C_RFP TEAMS.doc
DOC document 588 KB Posted
- Solicitation number
- HDTRA2-08-R-0002
- Issued by
-
Defense Threat Reduction Agency
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RFP Solicitation HDTRA2-08-R-0002
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Other files
| File | Type | Posted |
|---|---|---|
| TEAMS SF30 Amend 0004.pdf | ||
| TEAMS SF33 and RFP Slip pg 54.pdf | ||
| TEAMS Final Questions and Answers SEP 30.doc | DOC document | |
| SF30 TEAMS.pdf | ||
| TEAMS RFP-Questions Answers Final.doc | DOC document | |
| C_TEAMS Task Order 2.doc | DOC document | |
| TEAMS Pre-proposal Briefing 4 Sep 2009.ppt | PPT presentation | |
| TEAMS SF30 Amend 0002.pdf | ||
| C_TEAMS Task Order 1.doc | DOC document | |
| C_TEAMS SOW.doc | DOC document | |
| TEAMS PRE SIGN_IN SHEET.doc | DOC document | |
| C_TEAMS Socio-Economic Commitment_R.pdf | ||
| C_TEAMS Task Order 2.doc | DOC document | |
| C_TEAMS Wage Determination.pdf | ||
| C_TEAMS Task Order 1.doc | DOC document | |
| C_TEAMS DD254.pdf | ||
| C_TEAMS SOW.doc | DOC document | |
| C_TEAMS RATE TABLE.xls | XLS spreadsheet | |
| C_TEAMS CDRLs.pdf | ||
| C_TEAMS ATTACHMENT L1 and L2.doc | DOC document | |
| C_TEAMS Socio-Economic Commitment.xls | XLS spreadsheet |
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Text version
Section B - Supplies or Services and Prices
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| UNDEFINED |
| Lot |
Base Period: TEAMS
FFP
Sustain Support of Facility: The contractor shall furnish the necessary labor, materials, supplies, and services necessary to accomplish the objectives and requirements specified in Attachment 1, Statement of work (SOW) entitled, “ Technical Evaulation Assessment Monitor Site (TEAMS) Test Support."
FOB: Destination
MAX
NET AMT
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| UNDEFINED |
| Lot |
Base Period: TEAMS
CPFF
Test and CRBNE Exercises/Events: The contractor shall furnish the necessary labor, materials, supplies, and services necessary to accomplish the objectives and requirements specified in Attachment 1, Statement of work (SOW) entitled, “ Technical Evaulation Assessment Monitor Site (TEAMS) Test Support."
MAX COST
FIXED FEE
TOTAL MAX COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| UNDEFINED |
| Lot |
Base Period: TEAMS
FFP
Test and CRBNE Exercise/Events: The contractor shall furnish the necessary labor, materials, supplies, and services necessary to accomplish the objectives and requirements specified in Attachment 1, Statement of work (SOW) entitled, “ Technical Evaulation Assessment Monitor Site (TEAMS) Test Support."
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
UNDEFINED
NSP
Base Period: Data and Reports
NSP
The contractor shall furnish data and reports in accordance with CDRL items A001 Through A006 (A-Series), attached hereto as Exhibit A and made a part hereof.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| UNDEFINED |
| Lot |
Base Period Travel - TEAMS
COST
Travel for the Base Period
MAX COST
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| 1 |
| Lot |
| OPTION |
| Option 1 - TEAMS |
FFP
Sustain Support of Facility - The contractor shall furnish the necessary labor, materials, supplies, and services necessary to accomplish the objectives and requirements specified in Attachment 1, Statement of work (SOW) entitled, “ Technical Evaulation Assessment Monitor Site (TEAMS) Test Support."
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| UNDEFINED |
| Lot |
| OPTION |
| Option 1: TEAMS |
CPFF
Test and CRBNE Exercises/Events - The contractor shall furnish the necessary labor, materials, supplies, and services necessary to accomplish the objectives and requirements specified in Attachment 1, Statement of work (SOW) entitled, “ Technical Evaulation Assessment Monitor Site (TEAMS) Test Support."
MAX COST
FIXED FEE
TOTAL MAX COST + FEE
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| UNDEFINED |
| Lot |
| OPTION |
| Option 1 - TEAMS |
FFP
Test and CRBNE Exercises/Events - The contractor shall furnish the necessary labor, materials, supplies, and services necessary to accomplish the objectives and requirements specified in Attachment 1, Statement of work (SOW) entitled, “ Technical Evaulation Assessment Monitor Site (TEAMS) Test Support."
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
UNDEFINED
NSP
| OPTION |
| Option 1 - Data and Reports |
The contractor shall furnish data and reports in accordance with CDRL items A001 Through A006 (A-Series), attached hereto as Exhibit A and made a part hereof.
MAX
| ITEM NO |
| SUPPLIES/SERVICES |
| MAX QUANTITY |
| UNIT |
| UNIT PRICE |
| MAX AMOUNT |
| UNDEFINED |
| Lot |
| OPTION |
| Option 1 - Travel |
COST
Travel for the Option 1
MAX COST
B1. CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE
The minimum quantity and contract value for all orders issued against this contract shall not be less then the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.
