E01.02_W912HQ23C0068.pdf

AWARD/CONTRACT

2. CONTRACT

RATING PAGE OF PAGES

3. EFFECTIVE DATE

(Proc. Inst. Ident.)

W912HQ23C0068 07 Aug 2023

5. ISSUED BY CODE 6. ADMINISTERED BY (If other than Item 5) CODE

NO. 4. REQUISITION/PURCHASE REQUEST/PROJECT NO.

W74RDV22525095

USACE HUMPHREYS ENGR CTR SPT ACTIVITY

ATTN: CEHEC-CT,

7701 TELEGRAPH ROAD

ALEXANDRIA VA 22315-3860

7. NAME AND ADDRESS OF CONTRACTOR (No., street, city, county, state and zip code)

JACOBS ENGINEERING GROUP INC.

1100 N GLEBE RD STE 500

ARLINGTON VA 22201-5785

CODE

11. SHIP TO/MARK FOR

4N4A8

SERDP PROGRAM OFFICE

PROGRAM MANAGER

4800 MARK CENTER DRIVE, SUITE 16F16

ALEXANDRIA VA 22350-3600

CODE

FACILITY CODE

W74RDV

13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN

COMPETITION:

[ ] 10 U.S.C. 2304(c)( )

15A. ITEM NO.

[ ] 41 U.S.C. 253(c)( )

15B. SUPPLIES/ SERVICES

SEE SCHEDULE

(X)

PART I - THE SCHEDULE

SEC. DESCRIPTION

16. TABLE OF CONTENTS

PAGE(S)

X X

A SOLICITATION/ CONTRACT FORM 1

B C

SUPPLIES OR SERVICES AND PRICES/ COSTS

DESCRIPTION/ SPECS./ WORK STATEMENT

2 - 4

X D E

PACKAGING AND MARKING

X F

INSPECTION AND ACCEPTANCE

X G

DELIVERIES OR PERFORMANCE

CONTRACT ADMINISTRATION DATA

6 - 7

X H SPECIAL CONTRACT REQUIREMENTS

8 - 9

17. [ ] CONTRACTOR'S NEGOTIATED AGREEMENT X

CONTRACTING OFFICER WILL COMPLETE ITEM 17 (SEALED-BID OR NEGOTIATED PROCUREMENT) OR 18 (SEALED-BID PROCUREMENT) AS APPLICABLE document and return copies to issuing office.)1 Contractor is required to sign this items or perform all the services set forth or otherwise identified above and on any continuation Contractor agrees to furnish and deliver all sheets for the consideration stated herein. The rights and obligations of the parties to this contract shall be subject to and governed by the following documents: (a) this award/contract,

(b) the solicitation, if any , and (c) such provisions, representations, certifications, and specifications, as are attached or incorporated by reference herein.

(Attachments are listed herein.)

19A. NAME AND TITLE OF SIGNER (Type or print)

19B. NAME OF CONTRACTOR 19C. DATE SIGNED

BY

(Signature of person authorized to sign)

Previous edition is NOT usable

See Item 5

8. DELIVERY

[ ] FOB ORIGIN [ ] OTHER X (See below)

9. DISCOUNT FOR PROMPT PAYMENT

Net 30 Day s

10. SUBMIT INVOICES ITEM

TO THE ADDRESS

SHOWN IN:

(4 copies unless otherwise specified)

12. PAYMENT WILL BE MADE BY

USA CORP ENG FINANCE CTR 40042

5722 INTEGRITY DRIVE

MILLINGTON TN 38054-5005

CODE W916TX

14. ACCOUNTING AND APPROPRIATION DATA

See Schedule

15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT

15G. TOTAL AMOUNT OF CONTRACT $548,719.00

(X)

PART II - CONTRACT CLAUSES

SEC. DESCRIPTION PAGE(S)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH.

