Attachment 9 - SOW Supplemental Requirements (AMENDED).pdf

FA8650-20-S-6008

BAA Attachment 9

Statement of Work (SOW) / Performance Work Statement (PWS)

Supplemental Requirements (AFRL/PZL)

DATE

The following paragraphs are also considered be a part of the SOW/PWS requirements and the Contractor is responsible for compliance to the same extent as the rest of the SOW/PWS.

Include language similar to the following requirement when necessary to extend the lead time prior to release from the 10 days mentioned in DFARS 252.204-7000(b) to 50 days.

1. Implementation of Disclosure of Information:

In order to comply with DFARS 252.204-7000, Disclosure of Information, the following copies of the information to be released are required at least 50 days prior to the scheduled release date:

a. One (1) copy(ies) to: XXX, Contracting Officer

b. One (1) copy(ies) to: XXX, Program Manager

Include the following requirement when the Contractor will be authorized to bill for travel separately and a COR has been assigned to the contract.

2. Travel:

a. The Contractor may be required to travel within the contiguous United States and overseas.

The Contractor may be required to travel by Government-provided transportation. Travel requirements will be reimbursed by separate voucher and must be approved in advance by the Contracting Officer’s Representative (COR). Travel requirements will be identified, proposed, and negotiated on an as-required cost-reimbursement basis. Billable travel costs are airfare, ground transportation, and per diem costs – not labor hours. The Contractor shall be responsible for obtaining any passports or visas and making travel arrangements to and from any CONUS location.

i. Per diem, airfare, and all other allowable travel costs shall be reimbursed in accordance with the Federal Acquisition Regulation. All travel within overseas areas shall be approved in advance by the COR.

ii. The Government may provide travel to and from overseas work sites via Air Mobility Command (AMC) flights if available. AMC travel fees may be Contractor-paid and invoiced to the Government. The Government will be responsible for obtaining travel clearances and issuance of any required special orders.

b. Use of AMC transportation shall be approved in advance by the COR or the Contracting Officer. Orders authorizing AMC travel will specify the Contractor’s Customer Identification Code (CIC). If the Contractor does not have CIC number, the orders will state, “Special account handling: Billing for AMC transportation will be forwarded to TBD (insert Contractor’s address).” Use of AMC transportation is subject to availability.

c. The travel CLIN is intended to pay for travel occurring at the direction of the Government performed in conjunction with a specific trip authorized in a task order. Travel by clerical support personnel shall be approved in advance by the COR or Contracting Officer.

Include the following requirement in contracts when the decision to contract is based to a large extent on the qualifications of the principal investigator and/or the key members of the research team.

3. Key Positions and Minimum Qualifications:

a. Contractor personnel holding the position titles and having the qualifications listed below are considered essential to the work being performed under this contract:

Key Positions: Minimum Qualifications:

(list by job title) (list minimum qualifications in terms of education and/or experience)

XXX XXXXXXXXX

XXX XXXXXXXXX

XXX XXXXXXXXX

b. The Contractor shall notify the Contracting Officer before the departure of any individual in a key position and identify the proposed substitution. Any proposed personnel substitution that does not meet the minimum qualification requirements described above requires the prior written approval of the Contracting Officer.

Include language similar to the following requirement when the contract is issued in support of DARPA and applicable DFARS clauses are not considered to provide sufficient coverage.

4. Acknowledgement of Sponsorship:

a. The Contractor agrees that in the release of information relating to this contract such release shall include a statement to the effect that the project or effort depicted was or is sponsored by the Air Force Research Laboratory (AFRL and Defense Advanced Research Projects Agency (DARPA)).

b. For the purpose of this clause, “information” includes but is not limited to material presented in news releases, articles, manuscripts, brochures, advertisements, still and motion pictures, speeches, presentations, meetings, conferences, symposia, etc.

c. Nothing in the foregoing shall affect compliance with the requirements of the clause (if applicable) of this contract entitled “Security Requirements.”

d. The Contractor further agrees to include this requirement in any subcontracts awarded as a result of this contract.

Include language similar to the following requirement when the contract requires delivery of hardware, and the hardware requires special handling instructions.

5. Packaging and Marking:

a. All hardware deliverable contract items shall be packaged in accordance with established commercial practices.

b. When special delivery and/or handling instructions are required, all boxes and/or crates must contain the following statement in plain sight and in bold letters:

INSTRUCTION TO RECEIVING OFFICE – DO NOT OPEN; CONTENTS ARE SENSITIVE TO

DAMAGE WHEN IMPROPERLY OPENED OR HANDLED. CONTACT THE RESPONSIBLE

TECHNICAL PROJECT OFFICER IMMEDIATELY UPON RECEIPT. CONTACT INFORMATION: XXX

(insert POC’s name and contact information).

