HDTRA2-07-R-0003Aug2007.doc

Section B - Supplies or Services and Prices

SECTION B

1. Contract Type: This procurement is expected to result in a total Small Business 8(a) Set-Aside, Indefinite Delivery Indefinite Quantity (IDIQ) contract.

2. The Minimum value amount of this contract is $100,000.00 with a Maximum value amount of $15,000,000.00 for the total five year contract ($30,000,000.00 inclusive of the option period).

CONTRACT MINIMUM/MAXIMUM CONTRACT VALUE

The minimum contract value for all orders issued against this contract shall not be less than the minimum contract value stated in the following table. The maximum contract value for all orders issued against this contract shall not exceed the maximum contract value stated in the following table.

MAXIMUM

MAXIMUM

MINIMUM

AMOUNT FOR

AMOUNT INCLUDING

AMOUNT

BASE CONTRACT

5-YEAR OPTION PERIOD

$100,000.00

$15,000,000.00

$30,000,000.00

3. Task Orders may be issued on either a Firm-Fixed-Price (FFP) or Time and Material (T&M) basis.

4. All cost/pricing associated with this contract shall be per task order. Each task order shall be subject to the provisions of the clauses

Permanent High Explosives Test Site

T&M

(PHETS) Vehicle and Equipment Maintenance and Repair Support IAW SOW Paragraph 3.a, Statement of Work (SOW) dated 30 Aug 2007 in Section J, and the List of Attachments. Period of performance is 5 years from date of award.

FOB: Destination

TOT MAX PRICE

CEILING PRICE

PHETS Warehouse Management

Support IAW SOW Paragraph 3.b, Statement of Work (SOW) dated 30 Aug 2007 in Section J, and the List of Attachments. Period of performance is 5 years from date of award.

PHETS Facility Maintenance

Support IAW SOW Paragraph 3.c, Statement of Work (SOW) dated 30 Aug 2007 in Section J, and the List of Attachments. Period of performance is 5 years from date of award.

General Test Support

Support IAW SOW Paragraph 3.d, Statement of Work (SOW) dated 30 Aug 2007 in Section J, and the List of Attachments. Period of performance is 5 years from date of award.

Test Support Rental Equipment

Support IAW SOW Paragraph 3.e, Statement of Work (SOW) dated 30 Aug 2007 in Section J, and the List of Attachments. Period of performance is 5 years from date of award.

Construction Support

FFP

IAW SOW Paragraph 3.f, Statement of Work (SOW) dated 30 Aug 2007 in Section J, and the List of Attachments. Period of performance is 5 years from date of award.

MAX

NET AMT

Premium for Bond

Period of performance is 5 years from date of award.

MAX

Materials at Cost

CDRLs

MAX

UNDEFINED

T&M and Repair Support IAW SOW Paragraph 3.a, Statement of Work (SOW) dated 30 Aug 2007 in Section J, and the List of Attachments. Period of performance is 5 years from exercise of option.

T&M

Support IAW SOW Paragraph 3.b, Statement of Work (SOW) dated 30 Aug 2007 in Section J, and the List of Attachments. Period of performance is 5 years from exercise of option.

T&M

Support IAW SOW Paragraph 3.c, Statement of Work (SOW) dated 30 Aug 2007 in Section J, and the List of Attachments. Period of performance is 5 years from exercise of option.

T&M

Support IAW SOW Paragraph 3.d, Statement of Work (SOW) dated 30 Aug 2007 in Section J, and the List of Attachments. Period of performance is 5 years from exercise of option.

T&M

Support IAW SOW Paragraph 3.e, Statement of Work (SOW) dated 30 Aug 2007 in Section J, and the List of Attachments. Period of performance is 5 years from exercise of option.

FFP

IAW SOW Paragraph 3.f, Statement of Work (SOW) dated 30 Aug 2007 in Section J, and the List of Attachments. Period of performance is 5 years from exercise of option.

MAX

FFP

Period of performance is 5 years from exercise of option.

MAX

T&M

FFP

MAX

Section C - Descriptions and Specifications

CLAUSES INCORPORATED BY FULL TEXT

252.211-9000 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 Work entitled, Construction Services, dated 30 Aug 2007, Attachment 1 to the Contract (or Task Order).

b. Contract Data Requirements List (DD Form 1423), Exhibit A to the Contract (or Task Order).