Minimum Quantity Minimum Amount Maximum Quantity Maximum Amount
CLINS 0001-0010
Lot $100,000.00
Lot $17,000,000.00
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 "Technical Evaluation Assessment Monitor Site Test Support", dated April 9, 2009 Attachment 1 to the Contract.
b. Contract Data Requirements List (DD Form 1423), Exhibit A (A001-A006), dated May 6, 2009 to the Contract.
Section D - Packaging and Marking
CLAUSES INCORPORATED BY FULL TEXT
252.247-9001 PACKAGING AND MARKING
(a) All data contained in Exhibit A, Contract Data Requirements List (CDRL), DD Form 1423 delivered under this contract shall be delivered using best commercial practices to meet the packaging requirements of the carrier and to insure delivery, to the addressees specified on the Data Item Cover Sheet, at destination and in accordance with applicable security requirements.
(b) All data and correspondence submitted to the Contracting Officer shall reference the Contract Number, the CDRL number, and the date submitted. A copy of all correspondence sent to the Contracting Officer's Representative (COR) or Project Manager shall be simultaneously provided to the Contracting Officer.
Section E - Inspection and Acceptance
INSPECTION AND ACCEPTANCE TERMS
Supplies/services will be inspected/accepted at:
| CLIN |
| INSPECT AT |
| INSPECT BY |
| ACCEPT AT |
| ACCEPT BY |
| 0001 |
| Destination |
| Government |
| Destination |
| Government |
| 0002 |
| Destination |
| Government |
| Destination |
| Government |
| 0003 |
| Destination |
| Government |
| Destination |
| Government |
| 0004 |
| Destination |
| Government |
| Destination |
| Government |
| 0005 |
| Destination |
| Government |
| Destination |
| Government |
| 0006 |
| Destination |
| Government |
| Destination |
| Government |
| 0007 |
| Destination |
| Government |
| Destination |
| Government |
| 0008 |
| Destination |
| Government |
| Destination |
| Government |
| 0009 |
| Destination |
| Government |
| Destination |
| Government |
| 0010 |
| Destination |
| Government |
| Destination |
| Government |
CLAUSES INCORPORATED BY REFERENCE
| 52.246-4 |
| Inspection Of Services--Fixed Price |
| AUG 1996 |
| 52.246-5 |
| Inspection Of Services Cost-Reimbursement |
| APR 1984 |
| 52.246-7 |
| Inspection Of Research And Development Fixed Price |
| AUG 1996 |
| 52.246-8 |
| Inspection Of Research And Development Cost Reimbursement |
| MAY 2001 |
| 252.246-7000 |
| Material Inspection And Receiving Report |
| MAR 2008 |
Section F - Deliveries or Performance
DELIVERY INFORMATION
| CLIN |
| DELIVERY DATE |
| QUANTITY |
| SHIP TO ADDRESS |
| UIC |
| 0001 |
| POP 09-DEC-2009 TO |
08-DEC-2014
| N/A |
| DEFENSE THREAT REDUCTION AGENCY/RD-CXT |
TO BE DETERMINED
1680 TEXAS STREET, SE
KIRTLAND AFB NM 87117
HDTRA2
| 0002 |
| POP 09-DEC-2009 TO |
08-DEC-2014
| N/A |
| (SAME AS PREVIOUS LOCATION) |
HDTRA2
| 0003 |
| POP 09-DEC-2009 TO |
08-DEC-2014
| N/A |
| (SAME AS PREVIOUS LOCATION) |
HDTRA2
| 0004 |
| POP 09-DEC-2009 TO |
08-DEC-2014
| N/A |
| (SAME AS PREVIOUS LOCATION) |
HDTRA2
| 0005 |
| POP 09-DEC-2009 TO |
08-DEC-2014
| N/A |
| (SAME AS PREVIOUS LOCATION) |
HDTRA2
| 0006 |
| POP 09-DEC-2014 TO |
08-DEC-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
HDTRA2
| 0007 |
| POP 09-DEC-2014 TO |
08-DEC-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
HDTRA2
| 0008 |
| POP 09-DEC-2014 TO |
08-DEC-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
HDTRA2
| 0009 |
| POP 09-DEC-2014 TO |
08-DEC-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
HDTRA2
| 0010 |
| POP 09-DEC-2014 TO |
08-DEC-2019
| N/A |
| (SAME AS PREVIOUS LOCATION) |
HDTRA2
CLAUSES INCORPORATED BY REFERENCE
| 52.242-15 |
| Stop-Work Order |
| AUG 1989 |
| 52.242-15 Alt I |
| Stop-Work Order (Aug 1989) - Alternate I |
| APR 1984 |
| 52.247-34 |
| F.O.B. Destination |
| NOV 1991 |
Section G - Contract Administration Data
CLAUSES INCORPORATED BY FULL TEXT
252.201-9001 CONTRACTING OFFICE POINT OF CONTACT (POC) (Dec 2007) The POC in the Procuring Contracting Office for this contract action is Rudy Chavez, Contracting Officer, DTRA-BE-BCOQ, telephone number (505)846-8457, email address rudy.chavez@abq.dtra.mil.
