EOC Draft RFP 24 October 2024.docx

Draft RFP, Electro Optics Technology Center of Excellence (EOCOE 4)

Section B - Supplies or Services and Prices CLINs/SLINs Item Number

Manufacturing Technology (ManTech) Electro Optics Center (EOC 4) and perform research on approved ManTech and Non-Mantech Program technical projects in accordance with Section C, and all task orders issued hereunder. Maximum amount of this IDIQ contract is $99,000,000.

Award Type: Indefinite-quantity Product/Service Code: AC13

Exhibits A & B) Award Type: Cost (Not Separately Priced) Product/Service Code: AC13

1 LO

The total estimated amount of the base and exercised options is $99,000,000.00.

The total potential amount for this action is $99,000,000.00 Section C - Description/Specifications ONR- Safeguarding Covered Defense Information and Cyber Incident Reporting

1. System Security Plan and Plans of Action and Milestones (SSP/POAM) Reviews

a) Within thirty (30) days of contract award, the Contractor shall make its System Security Plan(s) (SSP(s)) for its covered contractor information system(s) available for review by the Government at the contractor’s facility. The SSP(s) shall implement the security requirements in Defense Federal Acquisition Regulation Supplement (DFARS) clause 252.204-7012, which is included in this contract. The Contractor shall fully cooperate in the Government’s review of the SSPs at the Contractor’s facility.

b) If the Government determines that the SSP(s) does not adequately implement the requirements of DFARS clause 252.204-7012 then the Government shall notify the Contractor of each identified deficiency. The Contractor shall correct any identified deficiencies within thirty (30) days of notification by the Government. The contracting officer may provide for a correction period longer than thirty (30) days and, in such a case, may require the Contractor to submit a plan of action and milestones (POAM) for the correction of the identified deficiencies. The Contractor shall immediately notify the contracting officer of any failure or anticipated failure to meet a milestone in such a POAM.

c) Upon the conclusion of the correction period, the Government may conduct a follow-on review of the SSP(s) at the Contractor’s facilities. The Government may continue to conduct follow-on reviews until the Government determines that the Contractor has corrected all identified deficiencies in the SSP(s).

d) The Government may, in its sole discretion, conduct subsequent reviews at the Contractor’s site to verify the information in the SSP(s). The Government will conduct such reviews at least every three (3) years (measured from the date of contract award) and may conduct such reviews at any time upon thirty (30) days’ notice to the Contractor.

2. Compliance to NIST 800-171

a) The Contractor shall fully implement the CUI Security Requirements (Requirements) and associated Relevant Security Controls (Controls) in NIST Special Publication 800-171 (Rev. 1) (NIST SP 800-171), or establish an SSP(s) and POA&Ms that varies from NIST 800-171 only in accordance with DFARS clause 252.204-7012(b)(2), for all covered contractor information systems affecting this contract.

b) Notwithstanding the allowance for such variation, the contractor shall identify in any SSP and POA&M their plans to implement the following, at a minimum:

(1) Implement Control 3.5.3 (Multi-factor authentication). This means that multi-factor authentication is required for all users, privileged and unprivileged accounts that log into a network. In other words, any system that is not standalone should be required to utilize acceptable multi-factor authentication. For legacy systems and systems that cannot support this requirement, such as CNC equipment, etc., a combination of physical and logical protections acceptable to the Government may be substituted;

(2) Implement Control 3.1.5 (least privilege) and associated Controls, and identify practices that the contractor implements to restrict the unnecessary sharing with, or flow of, covered defense information to its subcontractors, suppliers, or vendors based on need-to-know principles;

(3) Implement Control 3.1.12 (monitoring and control remote access sessions) - Require monitoring and controlling of remote access sessions and include mechanisms to audit the sessions and methods. (4) Audit user privileges on at least an annual basis;

(5) Implement:

i. Control 3.13.11 (FIPS 140-2 validated cryptology or implementation of NSA or NIST approved algorithms (i.e. FIPS 140-2 Annex A: AES or Triple DES) or compensating controls as documented in a SSP and POAM); and,

ii. NIST Cryptographic Algorithm Validation Program (CAVP) (see https://csrc.nist.gov/projects/cryptographic-algorithm-validation-program);

(6) Implement Control 3.13.16 (Protect the confidentiality of CUI at rest) or provide a POAM for implementation which shall be evaluated by the Navy for risk acceptance.

(7) Implement Control 3.1.19 (encrypt CUI on mobile devices) or provide a plan of action for implementation which can be evaluated by the Government Program Manager for risk to the program.

