HT001426RE001.pdf
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- Solicitation number
- HT001426RE001
- Issued by
-
Defense Health Agency
About this file
This is a Request for Proposal (RFP) for the Traumatic Brain Injury Center of Excellence (TBICoE) Warfighter Brain Health Research and Translation Support Services, issued by the Defense Health Agency. The solicitation HT001426RE001 is for a Cost-Plus-Fixed-Fee (CPFF) contract with a base period and four option periods, each lasting one year. The contract will support research and translation services related to traumatic brain injury, with a total small business participation requirement of 25% of the total contract value.
Key dates include a proposal submission deadline of 2:00 p.m. EDT on 27 January 2026, with a contract performance period from 7 April 2026 to 06 April 2027 for the base period. Subsequent option periods would extend through 06 April 2031. The contract will be evaluated on seven factors: Technical Approach/Capability, Management Capability, Personnel Qualifications, Past Performance Risk, Prior Experience, Small Business Participation, and Cost/Price, with the non-price factors being significantly more important than price. Offerors must submit eight separate volumes of their proposal, including detailed information on technical approach, management capabilities, personnel qualifications, past performance, and cost/pricing details.
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Text version
SECTION
15A. NAME AND
ADDRESS
OF OFFEROR
SOLICITATION, OFFER, AND AWARD 1. This Contract is a Rated Order under the Defense Priorities and Allocations System (DPAS) - Code of Federal Regulations - at 15 CFR 700.
RATING PAGE OF PAGES
2. CONTRACT NUMBER 3. SOLICITATION NUMBER 4. TYPE OF SOLICITATION 5. DATE ISSUED 6. REQUISITION/PURCHASE NUMBER
CODE7. ISSUED BY 8. ADDRESS OFFER TO (If other than item 7)
NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".
SOLICITATION
9. Sealed offers in original and copies for furnishings the supplies or services in the Schedule will be received at the place specified in item 8, or if hand carried, in the depository located in until local time
CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision Number 52.214-7 or 52.215-1. All offers are subject to all terms and conditions contained in this solicitation.
10. FOR
INFORMATION
CALL:
A. NAME B. TELEPHONE (NO COLLECT CALLS)
AREA CODE NUMBER EXTENSION
C. EMAIL ADDRESS
11. TABLE OF CONTENTS
(X) DESCRIPTION PAGE(S) (X) SECTION PAGE(S)DESCRIPTION
A B C D E F G H
I
J
K
L
M EVALUATION FACTORS FOR AWARD
INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS
PART IV - REPRESENTATIONS AND INSTRUCTIONS
LIST OF ATTACHMENTS
PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
CONTRACT CLAUSESSOLICITATION/CONTRACT FORM
SUPPLIES OR SERVICES AND PRICES/COSTS
DESCRIPTION/SPECIFICATIONS/WORK STATEMENT
PACKAGING AND MARKING
INSPECTION AND ACCEPTANCE
DELIVERIES OR PERFORMANCE
CONTRACT ADMINISTRATION DATA
SPECIAL CONTRACT REQUIREMENTS
NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance Period.
OFFER (Must be fully completed by offeror)
12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period is inserted by the offeror) from the date for receipt of offers specified above, to furnish any or all items upon which prices are offered at the set opposite each item, delivered at the designated point(s), within the time specified in the schedule.
13. DISCOUNT FOR PROMPT PAYMENT
(See Section I, Clause Number 52.232-8)
14. ACKNOWLEDGMENT OF AMENDMENTS
(The offeror acknowledges receipt of amendments to the SOLICITATION for offerors and related documents numbered and dated):
10 CALENDAR DAYS (%) 20 CALENDAR DAYS (%) 30 CALENDAR DAYS (%) CALENDAR DAYS (%)
DATEAMENDMENT NUMBERAMENDMENT NUMBER DATE
CODE FACILITY 16. NAME AND THE TITLE OF PERSON AUTHORIZED TO SIGN OFFER
(Type or print)
15B. TELEPHONE NUMBER
AREA CODE NUMBER EXTENSION
15C. CHECK IF REMITTANCE ADDRESS IS
DIFFERENT FROM ABOVE - ENTER
SUCH ADDRESS IN SCHEDULE.
17. SIGNATURE 18. OFFER DATE
AWARD (To be completed by Government)
19. ACCEPTED AS TO ITEMS NUMBERED 20. AMOUNT 21. ACCOUNTING AND APPROPRIATION
22. AUTHORITY FOR USING OTHER THAN FULL OPEN COMPETITION UNDER THE
UNITED STATES CODE AT:
10 U.S.C. 3204(a) ( )41 U.S.C. 3304(a)
24. ADMINISTERED BY (If other than Item 7)
26. NAME OF CONTRACTING OFFICER (Type or print)
IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.