CLAUSES INCORPORATED BY FULL TEXT
252.201-9002 CONTRACTING OFFICER'S REPRESENTATIVE (MAY 2007)
a. The Contracting Officer's Representative (COR) for this contract is:
DTRA/ CSNNT
TBD @ contract award
b. The COR will act as the Contracting Officer’s Representative for technical matters providing technical direction and discussion as necessary with respect to the specification/statement of work and monitoring the progress and quality of the Contractor’s performance. The COR is NOT an Administrative Contracting Officer (ACO) and does not have the authority to take any action, either directly or indirectly that would change the pricing, quality, quantity, place of performance, delivery schedule, or any other terms and conditions of the contract, or to direct the accomplishment of effort, which goes beyond the scope of the specifications/statement of work in the contract.
c. When, in the opinion of the contractor, the COR requests effort outside the existing scope of the contract, the contractor shall promptly notify the Contracting Officer in writing. No action shall be taken by the contractor under such direction until the Contracting Officer has issued a modification to the contract or has otherwise resolved the issue.
252.204-9002 PAYMENT INSTRUCTIONS FOR MULTIPLE ACCOUNTING CLASSIFICATION CITATIONS (AUG 2007)
In accordance with DFARS 204.7108 Payment Instructions, payment shall be made as identified below:
If there is more than one ACRN within a contract line item, the payment office will make payment in sequential ACRN order within the line item, exhausting all funds in the previous ACRN before paying from the next ACRN using the following sequential order: Alpha/Alpha; Alpha/Numeric; Numeric/Alpha; and Numeric/Numeric.
252.204-9003 Contractor Access to DTRA Facilities or Information Systems (AUG 2007)
Contractors requiring access to Defense Threat Reduction Agency (DTRA) facilities or information systems worldwide will be required to obtain a Common Access Card (CAC), and shall comply with the identity proofing, registration, and accreditation requirements provided by the DTRA Physical Security Branch, Security and Counterintelligence Directorate. Further information may be obtained by contacting the Physical Security Branch at 703-767-2972 or 7951.
252.216-9001 ACCRUAL OF FIXED FEE (OCT 1998)
Subject to the provisions of the Clause of this Contract entitled FIXED FEE, the fixed fee provided for in this Contract, as from time-to-time amended, shall accrue on each approved interim payment voucher in the same proportion to the total fixed fee that the approved voucher costs bear to the total estimated costs set forth in the Contract; provided, however, that any balance of the fixed fee remaining after completion of the work required under said Contract shall be deemed to accrue forthwith and be paid in accordance with the terms of the Contract.
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)
252.232-9007 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.
Section H - Special Contract Requirements
H1. 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.
(1) Maintenance of Objectivity: 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. 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 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 when directed by the Contracting Officer. 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: Restrictions upon use of government information and the requirement to protect proprietary information are permanent.
H2. ORDERING PROCEDURES
1. The Contracting Officer will issue a SOO or SOW, depending on the requirement, and a request for a complete, detailed proposal from the Contractor. The Contractor shall provide the Contracting Officer an original and copies (as specified) of a complete, detailed proposal. The proposal shall address:
(a) The comprehensive technical and management approach to accomplish the effort (to include a SOW if a SOO is issued with the RFP);
(b) Detailed cost or pricing in accordance with the instructions set forth in the Task Order RFP, using the rates defined in the rate table attached to the contract;
(c) Proposed schedule for completing the task order effort;
(d) Any other requested and/or pertinent information.
2. Upon proposal receipt, the Contracting officer and Technical Representative will evaluate the proposal, conduct discussions/negotiations if necessary and award the task order.
3. Proposals will be requested from contractors using a Statement of Objectives (SOO) or Statement of Work (SOW).
a) Statement of Objectives (SOO) - Contractor will perform in accordance with their proposed SOW that was developed in response to a Government–issued Statement of Objectives (SOO).
(b) Statement of Work (SOW) - the Government will require the contractor to perform in accordance with a government-prescribed Statement of Work (SOW)
H3. INSURANCE - WORK ON A GOVERNMENT INSTALLATION
a) Workers’ compensation and employer’s liability. Contractor is required to comply with applicable Federal and State workers’ compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer’s liability section of the insurance policy, except when contract operations are so commingled with a contractor’s commercial operations that it would not be practical to require this coverage. Employer’s liability coverage of at least $100,000 shall be required, except in States with exclusive or monopolistic funds that do not permit workers’ compensation to be written by private carriers.
(b) General liability. (1) Contractor is required to carry bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.
(c) Automobile liability. Contractor is required to carry automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage. The amount of liability coverage on other policies shall be commensurate with any legal requirements of the locality and sufficient to meet normal and customary claims.
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.
252.215-9004 KEY PERSONNEL (FEB 2000)
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 may ratify in writing the change, such ratification 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.
[Senior Technician/Program Coordinator]
252.223-9000 REPORTING OF CONTRACTOR ACQUIRED RADIOACTIVE MATERIALS
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, (BPS), 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.