X I CONTRACT CLAUSES 11 - 15

X

PART IV - REPRESENTATIONS AND INSTRUCTIONS

J LIST OF ATTACHMENTS 16

K

L

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

INSTRS., CONDS., AND NOTICES TO OFFERORS

M EVALUATION FACTORS FOR AWARD

18. [ ] SEALED-BID AWARD (Contractor is not required to sign this document.)

20A. NAME OF CONTRACTING OFFICER

SHANNON N BENSON / ADDED BY UPASS

TEL: (703)428-7407 EMAIL: Shannon.N.Benson@usace.army.mil

20B. UNITED STATES OF AMERICA

BY

(Signature of Contracting Officer)

20C. DATE SIGNED

07-Aug-2023

W912HQ

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

AUTHORIZED FOR LOCAL REPRODUCTION

Prescribed by GSA – FAR (48 CFR) 53.214(a)

STANDARD FORM 26 (REV. 5/2011)

document is necessary. (Block 18 should be checked only when awarding a sealed-bid contract.)

following documents: (a) the Government's solicitation and your bid, and (b) this award/contract. No further contractual to the terms listed above and on any continuation sheets. This award consummates the contract which consists of the including the additions or changes made by you which additions or changes are set forth in full above, is hereby accepted as

Your bid on Solicitation Number

W912HQ23C0068

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 1 Project $519,219.00 $519,219.00

SERDP ER21-3574

FFP

The Contractor, Jacobs , shall furnish all management, facilities, supplies, personnel, and equipment and do all things necessary for the performance of the work required in response to a Statement of Need in BAA W912HQ21S0004, Program Area: ER-21-SO: PFAS in Higher Trophic Level Bird Eggs Invite, under their Proposal: “Evaluation of PFAS in Higher Trophic Level Bird Eggs.” The Initial Proposal is dated 17 December 2021 and the respective revision is: Revision 1 dated 24 June 2022 and final Revision dated 17 July 2023., FOB: Destination

MILSTRIP: W74RDV22525095

PURCHASE REQUEST NUMBER: W74RDV22525095

PSC CD: AJ12

NET AMT $519,219.00

000101 $0.00

FOR FUNDING PURPOSE ONLY

FFP

NET AMT $0.00

ACRN AA

CIN: W74RDV22525095000101

$165,984.00

0002 1 Project $29,500.00 NTE

TRAVEL

COST

TRAVEL SHALL BE REIMBURSED AT ACTUAL DIRECT COST IN

ACCORDANCE WITH THE LIMITATIONS SET FORTH IN FAR 31.205-46

(COMMERCIAL ORGANIZATIONS). THIS IS A NON-FEE BEARING COST

CLIN. IT IS A NOT-TO-EXCEED (NTE) AMOUNT THAT REQUIRES

APPROVAL PRIOR TO TRAVEL. ALL INVOICES FOR TRAVEL SHALL

BE ACCOMPANIED BY SUPPORTING RECEIPTS.

FOB: Destination

ESTIMATED COST $29,500.00

000201 $0.00

FOR FUNDING PURPOSE ONLY

FFP

NET AMT $0.00

ACRN AA

CIN: W74RDV22525095000201

$29,500.00

0003 1 Project NSP

DD1423 CDRLS

FFP

Data is as specified in Exhibit A, Contract Data Requirements List, DD Form 1423. This CLIN is not separately priced. The cost for this CLIN has been included in CLIN 0001.