AUTHORIZED FOR LOCAL REPRODUCTION
Previous edition is unusable
23. SUBMIT INVOICES TO ADDRESS SHOWN IN
(4 copies unless otherwise specified)
25. PAYMENT WILL BE MADE BY
27. UNITED STATES OF AMERICA
(Signature of Contracting Officer)
28. AWARD DATE
CODE
ITEM
STANDARD FORM 33 (REV. 12/2022)
Prescribed by GSA - FAR (48 CFR) 53.214 (c)
SEALED BID (IFB) INVITATION FOR BID
NEGOTIATED (RFP) REQUEST FOR
PROPOSAL
(Hour) (Date)
PART I - THE SCHEDULE PART II - CONTRACT CLAUSES
Section A - Solicitation/Contract Form Traumatic Brain Injury Center of Excellence (TBICoE) Warfighter Brain Health Research and Translation Support Services
Product Service Code: R499
HT001426RE001
Section B - Supplies or Services & Prices or Costs Additional Information/Notes
Item Supplies / Services Quantity Unit Unit Price Amount
Traumatic Brain Injury Center of Excellence (TBICoE) Warfighter Brain Health Research and Translation Support Services. Labor.
Product Service Code: R499 Pricing Arrangement: Cost Plus Fixed Fee
1 Job
Traumatic Brain Injury Center of Excellence (TBICoE) Warfighter Brain Health Research and Translation Support Services. ODCs and Travel. Estimated amount includes Overhead and G&A but no fee. The Government may increase this CLIN on a unilateral basis as the need arises. Travel is at not to exceed Joint Travel Regulation (JTR) rates.
Product Service Code: R499 Pricing Arrangement: Cost No Fee
1 Job
Option Line Item
Option Period 1 Traumatic Brain Injury Center of Excellence (TBICoE) Warfighter Brain Health Research and Translation Support Services. Labor.
Product Service Code: R499 Pricing Arrangement: Cost Plus Fixed Fee
1 Job
Option Line Item
Option Period 1 Traumatic Brain Injury Center of Excellence (TBICoE) Warfighter Brain Health Research and Translation Support Services. ODCs and Travel. Estimated amount includes Overhead and G&A but no fee. The Government may increase this CLIN on a unilateral basis as the need arises. Travel is at not to exceed Joint Travel Regulation (JTR) rates.
Product Service Code: R499 Pricing Arrangement: Cost No Fee
1 Job
Option Line Item
Option Period 2 Traumatic Brain Injury Center of Excellence (TBICoE) Warfighter Brain Health Research and Translation Support Services. Labor.
Product Service Code: R499 Pricing Arrangement: Cost Plus Fixed Fee
1 Job
Option Line Item
Option Period 2 Traumatic Brain Injury Center of Excellence (TBICoE) Warfighter Brain Health Research and Translation Support Services. ODCs and Travel. Estimated amount includes Overhead and G&A but no fee. The Government may increase this CLIN on a unilateral basis as the need arises. Travel is at not to exceed Joint Travel Regulation (JTR) rates.
1 Job
Product Service Code: R499 Pricing Arrangement: Cost No Fee
Option Line Item
Option Period 3 Traumatic Brain Injury Center of Excellence (TBICoE) Warfighter Brain Health Research and Translation Support Services. Labor.
Product Service Code: R499 Pricing Arrangement: Cost Plus Fixed Fee
1 Job
Option Line Item
Option Period 3 Traumatic Brain Injury Center of Excellence (TBICoE) Warfighter Brain Health Research and Translation Support Services. ODCs and Travel. Estimated amount includes Overhead and G&A but no fee. The Government may increase this CLIN on a unilateral basis as the need arises. Travel is at not to exceed Joint Travel Regulation (JTR) rates.
Product Service Code: R499 Pricing Arrangement: Cost No Fee
1 Job
Option Line Item
Option Period 4 Traumatic Brain Injury Center of Excellence (TBICoE) Warfighter Brain Health Research and Translation Support Services. Labor.
Product Service Code: R499 Pricing Arrangement: Cost Plus Fixed Fee
1 Job
Option Line Item
Option Period 4 Traumatic Brain Injury Center of Excellence (TBICoE) Warfighter Brain Health Research and Translation Support Services. ODCs and Travel. Estimated amount includes Overhead and G&A but no fee. The Government may increase this CLIN on a unilateral basis as the need arises. Travel is at not to exceed Joint Travel Regulation (JTR) rates.
Product Service Code: R499 Pricing Arrangement: Cost No Fee
1 Job
Section C - Description/Specifications/Statement of Work
Requirements Traumatic Brain Injury Center of Excellence (TBICoE) Warfighter Brain Health Research and Translation Support Services
Section D - Packaging and Marking
Section E - Inspection and Acceptance
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.246-5 Inspection of Services-Cost-Reimbursement. Apr 1984 Overall Contract Inspection/Acceptance Locations
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Option Line Item
Inspection and Acceptance Location
Both Destination Instructions: See Statement of Work (SOW) or Performance Work Statement (PWS) for Acceptance/inspection criteria.
DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Section F - Deliveries or Performance
Line Item Delivery Schedule Quantity Address and POC
Delivery Period From 07 Apr 2026 to 06 Apr 2027
1 Job Ship To DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Period of Performance From 07 Apr 2026 To 06 Apr 2027
Delivery Period From 07 Apr 2026 to 06 Apr 2027
1 Job Place of Performance DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Period of Performance From 07 Apr 2026 To 06 Apr 2027
Option Line Item
Delivery Period From 07 Apr 2027 to 06 Apr 2028
1 Job Place of Performance DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: Johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Period of Performance From 07 Apr 2027 To 06 Apr 2028
Option Line Item
Delivery Period From 07 Apr 2027 to 06 Apr 2028
1 Job Place of Performance DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Period of Performance From 07 Apr 2027
To 06 Apr 2028
Option Line Item
Delivery Period From 07 Apr 2028 to 06 Apr 2029
1 Job Place of Performance DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Period of Performance From 07 Apr 2028 To 06 Apr 2029
Option Line Item
Delivery Period From 07 Apr 2028 to 06 Apr 2029
1 Job Place of Performance DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Period of Performance From 07 Apr 2028 To 06 Apr 2029
Option Line Item
Delivery Period From 07 Apr 2029 to 06 Apr 2030
1 Job Place of Performance DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Period of Performance From 07 Apr 2029 To 06 Apr 2030
Option Line Item
Delivery Period From 07 Apr 2029 to 06 Apr 2030
1 Job Place of Performance DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Period of Performance From 07 Apr 2029 To 06 Apr 2030
Delivery Period 1 Job Place of Performance
Option Line Item
From 07 Apr 2030 to 06 Apr 2031 DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Period of Performance From 07 Apr 2030 To 06 Apr 2031
Option Line Item
Delivery Period From 07 Apr 2030 to 06 Apr 2031
1 Job Place of Performance DoDAAC: HT0081 CountryCode: USA
DIVISION CHIEF
TRAUMATIC BRAIN INJURY COE, 1335 EAST-WEST HIGHWAY SUITE 900
SILVER SPRING, MD 20910
UNITED STATES
Ms. Johanna Smith Email: johanna.m.smith13.civ@health.mil Telephone: 202-302-6495
Period of Performance From 07 Apr 2030 To 06 Apr 2031
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.242-15 Stop-Work Order. (Alternate I) Aug 1989 Alternate I Apr 1984
Section G - Contract Administration Data
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.201-7000 Contracting Officer's Representative. Dec 1991 252.204-7006 Billing Instructions-Cost Vouchers May 2023 252.231-7000 Supplemental Cost Principles Dec 1991 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports. Dec 2018 252.232-7008 Assignment of Claims (Overseas). Jun 1997
DFARS Clauses Incorporated by Full Text
252.232-7006 Wide Area WorkFlow Payment Instructions. (Jan 2023)
WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (JAN 2023)
(a) As used in this clause- Definitions.
"Department of Defense Activity Address Code (DoDAAC)" is a six position code that uniquely identifies a unit, activity, or organization.
"Document type" means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).
"Local processing office (LPO)" is the office responsible for payment certification when payment certification is done external to the entitlement system.
"Payment request" and "receiving report" are defined in the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(b) The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Electronic invoicing.
Defense Federal Acquisition Regulation Supplement (DFARS) 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.
(c) To access WAWF, the Contractor shall- WAWF access.
(1) Have a designated electronic business point of contact in the System for Award Management at https://www.sam.gov; and
(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this web site.
(d) The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site WAWF training.
before submitting payment requests through WAWF. Both can be accessed by selecting the "Web Based Training" link on the WAWF home page at https://wawf.eb.
mil/
(e) Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol. WAWF methods of document submission.
(f) The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for WAWF payment instructions.
this contract or task or delivery order:
(1) The Contractor shall submit payment requests using the following document type(s): Document type.
(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.
(ii) For fixed price line items-
(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.
(Contracting Officer: Insert applicable invoice and receiving report document type(s) for fixed price line items that require shipment of a deliverable.)
(B) For services that do not require shipment of a deliverable, submit either the Invoice 2in1, which meets the requirements for the invoice and receiving report, or the applicable invoice and receiving report, as specified by the Contracting Officer.
(Contracting Officer: Insert either "Invoice 2in1" or the applicable invoice and receiving report document type(s) for fixed price line items for services.)
(iii) For customary progress payments based on costs incurred, submit a progress payment request.
(iv) For performance based payments, submit a performance based payment request.
(v) For commercial financing, submit a commercial financing request.
(2) ) Fast Pay requests are only permitted when Federal Acquisition Regulation (FAR) 52.213-1 is included in the contract.
[Note: The Contractor may use a WAWF "combo" document type to create some combinations of invoice and receiving report in one step.]
(3) The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating Document routing.
payment requests and receiving reports in the system.
Routing Data Table*
Field Name in WAWF Data to be entered in WAWF
Pay Official DoDAAC ____
Issue By DoDAAC ____
Admin DoDAAC ____
Inspect By DoDAAC ____
Ship To Code ____
Ship From Code ____
Mark For Code ____
Service Approver (DoDAAC) ____
Service Acceptor (DoDAAC) ____
Accept at Other DoDAAC ____
LPO DoDAAC ____
DCAA Auditor DoDAAC ____
Other DoDAAC(s) ____
(*Contracting Officer: Insert applicable DoDAAC information. If multiple ship to/acceptance locations apply, insert "See Schedule" or "Not applicable.")