(End of clause)
252.235-9000 SOURCES OF INFORMATION (JULY 2000)
a. The results of the research to be delivered to the Government under this Contract shall embody the most recent reliable information in the field which is available to the Contractor from private and governmental sources, and the Contractor agrees to utilize all sources of such information available to it. In this connection, information in this field which is in the control of DTRA shall, with the consent of the Contracting Officer's Representative (COR) and under such safeguards and procedures as he/she may prescribe, be made available to the Contractor on request. Additionally, the Contractor is encouraged to make use of the resources available through the Defense Threat Reduction Information Analysis Center (DTRIAC), 1680 Texas Street, Southeast, Kirtland AFB, New Mexico 87117.
b. Reasonable assistance in obtaining access to information, or in obtaining permission to use Government or private facilities, will be given to the Contractor by DTRA. Specifically, the Contractor must register with the Defense Technical Information Center, ATTN: DTIC, 8725 John J. Kingman Road, Suite 0944, Fort Belvoir, VA 22060-6218, in accordance with Defense Logistics Agency (DLA) Regulation 4185.10, Certification and Registration for Access to DoD Defense Technical Information. DD Form 1540, the registration form, shall be forwarded to the DTRA Contracting Officer for approval (DFARS 35.010(b)).
(End of clause)
252.247-9000 GOVERNMENT CONTRACTOR TRAVEL (JUL 2007)
The Joint Travel Regulation (JTR), Appendix E, Part I.A.1.b., states invitational travel applies to individuals acting in a capacity that is related directly to, or in connection with, official DOD activities; however, this does not include a contractor’s employee traveling in the performance of the contract. Appendix E, Part I.B.4. RESTRICTIONS, further states invitational travel must not be authorized for contractors. Appendix E, Part III states neither the JFTR nor the JTR may be used as official contractor travel regulations as they apply to uniformed personnel and Defense Department civilian employees and contain provisions, the use of which is illegal by contractors. The JTR can be viewed at https://secureapp2.hqda.pentagon.mil/perdiem
Discounts may be obtained for some travel related services (identified below); however, commercial vendors are under no obligation to extend Government rates for the Government’s travel and transportation programs to contractors working on behalf of the Federal Government. Contractors must contact their Contracting Officer Representative (COR) to obtain a Government Contractor Official Travel Letter of Identification, signed by the authorizing Contracting Officer.
Contract City-Pair Air Passenger Transportation Program and Other Government Fares. Use of GSA contract city-pair air passenger fares is governed by GSA’s contracts with the airlines and by the Defense Transportation Regulation (DOD 4500.9-R), Part I, Chapter 103. Use of other airfares reserved for Government employees on official business is governed by the airline fare structure and rules. Government contractors are not eligible to participate in the GSA city-pairs program for air passenger transportation services as of October 1, 1998.
Rail Service. Commercial passenger rail vendors may voluntarily offer discount rates to contractors traveling who are on official Government business at the vendor’s discretion.
Lodging Programs. GSA and Services’ lodging programs may voluntarily offer discount rates to contractors who are on official Government business at the vendor’s discretion.
Car Rental Program. Military Surface Deployment and Distribution Command (SDDC) negotiates special rate agreements with car rental companies available to all Government employees and uniformed personnel while traveling on official Government business. Some commercial car rental companies may voluntarily offer similar discount rates to Government contractors at the vendor's discretion.
Section I - Contract Clauses
CLAUSES INCORPORATED BY REFERENCE
| 52.202-1 |
| Definitions |
| JUL 2004 |
| 52.203-3 |
| Gratuities |
| APR 1984 |
| 52.203-5 |
| Covenant Against Contingent Fees |
| APR 1984 |
| 52.203-6 |
| Restrictions On Subcontractor Sales To The Government |
| SEP 2006 |
| 52.203-7 |
| Anti-Kickback Procedures |
| JUL 1995 |
| 52.203-8 |
| Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity |
| JAN 1997 |
| 52.203-10 |
| Price Or Fee Adjustment For Illegal Or Improper Activity |
| JAN 1997 |
| 52.203-12 |
| Limitation On Payments To Influence Certain Federal Transactions |
| SEP 2007 |
