HDTRA1-16-R-0027_SF33_CTRICIII_DRAFT_RFP.docx

HDTRA1-16-R-0027

Section B - Supplies or Services and Prices

Cost Plus Award Fee

CPAF

FOB: Destination

MAX COST

BASE FEE

SUBTOTAL MAX COST + BASE

MAX AWARD FEE

TOTAL MAX COST + FEE

PSC Code: R799

Cost Plus Fixed Fee

CPFF

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

Cost Plus Incentive Fee

CPIF

TARGET COST

TARGET FEE

TOTAL TGT COST + FEE

MINIMUM FEE

MAXIMUM FEE

SHARE RATIO ABOVE TARGET

SHARE RATIO BELOW TARGET

Cost

COST

MAX COST

Firm Fixed Price

FFP

NET AMT

Firm Fixed Price Level of Effort

FFP-LOE

NET AMT

CEILING PRICE

Time and Materials T&M

TOT MAX PRICE

CEILING PRICE

CPAF

MAX COST

BASE FEE

SUBTOTAL MAX COST + BASE

MAX AWARD FEE

TOTAL MAX COST + FEE

CPFF

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

CPIF

TARGET COST

TARGET FEE

TOTAL TGT COST + FEE

MINIMUM FEE

MAXIMUM FEE

SHARE RATIO ABOVE TARGET

SHARE RATIO BELOW TARGET

UNDEFINED

COST

MAX COST

Lot

FFP

NET AMT

Lot

FFP-LOE

NET AMT

CEILING PRICE

Lot

T&M

TOT ESTIMATED PRICE

CEILING PRICE

SECTION B ADDENDUM

B1 CONTRACT MINIMUM/MAXIMUM ORDERING LIMITS

(a) This is an Indefinite Quantity contract as contemplated by FAR 16.504. The total scope of the technical scope for which order may be issued is set forth in the Cooperative Threat Reduction Integrating Contract III (CTRIC III) Statement of Objectives (SOO). The maximum dollar amount the Government may order under this program (sum of all awardee orders) is $980,000,000.00. The minimum order guarantee is $500,000.00 for each contract holder (exclusive of the total awarded for Task Order 0001).

(b) MULTIPLE AWARDS The Governemt plans to award up to six Indefinite Delivery/Indefinite Quantity (IDIQ) contracts for supplies and services in this schedule. These Multiple Year contracts will cover the CTRIC III Program as described in the CTRIC III SOO. The contracts will be for a five year basic ordering period and an optional three year ordering period.

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

C1 DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

The Contractor shall provide the supplies and/or services set forth in Section B, in accordance with the following:

a. Statement of Objectives entitled “Cooperative Threat Reduction Integrating Contract III (CTRIC III)”, dated November 3, 2016, Attachment 1.

b. Contract Data Requirements List (DD Form 1423), Exhibit A.

Section D - Packaging and Marking

References:

1. DoD Materiel Management Regulation (DoD 4140.1-R

2. Title 49 CFR – Hazardous Material Regulations

3. International Air Transport Association (IATA) Dangerous Goods Regulations (DGR)

4. International Maritime Dangerous Goods (IMDG) Code

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

F1 PERIOD OF PERFORMANCE

F1 PERIOD OF PERFORMANCE

Basic Contract Ordering Period/Contract Period of Performance (Applicable to CLINs 0001 through 0007):

Contract order period shall commence upon receipt of a fully executed contract and continue through sixty (60) months after contract award.

Option Period of Performance (Applicable to CLINs 1001 through 1007):

Option ordering, if exercised, period shall commence ad the end of the sixty (60) month base period of the contract and continue for thirty-six (36) months thereafter.

Contract Completion The Period of Performance of Task Orders may extend up to thirty-six (36) months after the last day of the ordering period.