(**Contracting Officer: If the contract provides for progress payments or performance-based payments, insert the DoDAAC for the contract administration office assigned the functions under FAR 42.302(a)(13).)
(4) The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in Payment request.
accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.
(5) The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F. Receiving report.
(g) WAWF point of contact.
(1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.
(Contracting Officer: Insert applicable information or "Not applicable.")
(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.
(End of clause)
Section H - Special Contract Requirements
PD 33-01 - AGENCY LEVEL PROTESTS (APRIL 14, 2014)
An interested party filing a protest with Defense Health Agency (DHA) has the option of requesting review by either the Contracting Officer (CO) or an independent review Official (IRO), who is a DHA official at a level above the CO. Alternately, an interested party may request IRO review as an appeal of the CO's protest decision.
Where applicable, an interested party must clearly state in the protest that IRO review is requested, and must specify the nature of the independent review sought -whether as an alternative to CO review or as an appeal of the CO's decision.
Regardless of which review is requested, all protests must be complete and submitted to the CO within the timeframes specified in FAR Subpart 33.1.
(End of requirements language)
PD 03-03 ENCLOSURE 2 - IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST (AUGUST 21, 2014)
H.1 DFARS 252.203-7000, Requirements Relating to Compensation of Former DoD Officials (Sep 2011)
(a) Definition. "Covered DoD official," as used in this clause, means an individual that--
(1) Leaves or left DoD service on or after January 28, 2008; and
(2) (i) Participated personally and substantially in an acquisition as defined in 41 U.S.C. 131 with a value in excess of $10 million, and serves or served--
(A) In an Executive Schedule position under subchapter II of chapter 53 of Title 5, United States Code;
(B) In a position in the Senior Executive Service under subchapter VIII of chapter 53 of Title 5, United States Code; or
(C) In a general or flag officer position compensated at a rate of pay for grade O-7 or above under section 201 of Title 37, United States Code; or
(ii) Serves or served in DoD in one of the following positions: program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team for a contract in an amount in excess of $10 million.
(b) The Contractor shall not knowingly provide compensation to a covered DoD official within 2 years after the official leaves DoD service; without first determining that the official has sought and received, or has not received after 30 days of seeking, a written opinion from the appropriate DoD ethics counselor regarding the applicability of post-employment restrictions to the activities that the official is expected to undertake on behalf of the Contractor. (c) Failure by the Contractor to comply with paragraph (b) of this clause may subject the Contractor to rescission of this contract, suspension, or debarment in accordance with 41 U.S.C. 2105(c).
(End of clause)
PD 09-01 ENCLOSURE 3 - ORGANIZATIONAL CONFLICTS OF INTEREST (APRIL 23, 2015)
H.1 The Contractor's attention is directed to FAR, Subpart 9.5, "Organizational and Consultant Conflicts of Interest." DHA has made a determination that an actual or significant potential organizational conflict of interest exists, or the nature of the work to be performed may create an actual or significant potential organizational conflict of interest in future acquisitions.
H.2 For the purpose of these clauses, the term "Contractor" means the contractor, its subsidiaries, affiliates, partners, market consultants, as defined by FAR, Subpart 9.501, or any of its successors or assignees.
H.3 It may become necessary in the performance of this contract to review proprietary information from other contractors. The Contractor shall protect all proprietary information from unauthorized use or disclosure and refrain from using the information for any purpose other than that for which it was furnished. At the request of the Contracting Officer, the Contractor agrees to execute agreements with third party companies furnishing data in connection with work performed under this contract. Safeguards shall be implemented to restrict access to proprietary information and to avoid, neutralize, or mitigate potential conflicts of interest. Non-disclosure agreements shall be completed by the Contractor, all employees, and subcontractors who obtain access to proprietary information, and provided to the Contracting Officer.
H.4 The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after the award of this contract, the Contractor will immediately notify the Contracting Officer, in writing, of the nature of the conflict. The Contractor shall submit a mitigation plan to the Contracting Officer within 30 days of notification, outlining the actions the Contractor has taken or proposes to take to avoid, neutralize, or mitigate the actual or potential organizational conflict of interest.
H.5 The above restrictions shall be included in all subcontracts, teaming arrangements, and other agreements calling for performance of work which is subject to the organizational conflict of interest restrictions identified in these clauses.
H.6 The Contractor acknowledges the full force and effect of the above clauses. The Government reserves the right, in case of a breach, misrepresentation or nondisclosure, to terminate this contract, disqualify the Contractor from subsequent related contractual efforts, or pursues any remedy permitted by law or this contract.
(End of clause)
DHA PGI 211.106 - PROPER IDENTIFICATION OF CONTRACTOR PERSONNEL (APRIL 4, 2014)
C.1. Contractors, including subcontractors at all tiers, shall provide for a clear distinction from Government personnel. Contractor employees shall not act, advertise, or presume to be Government employees, agents, or representatives. Contractor employees are required to appropriately identify themselves as contractor employees at all times, including in telephone conversations, formal and informal written correspondence, paper and electronic, and in any other situation where their actions could be construed as acts of Government officials, unless, in the judgment of the Government, no harm can come from failing to identify themselves. Contractor employees shall be introduced as contractor personnel and display distinguishing visible identification at all times whether in conversations, meetings, or other forms of communication with Government personnel.