| 52.203-13 |
| Contractor Code of Business Ethics and Conduct |
| DEC 2008 |
| 52.204-2 |
| Security Requirements |
| AUG 1996 |
| 52.204-4 |
| Printed or Copied Double-Sided on Recycled Paper |
| AUG 2000 |
| 52.204-7 |
| Central Contractor Registration |
| APR 2008 |
| 52.204-9 |
| Personal Identity Verification of Contractor Personnel |
| SEP 2007 |
| 52.209-6 |
| Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment |
| SEP 2006 |
| 52.215-2 |
| Audit and Records--Negotiation |
| JUN 1999 |
| 52.215-8 |
| Order of Precedence--Uniform Contract Format |
| OCT 1997 |
| 52.215-10 |
| Price Reduction for Defective Cost or Pricing Data |
| OCT 1997 |
| 52.215-12 |
| Subcontractor Cost or Pricing Data |
| OCT 1997 |
| 52.215-14 |
| Integrity of Unit Prices |
| OCT 1997 |
| 52.215-15 |
| Pension Adjustments and Asset Reversions |
| OCT 2004 |
| 52.215-17 |
| Waiver of Facilities Capital Cost of Money |
| OCT 1997 |
| 52.215-18 |
| Reversion or Adjustment of Plans for Postretirement Benefits (PRB) Other than Pensions |
| JUL 2005 |
| 52.215-19 |
| Notification of Ownership Changes |
| OCT 1997 |
| 52.215-21 |
| Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications |
| OCT 1997 |
| 52.215-21 Alt II |
| Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications (Oct 1997) - Alternate II |
| OCT 1997 |
| 52.215-21 Alt IV |
| Requirements for Cost or Pricing Data or Information Other Than Cost or Pricing Data--Modifications (Oct 1997) - Alternate IV |
| OCT 1997 |
| 52.216-7 |
| Allowable Cost And Payment |
| DEC 2002 |
| 52.216-8 |
| Fixed Fee |
| MAR 1997 |
| 52.216-19 |
| Order Limitations |
| OCT 1995 |
| 52.219-8 |
| Utilization of Small Business Concerns |
| MAY 2004 |
| 52.219-9 Alt II (Dev) |
| Small Business Subcontracting Plan (Apr 2008) Alternate II (Devation) |
| OCT 2001 |
| 52.219-16 |
| Liquidated Damages-Subcontracting Plan |
| JAN 1999 |
| 52.222-3 |
| Convict Labor |
| JUN 2003 |
| 52.222-4 |
| Contract Work Hours and Safety Standards Act - Overtime Compensation |
| JUL 2005 |
| 52.222-21 |
| Prohibition Of Segregated Facilities |
| FEB 1999 |
| 52.222-26 |
| Equal Opportunity |
| MAR 2007 |
| 52.222-35 |
| Equal Opportunity For Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans |
| SEP 2006 |
| 52.222-36 |
| Affirmative Action For Workers With Disabilities |
| JUN 1998 |
| 52.222-37 |
| Employment Reports On Special Disabled Veterans, Veterans Of The Vietnam Era, and Other Eligible Veterans |
| SEP 2006 |
| 52.222-39 |
| Notification of Employee Rights Concerning Payment of Union Dues or Fees |
| DEC 2004 |
| 52.222-41 |
| Service Contract Act Of 1965 |
| NOV 2007 |
| 52.222-43 |
| Fair Labor Standards Act And Service Contract Act - Price Adjustment (Multiple Year And Option) |
| NOV 2006 |
| 52.222-50 |
| Combating Trafficking in Persons |
| AUG 2007 |
| 52.223-5 |
| Pollution Prevention and Right-to-Know Information |
| AUG 2003 |
| 52.223-6 |
| Drug-Free Workplace |
| MAY 2001 |
| 52.223-10 |
| Waste Reduction Program |
| AUG 2000 |
| 52.223-12 |
| Refrigeration Equipment and Air Conditioners |
| MAY 1995 |
| 52.223-14 |
| Toxic Chemical Release Reporting |
| AUG 2003 |
| 52.225-13 |
| Restrictions on Certain Foreign Purchases |
| JUN 2008 |
| 52.227-1 Alt I |
| Authorization And Consent (Dec 2007) - Alternate I |
| APR 1984 |
| 52.227-2 |
| Notice And Assistance Regarding Patent And Copyright Infringement |
| DEC 2007 |
| 52.227-11 Alt II |
| Patent Rights--Ownership by the Contractor (Dec 2007) - Alternate II |
| DEC 2007 |
| 52.228-7 |
| Insurance--Liability To Third Persons |
| MAR 1996 |
| 52.229-3 |
| Federal, State And Local Taxes |
| APR 2003 |
| 52.229-10 |
| State of New Mexico Gross Receipts and Compensating Tax |
| APR 2003 |
| 52.230-2 |
| Cost Accounting Standards |
| APR 1998 |
| 52.230-6 |
| Administration of Cost Accounting Standards |
| MAR 2008 |
| 52.232-1 |
| Payments |
| APR 1984 |
| 52.232-2 |
| Payments Under Fixed-Price Research And Development Contracts |
| APR 1984 |
| 52.232-8 |
| Discounts For Prompt Payment |
| FEB 2002 |
| 52.232-9 |
| Limitation On Withholding Of Payments |
| APR 1984 |
| 52.232-11 |
| Extras |
| APR 1984 |
| 52.232-17 |
| Interest |
| OCT 2008 |
| 52.232-20 |
| Limitation Of Cost |
| APR 1984 |
| 52.232-22 |
| Limitation Of Funds |
| APR 1984 |
| 52.232-23 |
| Assignment Of Claims |
| JAN 1986 |
| 52.232-23 Alt I |
| Assignment of Claims (Jan 1986) - Alternate I |
| APR 1984 |
| 52.232-25 Alt I |
| Prompt Payment (Oct 2008) Alternate I |
| FEB 2002 |
| 52.232-33 |
| Payment by Electronic Funds Transfer--Central Contractor Registration |
| OCT 2003 |
| 52.233-1 Alt I |
| Disputes (Jul 2002) - Alternate I |
