HT0011-11-R-0003 Pacific JITC Solicitation

Section B - Supplies or Services and Prices

UNDEFINED

Research and Development-CPFF-Base Year

CPFF

The Contractor shall perform research and development (R&D) services in accordance with the Statement of Objectives (SOO) and individual task order Performance Work Statement (PWS), Statement of Objectives (SOO), and/or Statement of Work (SOW).

FOB: Destination

MAX COST

FIXED FEE

TOTAL MAX COST + FEE

UNDEFINED

Research and Development-FFP-Base Year

FFP

The Contractor shall perform research and development (R&D) services in accordance with the Statement of Objectives (SOO) and individual task order Performance Work Statement (PWS), Statement of Objectives (SOO), and/or Statement of Work (SOW).

MAX

NET AMT

UNDEFINED

Travel/Other Direct Costs-Cost-Base Year

COST

The Contractor shall perform research and development (R&D) services in accordance with the Statement of Objectives (SOO) and individual task order Performance Work Statement (PWS), Statement of Objectives (SOO), and/or Statement of Work (SOW).

MAX COST

UNDEFINED

CPFF

The Contractor shall perform research and development (R&D) services in accordance with the Statement of Objectives (SOO) and individual task order Performance Work Statement (PWS), Statement of Objectives (SOO), and/or Statement of Work (SOW).

UNDEFINED

FFP

The Contractor shall perform research and development (R&D) services in accordance with the Statement of Objectives (SOO) and individual task order Performance Work Statement (PWS), Statement of Objectives (SOO), and/or Statement of Work (SOW).

MAX

UNDEFINED

COST

The Contractor shall perform research and development (R&D) services in accordance with the Statement of Objectives (SOO) and individual task order Performance Work Statement (PWS), Statement of Objectives (SOO), and/or Statement of Work (SOW).

MAX COST

UNDEFINED

CPFF

The Contractor shall perform research and development (R&D) services in accordance with the Statement of Objectives (SOO) and individual task order Performance Work Statement (PWS), Statement of Objectives (SOO), and/or Statement of Work (SOW).

UNDEFINED

FFP

The Contractor shall perform research and development (R&D) services in accordance with the Statement of Objectives (SOO) and individual task order Performance Work Statement (PWS), Statement of Objectives (SOO), and/or Statement of Work (SOW).

MAX

UNDEFINED

COST

The Contractor shall perform research and development (R&D) services in accordance with the Statement of Objectives (SOO) and individual task order Performance Work Statement (PWS), Statement of Objectives (SOO), and/or Statement of Work (SOW).

MAX COST

UNDEFINED

CPFF

The Contractor shall perform research and development (R&D) services in accordance with the Statement of Objectives (SOO) and individual task order Performance Work Statement (PWS), Statement of Objectives (SOO), and/or Statement of Work (SOW).

UNDEFINED

FFP

The Contractor shall perform research and development (R&D) services in accordance with the Statement of Objectives (SOO) and individual task order Performance Work Statement (PWS), Statement of Objectives (SOO), and/or Statement of Work (SOW).

MAX

UNDEFINED

COST

The Contractor shall perform research and development (R&D) services in accordance with the Statement of Objectives (SOO) and individual task order Performance Work Statement (PWS), Statement of Objectives (SOO), and/or Statement of Work (SOW).

MAX COST

UNDEFINED

CPFF

The Contractor shall perform research and development (R&D) services in accordance with the Statement of Objectives (SOO) and individual task order Performance Work Statement (PWS), Statement of Objectives (SOO), and/or Statement of Work (SOW).

UNDEFINED

FFP

The Contractor shall perform research and development (R&D) services in accordance with the Statement of Objectives (SOO) and individual task order Performance Work Statement (PWS), Statement of Objectives (SOO), and/or Statement of Work (SOW).

MAX

UNDEFINED

COST

The Contractor shall perform research and development (R&D) services in accordance with the Statement of Objectives (SOO) and individual task order Performance Work Statement (PWS), Statement of Objectives (SOO), and/or Statement of Work (SOW).