Section D - Packaging and Marking

CLAUSES INCORPORATED BY FULL TEXT

252.247-9001 PACKAGING AND MARKING

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

(b) All data and correspondence submitted to the Contracting Officer shall reference the Contract Number, the CDRL number, and the date submitted. A copy of all correspondence sent to the Contracting Officer's Representative (COR) or Project Manager shall be simultaneously provided to the Contracting Officer.

CLAUSES INCORPORATED BY FULL TEXT

E-1 INSPECTION AND ACCEPTANCE. The office designated as having responsibility for final inspection and acceptance of all construction work, data deliverables, maintenance and repair work under this contract is the Defense Threat Reduction Agency (DTRA) COR, Kirtland Air Force Base, NM.

Section E - Inspection and Acceptance

CLAUSES INCORPORATED BY REFERENCE

252.246-9000 INSPECTION AND ACCEPTANCE

The Contracting Officer's Representative (COR) or Project Manager shall be responsible for inspection and acceptance of all work to be performed at any and all times during this contract in accordance with FAR

52.246-4. Government inspection and acceptance of data shall be as specified on the Contract Data Requirements List, DD Form 1423, Exhibit A to the Contract.

Section F - Deliveries or Performance

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

CLAUSES INCORPORATED BY REFERENCE

252.201-9000 PROJECT MANAGER

The Project Manager for this requirement is Jerry Nieto, DTRA/CXTFC, telephone number 505.846.6606, email address jerry.nieto@abq.dtra.mil.

CLAUSES INCORPORATED BY FULL TEXT

252.201-9001 CONTRACTING OFFICE POINT OF CONTACT (POC)

The POC in the Procuring Contracting Office for this contract action is: Denise Farris, Contract Specialist, DTRA-BQC, telephone number 505.846.8830, email address denise.farris@abq.dtra.mil.

CLAUSES INCORPORATED BY FULL TEXT

252.201-9002 CONTRACTING OFFICER’S REPRESENTATIVE

a. The Contracting Officer’s Representative for this contract is: Jerry Nieto

Defense Threat Reduction Agency/CXTFC 1680 Texas Street SE Kirtland AFB, NM 87117 telephone 505.846.6606 email address: jerry.nieto@abq.dtra.mil b.

The COR will act as the Contracting Officer’s Representative for technical matters providing technical direction and discussion as necessary with respect to the specification/statement of work and monitoring the progress and quality of the Contractor’s performance. The COR is NOT an Administrative Contracting Officer (ACO) and does not have the authority to take any action, either directly or indirectly that would change the pricing, quality, quantity, place of performance, delivery schedule, or any other terms and conditions of the contract, or to direct the accomplishment of effort, which goes beyond the scope of the specifications/statement of work in the contract.

c.

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

CLAUSES INCORPORATED BY FULL TEXT

252.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (MAR 2007)

(a) Definitions. As used in this clause--

(1) Contract financing payment and invoice payment have the meanings given in section 32.001 of the Federal Acquisition Regulation.

(2) Electronic form means any automated system that transmits information electronically from the initiating system to all affected systems. Facsimile, e-mail, and scanned documents are not acceptable electronic forms for submission of payment requests. However, scanned documents are acceptable when they are part of a submission of a payment request made using one of the electronic forms provided for in paragraph (b) of this clause.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the Contractor under this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests using one of the following electronic forms:

(1) Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA). Information regarding WAWF-RA is available on the Internet at https://wawf.eb.mil.

(2) Web Invoicing System (WInS). Information regarding WInS is available on the Internet at https://ecweb.dfas.mil.

(3) American National Standards Institute (ANSI) X.12 electronic data interchange (EDI) formats.

(i) Information regarding EDI formats is available on the Internet at http://www.X12.org.

(ii) EDI implementation guides are available on the Internet at http:// www.dod.mil/dfas/contractorpay/electroniccommerce.html.

(4) Another electronic form authorized by the Contracting Officer.

(c) The Contractor may submit a payment request in non-electronic form only when--

(1) DoD is unable to receive a payment request in electronic form; or

(2) The Contracting Officer administering the contract for payment has determined, in writing, that electronic submission would be unduly burdensome to the Contractor. In such cases, the Contractor shall include a copy of the Contracting Officer's determination with each request for payment.

(d) The Contractor shall submit any non-electronic payment requests using the method or methods specified in Section G of the contract.

