DRAFT_HDTRA1-12-R-0011.pdf

CODE

(Hour)

PAGE(S)

until local time

X

A

X B

X C X D

EX

X

G

F 79 - 87

88 - 102

X H 103 - 108

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA

FAR (48 CFR) 53.214(c)

1 108

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

HDTRA1 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 8

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

11 - 12

13 - 17 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 18 - 25 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 26 - 52 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.

is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the price set opposite each item, delivered at the designated point(s), within the time specified in the schedule.

13. DISCOUNT FOR PROMPT PAYMENT

(See Section I, Clause No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

AWARD (To be completed by Government)

19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION

22. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

53 - 77

PART II - CO NTRACT CLAUSES

DEFENSE THREAT REDUCTION AGENCY/ OP-ONAB

6200 MEADE RD

FORT BELVOIR VA 22060

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

12 Jun 2012

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

HDTRA1-12-R-0011

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES MAX

QUANTITY

UNIT UNIT PRICE MAX AMOUNT

0001 UNDEFINED Lot Logistic Services

CPFF

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNIT UNIT PRICE MAX AMOUNT

0002 UNDEFINED Lot

FFP

MAX

NET AMT

UNIT UNIT PRICE MAX AMOUNT

0003 UNDEFINED Lot

CPIF

TARGET COST

TARGET FEE

TOTAL TGT COST + FEE

MINIMUM FEE

MAXIMUM FEE

SHARE RATIO ABOVE TARGET

SHARE RATIO BELOW TARGET

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0004 UNDEFINED

Contract Data Requirements Lists (CDRLS)

UNIT UNIT PRICE MAX AMOUNT

1001 UNDEFINED Lot OPTION Logistic Services

UNIT UNIT PRICE MAX AMOUNT

1002 UNDEFINED Lot

UNIT UNIT PRICE MAX AMOUNT

1003 UNDEFINED Lot

1004 UNDEFINED

OPTION Contract Data Requirements Lists (CDRLS)

UNIT UNIT PRICE MAX AMOUNT

2001 UNDEFINED Lot

UNIT UNIT PRICE MAX AMOUNT

2002 UNDEFINED Lot

UNIT UNIT PRICE MAX AMOUNT

2003 UNDEFINED Lot

2004 UNDEFINED

OPTION Contract Data Requirements Lists (CDRLS)

CONTRACT MINIMUM/MAXIMUM QUANTITY

The minimum quantity and order value for the contract shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the contract shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$500,000.00 $90,000,000.00

Section C - Descriptions and Specifications

STATEMENT OF OBJECTIVE

See Statement of Objective, Section J, Attachment 1.

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:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 N/A N/A N/A Government

0002 N/A N/A N/A Government

0003 N/A N/A N/A Government

0004 N/A N/A N/A Government

1001 N/A N/A N/A Government

1002 N/A N/A N/A Government

1003 N/A N/A N/A Government

1004 N/A N/A N/A Government

2001 N/A N/A N/A Government

2002 N/A N/A N/A Government

2003 N/A N/A N/A Government

2004 N/A N/A N/A Government

CLAUSES INCORPORATED BY REFERENCE

52.246-2 Inspection Of Supplies--Fixed Price AUG 1996

52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001

52.246-4 Inspection Of Services--Fixed Price AUG 1996

52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

52.246-14 Inspection of Transportation APR 1984

52.246-15 Certificate of Conformance APR 1984

52.246-16 Responsibility For Supplies APR 1984

252.246-7000 Material Inspection And Receiving Report MAR 2008

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-[Fill-in as applicable], inspection and acceptance for all work performed at any and all times under this contract shall be the responsibility of the:

__X__ 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.

_____ Administrative Contracting Officer (ACO). The WAWF Acceptor DoDAAC can be found in the “Administered By” block on page 1 of the contract.