| DEC 1991 |
| 52.233-3 Alt I |
| Protest After Award (Aug 1996) - Alternate I |
| JUN 1985 |
| 52.233-4 |
| Applicable Law for Breach of Contract Claim |
| OCT 2004 |
| 52.237-1 |
| Site Visit |
| APR 1984 |
| 52.237-2 |
| Protection Of Government Buildings, Equipment, And Vegetation |
| APR 1984 |
| 52.237-3 |
| Continuity Of Services |
| JAN 1991 |
| 52.242-1 |
| Notice of Intent to Disallow Costs |
| APR 1984 |
| 52.242-3 |
| Penalties for Unallowable Costs |
| MAY 2001 |
| 52.242-4 |
| Certification of Final Indirect Costs |
| JAN 1997 |
| 52.242-13 |
| Bankruptcy |
| JUL 1995 |
| 52.243-1 Alt V |
| Changes--Fixed-Price (Aug 1987) - Alternate V |
| APR 1984 |
| 52.243-2 Alt II |
| Changes--Cost Reimbursement (Aug 1987) - Alternate II |
| APR 1984 |
| 52.243-2 Alt V |
| Changes--Cost-Reimbursement (Aug 1987) - Alternate V |
| APR 1984 |
| 52.243-6 |
| Change Order Accounting |
| APR 1984 |
| 52.244-2 |
| Subcontracts |
| JUN 2007 |
| 52.244-5 |
| Competition In Subcontracting |
| DEC 1996 |
| 52.244-6 |
| Subcontracts for Commercial Items |
| MAR 2009 |
| 52.245-1 |
| Government Property |
| JUN 2007 |
| 52.245-9 |
| Use And Charges |
| JUN 2007 |
| 52.246-23 |
| Limitation Of Liability |
| FEB 1997 |
| 52.246-25 |
| Limitation Of Liability--Services |
| FEB 1997 |
| 52.249-2 |
| Termination For Convenience Of The Government (Fixed-Price) |
| MAY 2004 |
| 52.249-6 |
| Termination (Cost Reimbursement) |
| MAY 2004 |
| 52.249-8 |
| Default (Fixed-Price Supply & Service) |
| APR 1984 |
| 52.249-9 |
| Default (Fixed-Priced Research And Development) |
| APR 1984 |
| 52.249-14 |
| Excusable Delays |
| APR 1984 |
| 52.251-1 |
| Government Supply Sources |
| APR 1984 |
| 52.253-1 |
| Computer Generated Forms |
| JAN 1991 |
| 252.201-7000 |
| Contracting Officer's Representative |
| DEC 1991 |
| 252.203-7000 |
| Requirements Relating to Compensation of Former DoD Officials |
| JAN 2009 |
| 252.203-7001 |
| Prohibition On Persons Convicted of Fraud or Other Defense-Contract-Related Felonies |
| DEC 2008 |
| 252.203-7002 |
| Requirement to Inform Employees of Whistleblower Rights |
| JAN 2009 |
| 252.204-7000 |
| Disclosure Of Information |
| DEC 1991 |
| 252.204-7003 |
| Control Of Government Personnel Work Product |
| APR 1992 |
| 252.204-7004 Alt A |
| Central Contractor Registration (52.204-7) Alternate A |
| SEP 2007 |
| 252.204-7005 |
| Oral Attestation of Security Responsibilities |
| NOV 2001 |
| 252.204-7009 |
| Requirements Regarding Potential Access to Export-Controlled Items |
| JUL 2008 |
| 252.204-7010 |
| Requirement for Contractor to Notify DoD if the Contractor's Activities are Subject to Reporting Under the U.S.- International Atomic Energy Agency Additional Protocol |
| JAN 2009 |
| 252.205-7000 |
| Provision Of Information To Cooperative Agreement Holders |
| DEC 1991 |
| 252.209-7004 |
| Subcontracting With Firms That Are Owned or Controlled By The Government of a Terrorist Country |
| DEC 2006 |
| 252.211-7003 |
| Item Identification and Valuation |
| AUG 2008 |
| 252.211-7007 |
| Reporting of Government-Furnished Equipment in the DoD Item Unique Identification (IUID) Registry |
| NOV 2008 |
| 252.215-7000 |
| Pricing Adjustments |
| DEC 1991 |
| 252.215-7002 |
| Cost Estimating System Requirements |
| DEC 2006 |
| 252.215-7004 |
| Excessive Pass-Through Charges |
| MAY 2008 |
| 252.219-7003 |
| Small Business Subcontracting Plan (DOD Contracts) |
| APR 2007 |
| 252.223-7002 |
| Safety Precautions For Ammunition And Explosives |
| MAY 1994 |
| 252.223-7003 |
| Changes In Place Of Performance--Ammunition And Explosives |
| DEC 1991 |
| 252.223-7004 |
| Drug Free Work Force |
| SEP 1988 |
| 252.225-7001 |
| Buy American Act And Balance Of Payments Program |
| JUN 2005 |
| 252.225-7002 |
| Qualifying Country Sources As Subcontractors |
| APR 2003 |
| 252.225-7004 |
| Report of Contract Performance Outside the United States and Canada--Submission after Award |
| MAY 2007 |
| 252.225-7006 |
| Quarterly Reporting of Actual Contract Performance Outside the United States |
| MAY 2007 |
| 252.225-7012 |
| Preference For Certain Domestic Commodities |
| MAR 2008 |
| 252.226-7001 |
| Utilization of Indian Organizations and Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns |
| SEP 2004 |
| 252.227-7013 |
| Rights in Technical Data--Noncommercial Items |
| NOV 1995 |
| 252.227-7016 |
| Rights in Bid or Proposal Information |
| JUN 1995 |
| 252.227-7026 |
| Deferred Delivery Of Technical Data Or Computer Software |
| APR 1988 |
| 252.227-7027 |
| Deferred Ordering Of Technical Data Or Computer Software |
| APR 1988 |
| 252.227-7030 |
| Technical Data--Withholding Of Payment |