C.2. Contractor personnel, while performing in a contractor capacity, shall refrain from using their retired or reserve component military rank or title (if applicable) in written or verbal communications associated with the contracts for which they provide services.
(End of requirements language)
DHA Procedures, Guidance, and Information (PGI)
DHA PGI 224 - PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION
224.1 - Protection of Individual Privacy 224.1-90 - Personally Identifiable Information (PII), Protected Health Information (PHI), and Federal Information Requirement
(1) Procurement Directive - None
(2) Overview - PGI 224.1-90 provides implementing language and Defense Health Agency (DHA) processes for compliance with requirements set forth in Federal Acquisition Regulation (FAR) Part 24 and Defense Federal Acquisition Regulation Supplement (DFARS) Part 224, pertaining to federal privacy and information laws, including the Health Insurance Portability Accountability Act (HIPAA) Privacy, Security and Breach Rules, 45 CFR Parts 160 and 164, as amended, issued by the Department of Health and Human Services (DHHS). This PGI provides standard language that shall be included in all purchased and non-purchased care solicitations and contracts where the contractor's performance involves access to PII/PHI (unless those solicitations and contracts incorporate the TRICARE Manuals in their entirety, in which case this PGI does not apply).
(3) Implementation instructions for contracts that do not incorporate the TRICARE manuals in their entirety:
a. Solicitations issued or contracts shall include the standard language set forth in (4) if the contractor accesses PII/PHI for any purpose during the performance of the contract.
b. Contracts that have incorporated some but not all of the TRICARE Manuals must be reviewed to determine if the contract includes the provisions in (3)b. i. and (3)b. ii. If any of those provisions are missing from the contract, a determination must be made of whether to incorporate the missing provisions into the contract by modification or to incorporate the standard language as provided in (4). The DHA Privacy and Civil Liberties Office (Privacy Office) should be consulted on these determinations. The TRICARE Manual sections are the following:
i. TRICARE Operations Manual Chapter 1, Section 5, and Chapter 19, Section 3.
ii. TRICARE Systems Manual Chapter 1, Section 1.1.
(4) If the contractor's performance involves access to PII/PHI for any purpose, the Contracting Officer (CO) shall review the "Decision Tree Matrix" (Attachment 1) to determine whether the solicitation/contract action must incorporate the language in DHA Procedures, Guidance, and Information (PGI) DHA PGI 224 - PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION Attachment 2. This document is available at the link "standard contract language" on the page http://www.health.mil/Military-Health-Topics/Privacy-and-Civil-Liberties/Privacy-Contract-Language/DHAStandard-Contract-Language. If it is determined that the Attachment 2 language is required, the incorporation by reference to Attachment 2 is accomplished by including the following provision in the applicable section of the solicitation/contract: "The contractor shall comply with the document entitled 'Personally Identifiable Information (PII), Protected Health Information (PHI) and Federal Information Requirements,' which is incorporated by reference in its entirety." However, the "in its entirety" language may be replaced with "except for paragraph __," if it is determined that a paragraph is not applicable to the contract. For example, if the contractor is determined not to be a HIPAA business associate, then the "in its entirety" language may be replaced with "except for paragraph 8, HIPAA Business Associate Provisions."
a. Contracts awarded by the Contracting Office, and not utilizing another Department of Defense (DoD) or Non-DoD Agency contract, shall incorporate PII/PHI language in its entirety into the applicable section of the solicitation/contract.
b. For those solicitation/contract actions awarded by another DoD or Non-DoD Agency, on behalf of the Contracting Office, the CO shall coordinate with the respective Agency CO to determine if their contract complies with the privacy compliance requirements addressed in the PGI, including the HIPAA Rules and DoD HIPAA Issuances.
c. The DoD / Non-DoD Agency making the award on behalf of Contracting Office:
i. The Contracting Office CO in coordination with the Agency CO shall determine which portions of the PII/PHI language of this PGI are applicable to the contract. If the Agency contract does not include the applicable portions, the CO shall request those portions be incorporated into solicitation/contract award. The CO may consult with the DHA Privacy Office to determine language to be incorporated.
d. The Contracting Office making the award using another DoD / Non-DoD Agency contract:
i. The Contracting Office CO in coordination with the Agency CO shall determine which portions of the PII/PHI language of this PGI are applicable to the contract.
ii. If the Agency contract does not include applicable portions, the CO shall incorporate those portions into the solicitation/contract. The CO may consult with the DHA Privacy Office to determine language to be incorporated.
