HDTRA1-13-R-0012_Final_Issued.pdf

Defense Threat Reduction Agency 8725 John J. Kingman Road, Stop 6201

Fort Belvoir, VA 22060-6201

March 04, 2013

MEMORANDUM FOR ALL POTENTIAL OFFERORS

SUBJECT: HDTRA1-13-R-0012, Request for Proposal

1. The Defense Threat Reduction Agency (DTRA) invites limited offerors to submit a proposal in response to the attached Request for Proposal (RFP). All proposals are due in accordance with Block 9 of the SF 33. While all elements of the RFP are important, Offerors are advised to pay special attention to Section L.2.2, as it reflects critical requirements for the responsive proposal submission.

2. The Department of Defense (DoD) has the need to have someone perform an Open Innovation

Sources for Prize and Challenge Services. The objective of this acquisition is to enhance DoD capability to mitigate threats to the Armed Forces brought on by an known, emerging, or engineered pathogen. To support DoD goals, DTRA has a requirement to perform, define, develop, advertise, and administer a large market stimulatory grand challenge. This requirement includes a Testing and

Evaluation element for all potential solutions to ensure a respondent successfully solved the challenge.

3. The Government will conduct a best value source selection acquisition conducted in accordance with the Federal Acquisition Regulation (FAR) and Defense FAR Supplement (DFARS). This acquisition is a limited competition source selection. The Government intends to award without discussions. Each Offeror is expected to submit its best proposal, as the opportunity to submit a revised proposal is not anticipated. If, during the evaluation period, it is determined to be in the best interest of the Government to hold discussions, these discussions will be held with only those Offerors determined by the Contracting Officer (CO) to be in the competitive range.

4. A Pre-Proposal Conference will be held. Reference provision 252.215-9014 in Section L for details. How to ask questions is identified in that provision.

5. Please be advised that the Procuring Contracting Officer (PCO) (Mr. Vic Cramer) is the sole points of contact for this source selection. Communication regarding this source selection to anyone other than the CO is inappropriate and improper.

3/4/2013

X Victor E. Cramer

Victor E. Cramer

Contracting Officer

Signed by: CRAMER.VICTOR.EARL.1216475093

Attachment

RFP No. HDTRA1-13-R-0012

CODE

(Hour)

PAGE(S)

until 03:00 PM local time 15 Apr 2013

X

A

X B

X C X D

EX

X

G

F 32 - 34

35 - 52

X H 53 - 60

Victor.Cramer@dtra.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

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

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

Prescribed by GSA

FAR (48 CFR) 53.214(c)

1 60

(If other than Item 7)

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

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

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

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

HDTRA1 8. ADDRESS OFFER TO

See Item 7

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

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

See Section L conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

VICTOR CRAMER 703-767-8769

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 4

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 9 - 14 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 15 - 22 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

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

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

13. DISCOUNT FOR PROMPT PAYMENT

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

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

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

FACILITY

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

SOLICITATION, OFFER AND AWARD

X

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

PART I - THE SCHEDULE

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

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

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

AWARD (To be completed by Government)

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

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

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

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

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

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

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

23 - 30

PART II - CO NTRACT CLAUSES

DEFENSE THREAT REDUCTION AGENCY/J4C

8725 JOHN J. KINGMAN ROAD, MSC 6201

FORT BELVOIR VA 22060-6201

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

04 Mar 2013

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

HDTRA1-13-R-0012

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Lot Challenge Development Planning

CPFF

The contractor shall perform under "The Innovation Sources for Prize and

Challenge Services" as described in TASK 1-4 under the Contractors SOW dated:_____