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

(End of Clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

TO BE FILLED IN AT TASK ORDER LEVEL

52.242-15 Stop-Work Order AUG 1989

52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984

52.247-34 F.O.B. Destination NOV 1991

52.247-35 F.O.B. Destination, Within Consignee's Premises APR 1984

52.247-55 F.O.B. Point For Delivery Of Government-Furnished Property JUN 2003

52.247-58 Loading, Blocking, And Bracing Of Freight Car Shipment APR 1984

52.247-65 F.O.B. Origin, Prepaid Freight--Small Package Shipments JAN 1991

52.247-33 F.O.B. ORIGIN, WITH DIFFERENTIALS (FEB 2006)

(a) The term "f.o.b. origin, with differentials," as used in this clause, means--

(1) Free of expense to the Government delivered--

(i) On board the indicated type of conveyance of the carrier (or of the Government, if specified) at a designated point in the city, county, and State from which the shipments will be made and from which line-haul transportation service

(as distinguished from switching, local drayage, or other terminal service) will begin;

(ii) To, and placed on, the carrier's wharf (at shipside, within reach of the ship's loading tackle, when the shipping point is within a port area having water transportation service) or the carrier's freight station;

(iii) To a U.S. Postal Service facility; or

(iv) If stated in the solicitation, to any Government-designated point located within the same city or commercial zone as the f.o.b. origin point specified in the contract (the Federal Motor Carrier Safety Administration prescribes commercial zones at Subpart B of 49 CFR part 372); and

(2) Differentials for mode of transportation, type of vehicle, or place of delivery as indicated in Contractor's offer may be added to the contract price.

(b) The Contractor shall--

(1)(i) Pack and mark the shipment to comply with contract specification; or

(ii) In the absence of specifications, prepare the shipment in conformance with carrier requirements to protect the goods and to ensure assessment of the lowest applicable transportation charge;

(2)(i) Order specified carrier equipment when requested by the Government; or

(ii) If not specified, order appropriate carrier equipment not in excess of capacity to accommodate shipment;

(3) Deliver the shipment in good order and condition to the carrier, and load, stow, trim, block, and/or brace carload or truckload shipment (when loaded by the Contractor) on or in the carrier's conveyance as required by carrier rules and regulations;

(4) Be responsible for any loss of and/or damage to the goods--

(i) Occurring before delivery to the carrier;

(ii) Resulting from improper packing and marking; or

(iii) Resulting from improper loading, stowing, trimming, blocking, and/or bracing of the shipment, if loaded by the

Contractor on or in the carrier's conveyance;

(5) Complete the Government bill of lading supplied by the ordering agency or, when a Government bill of lading is not supplied, prepare a commercial bill of lading or other transportation receipt. The bill of lading shall show--

(i) A description of the shipment in terms of the governing freight classification or tariff (or Government rate tender) under which lowest freight rates are applicable;

(ii) The seals affixed to the conveyance with their serial numbers or other identification;

(iii) Lengths and capacities of cars or trucks ordered and furnished;

(iv) Other pertinent information required to effect prompt delivery to the consignee, including name, delivery address, postal address and ZIP code of consignee, routing, etc.;

(v) Special instructions or annotations requested by the ordering agency for bills of lading; e.g., ``This shipment is the property of, and the freight charges paid to the carrier will be reimbursed by, the Government''; and

vi) The signature of the carrier's agent and the date the shipment is received by the carrier; and

(6) Distribute the copies of the bill of lading, or other transportation receipts, as directed by the ordering agency.

(c)(1) It may be advantageous to the offeror to submit f.o.b. origin prices that include only the lowest cost to the

Contractor for loading of shipment at the Contractor's plant or most favorable shipping point. The cost beyond that plant or point of bringing the supplies to the place of delivery and the cost of loading, blocking, and bracing on the type vehicle specified by the Government at the time of shipment may exceed the offeror's lowest cost when the offeror ships for the offeror's account. Accordingly, the offeror may indicate differentials that may be added to the offered price. These differentials shall be expressed as a rate in cents for each 100 pounds (CWT) of the supplies for one or more of the options under this clause that the Government may specify at the time of shipment.