3. Cyber Incident Response:

a) The Contractor shall, within fifteen (15) days of discovering the cyber incident (inclusive of the 72-hour reporting period), deliver all data used in performance of the contract that the Contractor determines is impacted by the incident and begin assessment of potential warfighter/program impact.

b) Incident data shall be delivered in accordance with the Department of Defense Cyber Crimes Center (DC3) Instructions for Submitting Media available at http://www.acq.osd.mil/dpap/dars/pgi/docs/Instructions_for_Submitting_Media.docx. In delivery of the incident data, the Contractor shall, to the extent practical, remove contractor-owned information from Government covered defense information.

c) If the Contractor subsequently identifies any such data not previously delivered to DC3, then the Contractor shall immediately notify the contracting officer in writing and shall deliver the incident data within ten (10) days of identification. In such a case, the Contractor may request a delivery date later than ten (10) days after identification. The contracting officer will approve or disapprove the request after coordination with DC3.

4. Naval Criminal Investigative Service (NCIS) Outreach The Contractor shall engage with NCIS industry outreach efforts and consider recommendations for hardening of covered contractor information systems affecting DON programs and technologies.

5. NCIS/Industry Monitoring

a) In the event of a cyber incident or at any time the Government has indication of a vulnerability or potential vulnerability, the Contractor shall cooperate with the Naval Criminal Investigative Service (NCIS), which may include cooperation related to: threat indicators; pre-determined incident information derived from the Contractor's infrastructure systems; and the continuous provision of all Contractor, subcontractor or vendor logs that show network activity, including any additional logs the contractor, subcontractor or vendor agrees to initiate as a result of the cyber incident or notice of actual or potential vulnerability.

b) If the Government determines that the collection of all logs does not adequately protect its interests, the Contractor and NCIS will work together to implement additional measures, which may include allowing the installation of an appropriate network device that is owned and maintained by NCIS, on the Contractor's information systems or information technology assets. The specific details (e.g., type of device, type of data gathered, monitoring period) regarding the installation of an NCIS network device shall be the subject of a separate agreement negotiated between NCIS and the Contractor. In the alternative, the Contractor may install network sensor capabilities or a network monitoring service, either of which must be reviewed for acceptability by NCIS. Use of this alternative approach shall also be the subject of a separate agreement negotiated between NCIS and the Contractor.

c) In all cases, the collection or provision of data and any activities associated with this statement of work shall be in accordance with federal, state, and non-US law.

ONR- Statement of Work

(1) The Contractor shall conduct the effort under CLIN(s) 0001 and 0002 in accordance with attachment one (1) in Section J, Statement of Work, entitled Manufacturing Technology Electro-Optics Manufacturing Center of Excellence 4 and Exhibits A and B, Contract Data Requirements Lists. Additionally, the Contractor shall conduct the effort subject to the requirements, standards, Statement(s) of Work, and Contract Data Requirement Lists/deliverable data as referenced in each respective task order.

(2) The purpose of CLIN 0001 is to provide for an instrument under which orders can be issued for: Center Operations and Management and Center Business Operations, Project Development and Management, and Technical Projects as generated in Project Development and Management.

(3) Deliverable data requirements will also be specified on each Task Order as applicable.

ONR- Key Personnel

(a) The Contractor agrees to assign to the contract tasks those persons whose resumes were submitted with its proposal and who are necessary to fulfill the requirements of the contract as "key personnel". No substitutions may be made except in accordance with this instruction.

(b) The Contractor understands that during the first ninety (90) days of the contract performance period, no personnel substitutions will be permitted unless these substitutions are unavoidable because of the incumbent's sudden illness, death or termination of employment. In any of these events, the Contractor shall promptly notify the Contracting Officer and provide the information described in paragraph (c) below. After the initial ninety (90) day period the Contractor must submit to the Contracting Officer all proposed substitutions, in writing, at least 30 days in advance, 45 days if security clearance must be obtained, of any proposed substitution and provide the information required by paragraph (c) below.

(c) Any request for substitution must include a detailed explanation of the circumstances necessitating the proposed substitution, a resume for the proposed substitute, and any other information requested by the Contracting Officer. Any proposed substitute must have qualifications equal to or superior to the qualifications of the incumbent. The Contracting Officer or his/her authorized representative will evaluate such requests and promptly notify the Contractor in writing of his/her approval or disapproval thereof.

(d) In the event that any of the identified key personnel cease to perform under the contract and the substitute is disapproved, the contract may be immediately terminated in accordance with the Termination clause of the contract.

The following are identified as key personnel:

Refer to Solicitation Attachment two (2), Key Personnel.

ONR- Acknowledgement of Support and Disclaimer

(a) As used in DFARS 252.235-7010, 'Acknowledgement of Support and Disclaimer,' "material" also includes but is not limited to, news releases, letters to the editor, articles, abstracts, manuscripts, brochures, advertisements, photos, films, videos, slides, charts, graphs, drawings, speeches, trade association meetings, symposia, etc.