(e) In addition to the requirements of this clause, the Contractor shall meet the requirements of the appropriate payment clauses in this contract when submitting payments requests.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

252.232-9002 ACCOUNTING AND APPROPRIATION DATA

CLIN

ACRN

ACCOUNTING AND APPROPRIATION DATA

AMOUNT

SEE INDIVIDUAL ORDERS

CLAUSES INCORPORATED BY FULL TEXT

252.232-9004 TAXPAYER IDENTIFICATION NUMBER (TIN)

Contractor TIN: _____________________

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252.232-9007 PAYMENT INFORMATION IN CENTRAL CONTRACTOR REGISTRATION (CCR)

DATABASE

This contract contains FAR clause 52.204-7, Central Contractor Registration. All contractors must be registered in the CCR database prior to award, during performance, and through final payment of any contract, except for awards to foreign vendors for work to be performed outside the United States.

The Contractor is responsible for the accuracy and completeness of the data within the CCR, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. In addition to the contractor's requirement to confirm on an annual basis that its information in the CCR database is accurate and complete, the contractor's information in the CCR database must be updated whenever changes occur to the contractor's remit-to data (e.g., account number, vendor name and address, etc.) and the paying office notified of any changes. The contractor's failure to maintain accurate information in the CCR database could result in payment delays for which the Government shall not be liable.

CLAUSES INCORPORATED BY FULL TEXT

252.232-9012 WIDE AREA WORK FLOW (WAWF) – RECEIPT AND ACCEPTANCE (RA) INSTRUCTIONS (Nov 2006)

(a) As prescribed in DFARS clause 252.232-7003 Electronic Submission of Payment Requests (Jan 2004), Contractors must submit payment requests in electronic form. Paper copies will no longer be accepted or processed for payment unless the conditions of DFARS clause 252.232-7003(c) apply. To facilitate this electronic submission, the Defense Threat Reduction Agency (DTRA) has implemented the DoD sanctioned Wide Area WorkFlow-Receipt and Acceptance (WAWF-RA) for contractors to submit electronic payment requests and receiving reports. The contractor shall submit electronic payment requests and receiving reports via WAWF-RA. Vendors shall send an email notification to the Contracting Officer Representative (COR), Program/Project Manager or other government acceptance official identified in the contract by clicking on the Send More Email Notification link upon submission of an invoice/cost voucher in WAWF-RA. To access WAWF, go to https://wawf.eb.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: Used when DCAA invoice approval is required by the contract/order and the field is marked as mandatory in WAWF-RA. (Click the DCAA Audit Office Locator Link in WAWF-RA and enter zip code of your CAGE code address).

(c) WAWF-RA Contractor Input Information - ** IMPORTANT! **

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

Invoice Type in WAWF-RA:

If billing for Cost Type/Reimbursable Contracts, select “Cost Voucher”

(**Cost Vouchers are only used when contracts/orders require invoices be sent to DCAA for approval.**)

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

If billing for Firm-Fixed Price Materials and Service, select “Combo”

If billing for Firm-Fixed Price Services Only, select “2-n-1 (Services Only)”

SF 26, SF 33, SF 1449 and DD 1155

Invoice Type: Invoice and Receiving Report:

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 More Email Notifications link to send an additional email notification to the Contracting Officer Representative (COR), Program/Project Manager or other government acceptance official identified in the contract.

Cost Vouchers - Once the final DCAA audit is complete for cost reimbursable contracts and authorization is received to submit the final cost voucher, select the “Y” selection from the “Final Voucher” drop-down box when submitting the final cost voucher. Upon successful submission of the final cost voucher, click on the Send More Email Notifications link to send an additional email notification to the following email address:

finalcostvouchers@dtra.mil

(e) WAWF Training may be accessed online at http://www.wawftraining.com//. To practice creating documents in WAWF, visit practice site at https://wawftraining.eb.mil//. Payment information may be accessed using the DFAS website at http://www.dod.mil/dfas//. Your purchase order/contract number or invoice will be required to check status of your payment.

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

Section H - Special Contract Requirements

CLAUSES INCORPORATED BY REFERENCE

252.201-9003 LIMITATION OF AUTHORITY

No person in the Government, other than a Contracting Officer, has the authority to provide direction to the Contractor, which alters the Contractor’s obligations or changes this contract in any way. If any person representing the Government, other than a Contracting Officer, attempts to alter contract obligations, change the contract specifications/statement of work or tells the contractor to perform some effort which the Contractor believes to be outside the scope of this contract, the Contractor shall immediately notify the Procuring Contracting Officer (PCO). Contractor personnel shall not comply with any order or direction which they believe to be outside the scope of this contract unless the order or direction is issued by a Contracting Officer.