DELIVERY INFORMATION

17-APR-2023

17-APR-2023

17-APR-2023

17-APR-2023

17-APR-2023

17-APR-2023

17-APR-2023

17-APR-2026

02-APR-2026

02-APR-2026

17-APR-2026

17-APR-2026

17-APR-2026

17-APR-2026

Section G - Contract Administration Data

CLAUSES INCORPORATED BY FULL TEXT

252.201-9000 PROJECT MANAGER (SEP 2013)

The Project Manager for this requirement is:

__X___ ___TBD____________

DTRA/_____

8725 John J. Kingman Rd, MS 6201 Fort Belvoir VA 22060-6201 Telephone number (703) ___-____ e-mail address____________@mail..mil.

WAWF Acceptor DoDAAC: HDTRA1

(End of Clause)

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

The POC in the Procuring Contracting Office for this contract action is ________TBD_____________, Contract Specialist, DTRA-_____, telephone number (___) ___-____, email address _________________@mail.mil.

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

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

(End of clause)

252.232-9012 - Invoicing, Receipt, Acceptance, and Property Transfer (iRAPT) formally (WAWF) – RECEIPT AND ACCEPTANCE (RA) INSTRUCTIONS (OCT 2015)

(a) As prescribed in DFARS clause 252.232-7003 Electronic Submission of Payment Requests (Jun 2012), 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 Invoicing, Receipt, Acceptance, and Property Transfer (iRAPT) for contractors to submit electronic payment requests and receiving reports. The contractor shall submit electronic payment requests and receiving reports via (iRAPT). 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 iRAPT. To access (iRAPT), go to https://wawf.eb.mil.

For questions, contact the DTRA iRAPT Team at dtra.belvoir.J4-8C.mbx.dtra-wawf-help@mail.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 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 and Service Approver DoDAAC field in iRAPT.

(c) iRAPT Contractor Input Information:

The contractor shall use the following information in creating electronic payment requests in (iRAPT):

Invoice Type in iRAPT:

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 iRAPT Routing Information, See Table Below:

Located in Block/Section

INSPECTION AND ACCEPTANCE

INSPECTION AND ACCEPTANCE

(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.

Final Cost Vouchers - Once the final DCAA audit is complete for cost reimbursable contracts and authorization from DCAA is received, submit the final cost voucher to dtra.belvoir.J4-8C.mbx.closeouts@mail.mil .

**DO NOT SUBMIT FINAL VOUCHERS (ENDING IN “Z”) VIA iRAPT, submit only to the e-mail listed above.

(e) WAWF e-Business Suite Training may be accessed online at https://wawftraining.eb.mil/wbt/. To practice creating documents in iRAPT, 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://wawf.eb.mil. Your contract number and shipment/invoice number will be required to check status of your payment.

Note: For specific invoice related inquiries, email: dtra.belvoir.j4-8c.mbx.vendor-pay@mail.mil. Vendors shall forward any additional DTRA related iRAPT questions to dtra.belvoir.J4-8C.mbx.dtra-wawf-help@mail.mil.

(f) DCMA Administered Contract exceptions are as follows:

For iRAPT Routing Information, See Table Below:

Located in Block/Section

Final Cost Vouchers - Once the final DCAA audit is complete for cost reimbursable contracts and authorization from DCAA is received, submit the final cost voucher to the DCMA Office identified on the contract.

Note2: For specific invoice related inquiries, please contact the DCMA office identified on the contract. Vendors shall forward any additional DTRA related iRAPT questions to dtra.belvoir.J4-8C.mbx.dtra-wawf-help@mail.mil.

End of clause

Section H - Special Contract Requirements

H1. ORDERING PROCEDURES

A. All CTRIC III contractors will be provided a fair opportunity for consideration of each task order (TO) award unless the Contracting Officer determines that an Exception to Fair Opportunity (ETFO) exists. If the Contracting Officer determines an ETFO exists, the number of CTRIC III contractors may be limited to one or more eligible to submit proposals. The Contracting Officer will determine whether an ETFO exists based on the requirements in law and regulation. Even if the Contracting Officer determines an ETFO exists, the Contracting Officer will select one of the procedures in paragraph B. to award the task order.