Include the following language in all contracts.

6. Program Manager:

The Government Program Manager for this effort is XXX (insert name and contact information).

Include language similar to the following in all contracts.

7. Program Focal Points:

The individuals listed below are identified as focal points for this contract.

Principal Investigator: XXX Technical Contract Manager: XXX Alternate: XXX

Include the following requirement when base support requirements apply to the effort.

8. Base Support:

Base support may be provided by the Government to the Contractor in accordance with this SOW/PWS.

a. The Contractor will require use of base support on a rent-free, non-interference basis to include Government-controlled working space, material, equipment, services (including automatic data processing), or other support (excluding use of the Defense Switched Network (DSN)) which the Government determines can be made available at, or through, any Air Force installation where this contract shall be performed.

b. Unless otherwise stipulated in the contract schedule, the Contractor will use base support on a no-charge-for-use basis and the value shall be a part of the Government’s contract consideration.

c. The Contractor will immediately report (with a copy to the cognizant contract administration office (CAO)) inadequacies, defective base support, or nonavailability of support stipulated by the contract schedule, together with a recommended plan for obtaining the required support.

Facilities are not to be purchased under this contract by the Contractor. Additionally, the Contractor (or authorized representative) will not purchase or otherwise furnish any base support requirement provided by the SOW/PWS (or authorize others to do so), without prior written approval of the Contracting Officer regarding the price, terms, and conditions of the proposed purchase, or approval of other arrangements.

d. The following are installations where base support will be provided: XXX (insert list of installations).

e. The base support to be furnished under this contract is XXX (insert list of support items).

Because of the nature and location(s) of the work performed, the value of such support is undeterminable. The Contractor is not authorized to incur any costs resulting from nonsupport prior to Contracting Officer direction.

If the contract is a cost-reimbursement, time and materials, or labor hour contract, use the basic SOW/PWS base support language above and add paragraph f below.

f. In the performance of this contract or any major subcontract, no direct or indirect costs for support will be incurred if the Government determines that support is available at or through any Air Force installation where this contract shall be performed.

If it is not possible to list base support in the contract before award, utilize the basic SOW/PWS base support language above and substitute the following paragraph d for paragraph d above.

a. Written authorization must be requested from the Contracting Officer for support not later than 90 days before the required in-place dates at each Air Force installation, and immediately for any required changes. Ensure the facilities are available and concurrence for their use has been obtained from the cognizant Contracting Officer before finalizing contract negotiations and/or source selection. In competitive acquisitions, the request for proposal/request for quote (RFP/RFQ) should request the Offeror propose a cost in the event that the facilities are not available. This is necessary in order to make a valid comparison of all Offerors’ proposals.

Include the following requirement in all contracts with a TS SCI DD 254 when a COR is required for SCI Security Administration.

9. Contracting Officer’s Representative (COR) for Sensitive Compartmented Information (SCI) Security

Administration:

The Government COR for SCI Security Administration on behalf on the Contracting Officer for this effort is XXX (insert name and contact information).

Include the following requirement in all contracts. If an IDIQ contract, the language may be tailored to specify submittals on a task order basis.

10. Implementation of Patent Rights Clause:

a. Interim or Final Invention Reports 1) listing the subject invention(s) and stating that all subject inventions have been disclosed, or 2) stating that there are no such inventions, shall be sent to both the Administrative Contracting Officer (insert “at the address located on the face page of the contract award” or name and address of the ACO) and to AFRL/PZL Patent Reporting at afmclo.jaz@us.af.mil within the timeframes specified in the Patent Rights clause of this contract.

b. Contractors shall use DD Form 882, Report of Inventions and Subcontracts, to submit these reports. The DD Form 882 shall also be used for the notification of an award of any subcontract(s) for experimental, developmental, or research work which contain a “Patent Rights” clause.

c. All other notifications required by the contract shall also be sent to the individuals in paragraph

a. This provision also constitutes the request for the following information for any subject invention for which the Contractor has retained ownership: (1) the filing date, (2) the serial number and title, (3) a copy of the patent application, and (4) the patent number and issue date.

Submittal shall be to AFRL/PZL Patent Reporting at afmclo.jaz@us.af.mil.

Include the following requirement in contracts which require FAR Clause 52.223-5 and EMS requirements.