| MAR 2000 |
| 252.227-7037 |
| Validation of Restrictive Markings on Technical Data |
| SEP 1999 |
| 252.227-7039 |
| Patents--Reporting Of Subject Inventions |
| APR 1990 |
| 252.231-7000 |
| Supplemental Cost Principles |
| DEC 1991 |
| 252.232-7010 |
| Levies on Contract Payments |
| DEC 2006 |
| 252.235-7010 |
| Acknowledgment of Support and Disclaimer |
| MAY 1995 |
| 252.235-7011 |
| Final Scientific or Technical Report |
| NOV 2004 |
| 252.242-7004 |
| Material Management And Accounting System |
| NOV 2005 |
| 252.243-7001 |
| Pricing Of Contract Modifications |
| DEC 1991 |
| 252.243-7002 |
| Requests for Equitable Adjustment |
| MAR 1998 |
| 252.244-7000 |
| Subcontracts for Commercial Items and Commercial Components (DoD Contracts) |
| JAN 2009 |
| 252.247-7023 |
| Transportation of Supplies by Sea |
| MAY 2002 |
| 252.247-7024 |
| Notification Of Transportation Of Supplies By Sea |
| MAR 2000 |
| 252.251-7000 |
| Ordering From Government Supply Sources |
| NOV 2004 |
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) 52.216-22 Indefinite Quantity. (OCT 1995)
(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.
(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum". The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum".
(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.
(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period; provided, that the Contractor shall not be required to make any deliveries under this contract after 07 December 2020 (One year from the end of the ordering period.).
(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 on or before the contract expiration date, 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 10 years from date of award.
(End of clause)
52.222-2 PAYMENT FOR OVERTIME PREMIUMS (JUL 1990)
(a) The use of overtime is authorized under this contract if the overtime premium cost does not exceed 0% or the overtime premium is paid for work --
(1) Necessary to cope with emergencies such as those resulting from accidents, natural disasters, breakdowns of production equipment, or occasional production bottlenecks of a sporadic nature;
(2) By indirect-labor employees such as those performing duties in connection with administration, protection, transportation, maintenance, standby plant protection, operation of utilities, or accounting;
(3) To perform tests, industrial processes, laboratory procedures, loading or unloading of transportation conveyances, and operations in flight or afloat that are continuous in nature and cannot reasonably be interrupted or completed otherwise; or
(4) That will result in lower overall costs to the Government.
(b) Any request for estimated overtime premiums that exceeds the amount specified above shall include all estimated overtime for contract completion and shall--
(1) Identify the work unit; e.g., department or section in which the requested overtime will be used, together with present workload, staffing, and other data of the affected unit sufficient to permit the Contracting Officer to evaluate the necessity for the overtime;
(2) Demonstrate the effect that denial of the request will have on the contract delivery or performance schedule;
(3) Identify the extent to which approval of overtime would affect the performance or payments in connection with other Government contracts, together with identification of each affected contract; and
(4) Provide reasons why the required work cannot be performed by using multishift operations or by employing additional personnel.
(End of clause)
52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)
In compliance with the Service Contract Act of 1965, as amended, and the regulations of the Secretary of Labor (29 CFR Part 4), this clause identifies the classes of service employees expected to be employed under the contract and states the wages and fringe benefits payable to each if they were employed by the contracting agency subject to the provisions of 5 U.S.C. 5341 or 5332.
THIS STATEMENT IS FOR INFORMATION ONLY: IT IS NOT A WAGE DETERMINATION
Employee Class
Monetary Wage-Fringe Benefits
Electrician, Maintenance
$18.15 - $3.35
Radiologic Technologist
$23.65 - $3.35
Truckdriver, medium
$16.60 - $3.35
(End of clause)
52.228-5 INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
(a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract.
(b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective (1) for such period as the laws of the State in which this contract is to be performed prescribe, or (2) until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer.
(c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request.