252.215-9003 INCORPORATION OF SECTION K BY REFERENCE (OCT 1998)

Pursuant to Federal Acquisition Regulation (FAR) 15.204-1(b), SECTION K of the solicitation is hereby incorporated by reference.

252.242-9000 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS) (NOV 2002)

1. As required by FAR Parts 42 and 15, and DTRA policy for the Contractor Performance Assessment Reporting System (CPARS) and Past Performance Information Retrieval System (PPIRS), formerly known as PPAIS, effective July, 2001, the Government shall complete a CPAR each year of the period of performance of this contract. The contractor will have an opportunity to provide their comments in each CPAR before it is completed. In accordance with DTRA CPARS policy the completed CPARs will be entered into PPIRS, a retrieval system for Government source selection teams to access the CPARs of contractor's performance. The DTRA CPARS and PPIRS policy includes an explanation of the process and procedures that will be utilized under this contract. A copy is available for contractor reference via the DTRAlink (www.dtra.mil) by accessing Acquisition, Doing Business With Us.

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

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

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

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

(iv) An Out-of-Cycle CPAR may be required when there is a significant change in performance that alters the assessment in one or more evaluation area(s). An Out-of-Cycle CPAR is optional and shall be processed in accordance with DTRA CPARS policy referenced in paragraph 1. above.

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

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

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

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

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

____ on an order-by-order basis

____ on a grouped order basis

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

252.245-9001 ACQUISITION AND DISPOSITION OF GOVERNMENT PROPERTY (MAY 2000)

a. Part 45 of the Federal Acquisition Regulation (FAR) requires contractors performing Government contracts to provide all property necessary to perform the contracts, unless otherwise exempted.

b. Property (see FAR 45.101) of any kind, unless incorporated in a physical end item to be delivered, shall not be acquired for the Government's account under the contract unless the Contracting Officer has provided prior written approval, or unless the property is specifically identified in the contract. The contractor will not be reimbursed for such unauthorized purchases, either directly or indirectly, and the parties agree that costs associated with such unauthorized purchases are specifically unallowable.

(1) Prior to acquiring Industrial Plant Equipment (IPE) (DFARS 245.301), existing Government equipment shall be screened pursuant to DFARS 245.302-1(b)(1)(A).

(2) Prior to acquiring Information Technology Equipment, existing Government equipment will be screened pursuant to DFARS 245.302-1(b)(1)(B) and DoD 7950.1-M, Defense Automation Resources Management Manual.

c. Government property that is no longer needed for this contract shall be listed by the contractor on appropriate inventory schedules (FAR 45.606). The contractor shall forward the inventory schedules to the cognizant Plant Clearance Officer at the Defense Contract Management Agency (DCMA) contract administration office for processing. The type and sequence of screening depends on the nature of the property involved as specified in FAR Table 45-1. Property determined by the Plant Clearance Officer to be subject to agency screening or special item screening requirements of FAR 45.608-3 and 45.608-5 shall be screened by the Plant Clearance Officer who shall route their request to Defense Threat Reduction Agency, ATTN: BDL. (Note: Address to ATTN: BDT for Information Technology requests.) The time periods imposed by FAR Part 45 for this agency screening or for special item screening shall be adhered to in all cases. Upon completion of all required screening, the Plant Clearance Officer will provide instructions for all remaining property.

(End of clause)

252.245-9002 GOVERNMENT FURNISHED PROPERTY, FACILITIES AND SERVICES (OCT 1998)

In accordance with FAR Clause 52.245-5, the following property, facilities, and/or services will be provided for use in the performance of this Contract. Disposition shall be provided at contract completion as necessary.

See Section J- List of Equipment H-1 YEARLY PROJECTION OF ANNUAL LEVEL OF EFFORT (LOE). The government will provide a yearly projection of the annual level of effort anticipated for test support, construction services support, and excavation/earthwork support.

H-2 ORDERING PROCEDURES. The Government shall issue the Contractor a Statement of Work (SOW) developed by the Government describing specific work an data items required, anticipated performance period, critical milestones or a SOO that describes the overall task order performance requirement.