FOB: Destination

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

0002 Lot Base Period: CDRL Deliverables

CPFF

Deliver program data in accordance with the Contract Data Requirement Lists

(CDRLs) in Exhibit A

ESTIMATED COST NOT SEPARATELY PRICED

1001 Lot OPTION Option I: Formal Execution Development

CPFF

The contractor shall perform under "The Innovation Sources for Prize and

Challenge Services" as described in TASK 1-4 under the Contractors SOW

1002 Lot OPTION OPTION I: CDRL Deliverables

CPFF

Deliver program data in accordance with the Contract Data Requirement Lists

(CDRLs) in Exhibit B

2001 Lot OPTION Option II: Grand Challenge Execution

CPFF

The contractor shall perform under "The Innovation Sources for Prize and

Challenge Services" as described in TASK 9 - 12 under the Contractors SOW

2002 Lot OPTION OPTION II: CDRL Deliverables

CPFF

Deliver program data in accordance with the Contract Data Requirement Lists

(CDRLs) in Exhibit C

3001 Lot OPTION Option Task III: Award of Prize Funding

COST

This CLIN is established to hold funds for prize. The CLIN will only be exercised when the Grand Challenge Prize is awarded under Task 13 of Option

Period II.

Not To Exceed

ESTIMATED COST $5,000,000.00

Section C - Descriptions and Specifications

STATEMENT OF WORK

See Section J, Attachment 1

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

252.247-9001 PACKAGING AND MARKING

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

(b) All data and correspondence submitted to the Contracting Officer shall reference the Contract Number, the

CDRL number, and the date submitted. A copy of all correspondence sent to the Contracting Officer's

Representative (COR) or Project Manager shall be simultaneously provided to the Contracting Officer.

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

3001 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-8 Inspection Of Research And Development Cost

Reimbursement

MAY 2001

252.246-9000 INSPECTION AND ACCEPTANCE (JUL 2007)

Government inspection and acceptance of data is specified on the Contract Data Requirements List, DD Form 1423.

In accordance with FAR 52.246-8, inspection and acceptance for all work performed at any and all times under this contract shall be the responsibility of the:

__X___ Contracting Officer's Representative (COR) or Project Manager (PM). The Wide Area Work Flow

(WAWF) Acceptor DoDDAC is located in DTRA 252.201-9000 Project Manager or DTRA 252.201-9002

Contracting Officer’s Representative.

_____ Administrative Contracting Officer (ACO). The WAWF Acceptor DoDAAC can be found in the

“Administered By” block on page 1 of the contract.

(End of Clause)

Section F - Deliveries or Performance

PERIOD OF PERFORMANCE

DELIVERY INFORMATION

CLIN Period Of Performance QUANTITY SHIP TO ADDRESS UIC

0001 ___________ Months 1 Lot DEFENSE THREAT REDUCTION

AGENCY/J9CB

CO REPRESENTATIVE: SEE SEPARATE

LETTER

8725 JOHN J. KINGMAN ROAD, MSC 6201

FORT BELVOIR VA 22060

HDTRA1

0002 ___________Months 1 Lot (SAME AS PREVIOUS LOCATION)

1001 ___________Months 1 Lot (SAME AS PREVIOUS LOCATION)

1002 ___________Months 1 Lot (SAME AS PREVIOUS LOCATION)

2001 ___________Months 1 Lot (SAME AS PREVIOUS LOCATION)

2002 ___________Months 1 Lot (SAME AS PREVIOUS LOCATION)

52.242-15 Stop-Work Order AUG 1989

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

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

Section G - Contract Administration Data

252.232-7006 Wide Area WorkFlow Payment Instructions JUN 2012

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

The POC in the Procuring Contracting Office for this contract action is the Contracting Specialist, DTRA-J4CRC, and will be identified after contract award via a separate letter.

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

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

See Separate Appointment Letter after Contract Award

Defense Threat Reduction Agency/J9-CBAA

8725 John J. Kingman Rd, MS 6201

Fort Belvoir VA 22060-6201

WAWF Acceptor DoDAAC: HDTRA1

b. The COR will act as the Contracting Officer’s Representative for technical matters providing technical direction and discussion as necessary with respect to the specification/statement of work and monitoring the progress and quality of the Contractor’s performance. The COR is NOT an Administrative

Contracting Officer (ACO) and does not have the authority to take any action, either directly or indirectly that would change the pricing, quality, quantity, place of performance, delivery schedule, or any other terms and conditions of the contract, or to direct the accomplishment of effort, which goes beyond the scope of the specifications/statement of work in the contract.