B. Task orders will typically be awarded using one of the three following procedures.

1. Full Proposal – The CTRIC III Contractor(s) will be sent a Request for Proposal (RFP) letter. The RFP will discuss the terms and conditions of the TO, an overview of the work involved, instructions to offerors, and evaluation criteria. The RFP will also include either a Statement of Objectives (SOO) or Statement of Work (SOW) and any other relevant material. The contractor(s) will be expected to submit a full cost and technical proposal. Specific instructions detailing what must be included with the proposal and when proposals must be submitted will be included in the RFP and tailored to each requirement. At a minimum, each RFP will require the contractor to provide:

a. Comprehensive technical and management approach to accomplish the TO

b. Proposed schedule for completing the TO

c. Detailed cost or pricing in accordance with the RFP instructions

When utilizing the Full Proposal process, the Government intends to award the task order without discussions although the Government does reserve the right to hold discussions when deemed necessary by the Contracting Officer.

2. Down Select – The CTRIC III Contractor(s) will be sent an RFP letter. The RFP letter will include the same/similar information defined in the RFP letter in B1 above, but the level of detail both in the RFP letter and in the contractor(s) response may be less detailed as described below:

1. The Government will release an RFP to CTRIC III contractors soliciting a Top Level Work Plan (TLWP).

1. Based on the SOO or SOW, the Contractors provide Top-level Work Plans that shall include the following information at a minimum:

1. Executive Summary Work Plan. Normally 5 pages, outlining the Contractors concept of approach to satisfy the Government's technical and performance requirements.

1. Top level cost estimate broken out by:

1. Labor

1. Materials

1. Equipment

1. Other Direct Costs (ODC)

1. Travel

1. Subcontract

1. Indirect

1. Specify any fee/profit

1. Total estimated price

1. Estimated Period of Performance

1. The Government will evaluate the Top-level Work Plans, the Offeror’s past performance on this and other similar contracts, and the cost estimate, unless otherwise specified by the Task Order RFP.

1. The Government will select the proposal that offers the best value to the Government taking into consideration all evaluation criteria and the proposed cost or price. The selection of the awardee may occur before the final value of the contract is determined because the final contract value is subject to discussions as outlined in paragraph (5) below.

1. The Contracting Officer and Technical Representative(s) will evaluate the submission and select one contractor. The unsuccessful offerors will be notified. The Government reserves the right to negotiate the proposed price or cost prior to award to ensure that the price or cost is affordable to the Government and that the proposal in its entirety is tailored to the specifications of the requirement. The specifications may not be finalized until after Task Order selection.

When utilizing the Down Select process, the Government intends to enter into discussions with the contractor who is down selected prior to award. The Government reserves the right to award without discussions when necessary.

3. Rapid Response – The Government may have requirements that demand an extremely quick turnaround. In order to support the Government’s mission, successful CTRIC III Contractors must be able to respond quickly to Rapid Response requirements. In deciding whether to use this ordering procedure, the Contracting Officer will consider the following criteria:

a. The level of effort required

b. Period of Performance: less than one year.

If all of the criteria listed above are met, the Contracting Officer may utilize the Rapid Response procedures described below:

1. The CTRIC III Contractor(s) will be sent an RFP letter which will include the same/similar information described in B1 above.

1. The proposal, at a minimum, must provide the following along with any specific details outlined in the RFP:

0. Mission capability, no more than five (5) page, outlining the Offeror’s concept of approach to satisfy the Government's technical and performance requirements.

0. Cost estimate broken out by:

1. Direct Labor

1. Materials

1. Equipment

1. Other Direct Costs (ODC)

1. Travel

1. Subcontract

1. Indirect

1. Specify any fee/profit

1. Total estimated price

1. Estimated Period of Performance

1. The government will evaluate the proposals received by the proposal due date and award the TO based on the submissions received.

When utilizing the Rapid Response process, the Government intends to award the task order without discussions although the Government does reserve the right to hold discussions when necessary.

1. Rapid Response Process 1: Materiel buy:

0. The contractors will be expected to submit a proposal within five (5) business days of RFP release, unless otherwise directed by the TO RFP.