(b) Nothing in the foregoing shall affect compliance with the requirements of the clauses of this contract entitled "Disclosure of Information" (252.204-7000) and "Security Requirements" (FAR 52.204-2 and Alternate I) if such clause is a part of the contract

(c) The Contractor further agrees to include this provision in any subcontract awarded as a result of this contract.

ONR- Research Does Not Involve Human Subjects, Animals, or Recombinant or Synthetic Nucleic Acid Molecules The work to be performed under this contract, including any related subcontracts, does not include research involving human subjects, animals, or recombinant or synthetic nucleic acid molecules. If the Contractor or any of its subcontractors intends to perform work under this contract involving human subjects, animals, or recombinant or synthetic nucleic acid molecules, such work may not commence unless and until all required approvals have been obtained (e.g. HRPO review for human subject research) and the Contracting Officer has issued a written modification to the contract adding the new work to the statement of work and incorporating as applicable DFARS 252.235-7004, DFARS 252.235-7002, and National institutes of Health guidelines. The Government will not reimburse or otherwise pay for work performed in violation of this requirement.

Section D - Packaging and Marking ONR- Packaging and Marking Preservation, packaging, packing and marking of all deliverable contract line items shall conform to normal commercial packing standards to assure safe delivery at destination.

ONR- Report Preparation Scientific or technical reports prepared by the Contractor and deliverable under the terms of this contract will be prepared in accordance with format requirements contained in ANSI/NISO Z39.18-2005 (R2010), entitled, "Scientific and Technical Reports - Preparation, Presentation and Preservation".

[NOTE: All National Information Standards Organization (NISO) American National Standards are available as free, downloadable pdf(s) at http://www.niso.org/standards/index.html.]

(a) All scientific and technical reports delivered pursuant to the terms of this contract shall identify units of measurement in accordance with the International System of Units (SI) commonly referred to as the "Metric System". Conversion to U.S. customary units may also be given where additional clarity is deemed necessary. Guidance for application of the metric system is contained in the American Society of Testing Materials document entitled "Standard Practice for Use of the International System of Units (The Modernized Metric System)" (ASTM Designation E380-89A).

(b) This provision also applies to journal article preprints, reprints, commercially published books or chapters of books, theses or dissertations submitted in lieu of a scientific and/or technical report.

Section E - Inspection and Acceptance ONR- Award Inspection and Acceptance Inspection and acceptance of the reports and/or other deliverables under this contract will be accomplished by the COR/Program Officer designated in Section G of this contract, who shall have thirty (30) days after contractual delivery for acceptance. If the contract includes a Not-Separately-Priced (NSP) CLIN(s) that is/are to be delivered before the current end date in the period of performance, the contractor shall use a receiving report in WAWF as a Material Inspection and Receiving Report in lieu of a DD Form 250 for each NSP CLIN due before the end of the current period. Otherwise, the receiving report required for the final report in Exhibit A can include the final report and any other NSP CLINs due at the same time.

FAR 52.246-4 Inspection of Services - Fixed-Price. (AUG 1996) FAR 52.246-5 Inspection of Services - Cost-Reimbursement. (APR 1984) FAR 52.246-7 Inspection of Research and Development - Fixed-Price. (AUG 1996) FAR 52.246-8 Inspection of Research and Development - Cost-Reimbursement. (MAY 2001) Section F - Deliveries or Performance CLIN(s)/SLIN(s) will be delivered as follows:

Code

Later Than (if applicable)

Attn: Will Crespo william.f.crespo-miranda.civ@us.navy.mil 875 North Randolph Street Arlington VA 22203 5/2025 – 5/2035

Attn: Will Crespo william.f.crespo-miranda.civ@us.navy.mil 875 North Randolph Street Arlington VA 22203 5/2025 – 5/2035

1) Any request for a period of performance extension shall be submitted in writing to the Contracting Officer and Contracting Officer Representative (COR)/Program Officer no later than sixty (60) days prior to the expiration of the task order to allow the Government time to consider, and if approved, process the request. Requests submitted less than sixty (60) days prior to the expiration of the contract may be rejected and not processed by the Government.

2) The request shall include:

(a) Contract Number,

(b) Contract Line Item number (CLIN) associated with the extension,

(c) current expiration date of the CLIN associated with the extension,

(d) revised date for which the extension is requested,

(e) the name of the COR associated with this contract and his/her Program Code,

(f) the rationale as to why the extension is required,

(g) status of the remaining task(s) to be completed during the extension period,

(h) plan of action for completing the effort,

(i) Contractor's offer of consideration, if applicable, and

(j) total unexpended funds and a justification that the remaining funds are sufficient under the CLIN to ensure remaining task(s) are completed during the extension.