(2) These differential(s) will be considered in the evaluation of offers to determine the lowest overall cost to the

Government. If, at the time of shipment, the Government specifies a mode of transportation, type of vehicle, or place of delivery for which the offeror has set forth a differential, the Contractor shall include the total of such differential costs (the applicable differential multiplied by the actual weight) as a separate reimbursable item on the

Contractor's invoice for the supplies.

(3) The Government shall have the option of performing or arranging at its own expense any transportation from

Contractor's shipping plant or point to carrier's facility at the time of shipment and, whenever this option is exercised, the Government shall make no reimbursement based on a quoted differential.

(4) Offeror's differentials in cents for each 100 pounds for optional mode of transportation, types of vehicle, transportation within a mode, or place of delivery, specified by the Government at the time of shipment and not included in the f.o.b. origin price indicated in the Schedule by the offeror, are as follows:

(carload, truckload, less-load,.wharf, flatcar, driveaway, etc.)

(End of clause)

52.247-57 TRANSPORTATION TRANSIT PRIVILEGE CREDITS (APR 1984)

(a) If the offeror has established with regulated common carriers transit privileges that can be applied to the supplies when shipped from the original source, the offeror is invited to propose to use these credits for shipping the supplies to the designated Government destinations. The offeror will ship these supplies under commercial bills of lading, paying all remaining transportation charges connected with the shipment, subject to reimbursement by the

Government in an amount equal to the remaining charges but not exceeding the amount quoted by the offeror.

(b) After loading on the carrier's equipment and acceptance by the carrier, these shipments under paid commercial bills of lading will move for the account of and at the risk of the Government (unless, pursuant to the Changes clause, the office administering the contract directs use of Government bills of lading).

(c) The amount quoted below by the offeror represents the transportation costs in cents per 100 pounds (freight rate) for full carload/truckload shipments of the supplies from offeror's original source, via offeror's transit plant or point, to the Government destination(s) including the carrier's transit privilege charge, less the applicable transit credit (i.e., the amount (rate) initially paid to the carrier for shipment from original source to offeror's transit plant or point).

(d) The rate per CWT quoted will be used by the Government to evaluate the offered f.o.b. origin price unless a lower rate is applicable on the date of bid opening (or closing date specified for receipt of offers). To have the offer evaluated on this basis, the offeror must insert below the remaining transportation charges that the offeror agrees to pay, including any transit charges, subject to reimbursement by the Government, as explained in this clause, to destinations listed in the Schedule as follows:

RATE PER CWT IN CENTS _____________

TO DESTINATION _________________

52.247-60 GUARANTEED SHIPPING CHARACTERISTICS (DEC 1989)

(a) The offeror is requested to complete subparagraph (a)(1) of this clause, for each part or component which is packed or packaged separately. This information will be used to determine transportation costs for evaluation purposes. If the offeror does not furnish sufficient data in subparagraph (a)(1) of this clause, to permit determination by the Government of the item shipping costs, evaluation will be based on the shipping characteristics submitted by the offeror whose offer produces the highest transportation costs or in the absence thereof, by the Contracting

Officer's best estimate of the actual transportation costs. If the item shipping costs, based on the actual shipping characteristics, exceed the item shipping costs used for evaluation purposes, the Contractor agrees that the contract price shall be reduced by an amount equal to the difference between the transportation costs actually incurred, and the costs which would have been incurred if the evaluated shipping characteristics had been accurate.

(1) To be completed by the offeror:

(i) Type of container: Wood Box ___, Fiber Box ___, Barrel ___, Reel ___, Drum ___, Other (Specify)_________

(ii) Shipping configuration: Knocked-down ___, Set-up ___, Nested ___, Other (specify) _________

(iii) Size of container: _________(Length), x _________(Width), x _________(Height) = _________ Cubic FT;

(iv) Number of items per container _________ Each;

(v) Gross weight of container and contents _________ LBS

(vi) Palletized/skidded _________ Yes _________ No;

(vii) Number of containers per pallet/skid _________;

(viii) Weight of empty pallet bottom/skid and sides _________ LBS;

(ix) Size of pallet/skid and contents _________ LBS

Cube _________;

(x) Number of containers or pallets/skids per rail car _________

Size of rail car _________

Type of rail car _________

(xi) Number of containers or pallets/skids per trailer _________

Size of trailer _________ FT

Type of trailer _________

*Number of complete units (contract line item) to be shipped in carrier's equipment.