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

252.204-9002 PAYMENT INSTRUCTIONS FOR MULTIPLE ACCOUNTING CLASSIFICATION

CITATIONS (MAY 2012)

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

_____ (1) Line item specific: single funding.

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

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

___X_ (2) Line item specific: sequential ACRN order.

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

If there is more than one ACRN within a contract line item, the payment office will make payment in sequential

ACRN order within the line item, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order: Alpha/Alpha; Alpha/Numeric; Numeric/Alpha; and Numeric/Numeric.

_____ (3) Line item specific: contracting officer specified ACRN order.

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

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

Line Item ACRN Order

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

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

If there is more than one ACRN within a contract line item, the payment office will make payment using the oldest fiscal year appropriations first, exhausting all funds in the previous fiscal year before disbursing from the next fiscal year. In the event there is more than one ACRN associated with the same fiscal year, the payment amount shall be disbursed from each ACRN within a fiscal year in the same proportion as the amount of funding obligated for each

ACRN within the fiscal year.

_____ (5) Line item specific: by cancellation date.

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

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

_____ (6) Line item specific: proration.

252.204-0006 Line Item Specific: Proration. (SEP 2009)

If there is more than one ACRN within a contract line item, the payment office will make payment from each ACRN in the same proportion as the amount of funding currently unliquidated for each ACRN.

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

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

The payment office will make payment in sequential ACRN order within the contract or order, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order: alpha/alpha;

alpha/numeric; numeric/alpha; and numeric/numeric.

_____ (8) Contract-wide: contracting officer specified ACRN order

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

The payment office will make payment in sequential ACRN order within the contract or order, exhausting all funds in the previous ACRN before paying from the next ACRN in the sequence order specified by the contracting officer.

ACRN Order

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

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

The payment office will make payment using the oldest fiscal year appropriations first, exhausting all funds in the previous fiscal year before disbursing from the next fiscal year. In the event there is more than one ACRN associated with the same fiscal year, the payment amount shall be disbursed from each ACRN within a fiscal year in the same proportion as the amount of funding obligated for each ACRN within the fiscal year.

_____ (10) Contract-wide: by cancellation date.

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

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

_____ (11) Contract-wide: proration.

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

The payment office will make payment from each ACRN within the contract or order in the same proportion as the amount of funding currently unliquidated for each ACRN.

_____ (12) Other.

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

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

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

(End of clause)

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

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

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

INSTRUCTIONS (November 2011)

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

Notifications link upon every submission of an invoice/cost voucher in WAWF-RA. To access WAWF, go to https://wawf.eb.mil.

** For questions, contact the DTRA WAWF Team at wawfhelp@dtra.mil **

(b) Definitions:

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

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

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

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

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

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

(c) WAWF Contractor Input Information:

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

Invoice Type in WAWF:

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

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

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

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

** If the contract contains both FFP and Cost Type (including T&M and LH) line items, they must be invoiced separately on appropriate types mentioned above. Upon the written approval of the Project

Manager or Contracting Officer’s Representative, the contractor may invoice both line items in one type of invoice.

For WAWF Routing Information, See Table Below:

Description

SF 26 SF 33 SF 1449 DD 1155

Located in Block/Section

Contract Number 2 2 2 1

Delivery Order See Individual Order 4 2

CAGE Code 7 15a 17a 9

Pay DoDAAC 12 25 18a 15

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

INSPECTION AND ACCEPTANCE

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

INSPECTION AND ACCEPTANCE

Issue Date 3 5 3 3

Issue By DoDAAC 5 7 9 6

Admin DoDAAC 6 24 16 7

Ship To / Service

Acceptor DoDAAC 6 24 16 7

Ship to Extension Do Not Fill In

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

Final Invoice?