0. CLIN Structure

1. CLIN 0001 – PMO, FFP

1. CLIN 0002 – Tasking (line item type is determined at TO level)

3. Rapid Response Process 2: Service buy: Used for efforts which enhance the knowledge and capabilities of the USG or partner nations, such as training, assessments and lab planning, strategy development workshops, or research studies, may include light equipping

1. The contractors will be expected to submit a proposal within ten (10) business days of RFP release, unless otherwise directed by the TO RFP.

1. CLIN Structure

1. CLIN – PMO, travel

1. CLIN - Tasking

The Contracting Officer may deviate from these processes in developing appropriate order placement procedures. The Contracting Officer shall utilize FAR 16.505(b) as a guideline if a deviation to the order placement procedures is intended. Regardless of which procedure is utilized, all proposals shall be submitted by the time specified in the RFP.

C. Unless explicitly specified in the ordering procedures at paragraph B. above, evaluation factors for Task Order award will be determined at the task order level and specified in the RFP letter.

D. Under the provisions of 10 U.S.C. 2304, a protest is not authorized in connection with the issuance or proposed issuance of an individual Task Order under $10 million, except for a protest on the grounds that the order increases the scope, period, or maximum value of the contract under which the order is issued.

E. For this contract, the designated Task Order ombudsman is Mr. Edward Archer, DTRA/J48SB, (703) 767-7889. The Task Order ombudsman is responsible for reviewing complaints from multiple award Contractors and ensuring that all of the Contractors are afforded a fair opportunity to be considered for Task Orders consistent with procedures in the contract. However, it is not within the designated Task Order contract ombudsman's authority to prevent the issuance of an order or disturb an existing order.

F. This clause does not guarantee the Contractor issuance of any Task Order above the minimum guarantees stated in Section B of this contract.

H2 RAMP-OFF/RAMP-ON PROCEDURES - TBD

H3 ENVIRONMENT, HEALTH, AND SAFETY

In the performance of Task Orders issued under this contract, awardees shall comply with all applicable environmental, health, and safety laws of the United States. Contract activity performed outside the United States shall also be performed in compliance with all applicable laws and regulations of the host nation with regard to the environment, health, and safety. In the event of conflict between US and host nation requirements, the Contractor shall comply with those which are more stringent.

H4 PROHIBITED CONTRACTOR(S) AND COMPANIES

Under no circumstances shall the contractor 1) procure or enter into any contract for the procurement of any goods, technology or services, 2) provide any assistance or obligate funds for such purpose, and 3) import into the United States any goods, technology, or services produced or provided by any individual or company listed on the U.S. Department of State, Directorate of Defense Trade Controls, list of debarred parties. This list can be accessed at http://www.pmddtc.state.gov/compliance/debar_intro.html. Also cross reference requirements at FAR Clause 52.225-13 under Section I of this document.

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)

1. 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:

0. 29 Code of Federal Regulations 1910, Occupational Health and Safety;

0. 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

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

1. 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);

1. 49 CFR 172 and 173 (Department of Transportation);

1. 9 CFR 122 (USDA Restricted Animal Pathogens);

1. International Air Transport Association Dangerous Goods Regulations;

1. The United States Postal Service shall not be used for transportation of BDRP related etiologic agents; and

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

252.209-9000 ORGANIZATIONAL CONFLICTS OF INTEREST (FEB 2011)

a. Purpose. The primary purpose of this Clause is to aid in ensuring that: (1) the Contractor's objectivity and judgment are not biased because of its past, present, or currently planned interests (financial, contractual, organizational, or otherwise) which relate to work under this Contract, (2) the Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public information regarding the Government's program plans and actual or anticipated resources, and (3) by virtue of its access to proprietary information belonging to others, the Contractor does not obtain any unfair competitive advantage.

b. Scope. The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this Clause as prime contractor, subcontractor, cosponsor, joint venturer, consultant, or in any similar capacity.