MAX COST

Section C - Descriptions and Specifications

STATEMENT OF WORK

See Section J – Attachment 1 Section D - Packaging and Marking N/A Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY REFERENCE

Section F - Deliveries or Performance

DELIVERY INFORMATION

14-DEC-2012

14-DEC-2013

14-DEC-2014

14-DEC-2015

14-DEC-2016

DELIVERIES OR PERFORMANCE

F-1 Term of Contract

(a) The term of the contract commences on the effective date of the contract and continues through 12 months thereafter, as set forth in CLINS 0001-0003.

(b) The period of performance for Option 1, as set forth in CLINS 0004-0006, shall be from the effective date of the option exercise through 12 months thereafter.

(c) The period of performance for Option 2, as set forth in CLINS 0007-0009, shall be from the effective date of the option exercise through 12 months thereafter.

(d) The period of performance for Option 3, as set forth in CLIN 0010-0012, shall be from the effective date of the option exercise through 12 months thereafter.

(e) The period of performance for Option 4, as set forth in CLIN 0013-0015, shall be from the effective date of the option exercise through 12 months thereafter.

(end of clause)

F-2 Reports and Other Deliverables

(a) Delivery of all reports and other deliverables shall be made to the addressee specified in F-3 entitled “Report Distribution” in accordance with the following:

Item No.

Description

Due Date (on or before) As specified in the individual task orders (end of clause)

F-3 Report Distribution

To Be Determined Upon Award

(end of clause)

F-4 Notice Regarding Late Delivery

(a) In the event the Contractor anticipates difficulty in complying with the contract and / or task order delivery schedule, the Contractor shall immediately notify the Contracting Officer in writing, giving pertinent details, including the date by which it expects to make delivery; PROVIDED, however, that this date shall be informational only in character and the receipt thereof shall not be construed as a waiver by the Government of any contract delivery schedule, or any rights or remedies provided by law or under this contract.

(end of clause) F-5 Place of Performance The Contractor shall perform primary activity at the Contractor facility in Hawaii. It is expected that the Contractor will use the Pacific JITC Integrated Test and Evaluation Center (ITEC) located in Kihei, HI as a primary software development platform host and testing for the applications.

Contractors shall provide for their own space. All or a portion of the work will need to be completed in Hawaii. Contractors must have an office in Hawaii. The Contractor will have access to the virtual resources of the ITEC to host IT solutions that are being researched and interagency applications in support of interoperability testing and manage de-identified data to support testing. The ITEC has limited physical space and can only host Contractor personnel on a very limited basis to perform certain tasks.

(end of clause) Section G - Contract Administration Data

INVOICING AND PAYMENTS

G-1 Invoices

The Contractor is responsible for properly preparing and forwarding to the appropriate Government official, the invoice and receiving report for payment. The Contractor shall attach back up information to receiving reports for direct labor and Other Direct Costs (ODCs). Direct labor backup information shall reflect the person’s name, job title and quantity of hours worked for each pay period at a minimum. Backup information for ODCs shall list all elements of costs, such as travel breakout backup, including itinerary, dates of travel, name of employees traveling plus per diem costs shall accompany the receiving report. All ODCs exceeding $3,000 requires that the Contractor conduct appropriate competition.

Fixed Price Contracts

The Contractor shall submit invoices for fixed price task orders using the following instructions:

The Contractor is responsible for submitting invoices and initiating receiving reports electronically through Wide Area Work Flow – Receipt and Acceptance (WAWF) for goods and services rendered under this Contract. For fixed price contracts, the WAWF 2 IN 1 format (for services), and the COMBO format (only for supplies or equipment), are the preferred methods of processing electronic invoices and receiving reports within TMA. Back up documentation (such as timesheets, etc.) can be included and attached to WAWF documents as requested by the responsible COR. Attachments created in any Microsoft Office product are attachable to the invoice in WAWF.

Contractor personnel (WAWF Vendor role) shall self-register at the web site: https://wawf.eb.mil/, and be activated by the Contractor’s designated Electronic Business Point of Contact. WAWF training is available on the internet at http://wawftraining.com.

The Contractor shall submit invoices for payment and initiate receiving reports every month.

The Government shall process invoices for payment and associated receiving reports every month.

Prior to submitting the first WAWF-RA electronic form for a given task order, Contractors should first coordinate with the assigned TMA COR.

When initiating documents within WAWF, Contractors shall use the appropriate two-part TMA location code to include BOTH the Government Acceptor DoDAAC / Extension (Ext) fields and the Local Processing Office (LPO) DoDAAC / Extension fields as displayed within the WAWF application and illustrated below:

Service Acceptor /

Ext. LPO DoDAAC / Ext.