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

mailto:wawfhelp@dtra.mil http://www.dcaa.mil/

(d) Final Invoices/Vouchers -Final Payment shall be made in accordance with the Federal Acquisition Regulation

(FAR) 52.216-7, entitled “Allowable Cost and Payment.”

Invoices - Invoice 2-n-1 (Services Only) and Invoice and Receiving Report (Combo)

Select the “Y” selection from the “Final Invoice?” drop-down box when submitting the final invoice for payment for a contract. Upon successful submission of the final invoice, click on the Send Additional Email Notifications link to send an additional email notification to the Contracting Officer Representative (COR), Program/Project

Manager or other government acceptance official identified in the contract.

Cost Vouchers - Once the final DCAA audit is complete for cost reimbursable contracts and authorization is received to submit the final cost voucher, select the “Y” selection from the “Final Voucher” drop-down box when submitting the final cost voucher. Upon successful submission of the final cost voucher, click on the Send

Additional Email Notifications link to send an additional email notification to the following email address:

finalcostvouchers@dtra.mil

(e) WAWF Training may be accessed online at http://www.wawftraining.com. To practice creating documents in

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

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

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

252.242-9003 - ASSIGNMENT OF CONTRACT ADMINISTRATION SERVICES (CAS) FUNCTIONS

(FEB 2012)

a. The contract administration functions stated in FAR 42.302(a) are assigned to: See Page 1, Section A, Block

24 of this contract.

b. Notwithstanding that assignment, in accordance with FAR 42.202(b)(2), the following functions are determined to be best performed by the PCO and are retained by the DTRA Contracting Office:

(1) FAR 42.302(a)(3) Conduct post-award orientation conferences.

(2) FAR 42.302(a)(20) Ensure processing and execution of duty-free entry certificates.

(3) FAR 42.302(a)(40) Perform engineering surveillance to assess compliance with contractual terms for schedule, cost, and technical performance in the areas of design, development, and production.

(4) FAR 42.302(a)(51) Consent to the placement of subcontracts.

(5) Approval or disapproval of the data items listed on Exhibit A, DD Form 1423, Contract Data

Requirements List.

(END OF CLAUSE)

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

Section H - Special Contract Requirements

H-1

Organizational Conflicts of Interest.

a. Purpose. The primary purpose of this Clause is to aid in ensuring that: (1) the Contractor's objectivity and judgment are not biased because of its past, present, or currently planned interests

(financial, contractual, organizational, or otherwise) which relate to work under this Contract, (2) the

Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public information regarding the Government's program plans and actual or anticipated resources, and (3) by virtue of its access to proprietary information belonging to others, the Contractor does not obtain any unfair competitive advantage.

b. Scope. The restrictions described herein shall apply to performance or participation by the

Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as

"contractor") in the activities covered by this Clause as prime contractor, subcontractor, cosponsor, joint venture, consultant, or in any similar capacity.

(1) The Contractor is precluded from submitting, or being otherwise involved in the submission of, any potential solution for the grand challenge prize competition that is the subject of this

Contract.

(2) Access To and Use of Government Information: If the Contractor, in the performance of this

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

(d) release such information unless such information has previously been released or otherwise made available to the public by the Government.

(3) Access To and Protection of Proprietary Information: The Contractor agrees that, to the extent it receives or is given access to proprietary data, trade secrets, or other confidential or privileged technical, business, or financial information (hereinafter referred to as "proprietary data") under this

Contract, it shall treat such information in accordance with any restrictions imposed on such information.

The Contractor further agrees to enter into a written agreement for the protection of the proprietary data of others and to exercise diligent effort to protect such proprietary data from unauthorized use or disclosure.

A copy of each such written agreement shall be furnished to the Contracting Officer. In addition, the

Contractor shall obtain from each employee who has access to proprietary data and Government information (defined in subparagraph b(2)) under this Contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary data received in connection with the work under this

Contract. The Contractor shall submit individual prime/subcontractor employee and consultant nondisclosure agreements to the Contracting Officer.