FOB: Destination

NET AMT

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 Destination Government Destination Government 000101 N/A N/A N/A N/A 0002 Destination Government Destination Government 000201 N/A N/A N/A N/A 0003 Destination Government Destination Government

CLAUSES INCORPORATED BY FULL TEXT

52.246-9 INSPECTION OF RESEARCH AND DEVELOPMENT (SHORT FORM) (APR 1984)

The Government has the right to inspect and evaluate the work performed or being performed under the contract, and the premises where the work is being performed, at all reasonable times and in a manner that will not unduly delay the work. If the Government performs inspection or evaluation on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(End of clause)

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 07-AUG-2023 TO

06-FEB-2027

N/A SERDP PROGRAM OFFICE

PROGRAM MANAGER

4800 MARK CENTER DRIVE, SUITE 16F16

ALEXANDRIA VA 22350-3600

571-372-6400 FOB: Destination

W74RDV

000101 N/A N/A N/A N/A

0002 POP 07-AUG-2023 TO

06-FEB-2027

N/A SERDP PROGRAM OFFICE

PROGRAM MANAGER

4800 MARK CENTER DRIVE, SUITE 16F16

ALEXANDRIA VA 22350-3600

571-372-6400

000201 N/A N/A N/A N/A

0003 POP 07-AUG-2023 TO

06-FEB-2027

N/A SERDP PROGRAM OFFICE

PROGRAM MANAGER

4800 MARK CENTER DRIVE, SUITE 16F16

ALEXANDRIA VA 22350-3600

571-372-6400

52.242-15 STOP-WORK ORDER (AUG 1989)

(a) The Contracting Officer may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to the Contractor, and for any further period to which the parties may agree. The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, the Contracting Officer shall either--

(1) Cancel the stop-work order; or

(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.

(b) If a stop-work order issued under this clause is canceled or the period of the order or any extension thereof expires, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--

(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and

(2) The Contractor asserts its right to the adjustment within 30 days after the end of the period of work stoppage;

provided, that, if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon the claim submitted at any time before final payment under this contract.

(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.

(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.

Section G - Contract Administration Data

SECTION G CLAUSES

G001 CONTRACTING OFFICER AUTHORITY

Only a warranted Contracting Officer (either a Procuring Contracting Officer (PCO) or an Administrative Contracting Officer (ACO)), acting within their delegated limits, has the authority to issue modifications or otherwise change the terms and conditions of this contract. If an individual other than the Contracting Officer attempts to make changes to the terms and conditions of this contract you shall not proceed with the change and shall immediately notify the Contracting Officer.

G002 PAYMENT SCHEDULE AND INVOICE SUBMISSION

The Contractor shall submit invoices pertaining to this contract action via e-mail.

The subject line shall include the contract number, project number, if known, and an invoice number.

CEFC-S0invoices@usace.army.mil

Additionally, the Contracting Officer’s Representative (COR) and SERDP/ESTCP Program Office shall be copied on all invoice submissions.

The COR’s email is provided in separate correspondence.

The SERDP/ESTCP Program Office email for invoices osd.mc-alex.ousd-atl.mbx.serdp-estcp-invoices@mail.mil The final invoice should be marked as such. If more than 30 days have passed since the invoice was submitted. Questions regarding status of payment should be directed to the USACE Finance Center at:

CEFC-Payments@usace.army.mil

Instructions for Final Invoices

1. Cost Contracts: The final invoice (public voucher) must be submitted directly to the Contracting Officer and is subject to review and acceptance the Program Manager and requires approval by the Contracting Officer prior to final payment being released.

- Universities: Final payments will be approved once the Contracting Officer verifies the cumulative amount invoiced matches the contract price. If the amount invoiced does not match the final contract price a modification to de-obligate unused funds may be necessary prior to paying the final invoice (public voucher).

- Businesses: The final invoice will not be approved for payment until after the Program Manager accepts all deliverables prior to payment, and the invoice is reviewed and approved by the Contracting Officer. Final payment will not be approved until the Contracting Officer receives an audit or receives a low-risk memorandum from DCAA or another cognizant Government authority.

In accordance with FAR 42.705: All final Indirect Cost rates are subject to review and approval by the Contracting Officer. Once the audit or low-risk memorandum is received, the Contracting Officer will verify the final invoice cumulative amounts matches the final contract price and complete a modification to de-obligate unused funds if necessary prior to approving payment for the final invoice.

