to others, the Contractor does not obtain any unfair competitive advantage.

b. Scope. The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this Clause as prime contractor, subcontractor, cosponsor, joint venturer, consultant, or in any similar capacity.

(1) Maintenance of Objectivity: The Contractor shall be ineligible to participate in any capacity in contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the Contractor's performance of work under this Contract. Furthermore, unless so directed in writing by the Contracting Officer, the Contractor shall not perform any services under this Contract on any of its own products or services, or the products or services of another firm if the Contractor is, or has been, substantially involved in their development or marketing. In addition, if the Contractor under this Contract prepares a complete, or essentially complete, Statement of Work to be used in competitive acquisitions, the Contractor shall be ineligible to perform or participate in any capacity in any contractual effort which is based on such Statement of Work or specifications. Nothing in this subparagraph shall preclude the Contractor from competing for follow-on contracts.

(2) Access To and Use of Government Information: If the Contractor, in the performance of this Contract, obtains access to information such as plans, policies, reports, studies, financial plans, or data which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the Contracting Officer, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, (b) compete for work based on such information for a period of six (6) months after the completion of this Contract, or until such information is released or otherwise made available to the public, whichever occurs first, (c) submit an unsolicited proposal to the Government which is based on such information until one year after such information is released or otherwise made available to the public, and (d) release such information unless such information has previously been released or otherwise made available to the public by the Government.

(3) Access To and Protection of Proprietary Information: The Contractor agrees that, to the extent it receives or is given access to proprietary data, trade secrets, or other confidential or privileged technical, business, or financial information (hereinafter referred to as "proprietary data") under this Contract, it shall treat such information in accordance with any restrictions imposed on such information. The Contractor further agrees to enter into a written agreement for the protection of the proprietary data of others and to exercise diligent effort to protect such proprietary data from unauthorized use or disclosure. A copy of each such written agreement shall be furnished to the Contracting Officer. In addition, the Contractor shall obtain from each employee who has access to proprietary data under this Contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary data received in connection with the work under this Contract.

c. Subcontracts: The Contractor shall include this Clause, including this paragraph, in consulting agreements and subcontracts of any tier when directed by the Contracting Officer. The terms "contract," "Contractor," and "Contracting Officer" will be appropriately modified to preserve the Government's rights.

d. Representations and Disclosures:

(1) The Contractor represents that it has disclosed to the Contracting Officer, prior to award, all facts relevant to the existence or potential existence of organizational conflict of interests as that term is used in FAR Subpart 9.5.

(2) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract, prompt and full disclosure shall be made in writing to the Contracting Officer which shall include a description of the action the Contractor has taken or proposes to take to avoid or mitigate such conflicts.

e. Remedies and Waiver:

(1) For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed during this contract, the Government may terminate this contract for default, disqualify the Contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the Contractor discovers and promptly reports an organizational conflict of interest (or potential therefore) subsequent to contract award, the Contracting Officer may terminate this contract for convenience if such termination is deemed to be in the best interest of the Government.

(2) The parties recognize that it is impossible to foresee each circumstance to which this clause might be applied in the future and that the clause has effect which will survive the performance of this contract. Accordingly, the Contractor may at any time seek a waiver from the Contracting Officer by submitting a full written description of the requested waiver and the reasons in support thereof. If it is determined to be in the best interests of the Government, the Head of Contracting Activity will grant such a waiver in writing.

f. Modifications: Prior to a contract modification, when the Statement of Work is changed to add new work or the period of performance is significantly increased, the Contracting Officer will request, and the Contractor is required to submit, either an organizational conflict of interest disclosure or an update of the previously submitted disclosure or representation.

g. Termination: The restrictions imposed by paragraph b(1) of this clause will terminate one year after final payment on this contract. Restrictions upon use of government information and the requirement to protect proprietary information are permanent.

252.209-9001 Contractor Compliance with Lautenberg Amendment (MAY 2004)

a. Definitions. As used in this clause –

(1) Firearm means any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; or, any destructive device.

(2) Destructive device means any explosive, incendiary, or poison gas, bomb, grenade, rocket, missile or mine.

(3) Ammunition means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm.

(4) Misdemeanor crime of domestic violence means an offense that is a misdemeanor under US Federal or State law and involves the use of force, or threatened use of force, against certain household members, or former household members, to include, but not limited to: spouses, children, live-in persons similarly situated to a spouse. In addition, any offense committed against a person with whom the perpetrator shares a child is also covered.

(5) Conviction means whereby the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and, the person was entitled to a trial by jury and the case was either tried by a jury or the person knowingly and intelligently waived the right to have the case tried by a jury and was found guilty of an offense.

(6) Covered Position means an employee position or function where the employee may be required to possess, ship, transport, receive or otherwise dispose of firearms or ammunition.

(7) Firearms, destructive devices, and ammunition, as DoD policy defines them, do not include crew served weapons systems (tanks, howitzers, and aircraft) and their finished ammunition.

b. The Lautenberg Amendment (LA), effective September 30, 1996, to the Gun Control Act of 1968 makes it a felony for any person convicted of a misdemeanor crime of domestic violence (18 U.S. C., Section 922(g)(9)), regardless of when the conviction occurred, to possess, ship, transport, receive or otherwise dispose of firearms or ammunition. It is also a felony for anyone to allow a person so convicted to possess, receive or transport firearms or ammunition in the course of their employment.

The LA applies to anyone who possesses, ships, transports, or otherwise disposes of firearms or ammunition. Whole classes of civilian employees are affected, as well as soldiers. For example, mail handlers, ammunition handlers, manufacturing line workers, forklift operators and truck drivers who haul ammunition, as well as those involved in the testing and demilitarization of ammunition, are covered by the LA. Generally, if a contractor’s employee has the ability to put their hands on firearms or ammunition, or otherwise has the ability to control firearms or ammunition, they are considered as possessing them.

c.

It is the contractor’s responsibility to ensure all its employees are in compliance with the LA. To this end, the Contractor will ensure all assigned personnel under this contract who are performing in covered positions are notified as a part of their initial in-processing of the 1996 Domestic Violence Amendment to the Gun Control Act of 1968. Further, the contractor shall advise affected personnel that performance under this contract is contingent upon maintaining a record free of convictions of domestic violence. Initial in-processing shall include notice that personnel have an affirmative, continuing obligation to inform managers and supervisors if they have, or later obtain, a qualifying conviction. Affected employees shall be required to complete on an annual basis a written certification using DD Form 2760, “Qualification to Possess Firearms or Ammunition”. The contractor shall maintain on file a current DD Form 2760 for each affected employee. Any contractor employee in a covered position found to have a conviction of domestic violence shall be replaced within five (5) working days.

252.209-9002 NON-GOVERNMENT SUPPORT PERSONNEL (JAN 2008)

The following companies may have access to contractor information, technical data or computer software that may be marked as proprietary or otherwise marked with restrictive legends: Suntiva Company (prime contract – contract specialist support) and CACI (subcontract – contract specialist support). Each contract contains organizational conflict of interest provisions and/or includes contractual requirements for non-disclosure of proprietary contractor information or data/software marked with restrictive legends. The contractor, by submitting a proposal or entering into this contract, is deemed to have consented to the disclosure of its information to Suntiva Company and CACI under the conditions and limitations described herein.

252.215-9004 KEY PERSONNEL (FEB 2000)

The personnel listed below are considered essential to the work being performed hereunder. Prior to removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this Contract.