The Contractor shall provide the Contracting Officer an original and copies (as specified) of a complete, detailed proposal. The proposal shall address:

The comprehensive technical and management approach to accomplish the effort (to include a SOW if a SOO is issued with the Request for Proposal.

Detailed cost or pricing in accordance with the negotiated labor rates in Attachment 2, instructions set forth in the task order RFP, and FAR 15.403-5, table 15-2.

Proposed schedule or construction progress schedule that reflects the critical elements of the work to be accomplished for completing the task order effort. The construction progress schedule shall be updated bi-weekly post award. The COR shall be notified immediately of any post award circumstances that may impact the completion date or the task order price; and any other requested and/or pertinent information.

H-3 AUTHORITY TO ISSUE ORDERS. Orders issued pursuant to this contract may only be placed by DTRA.

H-4 LIABILITY INSURANCE. The following types of insurance are required in accordance with the clause entitled FAR 52.228-5 “Insurance – Work on a Government Installation” and shall be maintained in the minimum amounts shown:

(a) Comprehensive General Liability: $200,000 per person and $500,000 per accident for bodily injury

(b) Automobile Insurance: $200,000 per person and $500,000 per accident for bodily injury and $500,000 per accident for property damage,

(c) Standard Workman’s Compensation and Employer’s Liability Insurance in the minimum amount of $100,000.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.211-10 COMMENCEMENT, PROSECUTION, AND COMPLETION OF WORK (APR 1984)

The Contractor shall be required to (a) commence work under this contract within two calendar days after the date the Contractor receives the notice to proceed, (b) prosecute the work diligently, and (c) complete the entire work ready for use not later than contract completion (including final cleanup of the premises).

(End of clause)

52.216-18 Ordering. (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from contract award through contract completion.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of clause)

52.216-19 Order Limitations. (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $25,000.00, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor:

(1) Any order for a single item in excess of $500,000.00;

(2) Any order for a combination of items in excess of $1,500,000.00; or

(3) A series of orders from the same ordering office within 5 days that together call for quantities exceeding the limitation in subparagraph (1) or (2) above.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) above.

(d) Notwithstanding paragraphs (b) and (c) above, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 3 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 60 days of contract completion.

(End of clause)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days of contract completion; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

(End of clause)

52.219-12 SPECIAL 8(A) SUBCONTRACT CONDITIONS (FEB 1990)

(a) The Small Business Administration (SBA) has entered into Contract No TBD with the DTRA to furnish the supplies or services as described therein. A copy of the contract is attached hereto and made a part hereof.

(b) The TBD hereafter referred to as the subcontractor, agrees and acknowledges as follows:

(1) That it will, for and on behalf of the SBA, fulfill and perform all of the requirements of Contract No TBD for the consideration stated therein and that it has read and is familiar with each and every part of the contract.

(2) That the SBA has delegated responsibility, except for novation agreements and advance payments, for the administration of this subcontract to the DTRA with complete authority to take any action on behalf of the Government under the terms and conditions of this subcontract.

(3) That it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the designated Contracting Officer of the DTRA.

(4) That it will notify the DTRA Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(c) Payments, including any progress payments under this subcontract, will be made directly to the subcontractor by the DTRA.

(End of clause)

52.219-14 LIMITATIONS ON SUBCONTRACTING (DEC 1996)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) By submission of an offer and execution of a contract, the Offeror/Contractor agrees that in performance of the contract in the case of a contract for--

(1) Services (except construction). At least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.

(2) Supplies (other than procurement from a nonmanufacturer of such supplies). The concern shall perform work for at least 50 percent of the cost of manufacturing the supplies, not including the cost of materials.

(3) General construction. The concern will perform at least 15 percent of the cost of the contract, not including the cost of materials, with its own employees.

(4) Construction by special trade contractors. The concern will perform at least 25 percent of the cost of the contract, not including the cost of materials, with its own employees.

52.219-17 SECTION 8(a) AWARD (DEC 1996)

(a) By execution of a contract, the Small Business Administration (SBA) agrees to the following:

(1) To furnish the supplies or services set forth in the contract according to the specifications and the terms and conditions by subcontracting with the Offeror who has been determined an eligible concern pursuant to the provisions of section 8(a) of the Small Business Act, as amended (15 U.S.C. 637(a)).

(2) Except for novation agreements and advance payments, delegates to the DTRA the responsibility for administering the contract with complete authority to take any action on behalf of the Government under the terms and conditions of the contract; provided, however that the contracting agency shall give advance notice to the SBA before it issues a final notice terminating the right of the subcontractor to proceed with further performance, either in whole or in part, under the contract.