Summary: For cost contracts, final Public Voucher's must always be reviewed/approved by a KO, and the P.M. must be involved - i.e. acceptance.

2. Firm Fixed-Price Contracts: The final invoice must be submitted directly to the Contracting

Officer and is subject to review and acceptance the Program Manager and requires approval by the Contracting Officer prior to payment being released.

- Final invoice that match the contract price: once the Program Manager accepts the final deliverables, the Contracting Officer will approve the final invoice for payment.

- Final invoices that do not match the contract price: once the Program Manager accepts the final deliverables, the invoice is subject to review and approval by the Contracting Officer. A modification to de-obligate unused funds may be necessary prior to paying the final invoice.

Summary: For firm-fixed-price contracts: All final invoices for FFP contracts could go to CT for KO review; however, anytime the invoice total does NOT match the contract price, CT needs the final invoice so that a de-obligation modification can be started, and a KO can approve the invoice.

ACCOUNTING AND APPROPRIATION DATA

AA: 97204001101 088000 255YJ123260603716D8Z0 NA 44213

AMOUNT: $195,484.00

ACRN CLIN/SLIN CIN AMOUNT

AA 000101 W74RDV22525095000101 $165,984.00

000201 W74RDV22525095000201 $29,500.00

252.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (DEC 1991)

(a) "Definition. Contracting officer's representative" means an individual designated in accordance with subsection 201.602-2 of the Defense Federal Acquisition Regulation Supplement and authorized in writing by the contracting officer to perform specific technical or administrative functions.

(b) If the Contracting Officer designates a contracting officer's representative (COR), the Contractor will receive a copy of the written designation. It will specify the extent of the COR's authority to act on behalf of the contracting officer. The COR is not authorized to make any commitments or changes that will affect price, quality, quantity, delivery, or any other term or condition of the contract.

Section H - Special Contract Requirements

SECTION H CLAUSES

H002 GOVERNMENT RESERVED RIGHTS

The Government reserves the right to approve contractor recommended changes in technical personnel during the life of the contract.

H008 TRAVEL COSTS

Travel will be reimbursed at actual direct cost in accordance with the limitations set forth in FAR 31.205- 46 (Commercial Organizations), FAR 31.3 (Educational Institutions), or FAR 31.7 (Nonprofit Organizations). The appropriate Government Official, Quality Assurance Personnel or Contracting Officer shall approve travel. All invoices for travel shall be accompanied by supporting receipts

H010 REVIEW FOR CONTRACTORS RELEASE OF TECHNICAL REPORTS

The Contractor shall be free to use the results of the subject research for its own teaching, research, educational, clinical, and publication purposes. The Contractor shall not release any reports with the SERDP or ESTCP logo, in any form (interim, draft, and final reports), to any person or agency, including those within the Department of the Army, without the prior written approval of the SERDP/ESTCP program office.

All publications and deliverable reports prepared by the contractor under this contract shall conspicuously display the following disclaimer:

VIEWS, OPINIONS, AND/OR FINDINGS CONTAINED IN THIS REPORT ARE THOSE OF THE

AUTHOR(S) AND SHOULD NOT BE CONSTRUED AS AN OFFICIAL DEPARTMENT OF DEFENSE

POSITION OR DECISION UNLESS SO DESIGNATED BY OTHER OFFICIAL DOCUMENTATION.

H012 TECHNICAL DATA - WITHHOLDING OF PAYMENT

In accordance with DFARS 252.227-7030, entitled “Technical Data – Withholding of Payment”, the Government may withhold payment to the Contractor of ten percent (10%) unless a lesser withholding amount is specified in the contract. As such, the Government reserves the right to withhold $25,000.00 or 10% of the contract value, whichever is the smaller amount, pending receipt and acceptance of all required deliverables.