HT0003 | ________ HT0003 | ________

Cost Contracts

(a) Invoices for goods received or services rendered under this contract shall be submitted electronically through Wide Area Work Flow – Receipt and Acceptance (WAWF):

(1) Vendors that have never used WAWF shall follow the directions in the WAWF Vendor Getting Started Guide available at the following website: http://www.dfas.mil/contractorpay/electroniccommerce/wideareaworkflow.html. This website also contains links for Vendor training and practice. Additional support can be obtained by calling WAWF Customer Service at 866-618-5988.

(2) Back up documentation (such as timesheets, monthly status reports, etc.) can be included and attached to the invoice in WAWF. Attachments should be in PDF format, but Attachments created in any Microsoft Office product may be attached. Total limit for the size of files per invoice is 5 megabytes.

(b) The following information, regarding invoice routing DoDAAC’s, must be entered for completion of the invoice in WAWF:

Contracting Officers shall select/supply the correct information:

WAWF Invoice Type:

-- Select Cost Voucher

Issuing Office DoDAAC:

HT0011

Admin Office DoDAAC:

Service Approver DoDAAC:

Paying Office DoDAAC:

(c) Cost Vouchers from Contractors approved by DCAA for direct billing will be directly routed to DFAS. Cost Vouchers from Contractors not approved for direct billing will be routed to DCAA for approval before the Cost Voucher is routed to DFAS. All Final Cost Voucher submissions will be routed to the Service Approver for approval. The DCAA office for this award is:

To Be Determined upon contract award

(d) For each invoice/cost voucher submitted for payment, the contractor shall also e-mail the WAWF automated invoice notice directly to the following points of contact:

To be determined upon contract award

COR

(end of clause) G-2 Procuring Office Representative The Procuring Office Representatives for this contract are:

To be determined upon contract award (end of clause) G-3 Contracting Officer’s Representative (COR)

(a) Performance of work under this contract shall be subject to the technical direction of: To be determined upon contract award. Such technical direction includes those instructions to the Contractor necessary to accomplish the Statement of Objectives or Task Order Performance Work Statement. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The COR does not have the authority to alter the Contractor’s obligations or to change the specifications of the contract.

(b) Technical direction shall not include any direction which:

(1) Constitutes additional work outside the scope of work;

(2) Constitutes a change as defined in Section I contract clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the total estimated cost or the time required for contract performance; or

(4) Changes any of the stated terms, conditions, or specifications of the contract.

(end of clause) G-4 Payment Instructions for Multiple Accounting Classification Citations

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

(end of clause)

G-6 Payment of Cost

(a) As consideration for the proper performance of work required under this contract, the Contractor shall be paid as follows:

Costs, as provided for under Section I contract clause titled “Allowable Cost and Payment” not to exceed the amount set forth as “Total Estimated Cost” in Section B, and subject further to those Section I clauses entitled “Limitation of Cost” or “Limitation of Funds.”

(end of clause)

Section H - Special Contract Requirements

LOCAL CLAUSES

H-1

Classified Work

Tasks can range from Unclassified to SECRET. A DD Form 254 will be issued by the Government if a Task Order is deemed classified. For classified tasks, the requirements, restrictions and other safeguards prescribed by the National Industrial Security Program Operating Manual (NISPOM), DoD 5220.22-M and supplements apply. The provisions of DoDI 8510.01, Department of Defense Information Assurance Certification and Accreditation Process (DIACAP) apply. Contractor employees shall be authorized Common Access Cards (CAC) for identification and implementation of PKI access controls to Government controlled networks. Security requirements are defined by the DoD Contract Security Classification Specification, DD Form 254. The Contractor shall provide an appropriate means of storage for classified documents, classified equipment and materials, and non-classified equipment and materials, in accordance with Operational Security (OPSEC) and Communications Security (COMSEC) requirements. The Contractor shall obtain a COMSEC account in accordance with DD Form 254 within 120 days after contract award. Security clearance requirements for Contractor personnel, up to and including SECRET will be specified in individual task orders.

