HDTRA1-20-R-0005 1-27-20.docx

HDTRA120R0005

Section B - Supplies or Services and Prices

Lot

DTRA RDT&E Technical A&AS Services

CPFF

Defense Threat Reduction Agency (DTRA) Research, Development, Test and Evaluation (RDT&E) Technical Subject Matter Expertise (SME) Advisory and Assistance (A&AS) Support.

The contractor shall provide A&AS support as set forth in the Performance Work Statement (PWS). This Contract Line Item Number (CLIN) is for work as specified in the PWS in support of DTRA Departments (excluding Chemical and Biological Technologies) Research, Development, Test and Evaluation (RDT&E).

FOB: Destination

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CBDP RDT&E Technical A&AS Services

Chemical and Biological Defense Program (CBDP) Research, Development, Test and Evaluation (RDT&E) Technical Subject Matter Expertise (SME) Advisory and Assistance (A&AS) Support.

The contractor shall provide A&AS support as set forth in the Performance Work Statement (PWS). This Contract Line Item Number (CLIN) is for work as specified in the PWS in support of Chemical and Biological Technologies) Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

Contract Data Requirements List (CDRL)

The contractor shall provide the deliverables as set forth in Exhibit A, CDRLs, DD 1423. This CLIN is Not Separately Priced (NSP).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

The contractor shall provide Technical Subject Matter Expertise (SME) Advisory and Assistance Services (A&AS) support as set forth in the Performance Work Statement (PWS). This CLIN is for work as specified in PWS in support of DTRA Departments (excluding Chemical and Biological Technologies) Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

The contractor shall provide Technical Subject Matter Expertise (SME) Advisory and Assistance Services (A&AS) support as set forth in the Performance Work Statement (PWS). This CLIN is for work as specified in PWS in support of DTRA Chemical and Biological (CB) Department Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

Defense Threat Reduction Agency (DTRA) Research, Development, Test and Evaluation (RDT&E) Technical Subject Matter Expertise (SME) Advisory and Assistance (A&AS) Support.

The contractor shall provide A&AS support as set forth in the Performance Work Statement (PWS). This Contract Line Item Number (CLIN) is for work as specified in the PWS in support of DTRA Departments (excluding Chemical and Biological Technologies) Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

Chemical and Biological Defense Program (CBDP) Research, Development, Test and Evaluation (RDT&E) Technical Subject Matter Expertise (SME) Advisory and Assistance (A&AS) Support.

The contractor shall provide A&AS support as set forth in the Performance Work Statement (PWS). This Contract Line Item Number (CLIN) is for work as specified in the PWS in support of Chemical and Biological Technologies) Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

The contractor shall provide the deliverables as set forth in Exhibit A, CDRLs, DD 1423. This CLIN is Not Separately Priced (NSP).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

The contractor shall provide Technical Subject Matter Expertise (SME) Advisory and Assistance Services (A&AS) support as set forth in the Performance Work Statement (PWS). This CLIN is for work as specified in PWS in support of DTRA Departments (excluding Chemical and Biological Technologies) Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

The contractor shall provide Technical Subject Matter Expertise (SME) Advisory and Assistance Services (A&AS) support as set forth in the Performance Work Statement (PWS). This CLIN is for work as specified in PWS in support of DTRA Chemical and Biological (CB) Department Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

Defense Threat Reduction Agency (DTRA) Research, Development, Test and Evaluation (RDT&E) Technical Subject Matter Expertise (SME) Advisory and Assistance (A&AS) Support.

The contractor shall provide A&AS support as set forth in the Performance Work Statement (PWS). This Contract Line Item Number (CLIN) is for work as specified in the PWS in support of DTRA Departments (excluding Chemical and Biological Technologies) Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

Chemical and Biological Defense Program (CBDP) Research, Development, Test and Evaluation (RDT&E) Technical Subject Matter Expertise (SME) Advisory and Assistance (A&AS) Support.