ONR- Ordering Period The ordering period duration for CLINs 0001 and 0002 will be 120 months. The following template language will be updated at IDIQ award with actual dates: The ordering period for CLINs 0001 and 0002 is from [To Be Determined] through [To Be Determined]. Orders may be placed at any time during the ordering period. Orders placed within the ordering period may continue until the delivery date/end date specified in the order. Each order shall specifically set forth the items to be delivered, delivery terms, and the delivery date and/or period of performance.

ONR- Distribution of Invention Disclosures and Reports The Contractor shall submit all invention disclosures and reports required by the Patent Rights clause of the contract via email to the Program Officer/COR, Office of Naval Research, Corporate Counsel (Code 07), and the Administrative Contracting Officer. The email address for Corporate Counsel (Code 07) is ONR.NCR.BDCC.list.invention-reports@us.navy.mil. The Corporate Counsel will provide a recommendation to the Administrative Contracting Officer. The Corporate Counsel will represent the Contracting Officer with regard to invention reporting matters arising under this contract.

ONR- Place of Delivery All deliverable items (e.g., prototypes and software stated in Section B, and reports and data listed in the DD1423) shall be F.O.B. Destination.

FAR 52.242-15 Stop-Work Order. (AUG 1989) FAR 52.242-15 Stop-Work Order. (AUG 1989) - Alternate I (APR 1984) Section G - Contract Administration Data ONR- Procuring Office Representative In order to expedite administration of this contract, the Administrative Contracting Officer should direct inquiries to the appropriate office listed below.

Contract Negotiator – Stephen Gilligan, CODE 253, (P) 609-410-7699, Email: Stephen.t.gilligan.civ@us.navy.mil Inspection and Acceptance by the Contracting Officer Representative (COR) – Will Crespo, Code 33, (P) 812-381-7487, Email: William.f.crespo-miranda.civ@us.navy.mil Security Matters – ONR 54, email: ONR.NCR.BD043.list.Security-Division@us.navy.mil Patent Matters – ONR 07, email: ONR.NCR.BDCC.list.invention-reports@us.navy.mil eSRS - Insert the Contracting Officer name, Ellen C. Reed, in Block 15 of the subcontracting section of an ISRS ONR- Award Distribution (JULY 2015) In accordance with the requirements of FAR 4.201, distribution is made to the contractor, program office, administrative contracting office, payment office and audit office. See the following matrix to determine the specific distribution location, which is based upon the award form used:

Administrative Contracting Office

ONR- Type of Award

(a) This is an Indefinite Delivery Indefinity Quantity (IDIQ) Task Order Contract, which allows issuance of task orders on a cost plus fixed fee (CPFF) basis, cost (no fee) basis, cost share basis and firm fixed price (FFP) basis.

(b) Task orders will be issued on a cost-plus-fixed-fee (CPFF) basis, cost (no fee) basis, cost share basis and firm fixed price (FFP) basis. CPFF task orders will be issued as completion form.

ONR- Ordering Officer The Office of Naval Research (ONR) Procuring Contracting Officer (PCO) or his/her duly authorized representative, shall act as Ordering Officer for the contract and is responsible for issuing orders placed hereunder. Orders shall be placed unilaterally or bilaterally by the Ordering Officer by issuance of a DD Form 1155, Order For Supplies or Services. The ONR PCO retains the unilateral right to update this guidance for the life of the contract. The ONR point of contact information is as follows:

Office of Naval Research One Liberty Center 875 North Randolph St.

Arlington, VA 22203-1995 Attn: [To Be Determined at time of award], ONR CODE 253

Email: To Be Determined Telephone: XXX-XXXX ONR- Allotment of Funds- Cost Share The following ONR clause will be added and filled out accordingly on any task order where cost share is applicable.

a. It is hereby understood and agreed that this [Enter either task order or contract] will not exceed a total amount (base and any exercised options) of []. The Government Share shall not exceed a total amount of [], and the Contractor Share shall not exceed a total amount of [].

b. CLIN 0001 will not exceed a total amount of []; of which [] is the Government's Share and [] is the Contractor's Share. The total amount of Government funds obligated to the contract and allotted to CLIN 0001 is []. It is estimated that the amount allotted of [] will cover the period from the date of award of the [Enter either task order or contract] through []months.

ONR- Guidance The following Section G clauses have fill-ins. The information will be completed in each order award: "Allotment of Funds"; and DFARS 252.232-7000 "Wide Area Workflow Payment Instructions."

ONR- Incrementally Funded Orders The Government, at its discretion, reserves the right to incrementally fund any order issued under this contract. If an order is incrementally funded, the order shall specify the total amount of the order, the amount obligated, the estimated performance period based on the amount of available funds, and a statement that the Contractor is not required to perform work nor is the Government obligated to reimburse the Contractor for work performed in excess of the amounts obligated. All incrementally funded cost reimbursement orders will be funded in accordance with the clause ""Limitation of Funds"" (FAR 52.23222) and the following appropriate ""Allotment of Funds"" clause.