(end of clause) H-2

Control of Purchases

The Contractor shall ensure that all supplies and services which they purchase from suppliers conform to contract requirements. The Contractor shall require that their Subcontractors control the quality of their services and supplies.

(end of clause)

H-3

Government Furnished Property / Equipment (GFP/GFE) For all Government Furnished Property and Government Furnished Equipment received under this contract and task orders, the Contractor shall conduct all necessary examinations, inspections, maintenance, and tests. The Contractor shall be responsible for maintaining an inventory and safeguarding all GFP and GFE. The Contractor shall also report all inspection results, maintenance actions, losses, and damage to the Government. In the event of loss or damage, the Contractor shall submit in writing a detailed account of the event to include the item(s) and suggested remedies to the COR and the CO no later than five (5) calendar days after the event.

(end of clause) H-4

Other Direct Costs (ODC)

ODCs shall be billed on a cost reimbursable basis against the Cost CLINS. Costs are defined as the purchase price of materials or service plus general and administrative charges (G&A) or material and handling charges (M&H). All ODCs shall be fully supported in compliance with all competition requirements of the FAR PART 19. All ODCs shall be reported as stated in the Monthly Progress Report.

(end of clause)

H-5

Travel Arrangements for and costs of all travel, transportation, meals, lodging, and incidentals are the responsibility of the Contractor. Travel costs shall be incurred and billed in accordance with FAR Part 31. Costs for these expenses will be reviewed, certified and approved by the COR. All travel and transportation shall utilize commercial sources and carriers. The Government will not pay for business class or first-class travel. Allowable and unallowable travel expenses is defined in FAR PART 31.205-46 and the Joint Travel Regulation.

(end of clause) H-6

Dissemination of Information

There shall be no dissemination or publication, except within and between the Contractor and any Subcontractors or specified Integrated Product/Process Team (IPT) members who have a need to know, of information developed under this order or contained in the reports to be furnished pursuant to this order without prior written approval of the COR and the CO. TMA approval for publication will require provisions which protect the intellectual property and patent rights of both the Government and the Contractor.

(end of clause) H-7

Key Personnel

(a) The Contractor shall notify the Contracting Officer prior to making any change in key personnel. Key personnel are defined as follows:

To be determined upon award

(b) The Contractor must demonstrate that the qualifications of the prospective personnel are equal to or better than the qualifications of the personnel being replaced. Notwithstanding any of the foregoing provisions, key personnel shall be furnished unless the Contractor has demonstrated to the satisfaction of the COR that the qualifications of the proposed substitute personnel are equal to or better than the qualifications of the personnel being replaced. Substitutions of quoted Key Personnel shall not be allowed for a period of six (6) months after award, except under extreme circumstances.

(c) For temporary and/or permanent replacement of Key Personnel, the Contractor shall provide a resume for each individual to the COR. Resumes shall be provided at least two (2) weeks (or as mutually agreed upon) prior to making any personnel changes for Government approval. The Government reserves the right to pre-approve any replacement or substitution of Key Personnel. Contractor personnel must submit necessary information to be issued a clearance prior to reporting for performance.

(end of clause) H-8

Insurance Schedule

The Contractor shall maintain the types of insurance listed in FAR 28.307-2 (a), (b) and (c), with the minimum amounts of liability indicated therein. The types of insurance coverage listed in paragraphs (d) and (e) shall also be maintained when applicable.

(end of clause)

H-9

Small Business Subcontracting Plan and Goals

The Contractor’s Small Business Subcontracting Plan, dated (to be determined upon award), is incorporated herein and made a part of this contract by reference.

(end of clause)

H-10 Proprietary Technical Data and Computer Software

Any deliverable technical data or computer software developed or generated at private expense and considered to be proprietary by the Contractor or subcontractors shall be delivered in accordance with DFARS 252.227-7013 and 252.227-7014. A list of such data and/or software is incorporated into the contract as Attachment No. (to be determined upon award).