The contractor shall provide A&AS support as set forth in the Performance Work Statement (PWS). This Contract Line Item Number (CLIN) is for work as specified in the PWS in support of Chemical and Biological Technologies) Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

The contractor shall provide the deliverables as set forth in Exhibit A, CDRLs, DD 1423. This CLIN is Not Separately Priced (NSP).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

The contractor shall provide Technical Subject Matter Expertise (SME) Advisory and Assistance Services (A&AS) support as set forth in the Performance Work Statement (PWS). This CLIN is for work as specified in PWS in support of DTRA Departments (excluding Chemical and Biological Technologies) Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

The contractor shall provide Technical Subject Matter Expertise (SME) Advisory and Assistance Services (A&AS) support as set forth in the Performance Work Statement (PWS). This CLIN is for work as specified in PWS in support of DTRA Chemical and Biological (CB) Department Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

Defense Threat Reduction Agency (DTRA) Research, Development, Test and Evaluation (RDT&E) Technical Subject Matter Expertise (SME) Advisory and Assistance (A&AS) Support.

The contractor shall provide A&AS support as set forth in the Performance Work Statement (PWS). This Contract Line Item Number (CLIN) is for work as specified in the PWS in support of DTRA Departments (excluding Chemical and Biological Technologies) Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

Chemical and Biological Defense Program (CBDP) Research, Development, Test and Evaluation (RDT&E) Technical Subject Matter Expertise (SME) Advisory and Assistance (A&AS) Support.

The contractor shall provide A&AS support as set forth in the Performance Work Statement (PWS). This Contract Line Item Number (CLIN) is for work as specified in the PWS in support of Chemical and Biological Technologies) Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

The contractor shall provide the deliverables as set forth in Exhibit A, CDRLs, DD 1423. This CLIN is Not Separately Priced (NSP).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

The contractor shall provide Technical Subject Matter Expertise (SME) Advisory and Assistance Services (A&AS) support as set forth in the Performance Work Statement (PWS). This CLIN is for work as specified in PWS in support of DTRA Departments (excluding Chemical and Biological Technologies) Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

The contractor shall provide Technical Subject Matter Expertise (SME) Advisory and Assistance Services (A&AS) support as set forth in the Performance Work Statement (PWS). This CLIN is for work as specified in PWS in support of DTRA Chemical and Biological (CB) Department Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

Defense Threat Reduction Agency (DTRA) Research, Development, Test and Evaluation (RDT&E) Technical Subject Matter Expertise (SME) Advisory and Assistance (A&AS) Support.

The contractor shall provide A&AS support as set forth in the Performance Work Statement (PWS). This Contract Line Item Number (CLIN) is for work as specified in the PWS in support of DTRA Departments (excluding Chemical and Biological Technologies) Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

Chemical and Biological Defense Program (CBDP) Research, Development, Test and Evaluation (RDT&E) Technical Subject Matter Expertise (SME) Advisory and Assistance (A&AS) Support.

The contractor shall provide A&AS support as set forth in the Performance Work Statement (PWS). This Contract Line Item Number (CLIN) is for work as specified in the PWS in support of Chemical and Biological Technologies) Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

The contractor shall provide the deliverables as set forth in Exhibit A, CDRLs, DD 1423. This CLIN is Not Separately Priced (NSP).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

The contractor shall provide Technical Subject Matter Expertise (SME) Advisory and Assistance Services (A&AS) support as set forth in the Performance Work Statement (PWS). This CLIN is for work as specified in PWS in support of DTRA Departments (excluding Chemical and Biological Technologies) Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

Lot

CPFF

The contractor shall provide Technical Subject Matter Expertise (SME) Advisory and Assistance Services (A&AS) support as set forth in the Performance Work Statement (PWS). This CLIN is for work as specified in PWS in support of DTRA Chemical and Biological (CB) Department Research, Development, Test and Evaluation (RDT&E).

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

CLAUSES INCORPORATED BY FULL TEXT

252.216-9000 LEVEL OF EFFORT (AUG 2010)

1. This Contract is a term form of contract within the meaning of FAR 16.306(d)(2). The Contractor shall devote the following level(s) of effort during the below listed time period(s):

CLIN 0001

12 months

CLIN 0002

12 months

CLIN 0004

12 months

CLIN 0005

12 months

CLIN 1001

12 months

CLIN 1002

12 months

CLIN 1004

12 months

CLIN 1005

12 months

CLIN 2001

12 months

CLIN 2002

12 months

CLIN 2004

12 months

CLIN 2005

12 months

CLIN 3001

12 months

CLIN 3002

12 months

CLIN 3004

12 months

CLIN 3005

12 months

CLIN 4001

12 months

CLIN 4002

12 months

CLIN 4004

12 months

CLIN 4005

12 months

* To Be Determined at Contract Award

1. Deviation(s) downward in any of the level(s) indicated above, within 10 percent, will have no effect on any other provision of this Contract, including the fixed fee as part of the consideration.