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

d. Representations and Disclosures:

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

(2) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract, prompt and full disclosure shall be made in writing to the Contracting

Officer which shall include a description of the action the Contractor has taken or proposes to take to avoid or mitigate such conflicts.

e. Remedies and Waiver:

(1) For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed during this contract, the Government may terminate this contract for default, disqualify the Contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the

Contractor discovers and promptly reports an organizational conflict of interest (or potential therefore) subsequent to contract award, the Contracting Officer may terminate this contract for convenience if such termination is deemed to be in the best interest of the Government.

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

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

(End Of Clause)

252.201-9003 LIMITATION OF AUTHORITY (JUN 2009)

No person in the Government, other than a Contracting Officer, has the authority to provide direction to the

Contractor, which alters the Contractor’s obligations or changes this contract in any way. If any person representing the Government, other than a Contracting Officer, attempts to alter contract obligations, change the contract specifications/statement of work or tells the contractor to perform some effort which the Contractor believes to be outside the scope of this contract, the Contractor shall immediately notify the Procuring Contracting Officer (PCO).

Contractor personnel shall not comply with any order or direction which they believe to be outside the scope of this contract unless the order or direction is issued by a Contracting Officer.

252.203-9000 Prohibition on the Use of Senior Mentors (JUNE 2010)

(a) The use of senior mentors by the Defense Threat Reduction Agency (DTRA) enhances the readiness of the

Agency across a wide range of strategic, operational, joint, functional, technical, management and development mission areas. The relevant prior service, joint force experience, and unique expertise of these senior consultants provide senior leadership with valuable insights and contribute to the continuous improvement of the Agencies’ operations.

(b) For the purposes of this clause, Senior Mentor is defined as a retired flag, general or other military officers (O-6) or retired senior civilian official (Senior Executive Service (SES), Senior Level (SL), Scientific and Professional

(ST)) who provides expert experience-based mentoring, teaching, training, advice, and recommendations to senior military officers, staffs and students as they participate in war games, warfighting courses, operational planning, operational exercises, and decision-making exercises.

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

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

DTRA.

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

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

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

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

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

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

(2) US Department of Health and Human Services (DHHS) and US Department of Agriculture, Select Agent Program(s), 42 CFR 73, 9 CFR 121, and 7 CFR 331; and

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

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

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

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

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

(4) International Air Transport Association Dangerous Goods Regulations;

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

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

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

The following companies may have access to contractor information, technical data or computer software that may be marked as proprietary or otherwise marked with restrictive legends: Suntiva LLC (contract specialist support);

Systems Research and Analysis (SRA, managing JPRAS); ITT Corporation (DTRIAC Technical Engineering

Services); and TASC (advisory and assistance services). Each contract contains organizational conflict of interest provisions and/or includes contractual requirements for non-disclosure of proprietary contractor information or data/software marked with restrictive legends. The contractor, by submitting a proposal or entering into this contract, is deemed to have consented to the disclosure of its information to Suntiva LLC, SRA, ITT Corp., and

TASC under the conditions and limitations described herein.

252.216-9003 CONSULTANTS (OCT 1998)

Services of consultants shall be at rates and for periods approved in advance by the Contracting Officer.

Requests for approval shall be submitted to the Contracting Officer sufficiently in advance of the need to use a consultant under this Contract. The request shall include (a) a copy of the proposed consultant agreement, (b) a brief biography of the consultant, and (c) an indication of the area(s) in which consultant's expertise will be utilized and why it is essential for contract performance. In addition, significant deviations from the dollar amount approved for consultant services, or changes in the consultants to be utilized, must likewise be approved in advance upon submission of adequate justification.