(end of clause) H-13 Contractor Code of Business Ethics

The “agency Office of the Inspector General” referenced in FAR clause 52.203-13, “Contractor Code of Business Ethics” (APRIL 2010) contained in Section I of this Contract, shall be the Department of Defense Office of the Inspector General (DoD OIG). Contact information is as follows:

Office of the Inspector General

United States Department of Defense

Investigative Policy and Oversight

Contract Disclosure Program

400 Army Navy Drive, Suite 1037

Arlington, VA 22202-4704

Toll Free Telephone: 866-429-8011

(end of clause)

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.203-14 DISPLAY OF HOTLINE POSTER(S) (DEC 2007)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

http://www.dodig.mil/HOTLINE/hotline_posters.htm

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5,000,000, except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

(End of clause)

CLAUSES INCORPORATED BY FULL TEXT

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (MAY 2011)

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is 541512

(2) The small business size standard is $25 Million

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

(__) Paragraph (d) applies.

(__) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless--

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

(C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business).This provision applies to solicitations that--

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations--Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, or 2010.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.223-5, Pollution Prevention and Right-to-Know Information (May 2011) (E.O. 13423) (Applies to services performed on Federal facilities).

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA-designated items.

(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act--Free Trade Agreements—Israeli Trade Act Certificate. (Basic, Alternate I, and Alternate II) This provision applies to solicitations containing the clause at 52.225-3.

(A) If the acquisition value is less than $25,000, the basic provision applies.

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.

(C) If the acquisition value is $50,000 or more but is less than $67,826, the provision with its Alternate II applies.

(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Engaging in Sanctioned Activities Relating to Iran--Certification. This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to--

(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and

(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

--X----(i) 52.219-22, Small Disadvantaged Business Status.

--X----(A) Basic.

------(B) Alternate I.

--X----(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

------(iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.

------(iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.

------(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).

------(vi) 52.223-13, Certification of Toxic Chemical Release Reporting.

------(vii) 52.227-6, Royalty Information.

------ (A) Basic.

------ (B) Alternate I.

--X----(viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below (offeror to insert changes, identifyingchange by clause number, title, date). These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR Clause Title Date Change

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

(End of Provision)

CLAUSES INCORPORATED BY FULL TEXT

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a single or multiple Indefinite Delivery, Indefinite Quantity (Cost Plus Fixed Fee, Firm Fixed Price, and Cost) contract(s) resulting from this solicitation. The contract ceiling for the program is $300 Million. The minimum ordering amount is $200,000.

(End of provision)

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 thirty (30) days of contract expiration.

(End of clause)

52.219-4 NOTICE OF PRICE EVALUATION PREFERENCE FOR HUBZONE SMALL BUSINESS CONCERNS (JAN 2011)

(a) Definitions. See 13 CFR 125.6(e) for definitions of terms used in paragraph (d).

(b) Evaluation preference. (1) Offers will be evaluated by adding a factor of 10 percent to the price of all offers, except--

(i) Offers from HUBZone small business concerns that have not waived the evaluation preference; and

(ii) Otherwise successful offers from small business concerns.

(2) The factor of 10 percent shall be applied on a line item basis or to any group of items on which award may be made. Other evaluation factors described in the solicitation shall be applied before application of the factor.

(3) A concern that is both a HUBZone small business concern and a small disadvantaged business concern will receive the benefit of both the HUBZone small business price evaluation preference and the small disadvantaged business price evaluation adjustment (see FAR clause 52.219-23). Each applicable price evaluation preference or adjustment shall be calculated independently against an offeror's base offer.

These individual preference amounts shall be added together to arrive at the total evaluated price for that offer.

(4) When the two highest rated offerors are a HUBZone small business concern and a large business, and the evaluated offer of the HUBZone small business concern is equal to the evaluated offer of the large business after considering the price evaluation preference, award will be made to the HUBZone small business concern.

(c) Waiver of evaluation preference. A HUBZone small business concern may elect to waive the evaluation preference, in which case the factor will be added to its offer for evaluation purposes. The agreements in paragraphs (d) and (e) of this clause do not apply if the offeror has waived the evaluation preference.

___ Offeror elects to waive the evaluation preference.

(d) Agreement. A HUBZone small business concern agrees that in the performance of the contract, in the case of a contract for

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other HUBZone small business concerns;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other HUBZone small business concerns;

(3) General construction. (i) At least 15 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns; or

(4) Construction by special trade contractors. (i) At least 25 percent of the cost of contract performance to be incurred for personnel will be spent on the prime contractor's employees;

(ii) At least 50 percent of the cost of the contract performance to be incurred for personnel will be spent on the prime contractor's employees or on a combination of the prime contractor's employees and employees of HUBZone small business concern subcontractors;

(iii) No more than 50 percent of the cost of contract performance to be incurred for personnel will be subcontracted to concerns that are not HUBZone small business concerns.