1. At any time that the Contractor has reason to believe that the deviation permitted by Paragraph b. above will be exceeded, the Contractor shall so advise the Contracting Officer for the purpose of obtaining his written consent to such deviation, or negotiating the appropriate change(s) to the cost, fixed fee, or contract period.

1. Prior to final payment of any amount of fixed fee due the Contractor hereunder, the Contractor shall provide to the Contracting Officer a certification that he has exerted the level(s) of effort required by Paragraphs a. and b., as from time-to-time amended, or as changed by written approval of the Contracting Officer.

(End of Clause)

Section C - Descriptions and Specifications

DESCRIPTIONS AND SPECIFICATION

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

a. The Performance Work Statement (PWS), entitled “Technical Subject Matter Expertise (SME) Performance Work Statement (PWS)” included as Attachment 1 to Section J.

b. Contract Data Requirements List (DD Form 1423), included as Exhibit A to Section J.

Section D - Packaging and Marking

SECTION D

(a) All data contained in Exhibit A, Contract Data Requirements Lists (CDRLs), DD Form 1423’s delivered under this contract shall be delivered using best commercial practices to meet the packaging requirements of the carrier and to ensure 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) shall be simultaneously provided to the Contracting Officer.

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

DELIVERY INFORMATION

Section G - Contract Administration Data

PAYMENT INSTRUCTIONS

The contracting officer shall insert the table at (b)(2), or a link to the table at (b)(2) https://www.acq.osd.mil/dpap/dars/pgi/pgi_htm/current/PGI204_71.htm#payment_instructions in Section G of the contract, or equivalent, including contracts with incrementally funded.

252.201-9000 PROJECT MANAGER (SEP 2013)

The Project Manager for this requirement is:

DTRA/_____

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

WAWF Acceptor DoDAAC: HDTRA1

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

The POC in the Procuring Contracting Office for this contract action is Ronald Laliberte, Contract Specialist, AL-ACS, telephone number (571) 616-6239, email address ronald.r.laliberte.civ@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)

252.232-9000 CONTRACT FUNDING PROFILE (OCT 1998)

Subject to FAR Clause 52.232-22, Limitation of Funds, the amount of $_____________ is obligated for work to be performed during the period beginning with contract award and continuing through _________________. Additional incremental funding planned, but not obligated, is:

FY____ $____________________

FY____ $____________________

FY____ $____________________

FY____ $____________________

252.232-9001 PRICES/COST (OCT 2007)

a. Subject to the provisions of the Clauses of this Contract entitled LIMITATION OF FUNDS (FAR 52.232-22), ALLOWABLE COST AND PAYMENT (FAR 52.216-7), and FIXED FEE (FAR 52.216-8), the total allowable cost under this Contract shall not exceed $________ A_____ _____, which is the total estimated cost of the Contractor's performance hereunder, exclusive of fixed fee. In addition, the Government shall pay the Contractor a fixed fee of $__________B_____________ for the performance of this Contract. It is understood and agreed that the Government's obligation is limited to INCREMENTAL FUNDING in the amount of $_________C____________. Within this amount ($________C_________), the fixed fee shall bear the same relationship to the total fixed fee, as the costs incurred bear to the total estimated cost.

b. Interim payment vouchers may be submitted for provisional payment pursuant to the Clauses of this Contract entitled ALLOWABLE COST AND PAYMENT (FAR 52.216-7), and FIXED FEE (FAR 52.216-8).

Fill in the dollar amounts as applicable:

A: $______________ B: $______________ C: $______________

252.237-9000 CONTRACT HOLIDAYS (JUN 2010)

(a) The price/costs in Section B of the contract include federal holiday observances; accordingly, the Government will not be billed for such holidays, except when services are required by the Government and are actually performed on the federal holiday.

(b) The following days are contract holidays:

(c) If a federal holiday listed above falls on a Saturday or Sunday, the official observance of the holiday will be on the previous Friday or the following Monday.

252.242-9003 - ASSIGNMENT OF CONTRACT ADMINISTRATION SERVICES (CAS) FUNCTIONS (NOV 2013)

1. The contract administration functions stated in FAR 42.302(a) are assigned to:

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.