(2) To be completed by the Government after evaluation but before contract award:

(i) Rate used in evaluation _________;

(ii) Tender/Tariff _________;

(iii) Item _________;

(b) The guaranteed shipping characteristics requested in subparagraph (a)(1) of this clause do not establish actual transportation requirements, which are specified elsewhere in this solicitation. The guaranteed shipping characteristics will be used only for the purpose of evaluating offers and establishing any liability of the successful offeror for increased transportation costs resulting from actual shipping characteristics which differ from those used for evaluation in accordance with paragraph (a) of this clause.

52.247-62 SPECIFIC QUANTITIES UNKNOWN (APR 1984)

(a) For the purpose of evaluating "f.o.b. destination" offers, the Government estimates that the quantity specified will be shipped to the destinations indicated:

Estimated quantity Destination

(b) If the quantity shipped to each destination varies from the quantity estimated, and if the variation results in a change in the transportation costs, appropriate adjustment shall be made.

Section G - Contract Administration Data

252.204-7002 Payment For Subline Items Not Separately Priced DEC 1991

252.204-7006 Billing Instructions OCT 2005

252.201-9000 PROJECT MANAGER (MAY 2007)

The Project Manager for this requirement is:

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

252.201-9001 CONTRACTING OFFICE POINT OF CONTACT (POC) (Dec 2007)

The POC in the Procuring Contracting Office for this contract action is James Rumingan, Contract Specialist, DTRA-J42, telephone number (703) 767-2993, email address james.rumingan@dtra.mil.

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

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

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.

252.204-9002 PAYMENT INSTRUCTIONS FOR MULTIPLE ACCOUNTING

CLASSIFICATION CITATIONS (MAY 2012)

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

_____ (1) Line item specific: single funding.

252.204-0001 Line Item Specific: Single Funding. (SEP 2009)

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.

252.204-0002 Line Item Specific: Sequential ACRN Order. (SEP 2009)

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.

252.204-0003 Line Item Specific: Contracting Officer Specified ACRN Order. (SEP 2009)

If there is more than one ACRN within a contract line item, The payment office shall make payment within the line item in the sequence ACRN order specified below, exhausting all funds in the previous ACRN before paying from the next ACRN.

Line Item ACRN Order

_____ (4) Line item specific: by fiscal year.

252.204-0004 Line Item Specific: by Fiscal Year. (SEP 2009)

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.

252.204-0005 Line Item Specific: by Cancellation Date. (SEP 2009) 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.

252.204-0006 Line Item Specific: Proration. (SEP 2009) from each ACRN in the same proportion as the amount of funding currently unliquidated for each

ACRN.

______ (7) Contract-wide: sequential ACRN order.

252.204-0007 Contract-wide: Sequential ACRN Order. (SEP 2009)

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

252.204-0008 Contract-wide: Contracting Officer Specified ACRN Order. (SEP 2009)

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.

ACRN Order

_____ (9) Contract-wide: by fiscal year.

252.204-0009 Contract-wide: by Fiscal Year. (SEP 2009)

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.

252.204-0010 Contract-wide: by Cancellation Date. (SEP 2009)

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.

252.204-0011 Contract-wide: Proration. (SEP 2009)

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.

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

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

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:

CLIN EST. COST FIXED FEE TOTAL

TO BE DETERMINED AT CONTRACT AWARD ON TASK ORDER LEVEL

252.232-9002 ACCOUNTING AND APPROPRIATION DATA

CLIN ACRN ACCOUNTING AND APPROPRIATION DATA AMOUNT

To be filled in at time of award TOTAL $

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

INSTRUCTIONS (November 2011)

(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 Additional Email

Notifications link upon every 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 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 mailto:wawfhelp@dtra.mil http://www.dcaa.mil/

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:

Description

SF 26 SF 33 SF 1449 DD 1155

Located in Block/Section

Contract Number 2 2 2 1

Delivery Order See Individual Order 4 2

CAGE Code 7 15a 17a 9

Pay DoDAAC 12 25 18a 15

Inspection Section E (except SF 1449, See Entitled):

INSPECTION AND ACCEPTANCE

Acceptance Section E (except SF 1449, See Entitled):

INSPECTION AND ACCEPTANCE

Issue Date 3 5 3 3

Issue By DoDAAC 5 7 9 6

Admin DoDAAC 6 24 16 7

Ship To / Service

Acceptor DoDAAC 6 24 16 7

Ship to Extension Do Not Fill In

Services or Supplies Based on majority of requirement as determined by monetary value

Final Invoice?

Do not change “N” (no) to “Y” (yes) unless this is the last invoice and the contract is ready for closeout.

(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 Additional 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 Additional

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 the practice site at https://wawftraining.eb.mil. General DFAS information may be accessed using the

DFAS website at http://www.dfas.mil/. Payment status information may be accessed using the myInvoice system at https://myinvoice.csd.disa.mil. Your contract number and shipment/invoice number will be required to check status of your payment.

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

mailto:finalcostvouchers@dtra.mil https://wawftraining.eb.mil/ http://www.dfas.mil/ mailto:wawfvendorpay@dtra.mil

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.

Section H - Special Contract Requirements

H.1 OPTION TO ILOE

H1. Option to 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 a quantity and at an estimated cost and fixed fee described in this clause. The additional man-hours shall not exceed twenty (20) 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 this option clause 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.

H.2

H.2 RIGHTS IN PWS/QASP SUBMISSION

Upon award of the contract, the Contractor agrees to provide the Government unlimited rights as defined by DFARS

252.227-7013 in the proposed PWS and QASP. In addition, the PWS and QASP shall be incorporated unredacted into the body of the awarded task order. This section also applies to all modifications that may be made to the Initial

Task Order PWS and QASP, as well as to PWSs and QASPs for future Task Orders issued under this IDIQ, and all modifications made to PWSs and QASPs for future Task Orders.

252.247-7024 Notification Of Transportation Of Supplies By Sea MAR 2000

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 Prohibition on the 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.

252.203-9004 ETIOLOGIC AGENTS—BIOLOGICAL DEFENSE RESEARCH PROGRAM (FEB 2008)

a. For purpose of this contract etiologic agent--biological defense program is defined as: any viable microorganism, or its toxin which causes or may cause human disease, including those agents listed in 42

CFR 73, 9 CFR 121, and 7 CFR 331, of the Department of Health and Human Services and Department of

Agriculture regulations, respectively, and any agent of biological origin that poses a degree of hazard to those agents and is further identified by the US Army. The contractor shall comply with the following when working with etiologic agents:

(1) 29 Code of Federal Regulations 1910, Occupational Health and Safety;

(2) US Department of Health and Human Services (DHHS) and US Department of Agriculture, Select

Agent Program(s), 42 CFR 73, 9 CFR 121, and 7 CFR 331; and

(3) DHHS Publication No. 93-8395, Biosafety in Microbiological and Biomedical Laboratories, latest edition.

b. Etiologic agents shall be packaged, labeled, shipped, and transported in accordance with applicable Federal, State, and local laws and regulations, to include:

(1) 42 CFR 72 (Interstate Shipment of Etiologic Agents);

(2) 49 CFR 172 and 173 (Department of Transportation);

(3) 9 CFR 122 (USDA Restricted Animal Pathogens);

(4) International Air Transport Association Dangerous Goods Regulations;

(5) The United States Postal Service shall not be used for transportation of BDRP related etiologic agents; and

(6) If performance is outside of the United States, any additional procedures required by the nation where the work is to be performed.

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.

252.209-9000 ORGANIZATIONAL CONFLICTS OF INTEREST (FEB 2011)

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 and Government information (defined in subparagraph b(2)) 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. 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.

h. If an OCI mitigation plan is incorporated into the contract, the detailed implementation of the requirements of this clause is in the Contractor’s OCI mitigation plan attached to this contract.

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…