11. Implementation of Pollution Prevention and Right-To-Know Information Clause:

To comply with FAR Clause 52.223-5, Pollution Prevention and Right-to-Know Information, with its Alternate I, and Environmental Management System (EMS) requirements, the Contractor is required to complete Initial EMS Awareness-Level training for all personnel working on an Air Force installation.

a. The installation office responsible for providing the EMS training is XXX (insert office).

b. The training requires XXX (insert time for training, e.g., “less than 30 minutes”).

c. The training shall be accomplished within XXX (insert number) days of contract (or modification) award. New contract employees shall be trained within XXX (insert number) days of starting work on the installation.

d. The training is available via XXX (insert website name and address), which provides materials that meet the training requirement.

e. Upon completion of the training, the Contractor shall provide XXX (insert POC, e.g., the AF Program Manager (PM)) a list of the Contractor employees’ names and the date the training was completed.

Include the following requirement in all contracts.

12. Information Regarding Non-U.S. Citizens Assigned to this Project:

a. Contractor employees requiring access to USAF bases, AFRL facilities, and/or access to U.S.

Government Information Technology (IT) networks in connection with the work on this contract must be U.S. citizens. For the purpose of base and network access, possession of a permanent resident card (“Green Card”) does not equate to U.S. citizenship. This requirement does not apply to foreign nationals approved by the U.S. Department of Defense or U.S. Department of State under international personnel exchange agreements with foreign governments. It also mailto:afmclo.jaz@us.af.mil mailto:afmclo.jaz@us.af.mil does not apply to dual citizens who possess U.S. citizenship, to include Naturalized citizens. Any waivers to this requirement must be granted in writing by the Contracting Officer prior to providing access. Specific format for a waiver request will be provided upon request to the Contracting Officer. The above requirements are in addition to any other contract requirements related to obtaining a Common Access Card (CAC).

b. For purposes of paragraph a above, if an IT network/system does not require AFRL to endorse a Contractor’s application to said network/system in order to gain access, the organization operating the IT network/system is responsible for controlling access to its system. If an IT network/system requires a U.S. Government sponsor to endorse the application in order for access to the IT network/system, AFRL will only endorse the following types of applications, consistent with the requirements above:

i. Contractor employees who are U.S. citizens performing work under this contract.

ii. Contractor employees who are non-U.S. citizens and who have been granted a waiver.

Any additional access restrictions established by the IT network/system owner apply.

Include language similar to the following requirement when exception (a)(3) to DFARS Clause 252.204- 7000 applies:

13. Fundamental Research:

Pursuant to DFARS 252.204-7000, Disclosure of Information, the exception in paragraph (a)(3) allowing release of information is applicable to Statement of Work section(s)/task(s) XXX (insert applicable SOW paragraph number(s)), only as long as the work remains in the public domain or is considered fundamental research and not sensitive or inappropriate for public release. Any time work progresses to the non-public domain, exceeds the scope of fundamental research, or the Contractor has reason to believe the work has become sensitive or inappropriate for release to the public, then this exception no longer applies.

Include the following language if a Comprehensive Small Business Subcontracting Plan applies.

14. Comprehensive Small Business Subcontracting Plan:

The comprehensive small business subcontracting plan dated XXX (insert date) is hereby incorporated into the contract by reference.

Include the requirement in paragraph a below in all contracts. Include the requirement in paragraph b below if the specific effort is covered by an S&T protection plan.

15. Science and Technology (S&T) Protection:

The requirements below are in accordance with Air Force Research Laboratory Instruction (AFRLI) 61- 113, “Science and Technology (S&T) Protection for the Air Force Research Laboratory”.

a. Initial/Annual/New SF 424, Research and Related Senior/Key Person Profile (Expanded) Form, Requirement: In accordance with CDRL XXXX, the Contractor shall provide an SF 424 with the following information: 1) an initial report of all Senior/Key Personnel at the time of award; 2) an annual report of all Senior/Key Personnel providing support; and 3) a report for any new Senior/Key Personnel who join the contract, agreement, grant, or OT. Any updated SF 424s for new Senior/Key Personnel supporting the award require coordination from the Government prior to the Contractor employee receiving access to S&T information.

b. S&T Protection Plan Requirement: The Contractor shall support the USG in the planning, development, and implementation of the S&T Protection Plan as required and adhere to the S&T Protection Plan in the course of executing this requirement, incorporating any previous planning conducted on the baseline system. The Contractor shall adhere to and be compliant with the guidance established in the S&T Protection Plan found at Attachment XX.