Section I - Contract Clauses

SECTION I CLAUSES

HAZARDOUS WASTE DISPOSAL

The Contractor shall handle all PFAS-impacted materials received from military installations for research purposes as hazardous waste during and upon completion of the studies. The Contractor shall dispose of all PFAS-impacted materials received from military installations for research purposes as hazardous waste during and upon completion of the studies.

CLAUSES INCORPORATED BY REFERENCE

52.202-1 Definitions JUN 2020 52.203-3 Gratuities APR 1984 52.203-5 Covenant Against Contingent Fees MAY 2014 52.203-6 Restrictions On Subcontractor Sales To The Government JUN 2020 52.203-7 Anti-Kickback Procedures JUN 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

MAY 2014

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity MAY 2014 52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

JUN 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

JUN 2020

52.204-19 Incorporation by Reference of Representations and Certifications.

DEC 2014

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities

NOV 2021

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

NOV 2021

52.204-27 Prohibition on a ByteDance Covered Application JUN 2023 52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-10 Prohibition on Contracting With Inverted Domestic Corporations

NOV 2015

52.215-2 Audit and Records--Negotiation JUN 2020 52.215-8 Order of Precedence--Uniform Contract Format OCT 1997 52.215-14 Integrity of Unit Prices NOV 2021 52.216-7 Allowable Cost And Payment AUG 2018 52.219-4 Notice of Price Evaluation Preference for HUBZone Small

Business Concerns

OCT 2022

52.219-8 Utilization of Small Business Concerns OCT 2022 52.219-28 Post-Award Small Business Program Rerepresentation MAR 2023 52.222-3 Convict Labor JUN 2003

52.222-21 Prohibition Of Segregated Facilities APR 2015 52.222-26 Equal Opportunity SEP 2016 52.222-35 Equal Opportunity for Veterans JUN 2020 52.222-36 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-40 Notification of Employee Rights Under the National Labor

Relations Act

DEC 2010

52.222-50 Combating Trafficking in Persons NOV 2021 52.222-54 Employment Eligibility Verification MAY 2022 52.223-6 Drug-Free Workplace MAY 2001 52.223-18 Encouraging Contractor Policies To Ban Text Messaging

While Driving

JUN 2020

52.225-13 Restrictions on Certain Foreign Purchases FEB 2021 52.227-1 Alt I Authorization And Consent (JUN 2020) - Alternate I APR 1984 52.227-2 Notice And Assistance Regarding Patent And Copyright

Infringement

JUN 2020

52.227-16 Additional Data Requirements JUN 1987 52.229-3 Federal, State And Local Taxes FEB 2013 52.232-2 Payments Under Fixed-Price Research And Development

Contracts

APR 1984

52.232-8 Discounts For Prompt Payment FEB 2002 52.232-9 Limitation On Withholding Of Payments APR 1984 52.232-11 Extras APR 1984 52.232-17 Interest MAY 2014 52.232-23 Assignment Of Claims MAY 2014 52.232-25 Prompt Payment JAN 2017 52.232-33 Payment by Electronic Funds Transfer--System for Award

Management

OCT 2018

52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

52.233-1 Disputes MAY 2014 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 52.242-13 Bankruptcy JUL 1995 52.243-1 Alt V Changes--Fixed-Price (Aug 1987) - Alternate V APR 1984 52.243-6 Change Order Accounting APR 1984 52.244-6 Subcontracts for Commercial Products and Commercial

Services

JUN 2023

52.245-1 Government Property SEP 2021 52.245-9 Use And Charges APR 2012 52.246-16 Responsibility For Supplies APR 1984 52.246-25 Limitation Of Liability--Services FEB 1997 52.249-2 Termination For Convenience Of The Government (Fixed-

Price)

APR 2012

52.249-9 Default (Fixed-Priced Research And Development) APR 1984 52.249-14 Excusable Delays APR 1984 52.251-1 Government Supply Sources APR 2012 52.253-1 Computer Generated Forms JAN 1991 252.203-7000 Requirements Relating to Compensation of Former DoD