(1) Maintenance of Objectivity: The Contractor shall be ineligible to participate in any capacity in contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the Contractor's performance of work under this Contract. Furthermore, unless so directed in writing by the Contracting Officer, the Contractor shall not perform any services under this Contract on any of its own products or services, or the products or services of another firm if the Contractor is, or has been, substantially involved in their development or marketing. In addition, if the Contractor under this Contract prepares a complete, or essentially complete, Statement of Work to be used in competitive acquisitions, the Contractor shall be ineligible to perform or participate in any capacity in any contractual effort which is based on such Statement of Work or specifications. Nothing in this subparagraph shall preclude the Contractor from competing for follow-on contracts.

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

(3) Access To and Protection of Proprietary Information: The Contractor agrees that, to the extent it receives or is given access to proprietary data, trade secrets, or other confidential or privileged technical, business, or financial information (hereinafter referred to as "proprietary data") under this Contract, it shall treat such information in accordance with any restrictions imposed on such information. The Contractor further agrees to enter into a written agreement for the protection of the proprietary data of others and to exercise diligent effort to protect such proprietary data from unauthorized use or disclosure. A copy of each such written agreement shall be furnished to the Contracting Officer. In addition, the Contractor shall obtain from each employee who has access to proprietary data and Government information (defined in subparagraph b(2)) under this Contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the Contractor or thereafter, disclose to others or use for their benefit, proprietary data received in connection with the work under this Contract.

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

d. Representations and Disclosures:

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

(2) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract, prompt and full disclosure shall be made in writing to the Contracting Officer which shall include a description of the action the Contractor has taken or proposes to take to avoid or mitigate such conflicts.

e. Remedies and Waiver:

(1) For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed during this contract, the Government may terminate this contract for default, disqualify the Contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the Contractor discovers and promptly reports an organizational conflict of interest (or potential therefore) subsequent to contract award, the Contracting Officer may terminate this contract for convenience if such termination is deemed to be in the best interest of the Government.

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

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

g. Termination: The restrictions imposed by paragraph b(1) of this clause will terminate one year after final payment on this contract. Restrictions upon use of government information and the requirement to protect proprietary information are permanent.

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

252.209-9003 NON-GOVERNMENT SUPPORT PERSONNEL (APR 2011)

Select DTRA-employed support contractors may have access to contractor information, technical data or computer software that may be marked as proprietary or otherwise marked with restrictive legends. Each DTRA support contractor performs under a contract that contains organizational conflict of interest provisions and/or includes contractual requirements for nondisclosure of proprietary contractor information or data/software marked with restrictive legends. These contractors require access while providing DTRA such support as advisory and assistance services, contract specialist support, and support of the Defense Threat Reduction Information Analysis Center (DTRIAC). The contractor, by submitting a proposal or entering into this contract, is deemed to have consented to the disclosure of its information to DTRA’s support contractors.

The following are, at present, the prime contractors anticipated to access such documentation: A&AS Support: Booz Allen Hamilton and Subcontractors At-Risk, BAI, Inc. Culmen, Dade Moeller, Engility, GS5, Millennium, Octant Associates, Roesler Thompson, SoundWay Consulting, T.H. Byce Consulting, Toeroek, TS2, WSP Group; and Contract Support: Tenica, LLC. This list is not all inclusive (e.g., subcontractors) and is subject to change.

252.223-9000 - REPORTING OF CONTRACTOR ACQUIRED RADIOACTIVE MATERIALS (AUG 2014)

In performance of this contract the contractor may be required to procure radioactive material(s). All such radioactive material(s) must be reported to the Contracting Officer as described below. The Contracting Officer will ensure applicable reports are provided to DTRA's Environment, Safety, & Occupational Health Division, (BDS), which is responsible for the tracking and control of DTRA-owned and DTRA-procured radioactive materials. It is the contractor's responsibility to identify all radioactive material(s) procured under this contract as follows:

(a) The Contractor shall immediately report to the Contracting Officer--

(1) All radioactive material(s) procured under this contract and not consumed in performance of this contract or delivered to the Government

(2) This report shall contain the following information about each source of radioactive material:

(i) Type (radioisotope) and activity of radioactive material

(ii) Calibration date

(iii) Manufacturer and model

(iv) Date when procured

(3) The Contractor is responsible for reporting all radioactive material(s) accountable to this contract, including any at subcontractor and alternate locations.

