HDTRA1-16-R-0011_RFP.pdf

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until 12:00 PM local time 20 Jul 2016

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X H 83 - 93 sara.j .toni.civ@mail.mil

RATING PAGE OF PAGES

7. ISSUED BY

(Date)

IMPORTANT - Award will be made on this Form, or on Standard Form 26, or by other authorized official written notice.

Previous Edition is Unusable 33-134 STANDARD FORM 33 (REV. 9-97)

Prescribed by GSA

FAR (48 CFR) 53.214(c)

1 93

(If other than Item 7)

15A. NAME 16. NAME AND TITLE OF PERSON AUTHORIZED TO

AND

ADDRESS

SIGN OFFER (Type or print)

OF

OFFEROR

AMENDMENT NO. DATE

15B. TELEPHONE NO (Include area code) 17. SIGNATURE15C. CHECK IF REMITTANCE ADDRESS

IS DIFFERENT FROM ABOVE - ENTER

SUCH ADDRESS IN SCHEDULE.

18. OFFER DATE

1. THIS CONTRACT IS A RATED ORDER

UNDER DPAS (15 CFR 700)

2. CONTRACT NO.

HDTRA1 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 4 copies for furnishing the supplies or services in the Schedule will be received at the place specified in Item 8, or if handcarried, in the depository located in

CAUTION - LATE Submissions, Modifications, and Withdrawals: See Section L, Provision No. 52.214-7 or 52.215-1. All offers are subject to all terms and

See Section L&M conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

SARA TONI 703-767-7881

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

2 - 12

X I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT X

PACKAGING AND MARKING

13 J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE

15 - 16 X K

REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA 17 - 22 X

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 23 - 37 X M

L INSTRS., CONDS., AND NOTICES TO OFFERORS

EVALUATION FACTORS FOR AWARD

NOTE: Item 12 does not apply if the solicitation includes the provisions at 52.214-16, Minimum Bid Acceptance 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 price 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 No. 52.232-8)

14. ACKNOWLEDGMENT OF AMENDMENTS

(The offeror acknowledges receipt of amendments

AMENDMENT NO. DATE

to the SOLICITATION for offerors and related documents numbered and dated):

FACILITY

12. In compliance with the above, the undersigned agrees, if this offer is accepted within calendar days (60 calendar days unless a different period

SOLICITATION, OFFER AND AWARD

X

(X) SEC. DESCRIPTION (X) SEC. DESCRIPTION PAGE(S)

PART I - THE SCHEDULE

26. NAME OF CONTRACTING OFFICER (Type or print) 27. UNITED STATES OF AMERICA 28. AWARD DATE

EMAIL:TEL: (Signature of Contracting Officer)

CODE CODE

B. TELEPHONE (Include area code) C. E-MAIL ADDRESS

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 AND OPEN COMPETITION:

10 U.S.C. 2304(c)( ) 41 U.S.C. 253(c)( ) (4 copies unless otherwise specified)

23. SUBMIT INVOICES TO ADDRESS SHOWN IN ITEM

24. ADMINISTERED BY (If other than Item 7) CODE 25. PAYMENT WILL BE MADE BY CODE

PART IV - REPRESENTATIO NS AND INSTRUCTIO NS

PART III - LIST O F DO CUMENTS, EXHIBITS AND O THER ATTACHMENTS

38 - 45

PART II - CO NTRACT CLAUSES

DEFENSE THREAT REDUCTION AGENCY/J4C

8725 JOHN J. KINGMAN ROAD, MSC 6201

FORT BELVOIR VA 22060-6201

FAX:

TEL:

FAX:

TEL:

NOTE: In sealed bid solicitations "offer" and "offeror" mean "bid" and "bidder".

SOLICITATION

6. REQUISITION/PURCHASE NO.

J3ON16243

5. DATE ISSUED

17 Jun 2016

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

HDTRA1-16-R-0011

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Advisory & Assistance Services (O&M)

CPFF

The contractor shall provide fully integrated Advisory and Assistance support services to the J10 Directorate in support of the Nuclear Enterprise Support as set forth in Attachment 1, Performance Work Statement (PWS) dated 1 June 2016.

FOB: Destination

PURCHASE REQUEST NUMBER: J3ON16243

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

PSC Code: R499

Advisory & Assistance Services (R&D)

CPFF

The contractor shall provide fully integrated Advisory and Assistance support services to the J10 Directorate in support of the Nuclear Enterprise Support as set forth in Attachment 1, Performance Work Statement (PWS) dated 1 June 2016.

A & AS Travel (O&M)

COST

All travel will be performed in IAW with the Performance Work Statement.

A & AS Travel (R&D)

All travel will be performed in IAW the Performance Work Statement.