Section I - Contract Clauses
FAR Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
52.202-1 Definitions. Jun 2020 52.203-3 Gratuities. Apr 1984 52.203-5 Covenant Against Contingent Fees. May 2014 52.203-6 Restrictions on Subcontractor Sales to the Government. Jun 2020 52.203-7 Anti-Kickback Procedures. Jun 2020 52.203-8 Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. May 2014 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. May 2014 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. Jun 2020 52.203-13 Contractor Code of Business Ethics and Conduct. Nov 2021 52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements. Jan 2017 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards. Jun 2020 52.204-13 System for Award Management Maintenance. Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance. Aug 2020 52.204-19 Incorporation by Reference of Representations and Certifications. Dec 2014
52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities.
Dec 2023
52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.
Nov 2021
52.204-27 Prohibition on a ByteDance Covered Application. Jun 2023
52.209-6 Protecting the Government's Interest When Subcontracting With Contractors Debarred, Suspended, Proposed for Debarment, or Voluntarily Excluded
Jan 2025
52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters. Oct 2018 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. Nov 2015 52.210-1 Market Research. Nov 2021 52.215-2 Audit and Records-Negotiation. Jun 2020 52.215-8 Order of Precedence-Uniform Contract Format. Oct 1997 52.215-10 Price Reduction for Defective Certified Cost or Pricing Data. Aug 2011 52.215-12 Subcontractor Certified Cost or Pricing Data. Jun 2020 52.215-15 Pension Adjustments and Asset Reversions. Oct 2010 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 52.215-23 Limitations on Pass-Through Charges. Jun 2020 52.216-8 Fixed Fee. Jun 2011 52.219-8 Utilization of Small Business Concerns. Jan 2025 52.219-9 Small Business Subcontracting Plan. (Alternate II) Jan 2025 Alternate II Nov 2016 52.219-16 Liquidated Damages-Subcontracting Plan. Sep 2021 52.222-41 Service Contract Labor Standards. Aug 2018 52.222-50 Combating Trafficking in Persons. Oct 2025 52.223-5 Pollution Prevention and Right-to-Know Information. May 2024 52.224-3 Privacy Training. Jan 2017 52.225-13 Restrictions on Certain Foreign Purchases. Feb 2021 52.226-7 Drug-Free Workplace. May 2024 52.226-8 Encouraging Contractor Policies to Ban Text Messaging While Driving. May 2024 52.228-7 Insurance-Liability to Third Persons. Mar 1996 52.229-12 Tax on Certain Foreign Procurements. Feb 2021 52.230-2 Cost Accounting Standards. Jun 2020 52.230-6 Administration of Cost Accounting Standards. Jun 2010 52.232-17 Interest. May 2014 52.232-25 Prompt Payment. Jan 2017 52.232-25 Prompt Payment. (Alternate I) Jan 2017 Alternate I Feb 2002 52.232-33 Payment by Electronic Funds Transfer-System for Award Management. Oct 2018 52.232-39 Unenforceability of Unauthorized Obligations. Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. Mar 2023 52.233-1 Disputes. May 2014 52.233-3 Protest after Award. (Alternate I) Aug 1996 Alternate I Jun 1985 52.233-4 Applicable Law for Breach of Contract Claim. Oct 2004 52.237-2 Protection of Government Buildings, Equipment, and Vegetation. Apr 1984
52.240-1 Prohibition on Unmanned Aircraft Systems Manufactured or Assembled by American Security Drone Act-Covered Foreign Entities.
Nov 2024
52.242-1 Notice of Intent to Disallow Costs. Apr 1984 52.242-3 Penalties for Unallowable Costs. Dec 2022 52.242-5 Payments to Small Business Subcontractors. Jan 2017 52.242-13 Bankruptcy. Jul 1995 52.243-2 Changes-Cost-Reimbursement. (Alternate I) Aug 1987 Alternate I Apr 1984 52.244-5 Competition in Subcontracting. Aug 2024 52.244-6 Subcontracts for Commercial Products and Commercial Services. Oct 2025 52.245-1 Government Property. Sep 2021 52.245-9 Use and Charges. Apr 2012 52.246-25 Limitation of Liability-Services. Feb 1997 52.249-6 Termination (Cost-Reimbursement). May 2004 52.249-14 Excusable Delays. Apr 1984
DFARS Clauses Incorporated by Reference
Number Title Effective Date
Alternate/ Deviation
Variation Effective Date
252.203-7000 Requirements Relating to Compensation of Former DoD Officials. Sep 2011 252.203-7001 Prohibition on Persons Convicted of Fraud or Other Defense-Contract-Related Felonies. Jan 2023 252.203-7002 Requirement to Inform Employees of Whistleblower Rights. Dec 2022 252.203-7003 Agency Office of the Inspector General. Aug 2019 252.203-7004 Display of Hotline Posters. Jan 2023 252.204-7003 Control of Government Personnel Work Product. Apr 1992 252.204-7012 Safeguarding Covered Defense Information and Cyber Incident Reporting. May 2024 252.204-7018 Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services. Jan 2023 252.204-7020 NIST SP 800-171 DoD Assessment Requirements. Nov 2023 252.205-7000 Provision of Information to Cooperative Agreement Holders. Oct 2024
252.209-7004 Subcontracting with Firms that are Owned or Controlled by the Government of a Country that is a State Sponsor of Terrorism.