252.223-9002 PROTECTION OF HUMAN SUBJECTS (AUG 2010)

All research under this contract involving human subjects must be conducted in accordance with 32 CFR 219, 10

USC 980, and DoDD 3216.02, as well as other applicable federal and state regulations. Contractors must be cognizant of and abide by the additional restrictions and limitations imposed on the DoD regarding research involving human subjects, specifically as regards vulnerable populations (32 CFR 219 modifications to subparts B-

D of 45 CFR 46), recruitment of military research subjects (32 CFR 219), and surrogate consent (10 USC 980).

Defense Threat Reduction Agency (DTRA) Directive 3216.01 establishes the DTRA Human Subjects Protection

Program, sets forth the policies, defines the applicable terms, and delineates the procedures necessary to ensure

DTRA compliance with federal and DoD regulations and legislation governing human subject research. The regulations mandate that all DoD activities, components, and agencies protect the rights and welfare of human subjects of study in DoD-supported research, development, test and evaluation, and related activities hereafter referred to as “research”. The requirement to comply with the regulations applies to new starts and to continuing research.

The DTRA directive requires that research using human subjects may not begin or continue until the Defense Threat

Reduction Agency’s Research Oversight Board (ROB) has reviewed and approved the proposed protocol.

Contractors and subcontractors are required to submit a valid federal assurance for their organization (institution, laboratory, facility) that has been issued by either DoD or the Department of Health and Human Services, and documentation of review of proposed protocols by the local Institutional Review Board (IRB) to include consent forms for any planned research using human subjects to the DTRA ROB for its review through the contracting officer’s representative (if assigned) or the contracting officer. The ROB review is separate from, and in addition to, local IRB review.

Written approval to begin research or subcontract for the use of human subjects under the proposed protocol will be provided in writing from the DTRA ROB, through the contracting officer. A copy of this approval shall be maintained by both the contractor and the government. Any proposed modifications or amendments to the approved protocol or consent forms must be submitted to the local IRB and the DTRA ROB for review and approval.

Examples of modifications/amendments to the protocol include but are not limited to:

1) a change of the Principal Investigator

2) changes in duration or intensity of exposure to some stimulus or agent

3) changes in the information requested of volunteers, or changes to the use of specimens or data collected

4) changes in perceived or measured risks or benefits to volunteers that require changes to the study

Research pursuant to such modifications or amendments shall not be initiated without IRB and ROB approval except when necessary to eliminate apparent and immediate hazards to the subject(s).

Research projects lasting more than one year require IRB review at least annually, or more frequently as required by the responsible IRB. ROB review and approval is required annually. The contractor or subcontractor must provide documentation of continued IRB review of protocols for ROB review and approval in accordance with the Contract

Data Requirements List. Research must not continue without renewed ROB approval unless necessary to eliminate apparent and immediate hazards to the subject(s).

Non-compliance with any provision of this clause may result in withholding of payments under the contract pursuant to the contract’s payments clause(s) and/or contract termination pursuant to the contract’s termination clause(s). The government shall not be responsible for any costs incurred for research involving human subjects prior to protocol approval by the ROB.

252.235-9000 SOURCES OF INFORMATION (JULY 2000)

a. The results of the research to be delivered to the Government under this Contract shall embody the most recent reliable information in the field which is available to the Contractor from private and governmental sources, and the

Contractor agrees to utilize all sources of such information available to it. In this connection, information in this field which is in the control of DTRA shall, with the consent of the Contracting Officer's Representative (COR) and under such safeguards and procedures as he/she may prescribe, be made available to the Contractor on request.

Additionally, the Contractor is encouraged to make use of the resources available through the Defense Threat

Reduction Information Analysis Center (DTRIAC), 1680 Texas Street, Southeast, Kirtland AFB, New Mexico

87117.

b. Reasonable assistance in obtaining access to information, or in obtaining permission to use Government or private facilities, will be given to the Contractor by DTRA. Specifically, the Contractor must register with the

Defense Technical Information Center, ATTN: DTIC, 8725 John J. Kingman Road, Suite 0944, Fort Belvoir, VA

22060-6218, in accordance with Defense Logistics Agency (DLA) Regulation 4185.10, Certification and

Registration for Access to DoD Defense Technical Information. DD Form 1540, the registration form, shall be forwarded to the DTRA Contracting Officer for approval (DFARS 35.010(b)).