(3) That payments to be made under the contract will be made directly to the subcontractor by the contracting activity.

(4) To notify the DTRA Contracting Officer immediately upon notification by the subcontractor that the owner or owners upon whom 8(a) eligibility was based plan to relinquish ownership or control of the concern.

(5) That the subcontractor awarded a subcontract hereunder shall have the right of appeal from decisions of the cognizant Contracting Officer under the “Disputes” clause of the subcontract.

The offeror/subcontractor agrees and acknowledges that it will, for and on behalf of the SBA, fulfill and perform all of the requirements of the contract.

(c) The offeror/subcontractor agrees that it will not subcontract the performance of any of the requirements of this subcontract to any lower tier subcontractor without the prior written approval of the SBA and the cognizant Contracting Officer of the DTRA.

52.219-18 NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS (JUN 2003)

(a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer--

(1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan; and

(2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA.

(b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause.

(c) Any award resulting from this solicitation will be made to the Small Business Administration, which will subcontract performance to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation.

(d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply to construction or service contracts.

(2) The TBD will notify the DTRA Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party.

(End of clause)

52.243-7 NOTIFICATION OF CHANGES (APR 1984)

(a) Definitions.

"Contracting Officer," as used in this clause, does not include any representative of the Contracting Officer.

"Specifically authorized representative (SAR)," as used in this clause, means any person the Contracting Officer has so designated by written notice (a copy of which shall be provided to the Contractor) which shall refer to this subparagraph and shall be issued to the designated representative before the SAR exercises such authority.

(b) Notice. The primary purpose of this clause is to obtain prompt reporting of Government conduct that the Contractor considers to constitute a change to this contract. Except for changes identified as such in writing and signed by the Contracting Officer, the Contractor shall notify the Administrative Contracting Officer in writing, within two calendar days from the date that the Contractor identifies any Government conduct (including actions, inactions, and written or oral communications) that the Contractor regards as a change to the contract terms and conditions. On the basis of the most accurate information available to the Contractor, the notice shall state--

(1) The date, nature, and circumstances of the conduct regarded as a change;

(2) The name, function, and activity of each Government individual and Contractor official or employee involved in or knowledgeable about such conduct;

(3) The identification of any documents and the substance of any oral communication involved in such conduct;

(4) In the instance of alleged acceleration of scheduled performance or delivery, the basis upon which it arose;

(5) The particular elements of contract performance for which the Contractor may seek an equitable adjustment under this clause, including--

(i) What contract line items have been or may be affected by the alleged change;

(ii) What labor or materials or both have been or may be added, deleted, or wasted by the alleged change;

(iii) To the extent practicable, what delay and disruption in the manner and sequence of performance and effect on continued performance have been or may be caused by the alleged change;

(iv) What adjustments to contract price, delivery schedule, and other provisions affected by the alleged change are estimated; and

(6) The Contractor's estimate of the time by which the Government must respond to the Contractor's notice to minimize cost, delay or disruption of performance.

(c) Continued performance. Following submission of the notice required by (b) above, the Contractor shall diligently continue performance of this contract to the maximum extent possible in accordance with its terms and conditions as construed by the Contractor, unless the notice reports a direction of the Contracting Officer or a communication from a SAR of the Contracting Officer, in either of which events the Contractor shall continue performance; provided, however, that if the Contractor regards the direction or communication as a change as described in (b) above, notice shall be given in the manner provided. All directions, communications, interpretations, orders and similar actions of the SAR shall be reduced to writing and copies furnished to the Contractor and to the Contracting Officer. The Contracting Officer shall countermand any action which exceeds the authority of the SAR.

(d) Government response. The Contracting Officer shall promptly, within three calendar days after receipt of notice, respond to the notice in writing. In responding, the Contracting Officer shall either--

(1) Confirm that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance;

(2) Countermand any communication regarded as a change;

(3) Deny that the conduct of which the Contractor gave notice constitutes a change and when necessary direct the mode of further performance; or

(4) In the event the Contractor's notice information is inadequate to make a decision under (1), (2), or (3) above, advise the Contractor what additional information is required, and establish the date by which it should be furnished and the date thereafter by which the Government will respond.

(e) Equitable adjustments.

(1) If the Contracting Officer confirms that Government conduct effected a change as alleged…