May 2019
252.215-7002 Cost Estimating System Requirements. Jan 2025 252.219-7003 Small Business Subcontracting Plan (DoD Contracts). Dec 2019 252.222-7006 Restrictions on the Use of Mandatory Arbitration Agreements. Jan 2023 252.225-7004 Report of Intended Performance Outside the United States and Canada -Submission after Award. Jul 2024 252.225-7012 Preference for Certain Domestic Commodities. Apr 2022 252.225-7041 Correspondence in English. Jun 1997 252.225-7048 Export-Controlled Items. Jun 2013 252.225-7056 Prohibition Regarding Business Operations with the Maduro Regime. Jan 2023 252.225-7058 Postaward Disclosure of Employment of Individuals Who Work in the People's Republic of China. Jan 2023 252.225-7060 Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region. Jun 2023
252.226-7001 Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns.
Jan 2023
252.232-7010 Levies on Contract Payments. Dec 2006 252.237-7010 Prohibition on Interrogation of Detainees by Contractor Personnel. Jan 2023 252.242-7004 Material Management and Accounting System. Jan 2025 252.242-7005 Contractor Business Systems. Jan 2025 252.242-7006 Accounting System Administration. Jan 2025 252.243-7002 Requests for Equitable Adjustment. Dec 2022 252.244-7000 Subcontracts for Commercial Products or Commercial Services. Nov 2023 252.244-7001 Contractor Purchasing System Administration. Jan 2025 252.245-7003 Contractor Property Management System Administration Jan 2025 252.245-7005 Management and Reporting of Government Property. Jan 2024 252.247-7023 Transportation of Supplies by Sea. Oct 2024
FAR Clauses Incorporated by Full Text
52.216-7 Allowable Cost and Payment. (Aug 2018)
ALLOWABLE COST AND PAYMENT (AUG 2018)
Invoicing.(a) The Government will make payments to the Contractor when requested as work progresses, but (except for small business concerns) not more (1) often than once every 2 weeks, in amounts determined to be allowable by the Contracting Officer in accordance with Federal Acquisition Regulation (FAR) subpart 31.2 in effect on the date of this contract and the terms of this contract. The Contractor may submit to an authorized representative of the Contracting Officer, in such form and reasonable detail as the representative may require, an invoice or voucher supported by a statement of the claimed allowable cost for performing this contract.
(2) Contract financing payments are not subject to the interest penalty provisions of the Prompt Payment Act. Interim payments made prior to the final payment under the contract are contract financing payments, except interim payments if this contract contains Alternate I to the clause at 52.232-25.
(3) The designated payment office will make interim payments for contract financing on the [Contracting Officer insert day as prescribed by agency head; if ____ not prescribed, insert "30th"] day after the designated billing office receives a proper payment request. In the event that the Government requires an audit or other review of a specific payment request to ensure compliance with the terms and conditions of the contract, the designated payment office is not compelled to make payment by the specified due date.
Reimbursing costs.(b) For the purpose of reimbursing allowable costs (except as provided in paragraph (b)(2) of this clause, with respect to pension, deferred (1) profit sharing, and employee stock ownership plan contributions), the term "costs" includes only-
(i) Those recorded costs that, at the time of the request for reimbursement, the Contractor has paid by cash, check, or other form of actual payment for items or services purchased directly for the contract;
(ii) When the Contractor is not delinquent in paying costs of contract performance in the ordinary course of business, costs incurred, but not necessarily paid, for-
(A) Supplies and services purchased directly for the contract and associated financing payments to subcontractors, provided payments determined due will be made-
(1) In accordance with the terms and conditions of a subcontract or invoice; and
(2) Ordinarily within 30 days of the submission of the Contractor's payment request to the Government;
(B) Materials issued from the Contractor's inventory and placed in the production process for use on the contract;
(C) Direct labor;
(D) Direct travel;
(E) Other direct in-house costs; and
(F) Properly allocable and allowable indirect costs, as shown in the records maintained by the Contractor for purposes of obtaining reimbursement under Government contracts; and
(iii) The amount of financing payments that have been paid by cash, check, or other forms of payment to subcontractors.
(2) Accrued costs of Contractor contributions under employee pension plans shall be excluded until actually paid unless-
(i) The Contractor's practice is to make contributions to the retirement fund quarterly or more frequently; and
(ii) The contribution does not remain unpaid 30 days after the end of the applicable quarter or shorter payment period (any contribution remaining unpaid shall be excluded from the Contractor's indirect costs for payment purposes).
(3) Notwithstanding the audit and adjustment of invoices or vouchers under paragraph (g) of this clause, allowable indirect costs under this contract shall be obtained by applying indirect cost rates established in accordance with paragraph (d) of this clause.
(4) Any statements in specifications or other documents incorporated in this contract by reference designating performance of services or furnishing of materials at the Contractor's expense or at no cost to the Government shall be disregarded for purposes of cost-reimbursement under this clause.
(c) . A small business concern may receive more frequent payments than every 2 weeks.Small business concerns Final indirect cost rates.(d) Final annual indirect cost rates and the appropriate bases shall be established in accordance with subpart 42.7 of the Federal (1)
Acquisition Regulation (FAR) in effect for the period covered by the indirect cost rate proposal.