Allotment of Funds Clause:

It is hereby understood and agreed that this order will not exceed a total amount of $order maximum limit; including an estimated cost of $estimated cost and a fixed fee of $fixed fee.

The total amount presently available for payment and allotted to CLIN _____ of this order is $________; including an estimated cost of $estimated cost for CLIN and a fixed fee of $fixed fee. It is estimated that the amount allotted of $estimated cost will cover the period from date of award through $funded through date.

ONR- Payment of Allowable Costs and Fixed Fee As consideration for the proper performance of the work and services required under this contract, the Contractor shall be paid as follows:

(a) Costs, as provided for under the contract clause entitled “Allowable Cost and Payment”, not to exceed the amount set forth as “Estimated Cost” in Section B, subject to the contract clause entitled “Limitation of Cost” or “ Limitation of Funds”, whichever is applicable.

(b) A fixed fee, in the amount set forth as ‘Fixed Fee’ in Section B, in accordance with the contract clause FAR 52.216-8 “Fixed Fee”, shall be paid upon completion of the work and services required under this contract and upon final acceptance by the Contracting Officer. However, the Contractor, may bill on each voucher the amount of the fee bearing the same percentage to the total fixed fee as the amount of cost billed bears to the total estimated cost not to exceed the amount set forth as "Fixed Fee" in Section B. The total fixed fee billed, shall not exceed the total fixed fee specified in Section B and is subject to the contract clause entitled "Limitation of Cost" or "Limitation of Funds" whichever applies.

(c) In accordance with FAR 52.216-8, “Fixed Fee”, the Administrative Contracting Officer (ACO), in order to protect the Government’s interest, shall withhold 10% of the fixed fee amount set forth in Section B or until a reserve is set aside in the amount of $100,000.00, whichever is less. The fixed fee withhold should be applied to each voucher. The ACO shall release the withhold in accordance with the provisions of FAR 52.216-8.

ONR- Task Order Minimum/Maximum Quantity The minimum order value for any given Task/Delivery Order issued under CLIN(s) 0001 may not be less than $25,000. The maximum order value for any given Task/Delivery Order issued under CLIN(s) 0001 may not be greater than the maximum value stated under the CLIN.

ONR- Technical Projects Approved Under this Contract

(1) One or more Delivery/Task Orders for Navy ManTech Projects may be issued and may include the following table. The Period of Performance (POP) and the Government cost specified below for each project cannot be exceeded without Contracting Officer approval and cannot exceed the funding specified by ACRN shown below for each approved technical project.

Project Number

CLIN

Description Participants Period of Performance Government Cost Contractor Cost Cost Fixed Fee Total Cost

ACRN: _____

(To be completed as technical projects are approved)

(2) One or more Delivery/Task Orders for Non-ManTech Projects may be issued and may include the following table. The Period of Performance (POP) and the Government cost specified below for each project cannot be exceeded without Contracting Officer approval and cannot exceed the funding specified by ACRN shown below for each approved technical project.

Project Number Description Participants Period of Performance Cost Fixed Fee Total Cost

ACRN: _____

(To be completed as technical projects are approved)

(3) Special Projects and Rapid Response Projects, if approved by the ONR Program Officer, may be performed under Delivery/Task Order 0001, COE Operations and Management (for Special Projects) and under Delivery/Task Order 0002, Project Development and Management (for Rapid Response Projects), and may include the following table. The Period of Performance (POP) and the Government cost specified below for each project cannot be exceeded without Contracting Officer approval and cannot exceed the funding specified by ACRN shown below for each approved technical project.

Project Number Project Type (Rapid Response, etc.)

Description Participants Period of Performance Government Cost Contractor Cost Cost Fixed Fee Total Cost

ACRN: ___

(To be completed as technical projects are approved) ONR- Award Notification/Distribution Office of Naval Research (ONR) award and modification documents are available via the Department of Defense (DoD) Electronic Document Access System (EDA) within the Procurement Integrated Enterprise Environment (PIEE)(https://piee.eb.mil/).

EDA is a Web-based system that provides secure online access, storage and retrieval of awards and modifications to DoD employees and vendors (including contractors and recipients).

ONR creates an award notification profile for every award prior to the execution of the award using email addresses provided in the proposal or application. The notification profile will use the email address from the Business Point of Contact in the proposal to notify the recipient of an award.

If the Contractor needs to correct the EDA notification profile for an ONR award, please contact us at the following email address: ONR.NCR.BD024.list.HQ@us.navy.mil.