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

1. changes in duration or intensity of exposure to some stimulus or agent

1. changes in the information requested of volunteers, or changes to the use of specimens or data collected

1. 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.

252.223-9004 – Environmental, Radiation, Safety Notification, Compliance and Liability (JUN 2013)

1. Environmental, Radiation, and Safety Notification: The Contractor shall notify the Contracting Officer (CO) and Contracting Officer Representative (COR) of any occurrence of non-compliance with Environmental, Radiation, and Safety regulations that occur at any of the Contractor’s facilities at which government property is located as soon as practicable, but not later than 24 hours after identification of an incident. The Contractor shall make initial notification by telephone or email. Then, shall follow-up with a written report within 10 business days.

1. The Contractor shall notify the CO/COR of any external Environmental, Radiation, and Safety audits or inspections conducted at the facility and provide any reports resulting from the audit. The final report shall be provided to the CO/COR within 30 days following the audit.

1. The Contractor shall comply with all Federal, State, and local Environmental, Radiation, and Safety regulations, including, without limitation, statutes, ordinances, court orders, consent decrees, administrative orders, or compliance agreements applicable to the facilities where the Government Property is located.

1. The Contractor shall acquire all necessary permits, and licenses.

1. DTRA will not be responsible, financially or otherwise, for the investigation, monitoring, cleanup, containment, restoration, removal, or other remedial activity with respect to any hazardous substances present in the soil, ground water, or building(s) that (i) results from activities conducted by entities other than DTRA during the term of this contract, or (ii) results from activities conducted pursuant to any contract, lease, or occupancy agreement that is not associated with DTRA-owned property or activities.

252.225-9076 INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS UNDER U.S. - REPUBLIC OF KOREA (ROK)(MAR 2008)

Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the U.S.-ROK Status of Forces Agreement (SOFA) as implemented by United States Forces Korea (USFK) Reg 700-19, which can be found under the “publications” tab on the US Forces Korea homepage http://www.usfk.mil

(a) Definitions. As used in this clause—

“U.S. – ROK Status of Forces Agreement” (SOFA) means the Mutual Defense Treaty between the Republic of Korea and the U.S. of America, Regarding Facilities and Areas and the Status of U.S. Armed Forces in the Republic of Korea, as amended

“Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. In Korea, the Combatant Commander is the Commander, United States Pacific Command.

“United States Forces Korea” (USFK) means the subordinate unified command through which US forces would be sent to the Combined Forces Command fighting components.

“Commander, United States Forces Korea” (COMUSK) means the commander of all U.S. forces present in Korea. In the Republic of Korea, COMUSK also serves as Commander, Combined Forces Command (CDR CFC) and Commander, United Nations Command (CDR UNC).

“USFK, Assistant Chief of Staff, Acquisition Management” (USFK/FKAQ) means the principal staff office to USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third Country contractors under the Invited Contractor (IC) and Technical Representative (TR) Program (USFK Reg 700-19).

“Responsible Officer (RO)” means a senior DOD employee (such as a military E5 and above or civilian GS-7 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics support for IC/TRs during contract performance in the ROK.

(b) IC or TR status under the SOFA is subject to the written approval of USFK, Assistant Chief of Staff, Acquisition Management (FKAQ), Unit #15237, APO AP 96205-5237.

(c) The contracting officer will coordinate with HQ USFK/FKAQ, IAW FAR 25.8, and USFK Reg 700-19. FKAQ will determine the appropriate contractor status under the SOFA and notify the contracting officer of that determination.

(d) Subject to the above determination, the contractor, including its employees and lawful dependents, may be accorded such privileges and exemptions under conditions and limitations as specified in the SOFA and USFK Reg 700-19. These privileges and exemptions may be furnished during the performance period of the contract, subject to their availability and continued SOFA status. Logistics support privileges are provided on an as-available basis to properly authorized individuals. Some logistics support may be issued as Government Furnished Property or transferred on a reimbursable basis.