(2) The Contractor shall submit an adequate final indirect cost rate proposal to the Contracting Officer (or cognizant Federal agency official) and auditor within (i) the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the Contractor and granted in writing by the Contracting Officer. The Contractor shall support its proposal with adequate supporting data.
(ii) The proposed rates shall be based on the Contractor's actual cost experience for that period. The appropriate Government representative and the Contractor shall establish the final indirect cost rates as promptly as practical after receipt of the Contractor's proposal.
(iii) An adequate indirect cost rate proposal shall include the following data unless otherwise specified by the cognizant Federal agency official:
(A) Summary of all claimed indirect expense rates, including pool, base, and calculated indirect rate.
(B) . Schedule of claimed expenses by element of cost as identified in accounting records (Chart of General and Administrative expenses (final indirect cost pool) Accounts).
(C) . Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Accounts) for Overhead expenses (final indirect cost pool) each final indirect cost pool.
(D) . Schedule of claimed expenses by element of cost as identified in accounting records (Chart of Occupancy expenses (intermediate indirect cost pool) Accounts) and expense reallocation to final indirect cost pools.
(E) Claimed allocation bases, by element of cost, used to distribute indirect costs.
(F) Facilities capital cost of money factors computation.
(G) Reconciliation of books of account ( , General Ledger) and claimed direct costs by major cost element.i.e.
(H) Schedule of direct costs by contract and subcontract and indirect expense applied at claimed rates, as well as a subsidiary schedule of Government participation percentages in each of the allocation base amounts.
(I) Schedule of cumulative direct and indirect costs claimed and billed by contract and subcontract.
(J) . Listing of subcontracts awarded to companies for which the contractor is the prime or upper-tier contractor (include prime and Subcontract information subcontract numbers; subcontract value and award type; amount claimed during the fiscal year; and the subcontractor name, address, and point of contact information).
(K) Summary of each time-and-materials and labor-hour contract information, including labor categories, labor rates, hours, and amounts; direct materials; other direct costs; and, indirect expense applied at claimed rates.
(L) Reconciliation of total payroll per IRS form 941 to total labor costs distribution.
(M) Listing of decisions/agreements/approvals and description of accounting/organizational changes.
(N) Certificate of final indirect costs (see 52.242-4, Certification of Final Indirect Costs).
(O) Contract closing information for contracts physically completed in this fiscal year (include contract number, period of performance, contract ceiling amounts, contract fee computations, level of effort, and indicate if the contract is ready to close).
(iv) The following supplemental information is not required to determine if a proposal is adequate, but may be required during the audit process:
(A) Comparative analysis of indirect expense pools detailed by account to prior fiscal year and budgetary data.
(B) General organizational information and limitation on allowability of compensation for certain contractor personnel. See 31.205-6(p). Additional salary reference information is available at https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedBeforeJune24.pdf and https://www.whitehouse.gov/wp-content/uploads/2017/11/ContractorCompensationCapContractsAwardedafterJune24.pdf.
(C) Identification of prime contracts under which the contractor performs as a subcontractor.
(D) Description of accounting system (excludes contractors required to submit a CAS Disclosure Statement or contractors where the description of the accounting system has not changed from the previous year's submission).
(E) Procedures for identifying and excluding unallowable costs from the costs claimed and billed (excludes contractors where the procedures have not changed from the previous year's submission).
(F) Certified financial statements and other financial data ( , trial balance, compilation, review, ).e.g. etc.
(G) Management letter from outside CPAs concerning any internal control weaknesses.
(H) Actions that have been and/or will be implemented to correct the weaknesses described in the management letter from subparagraph (G) of this section.
(I) List of all internal audit reports issued since the last disclosure of internal audit reports to the Government.
(J) Annual internal audit plan of scheduled audits to be performed in the fiscal year when the final indirect cost rate submission is made.
(K) Federal and State income tax returns.
(L) Securities and Exchange Commission 10-K annual report.
(M) Minutes from board of directors meetings.
(N) Listing of delay claims and termination claims submitted which contain costs relating to the subject fiscal year.
(O) Contract briefings, which generally include a synopsis of all pertinent contract provisions, such as: contract type, contract amount, product or service(s) to be provided, contract performance period, rate ceilings, advance approval requirements, pre-contract cost allowability limitations, and billing limitations.
(v) The Contractor shall update the billings on all contracts to reflect the final settled rates and update the schedule of cumulative direct and indirect costs claimed and billed, as required in paragraph (d)(2)(iii)(I) of this section, within 60 days after settlement of final indirect cost rates.
(3) The Contractor and the appropriate Government representative shall execute a written understanding setting forth the final indirect cost rates. The understanding shall specify (i) the agreed-upon final annual indirect cost rates, (ii) the bases to which the rates apply, (iii) the periods for which the rates apply, (iv) any specific indirect cost items treated as direct costs in the settlement, and (v) the affected contract and/or subcontract, identifying any with advance agreements or special terms and the applicable rates.
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