The following information should be provided:

a. Email Subject: EDA Award Notification Change Request;

b. ONR Award Number

c. The new email address to be added to the EDA award notification profile.

d. First name

e. Last name

f. Organization IMPORTANT: In some cases, EDA notifications are appearing in recipients' Junk Email folder. If you are experiencing issues receiving EDA notifications, please check your junk email. If found, please mark EDA notifications as "not junk."

EDA inactivates user accounts for non-use after 90 days. Failure to use your account will result in inactivation. A password reset and EDA POC approval is required to reactivate accounts.

ONR- Travel Costs Travel may be required to support this Statement of Work. For profit Contractor's travel costs shall be reimbursed in accordance with FAR 31.205-46 at rates not to exceed the maximum locality per diem rates (the combination of lodging, meals and incidentals) in effect at the time of travel, as set forth in the Federal Travel Regulations, Joint Travel Regulation and Standards Regulations, Section 925, as applicable. For educational Contractor's, travel shall be reimbursed in accordance with 2 CFR 200.

All Contractor travel arrangements including clearance requests, hotel accommodations, travel orders, and visa/passport requirements, are the Contractor's responsibility.

The contractor shall make every effort to make all travel arrangements at least 21 days in advance. Travel may be CONUS or OCONUS. The COR will provide further guidance during the period of performance. Prior to travel, the contractor shall provide a worksheet detailing the cost of travel to the COR for written approval prior to any travel. All requests for travel must be made in advance to the Contracting Officer’s Representative (COR) no later than seven (7) days prior to travel. No travel is allowable until authorized by the COR in writing.

ONR- Payment Instructions The payment office shall allocate and record the amounts paid to the accounting classification citations in the contract using the table located at https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions based on the type of payment request submitted (see DFARS 252.232-7006) and the type of effort.

ONR- Refunds/Overpayments Refunds owed to the Government in accordance with any provision (e.g. paragraph (h) of FAR 52.216-7, paragraph (d) of FAR 52.232-25) of this contract must be remitted through the Department of Treasury’s website, www.pay.gov. Instructions necessary for using pay.gov for refunds to ONR awards can be found at https://www.onr.navy.mil/en/work-with-us/manage-your-award/manage-contract-award. Once the contractor completes and submits the refund form through pay.gov, the contractor will receive an email from the system confirming the submission. This system-generated email from pay.gov must be forwarded to both the Administrative Contracting Officer and the Contracting Officer.

DFARS 252.232-7006 Wide Area WorkFlow Payment Instructions. (JAN 2023)

(a) Definitions. As used in this clause- Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

Payment request and receiving report are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(b) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation System (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall-

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF WebBased Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items-

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Invoice and Receiving Report (Combo) for Fixed Price Line Items that require a shipment of a deliverable

(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.

[Enter either Invoice 2in1 or the applicable invoice and receiving report document type(s) for fixed price line items for services.]

(iii) For customary progress payments based on costs incurred, submit a progress payment request.

(iv) For performance based payments, submit a performance based payment request.

(v) For commercial financing, submit a commercial financing request.

(2) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.

(Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.") (** Contracting Officer: If the contract provides for progress payments or performancebased payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)

(4) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

For WAWF Vendor support, please contact the WAWF Help Desk (disa.ogden.esd.mbx.cscassig@mail.mil; 801-605-7095); for Payment Issues, please contact the appropriate DFAS office (http://www.dfas.mil/contractorsvendors/dodaacsvc.html); for additional assistance, please contact ONR.NCR.BD021.list.all@navy.mil.

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

Section H - Special Contract Requirements ONR- Intelligence Oversight

1. In compliance with DoDD 5148.13 paragraph 4.1.e and SECNAVINST 3820.3F, all contractor personnel conducting Intelligence or Intelligence-related activities or supporting those efforts under Department of Defense authorities shall report any Questionable Intelligence Activity (QIA) or Significant or Highly Sensitive Matter (S/HSM) to the Office of Naval Research Contracting Officer Representative/Program Officer and the Senior Intelligence Officer.

Intelligence-Related Activities: Activities that are not conducted under the authority of Executive Order 12333 that involves the collection, retention, or analysis of information, and the activities’ primary purpose is to:

· Train intelligence personnel.

· Conduct research, development, or testing and evaluation for the purpose of developing intelligence specific capabilities. Activities that use intelligence funding (e.g., Military Intelligence Program or National Intelligence Program) are presumed to be intelligence or intelligence-related activities.

Specifically excluded from this definition are operational security activities, such as own force monitoring, force protection, maintenance of technologies or systems, cyberspace surveillance and reconnaissance operations. This is not an exhaustive list. See DODM 5204.01 Section 3.1.a (3) for additional information.