Section H - Special Contract Requirements

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 venturer, consultant, or in any similar capacity. For the purpose of this clause, “affiliation” occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(1) Restrictions: The prime contractor is precluded from participating as a contractor, subcontractor or consultant on future non-A&AS contracts where the R&D Department is the requiring and/or funding activity. This restriction will terminate one year after final payment on the contract. Restrictions upon use of Government information and the requirement to protect proprietary information are permanent. Subcontractors providing A&AS support to a R&D Department / staff office, e.g. RD-EC, RD-CB, RD-CX, RD-NT, etc., will be ineligible to compete for work in the same directorate / staff office, but may be allowed to compete for performer work in departments where it provides no A&AS support, provided that (i) the subcontractor does not utilize the same A&AS personnel; and (ii) it does not otherwise create an OCI. Subcontractors on the DTRA R&D A&AS contract who are currently or who may become members of a CWMD IDIQ team are prohibited from providing any form of evaluation or source selection support for CWMD IDIQ Task Orders regardless of the RD Department from which the requirement originates. Should the RD A&AS Prime Contractor wish to utilize subcontractors who are not restricted by the aforementioned IDIQ teaming prohibition the A&AS Prime contractor shall notify and receive the approval of the DTRA Contracting Officer prior to utilizing any subcontractors in support of CWMD IDIQ evaluation and source selection support. Prior notification and approval is necessary so that the DTRA RFP to the IDIQ contractors can provide the appropriate notifications. For the purpose of this requirement, Systems Engineering and Integration (SE&I) services performed in support of the RD Directorate are considered to be non-A&AS services , and are acquired under separate contract vehicles. The DTRA SE&I support service is defined as the contractor’s capability to integrate diverse and emerging technologies to meet customer needs with a verified product via a systems engineering process.

(2) 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.

(3) 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. The Contractor further agrees to enter into written company-to-company agreements, if required, for the protection of the proprietary data of others and to exercise diligent effort to protect such proprietary data from unauthorized use or disclosure.

(4) 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 written company-to company agreements, if required, 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 and Government information received in connection with the work under this Contract. The Contractor shall submit individual prime and subcontractor employee and consultant nondisclosure agreements (NDAs) 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.

(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 Performance Work Statement 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. The detailed implementation of the requirements of this clause is in the Contractor’s OCI mitigation plan attached to this contract.

H.2 PARENT ORGANIZATION / JOINT VENTURES

The Contractor’s parent organization(s) or all member organizations if the Contractor is a joint venture, shall guarantee performance of the contract as evidenced by the Performance Guarantee Agreement incorporated in the contract in Section J, Attachment 5. If the Contractor is a joint venture, the parent(s) or all member organizations shall assume joint and severable liability for the performance of the contract. In the event any of the signatories to the Performance Guarantee Agreement enters into proceedings related to bankruptcy, whether voluntary or involuntary, the Contractor agrees to furnish written notification of the bankruptcy to the Contracting Officer.

H.3 ASSOCIATE CONTRACTOR AGREEMENTS (ACAs)

a. "Associate Contractor Agreements (ACAs)" are agreements between contractors working on Government contract projects that specify requirements for them to share information, data, technical knowledge, expertise, or resources.

b. The successful execution of the DTRA Research and Development Directorate’s (RD) numerous and varied projects and programs depends in part upon maintenance of a close liaison and working relationship between the contractors that provide advisory and assistance services (A&AS) to RD, including the open exchange of information. This clause is intended to ensure that there will be appropriate coordination by the A&AS contractors to achieve integration and prevent unnecessary duplication of effort. The Contractor agrees to assume the responsibilities of an Associate Contractor.

c. The Contractor shall enter into an ACA with the RD Program Support A&AS contractor (or Scientific and Technical Subject Matter Expertise (S&T SME)) A&AS Contractor. The agreement shall include the basis for sharing information, data, technical knowledge, expertise, and/or resources which shall ensure the greatest degree of cooperation essential for successful contract performance.

d. A copy of the agreement shall be provided to the Contracting Officer for review before execution of the document by the cooperating contractors.

e. Nothing in the foregoing shall affect compliance with the requirements of the Organizational Conflict of Interest (OCI) clause of this contract (H.XX).

f. The Contractor is not relieved of any contract requirements or entitled to any adjustments to the contract terms because of a failure to resolve a disagreement with an associate contractor.

g. Liability for the improper disclosure of any proprietary data contained in or referenced by any agreement shall rest with the parties to the agreement, and not the Government.

h. All costs associated with the agreements are included in the negotiated cost of this contract. Agreements may be amended as required by the Government during the performance of this contract.