(e) The contractor warrants and shall ensure that collectively, and individually, its officials and employees performing under this contract will not perform any contract, service, or other business activity in the ROK, except under U.S. Government contracts and that performance is IAW the SOFA.

(f) The contractor’s direct employment of any Korean-National labor for performance of this contract shall be governed by ROK labor law and USFK regulation(s) pertaining to the direct employment and personnel administration of Korean National personnel.

(g) The authorities of the ROK have the right to exercise jurisdiction over invited contractors and technical representatives, including contractor officials, employees and their dependents, for offenses committed in the ROK and punishable by the laws of the ROK. In recognition of the role of such persons in the defense of the ROK, they will be subject to the provisions of Article XXII, SOFA, related Agreed Minutes and Understandings. In those cases in which the authorities of the ROK decide not to exercise jurisdiction, they shall notify the U.S. military authorities as soon as possible. Upon such notification, the military authorities will have the right to exercise jurisdiction as is conferred by the laws of the U.S.

(h) Invited contractors and technical representatives agree to cooperate fully with the USFK Sponsoring Agency (SA) and Responsible Officer (RO) on all matters pertaining to logistics support and theater training requirements. Contractors will provide the assigned SA prompt and accurate reports of changes in employee status as required by USFK Reg 700-19.

(i) Theater Specific Training. Training Requirements for IC/TR personnel shall be conducted in accordance with USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK. IC/TR personnel shall comply with requirements of USFK Reg 350-2.

(j) Except for contractor air crews flying Air Mobility Command missions, all U.S. contractors performing work on USAF classified contracts will report to the nearest Security Forces Information Security Section for the geographical area where the contract is to be performed to receive information concerning local security requirements.

(k) Invited Contractor and Technical Representative status may be withdrawn by USFK/FKAQ upon:

(1) Completion or termination of the contract.

(2) Determination that the contractor or its employees are engaged in business activities in the ROK other than those pertaining to U.S. armed forces.

(3) Determination that the contractor or its employees are engaged in practices in contravention to Korean law or USFK regulations.

(l) It is agreed that the withdrawal of invited contractor or technical representative status, or the withdrawal of, or failure to provide any of the privileges associated therewith by the U.S. and USFK, shall not constitute grounds for excusable delay by the contractor in the performance of the contract and will not justify or excuse the contractor defaulting in the performance of this contract. Furthermore, it is agreed that withdrawal of SOFA status for reasons outlined in USFK Reg 700-19, Section II, paragraph 6 shall not serve as a basis for the contractor filing any claims against the U.S. or USFK. Under no circumstance shall the withdrawal of SOFA Status or privileges be considered or construed as a breach of contract by the U.S. Government.

(m) Support.

(1) Unless the terms and conditions of this contract place the responsibility with another party, the COMUSK will develop a security plan to provide protection, through military means, of Contractor personnel engaged in the theater of operations when sufficient or legitimate civilian authority does not exist.

(2)

(i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical or emergency dental treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract.

(n) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel supporting U.S Armed Forces in the Republic of Korea as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable—

(1) United States, host country, and third country national laws;

(2) Treaties and international agreements;

(3) United States regulations, directives, instructions, policies, and procedures; and

(4) Orders, directives, and instructions issued by the COMUSK relating to force protection, security, health, safety, or relations and interaction with local nationals. Included in this list are force protection advisories, health advisories, area (i.e. “off-limits”), prostitution and human trafficking and curfew restrictions.

(o) Vehicle or equipment licenses. IAW USFK Regulation 190-1, Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the theater of operations. All contractor employees/dependents must have either a Korean driver’s license or a valid international driver’s license to legally drive on Korean roads, and must have a USFK driver’s license to legally drive on USFK installations. Contractor employees/dependents will first obtain a Korean driver’s license or a valid international driver’s license then obtain a USFK driver’s license.

(p) Evacuation.

(1) If the COMUSK orders a non-mandatory or mandatory evacuation of some or all personnel, the Government will provide assistance, to the extent available, to United States…