Questionable Intelligence Activity (QIA): Any Intelligence or Intelligence-related activity when there is reason to believe such activity may be unlawful or contrary to an Executive Order, Presidential Directive, Intelligence Community Directive, or applicable DoD policy governing that activity.

Significant or Highly Sensitive Matter (S/HSM): An Intelligence or Intelligence-related activity (regardless of whether the Intelligence or Intelligence-related activity is unlawful or contrary to an Executive Order, Presidential Directive, Intelligence Community Directive, or DoD policy), or serious criminal activity by Intelligence personnel, that could impugn the reputation or integrity of the Intelligence Community, or otherwise call into question the propriety of Intelligence activities. Such matters might involve actual or potential:

· Congressional inquiries or investigations.

· Adverse media coverage.

· Impact on foreign relations or foreign partners.

· Systemic compromise, loss, or unauthorized disclosure of protected information.

2. An activity or conduct that qualifies as either a Questionable Intelligence Activity (QIA) or a Significant or Highly Sensitive Matter (S/HSM) is reportable without waiting for substantiation, completion of an investigation, formal adjudication, or final resolution of the issue.

3. No adverse action will be taken against DoD contractor personnel because they intend to report to the appropriate authorities what they reasonably believe is a QIA or S/HSM.

4. The above requirements do not preclude, supersede, or limit the existing authorities and policies governing reporting of criminal or counterintelligence matters to the Defense Criminal Investigative Organizations (DCIO) and Military Department Counterintelligence Organizations (MDCO). NCIS is the DON DCIO and MDCO.

5. The contractor shall include paragraphs 1-4, including this paragraph (5), in all subcontracts, or similar contractual instruments.

ONR- Protests for Procurements Expected to Exceed the Simplified Acquisition Threshold For procurements expected to exceed the simplified acquisition threshold:

Protests to the agency shall be served on the Contracting Officer as provided in FAR 52.233-2. Protests shall comply with the requirements of FAR 33.103. Within five days of receiving the Contracting Officer’s protest decision, the protester may request an independent review of that decision at a level above the Contracting Officer. Requests received after five days will not be considered. Requests for independent review shall be addressed to:

Lisa Rosenbaum - lisa.l.rosenbaum.civ@us.navy.mil ONR encourages potential protestors to discuss their concerns with the Contracting Officer prior to filing a protest.

ONR- Orders

(a) General Orders may be issued by the Contracting Officer (CO) for work as specified in Sections B and C of the Schedule at any time during the effective period of this contract. Except as otherwise provided in any order, the Contractor shall furnish all materials and services necessary for accomplishing the work specified in each order issued hereunder. All the provisions in this contract shall be applicable to all orders issued hereunder. To the extent of any inconsistency between any order and this contract, the contract shall control. It is understood and agreed upon that the Government has no obligation to issue any orders beyond paying the contract minimum on demand at the end of the contract period. The Contractor agrees to accept and perform orders issued by the CO within the scope of this contract during the term set forth elsewhere in the schedule.

(b) Ordering Orders and revisions thereto shall be made in writing by the CO.

(1) The type of Task Order Award shall be governed by the types of Task Orders permitted under this IDIQ.

(2) Each bilateral order shall be binding when executed by both parties.

(3) Each unilateral order shall be binding upon receipt by the Contractor. The Contractor shall acknowledge receipt of the order within five (5) days after receipt thereof. These orders may be issued through facsimile as well as through electronic and regular mail.

(c) Bilateral Orders Except as otherwise provided in paragraph (d) below, the Contractor shall not begin any work until a bilateral order is issued by the CO.

(d) Unilateral Orders Priced: The CO may issue unilateral orders, either fully or incrementally funded, based upon acceptance of the Contractor’s proposals. The order type (FFP or CPFF) and delivery schedule shall be set forth in each order. Upon receipt of a unilateral order, the Contractor shall promptly commence the work specified therein. Unilateral orders are subject to either the “Limitation of Cost” (when fully funded) or “Limitation of Funds” (when incrementally funded) clause as incorporated into this contract. The Contractor shall acknowledge receipt of the order within five (5) days of receipt.

(e) Cost or Pricing Data Whenever cost or pricing data are required in accordance with FAR 15.403, the Contractor shall submit required data in accordance with FAR 15.408, Table 15-2. If a Certificate of Current Cost or Pricing Data is required, it shall be provided in accordance with FAR 15.406-2.

(f) Definition The term Contracting Officer as used in this provision includes the Administrative Contracting Officer (ACO).