1. The following contractor is the associate contractor with whom an agreement is required:

TBD upon award (Insert S&T SME A&AS contractor name, address, and contract number)

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.

252.204-9003 Contractor Access to DTRA Facilities or Information Systems (AUG 2018)

(a) Contractors requiring access to any Defense Threat Reduction Agency (DTRA) facility or information system worldwide will be required to obtain a Common Access Card (CAC), and shall comply with the identity proofing, registration, and accreditation requirements provided by one of the following:

(1) At the National Capital Region (NCR), contact the DTRA Physical Security Branch, Security and Counterintelligence Directorate, at 571-616-5825 or 571-616-6401.

(2) At the Albuquerque facilities contact the Contracting Officer Representative (COR) identified in Section G, for accreditation requirements of the Contractor Verification System.

252.204-9006 - DTRC SPACE ALLOCATION (JUN 2013)

1. DTRA will allocate xxx (number of) work spaces as indicated below for performance of this contract.

# of Spaces Location (e.g, DTRC/DLA)

1. Onsite Contractor personnel may perform services in both Government-furnished classified and unclassified workspace facilities depending on the contract security requirements.

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: Cherokee Nation Strategic Programs, LLC (contract specialist support), Kent, Campa and Kate, Inc. (contract closeout support), Quanterion Solutions, Inc, (DTRIAC Technical Engineering Services), Polaris Consulting (Small Business Program Support), and Kforce Government Solutions, Inc (Accounting and Financial Systems Support). The Government's contracts with these 5 companies contain organizational conflict of interest provisions and/or includes contractual requirements for nondisclosure 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 Cherokee Nation Strategic Programs, LLC, Kent, Campa and Kate, Inc., Quanterion Solutions, Inc, Polaris Consulting Group, and Kforce Government Solutions, Inc, under conditions and limitations described herein.

252.215-9004 KEY PERSONNEL (AUG 2012)

The personnel listed below are considered essential to the work being performed hereunder. Prior to removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this Contract. No deviation shall be made by the Contractor without the prior written consent of the Contracting Officer; provided, that the Contracting Officer authorizes in writing the change, such authorization shall constitute the consent of the Contracting Officer required by this paragraph. The personnel listed below may, with the consent of the contracting parties, be amended from time to time during the course of the Contract to either add or delete personnel as appropriate.

[To be determined by the Government on review of Technical/Management Proposals]

252.223-9003 CONTRACTOR PERSONNEL SAFETY, INJURY AND ILLNESS (MAR 2012)

1. All Contractors requiring access to any Defense Threat Reduction Agency (DTRA) Facility shall have an Environment, Safety and Occupational Health program and shall ensure their personnel are aware of and comply with the program.

1. For accidents or incidents which occur during the performance of this contract, the contractor shall report all accidents or incidents which result in bodily injury and/or death immediately to the COR and the Contracting Officer.

1. The contractor shall obtain appropriate medical and emergency assistance for its employees and provide all notifications required by law.

1. The contractor shall file a report of all incidents and accidents by submitting an online Accident Report via the DTRA Environment, Safety, and Occupational Health Office webpage [http://dtranet/apps/safety/Accident/includes/Main.cfm?displayPage=Accident.Cfm] or electronic DTRA Form 9, Report of Civilian, Military, or Contractor Personnel Injury or Illness to the COR and the Contracting Officer within 48 hours.

1. The contractor will cooperate and assist the Government if a Government investigation of the accident/incident is conducted

252.223-9004 – Environmental, Radiation, Safety Notification, Compliance and Liability

(MAR 2017)

1. Environmental, Radiation, and Safety Notification: The Contractor shall notify the Contracting Officer (CO) and Contracting Officer’s Representative (COR) of all non-compliance occurrences with Environmental, Radiation, and Safety regulations at any of the Contractor’s facilities where 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 shall not be liable, financially or otherwise, for the investigation, monitoring, cleanup, containment, restoration, removal, or other remedial activity with respect to any accidental or unintended release of hazardous substances to soil, ground water, building(s), or other environmental media. In the event of such a release, the Contractor shall notify the COR and the DTRA Environment, Safety, and Occupational Health Department as soon as practicable, but not later than 24 hours after the incident.

252.225-9076 INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS

UNDER U.S. - REPUBLIC OF KOREA (ROK)

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 #15289, APO AP 96205-5289.

(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…