Officials

SEP 2011

252.203-7001 Prohibition On Persons Convicted of Fraud or Other Defense- Contract-Related Felonies

JAN 2023

252.203-7002 Requirement to Inform Employees of Whistleblower Rights DEC 2022 252.204-7003 Control Of Government Personnel Work Product APR 1992

252.204-7006 Billing Instructions--Cost Vouchers MAY 2023 252.204-7012 Safeguarding Covered Defense Information and Cyber

Incident Reporting

JAN 2023

252.204-7015 Notice of Authorized Disclosure of Information for Litigation Support

JAN 2023

252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services

JAN 2023

252.204-7020 NIST SP 800-171 DoD Assessment Requirements JAN 2023 252.209-7004 Subcontracting With Firms That Are Owned or Controlled By

The Government of a Country that is a State Sponsor of Terrorism

MAY 2019

252.211-7007 Reporting of Government-Furnished Property MAR 2022 252.225-7012 Preference For Certain Domestic Commodities APR 2022 252.225-7048 Export-Controlled Items JUN 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro

Regime

JAN 2023

252.225-7972 (Dev) Prohibition on the Procurement of Foreign-Made Unmanned Aircraft Systems (DEVIATION 2020-O0015)

MAY 2020

252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns

JAN 2023

252.227-7013 Rights in Technical Data--Other Than Commercial Products and Commercial Services

MAR 2023

252.227-7016 Rights in Bid or Proposal Information JAN 2023 252.227-7030 Technical Data--Withholding Of Payment MAR 2000 252.227-7037 Validation of Restrictive Markings on Technical Data JAN 2023 252.227-7038 Patent Rights--Ownership by the Contractor (Large Business) JUN 2012 252.231-7000 Supplemental Cost Principles DEC 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

252.232-7010 Levies on Contract Payments DEC 2006 252.235-7011 Final Scientific or Technical Report DEC 2019 252.243-7001 Pricing Of Contract Modifications DEC 1991 252.243-7002 Requests for Equitable Adjustment DEC 2022 252.245-7001 Tagging, Labeling, and Marking of Government-Furnished

Property

APR 2012

252.245-7002 Reporting Loss of Government Property JAN 2021 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal DEC 2017 252.247-7023 Transportation of Supplies by Sea JAN 2023

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter 1) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the date of the clause.

(b) The use in this solicitation or contract of any Defense Federal Acquisition Regulation (48 CFR Chapter 2) clause with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation.

252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) 0001 is/are incrementally funded. For this/these item(s), the sum of $165,984.00 of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE

CONVENIENCE OF THE GOVERNMENT".

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph

(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.

The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or

(e) of this clause.

(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $-- $195,484 to be allocated as follows:

CLIN 0001 = $165,948.00

CLIN 0002 = $29,500 in full

Incremental payments will be executed upon notification of 75% spent from the Contractor until complete delivery is made and final payment is made.

252.235-7010 Acknowledgment of Support and Disclaimer. (MAY 1995)

(a) The Contractor shall include an acknowledgment of the Government's support in the publication of any material based on or developed under this contract, stated in the following terms: This material is based upon work supported by the The US Army Corps of Engineers and The Department of Defense Strategic Environmental Research and Development Program (SERDP) under Contract No.W912HQ23C0068.

(b) All material, except scientific articles or papers published in scientific journals, must, in addition to any notices or disclaimers by the Contractor, also contain the following disclaimer: Any opinions, findings and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the The US Army Corps of Engineers and The Department of Defense Strategic Environmental Research and Development Program.

Section J - List of Documents, Exhibits and Other Attachments

SECTION J CLAUSES

J001 ADDITIONAL DOCUMENTATION

The attached DD Form 1423, Contract Data Requirements List (CDRL) is part of Contract Line Item Number (CLIN) 0002.