(g) Termination of Orders

(1) The Government may terminate performance of work under any order in whole or, from time to time, in part if –

a. The Contracting Officer determines that a termination is in the Government’s interest; or

b. The Contractor defaults in performing any order and fails to cure the default within 10 days (unless extended by the Contracting Officer) after receiving a notice specifying the default. “Default” includes failure to make progress in the work so as to endanger performance,

(2) The Contracting Officer shall terminate the order by delivering to the Contractor a Notice of Termination specifying whether the termination is for default of the Contractor of for Convenience of the Government, the extent of termination, and the effective date. If, after termination for default, it is determined that the Contractor was not in default or that the Contractor’s failure to perform or to make progress in performance is due to causes beyond the control and without fault or negligence of the Contractor as set forth in the Excusable Delays clause, the rights and obligations of the parties will be the same as if termination was for the convenience of the Government.

(3) After receipt of a Notice of Termination, and except as directed by the Contracting Officer, the Contractor shall immediately proceed with the obligations specified in the “Termination (Cost Reimbursement)” clause.

ONR- Environmental Compliance Any action pursuant to this contract that affects the natural environment must be carried out in compliance with the requirements of applicable environmental laws and regulations including, but not limited to, the National Environmental Policy Act (NEPA), Executive Order 12114, the Marine Mammal Protection Act (MMPA), the Endangered Species Act (ESA) and the Coastal Zone Management Act (CZMA). In no event shall tests affecting the natural environment commence before all requirements of applicable environmental laws and regulations have been met.

ONR- Flight Tests The following ONR Flight Test language will apply to the successful awardee for individual task order project submissions, if flight tests are proposed.

Any flight tests shall be conducted in accordance with applicable Federal, State, and local laws. Ten days prior to the conduct of any flight test, the contractor shall submit a test plan electronically to the Government for review. A copy of the test plan shall be emailed to both the contract negotiator and program officer listed in the basic contract. The Government will respond in writing within five (5) days. The contractor shall obtain appropriate flight operations insurance. Proof of insurance is required to be submitted along with the Test Plan. The contractor shall provide proof of insurance that it has purchased if it is performing the flight test. [Enter if subcontractor is doing UAV flight testing: If a subcontractor is performing the flight test, the contractor shall provide the subcontractor's proof of insurance to the Government.] The Contractor is required to provide a copy of the renewal policy endorsement [Enter the policy number] to the Contracting Officer no later than [Enter the appropriate date]. If options are exercised, the Contractor is required to provide a copy of the renewal policy endorsement by [Enter as appropriate] of each year of the performance period.

ONR- Data Rights Assertions Data Rights Assertions in accordance with DFARS 252.227-7013, DFARS 252.227-7014, and/or DFARS 252.227-7018, will be submitted by the successful awardee for individual project task order submissions.

ONR- DD254

A DD254 will be added at the project level and flowed down to appropriate subcontractors.

ONR- Post Award Kick-Off Meeting The appropriate representative(s) of the contractor shall be prepared to attend a post award orientation kickoff meeting either virtually or in-person at either the Office of Naval Research Headquarters or a place to be determined. The Post award orientation kick-off will generally be scheduled within five (5) business days of award notification. The post award kick-off meeting will be attended by the Contracting Officer, Contract Specialist, Contracting Officer's Representative and any other required members of the program office.

ONR- Performance Evaluations In Contractor Performance Assessment Reporting System (CPARS) Continual monitoring of performance is one critical element to the success of the task order. Performance evaluation reports will be prepared at the time of final acceptance of work, termination, annually or other times, as appropriate. Performance evaluations are done in CPARS at www.cpars.gov by focusing on elements of quality control, effectiveness of management, timely performance and compliance with safety standards.

If the COR concludes that a contractor’s overall performance is less than satisfactory, the contractor shall be advised in writing. Contractors taking exception to the evaluation ratings are encouraged to submit comments in writing within CPARS. If the contractor submits written comments, the COR shall include them in the report, resolve any alleged factual discrepancies, and make appropriate changes to the report. If the contractor’s performance is found to be less than satisfactory, actions may warrant the Government to make new arrangements with different suppliers and/or modify existing arrangements.

The prime contractor is responsible for the management, performance and monitoring of all subcontractors who are working on this task order. If a subcontractor’s performance is less than satisfactory, the Government expects the prime contractor to take effective actions to correct less than satisfactory performance. Less than satisfactory performance by a subcontractor may reflect adversely on the contractor’s performance evaluation within the CPARS system.

ONR- Cost Sharing Minimum - ManTech The Government anticipates cost sharing for the research work to be performed under Navy ManTech Projects. The parties recognize that the appropriate level of cost share will be negotiated for individual technical projects and will be identified in "Technical Projects Approved Under this Contract."

ONR- Technical Direction

(a) Performance of the work hereunder is subject to the technical direction of the Program Officer/COR designated in this contract, or duly authorized representative. Technical direction includes the following:

(1) Direction to the Contractor which shifts work emphasis between work areas or tasks, requires pursuit of certain lines of inquiry, fills in details…