(e) A HUBZone joint venture agrees that the aggregate of the HUBZone small business concerns to the joint venture, not each concern separately, will perform the applicable percentage of work requirements.

(f)(1) When the total value of the contract exceeds $25,000, a HUBZone small business concern nonmanufacturer agrees to furnish in performing this contract only end items manufactured or produced by HUBZone small business concern manufacturers.

(2) When the total value of the contract is equal to or less than $25,000, a HUBZone small business concern nonmanufacturer may provide end items manufactured by other than a HUBZone small business concern manufacturer provided the end items are produced or manufactured in the United States.

(3) Paragraphs (f)(1) and (f)(2) of this section do not apply in connection with construction or service contracts.

(g) Notice. The HUBZone small business offeror acknowledges that a prospective HUBZone awardee must be a HUBZone small business concern at the time of award of this contract. The HUBZone offeror shall provide the Contracting Officer a copy of the notice required by 13 CFR 126.501 if material changes occur before contract award that could affect its HUBZone eligibility. If the apparently successful HUBZone offeror is not a HUBZone small business concern at the time of award of this contract, the Contracting Officer will proceed to award to the next otherwise successful HUBZone small business concern or other offeror.

(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 $0.00 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.

* Insert either "zero" or the dollar amount agreed to during negotiations. The inserted figure does not apply to the exceptions in paragraph (a)(1) through (a)(4) of the clause.

(End of clause)

52.227-3 PATENT INDEMNITY (APR 1984) - ALTERNATE I (APR 1984)

(a) The Contractor shall indemnify the Government and its officers, agents, and employees against liability, including costs, for infringement of any United States patent (except a patent issued upon an application that is now or may hereafter be withheld from issue pursuant to a Secrecy Order under 35 U.S.C. 181) arising out of the manufacture or delivery of supplies, the performance of services, or the construction, alteration, modification, or repair of real property (hereinafter referred to as "construction work") under this contract, or out of the use or disposal by or for the account of the Government of such supplies or construction work.

(b) This indemnity shall not apply unless the Contractor shall have been informed as soon as practicable by the Government of the suit or action alleging such infringement and shall have been given such opportunity as is afforded by applicable laws, rules, or regulations to participate in its defense. Further, this indemnity shall not apply to (1) an infringement resulting from compliance with specific written instructions of the Contracting Officer directing a change in the supplies to be delivered or in the materials or equipment to be used, or directing a manner of performance of the contract not normally used by the Contractor, (2) an infringement resulting from addition to or change in supplies or components furnished or construction work performed that was made subsequent to delivery or performance, or (3) a claimed infringement that is unreasonably settled without the consent of the Contractor, unless required by final decree of a court of competent jurisdiction.

(c) This patent indemnification shall not apply to the following items:

To Be Determined (End of clause)

52.227-11 PATENT RIGHTS--OWNERSHIP BY THE CONTRACTOR (DEC 2007)

(a) As used in this clause--

Invention means any invention or discovery that is or may be patentable or otherwise protectable under title 35 of the U.S. Code, or any variety of plant that is or may be protectable under the Plant Variety Protection Act (7 U.S.C. 2321, et seq.)

Made means--

(1) When used in relation to any invention other than a plant variety, the conception or first actual reduction to practice of the invention; or

(2) When used in relation to a plant variety, that the Contractor has at least tentatively determined that the variety has been reproduced with recognized characteristics.

Nonprofit organization means a university or other institution of higher education or an organization of the type described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)) and exempt from taxation under section 501(a) of the Internal Revenue Code (26 U.S.C. 501(a)), or any nonprofit scientific or educational organization qualified under a State nonprofit organization statute.

Practical application means to manufacture, in the case of a composition of product; to practice, in the case of a process or method; or to operate, in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent permitted by law or Government regulations, available to the public on reasonable terms.

Subject invention means any invention of the Contractor made in the performance of work under this contract.

(b) Contractor's rights. (1) Ownership. The Contractor may retain ownership of each subject invention throughout the world in accordance with the provisions of this clause.

(2) License. (i) The Contractor shall retain a nonexclusive royalty-free license throughout…