252.235-9001 PROHIBITION OF USE OF LABORATORY ANIMALS (JULY 2010) (DTRA)

The contractor shall obtain approval from the US Army Medical Research and Material Command (MRMC), Animal Care and Use Review Office (ACURO) prior to conducting research on live nonhuman vertebrates. Studies involving non-human primates, dogs, cats, or marine mammals will require a site visit by an ACURO laboratory animal veterinarian as a condition of approval. DoD may also conduct site visits involving research on other animals when deemed appropriate. The animal research facility is responsible for notifying the DoD sponsor if Association for the Assessment and Accreditation of

Laboratory Animal Care accreditation is lost or the facility is under USDA inspection. DoD also has the right to a site inspection under these circumstances.

The contractor (including subcontractors) is expressly forbidden to use laboratory animals in any manner whatsoever without the express written approval of MRMC ACURO.

The contractor shall complete the ACURO Animal Use Appendix for Research Involving Animals found at the following web site: https://mrmc-www.army.mil/index.cfm?pageid=Research_Protections.acuro_AnimalAppendix. Submit the completed ACURO appendix, contact information, the DTRA contract number and a copy of the contract for processing to the email address listed at the ACURO website. Once ACURO approves the effort, the contractor will receive written approval to begin animal use from the US Army MRMC ACURO by separate email. The contractor shall promptly provide a copy of the approval to the contracting officer and contracting officer representative. After approval, changes or protocol amendments must be submitted to and approved by ACURO before implementation.

https://mrmc-www.army.mil/index.cfm?pageid=Research_Protections.acuro_AnimalAppendix

The contractor, or subcontractors as appropriate, shall submit the most recent U.S. Department of Agriculture Animal Care

Inspection Report annually in accordance with the CDRL.

Non-compliance with any provision of this clause may result in the termination of the contract.

252.242-9000 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

1. As required by FAR Part 42.1503, and DTRA policy for the Contractor Performance Assessment Reporting

System (CPARS) and Past Performance Automated Information System (PPAIS) effective July, 2001, the

Government shall complete a CPAR each year of the period of performance of this contract. The contractor will have an opportunity to provide their comments in each CPAR before it is finalized. In accordance with DTRA

CPARS policy the completed CPARs will be entered into the Department of Defense Past Performance Automated

Information System (PPAIS), a retrieval system for source selection teams to access the CPARs of contractors' performance. The DTRA CPARS and PPAIS policy includes an explanation of the process and procedures that will be utilized under this contract. A copy is available for contractor reference via the DTRAlink (www.dtra.mil) by accessing Acquisition, How We Do Business.

2. The CPARs shall occur annually in accordance with the schedule established below:

(i) Initial CPAR: 12 months after contract start date (date performance begins)

TBD (by PCO)

(ii) Interim CPAR(s) will be performed annually on the anniversary of the contract start date according to the following schedule:

TBD (by PCO)

(iii) A Final CPAR will be completed upon contract termination, transfer of program management/contract management responsibility outside of DTRA, the delivery of the final end item on contract and/or the completion of the performance period.

(iv) An Out-of-Cycle CPAR may be required when there is a significant change in performance that alters the assessment in one or more evaluation area(s). An Out-of-Cycle CPAR is optional and shall be processed in accordance with Attachment___

3. Each CPAR shall only cover the period elapsing from the last annual CPAR. The final CPAR shall not be used to summarize or "roll-up" the contractor's performance under the entire contract. Each annual CPAR and the final

CPAR together will comprise a total picture of contractor performance.

4. At the request of the Government, a verbal, informal review of the Contractor’s performance may be held 3-6 months before the completion of the Interim or Final Evaluation periods. This review entails discussing any problems or areas of concern regarding the Contractor’s performance to date. No written evaluation form or other formal documentation is required for this evaluation. It may be conducted with the Contractor by telephone, teleconference or face-to-face. This is designed to offer the Contractor an opportunity to correct known deficiencies or weaknesses prior to the formal written evaluation.