(End of clause)
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):
http://farsite.hill.af.mil (End of clause)
252.203-9004 ETIOLOGIC AGENTS—BIOLOGICAL DEFENSE RESEARCH PROGRAM (FEB 2008)
a. For purpose of this contract etiologic agent--biological defense program is defined as: any viable microorganism, or its toxin which causes or may cause human disease, including those agents listed in 42 CFR 73, 9 CFR 121, and 7 CFR 331, of the Department of Health and Human Services and Department of Agriculture regulations, respectively, and any agent of biological origin that poses a degree of hazard to those agents and is further identified by the US Army. The contractor shall comply with the following when working with etiologic agents:
(1) 29 Code of Federal Regulations 1910, Occupational Health and Safety;
(2) US Department of Health and Human Services (DHHS) and US Department of Agriculture, Select Agent Program(s), 42 CFR 73, 9 CFR 121, and 7 CFR 331; and
(3) DHHS Publication No. 93-8395, Biosafety in Microbiological and Biomedical Laboratories, latest edition.
b. Etiologic agents shall be packaged, labeled, shipped, and transported in accordance with applicable Federal, State, and local laws and regulations, to include:
(1) 42 CFR 72 (Interstate Shipment of Etiologic Agents);
(2) 49 CFR 172 and 173 (Department of Transportation);
(3) 9 CFR 122 (USDA Restricted Animal Pathogens);
(4) International Air Transport Association Dangerous Goods Regulations;
(5) The United States Postal Service shall not be used for transportation of BDRP related etiologic agents; and
(6) If performance is outside of the United States, any additional procedures required by the nation where the work is to be performed.
252.204-7000 DISCLOSURE OF INFORMATION (DEC 1991)
(a) The Contractor shall not release to anyone outside the Contractor's organization any unclassified information, regardless of medium (e.g., film, tape, document), pertaining to any part of this contract or any program related to this contract, unless--
(1) The Contracting Officer has given prior written approval; or
(2) The information is otherwise in the public domain before the date of release.
(b) Requests for approval shall identify the specific information to be released, the medium to be used, and the purpose for the release. The Contractor shall submit its request to the Contracting Officer at least 45 days before the proposed date for release.
(c) The Contractor agrees to include a similar requirement in each subcontract under this contract. Subcontractors shall submit requests for authorization to release through the prime contractor to the Contracting Officer.
(End of clause)
252.204-9004 IMPLEMENTATION OF DISCLOSURE OF INFORMATION (JUN 2007)
In accordance with DFARS 252.204-7000 Disclosure of Information, any information to be released shall be submitted at least 45 days before the proposed release date, for security and policy review. Submit one copy to each below:
(a) Office of Public Affairs, DTRA/DIR/COS/PA, 8725 John J. Kingman Dr, MS 6201, Ft Belvoir VA 22060-6201.
(b) Contracting Officer
(c) Program Manager
(d) Task Order Manager
(End of Clause)
252.227-7025 LIMITATIONS ON THE USE OR DISCLOSURE OF GOVERNMENT-FURNISHED INFORMATION MARKED WITH RESTRICTIVE LEGENDS. (JUN 1995)
(a)(1) For contracts requiring the delivery of technical data, the terms "limited rights" and "Government purpose rights" are defined in the Rights in Technical Data--Noncommercial Items clause of this contract.
(2) For contracts that do not require the delivery of technical data, the terms "government purpose rights" and "restricted rights" are defined in the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause of this contract.
(3) For Small Business Innovative Research program contracts, the terms "limited rights" and "restricted rights" are defined in the Rights in Noncommercial Technical Data and Computer Software--Small Business Innovative Research (SBIR) Program clause of this contract.
(b) Technical data or computer software provided to the Contractor as Government furnished information (GFI) under this contract may be subject to restrictions on use, modification, reproduction, release, performance, display, or further disclosure.
(1) GFI marked with limited or restricted rights legends. The Contractor shall use, modify, reproduce, perform, or display technical data received from the Government with limited rights legends or computer software received with restricted rights legends only in the performance of this contract. The Contractor shall not, without the express written permission of the party whose name appears in the legend, release or disclose such data or software to any person.
(2) GFI marked with government purpose rights legends. The Contractor shall use technical data or computer software received from the Government with government purpose rights legends for government purposes only. The Contractor shall not, without the express written permission of the party whose name appears in the restrictive legend, use, modify, reproduce, release, perform, or display such data or software for any commercial purpose or disclose such data or software to a person other than its subcontractors, suppliers, or prospective subcontractors or suppliers, who require the data or software to submit offers for, or perform, contracts under this contract. Prior to disclosing the data or software, the Contractor shall require the persons to whom disclosure will be made to complete and sign the non-disclosure agreement at 227.7103-7 of the Defense Federal Acquisition Regulation Supplement (DFARS).
(3) GFI marked with specially negotiated license rights legends. The Contractor shall use, modify, reproduce, release, perform, or display technical data or computer software received from the Government with specially negotiated license legends only as permitted in the license. Such data or software may not be released or disclosed to other persons unless permitted by the license and, prior to release or disclosure, the intended recipient has completed the non-disclosure agreement at DFARS 227.7103-7. The Contractor shall modify paragraph (1)(c) of the non-disclosure agreement to reflect the recipient's obligations regarding use, modification, reproduction, release, performance, display, and disclosure of the data or software.
(c) Indemnification and creation of third party beneficiary rights. The Contractor agrees--
(1) To indemnify and hold harmless the Government, its agents, and employees from every claim or liability, including attorneys fees, court costs, and expenses, arising out of, or in any way related to, the misuse…
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