5. As set forth in DTRA CPARS policy, any disagreements between the Contractor and the Program Manager regarding the CPAR(s) that cannot be resolved shall be reviewed by the designated Reviewing Official prior to finalization of the CPAR.

6. Special Requirements for Indefinite Delivery Contracts (IDIQ and Requirements type), CPARs shall be processed (select one)

____ for all existing orders (combined) at the time the CPAR is processed

____ on an order-by-order basis

____ on a grouped order basis

7. The policy and procedures set forth in this clause and DTRA CPARS policy are not subject to "Disputes" as described in FAR Part 33.

252.247-9000 GOVERNMENT CONTRACTOR TRAVEL (JUL 2007)

The Joint Travel Regulation (JTR), Appendix E, Part I.A.1.b., states invitational travel applies to individuals acting in a capacity that is related directly to, or in connection with, official DOD activities;

however, this does not include a contractor’s employee traveling in the performance of the contract.

Appendix E, Part I.B.4. RESTRICTIONS, further states invitational travel must not be authorized for contractors. Appendix E, Part III states neither the JFTR nor the JTR may be used as official contractor travel regulations as they apply to uniformed personnel and Defense Department civilian employees and contain provisions, the use of which is illegal by contractors. The JTR can be viewed at https://secureapp2.hqda.pentagon.mil/perdiem

Discounts may be obtained for some travel related services (identified below); however, commercial vendors are under no obligation to extend Government rates for the Government’s travel and transportation programs to contractors working on behalf of the Federal Government. Contractors must contact their Contracting Officer Representative (COR) to obtain a Government Contractor Official

Travel Letter of Identification, signed by the authorizing Contracting Officer.

Contract City-Pair Air Passenger Transportation Program and Other Government Fares. Use of GSA contract city-pair air passenger fares is governed by GSA’s contracts with the airlines and by the Defense

Transportation Regulation (DOD 4500.9-R), Part I, Chapter 103. Use of other airfares reserved for

Government employees on official business is governed by the airline fare structure and rules.

Government contractors are not eligible to participate in the GSA city-pairs program for air passenger transportation services as of October 1, 1998.

Rail Service. Commercial passenger rail vendors may voluntarily offer discount rates to contractors traveling who are on official Government business at the vendor’s discretion.

Lodging Programs. GSA and Services’ lodging programs may voluntarily offer discount rates to contractors who are on official Government business at the vendor’s discretion.

Car Rental Program. Military Surface Deployment and Distribution Command (SDDC) negotiates special rate agreements with car rental companies available to all Government employees and uniformed personnel while traveling on official Government business. Some commercial car rental companies may voluntarily offer similar discount rates to Government contractors at the vendor's discretion.

https://secureapp2.hqda.pentagon.mil/perdiem

Section I - Contract Clauses

52.202-1 Definitions JAN 2012

52.203-3 Gratuities APR 1984

52.203-5 Covenant Against Contingent Fees APR 1984

52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006

52.203-7 Anti-Kickback Procedures OCT 2010

52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or

Improper Activity

JAN 1997

52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity JAN 1997

52.203-12 Limitation On Payments To Influence Certain Federal

Transactions

OCT 2010

52.203-13 Contractor Code of Business Ethics and Conduct APR 2010

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

Content Paper

MAY 2011

52.204-7 Central Contractor Registration DEC 2012

52.204-10 Reporting Executive Compensation and First-Tier

Subcontract Awards

AUG 2012

52.204-13 Central Contractor Registration Maintenance DEC 2012

52.209-6 Protecting the Government's Interest When Subcontracting

With Contractors Debarred, Suspended, or Proposed for

Debarment

DEC 2010

52.209-9 Updates of Publicly Available Information Regarding

Responsibility…