OPTION Advisory & Assistance Services (O&M)

CPFF

The contractor shall provide fully integrated Advisory and Assistance support services to the J10 Directorate in support of the Nuclear Enterprise Support as set

OPTION Advisory & Assistance Services (R&D)

CPFF

The contractor shall provide fully integrated Advisory and Assistance support services to the J10 Directorate in support of the Nuclear Enterprise Support as set

OPTION A & AS Travel (O&M)

OPTION A & AS Travel (R&D)

OPTION Advisory & Assistance Services (O&M)

CPFF

The contractor shall provide fully integrated Advisory and Assistance support services to the J10 Directorate in support of the Nuclear Enterprise Support as set

OPTION Advisory & Assistance Services (R&D)

CPFF

The contractor shall provide fully integrated Advisory and Assistance support services to the J10 Directorate in support of the Nuclear Enterprise Support as set

OPTION A & AS Travel (O&M)

OPTION A & AS Travel (R&D)

OPTION Advisory & Assistance Services (O&M)

CPFF

The contractor shall provide fully integrated Advisory and Assistance support services to the J10 Directorate in support of the Nuclear Enterprise Support as set

OPTION Advisory & Assistance Services (R&D)

CPFF

The contractor shall provide fully integrated Advisory and Assistance support services to the J10 Directorate in support of the Nuclear Enterprise Support as set

OPTION A & AS Travel (O&M)

OPTION A & AS Travel (R&D)

OPTION Advisory & Assistance Services (O&M)

CPFF

The contractor shall provide fully integrated Advisory and Assistance support services to the J10 Directorate in support of the Nuclear Enterprise Support as set

OPTION Advisory & Assistance Services (R&D)

CPFF

The contractor shall provide fully integrated Advisory and Assistance support services to the J10 Directorate in support of the Nuclear Enterprise Support as set

OPTION A & AS Travel (O&M)

OPTION A & AS Travel (R&D)

CLAUSES INCORPORATED BY FULL TEXT

252.216-9000 LEVEL OF EFFORT (AUG 2010)

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

LEVEL(S) OF EFFORT TIME PERIOD

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

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

d. Prior to final payment of any amount of fixed fee due the Contractor hereunder, the Contractor shall provide to the

Contracting Officer a certification that he has exerted the level(s) of effort required by Paragraphs a. and b., as from time-to-time amended, or as changed by written approval of the Contracting Officer.

TBD at award for the level of effort and time period

(End of Clause)

Section C - Descriptions and Specifications

DESCRIPTION AND SPECFICATION

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

a. Defense Threat Reduction Agency Contract Performance Work Statement entitled, “Advisory and Assistance

Services Support to the J10 Nuclear Enterprise Support Directorate Organizations” Dated 1 June 2016, Attachment 1 to this Solicitation.

b. DoD Contract Security Classification Specification (DD Form 254).

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLIN INSPECT AT INSPECT BY ACCEPT AT ACCEPT BY

0001 Destination Government Destination Government

0002 Destination Government Destination Government

0003 Destination Government Destination Government

0004 Destination Government Destination Government

1001 Destination Government Destination Government

1002 Destination Government Destination Government

1003 Destination Government Destination Government

1004 Destination Government Destination Government

2001 Destination Government Destination Government

2002 Destination Government Destination Government

2003 Destination Government Destination Government

2004 Destination Government Destination Government

3001 Destination Government Destination Government

3002 Destination Government Destination Government

3003 Destination Government Destination Government

3004 Destination Government Destination Government

4001 Destination Government Destination Government

4002 Destination Government Destination Government

4003 Destination Government Destination Government

4004 Destination Government Destination Government

CLAUSES INCORPORATED BY REFERENCE

52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

52.246-8 Inspection Of Research And Development Cost

Reimbursement

MAY 2001

Section F - Deliveries or Performance

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS UIC

0001 POP 06-FEB-2017 TO

05-FEB-2018

N/A N/A

0002 POP 06-FEB-2017 TO

0003 POP 06-FEB-2017 TO

0004 POP 06-FEB-2017 TO

1001 POP 06-FEB-2018 TO

05-FEB-2019

1002 POP 06-FEB-2018 TO

1003 POP 06-FEB-2018 TO

1004 POP 06-FEB-2018 TO

2001 POP 06-FEB-2019 TO

05-FEB-2020

2002 POP 06-FEB-2019 TO

2003 POP 06-FEB-2019 TO

2004 POP 06-FEB-2019 TO

3001 POP 06-FEB-2020 TO

05-FEB-2021

3002 POP 06-FEB-2020 TO

3003 POP 06-FEB-2020 TO

3004 POP 06-FEB-2020 TO

4001 POP 06-FEB-2021 TO

05-FEB-2022

4002 POP 06-FEB-2021 TO

4003 POP 06-FEB-2021 TO

4004 POP 06-FEB-2021 TO

52.242-15 Stop-Work Order AUG 1989

52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984

52.247-34 F.O.B. Destination NOV 1991

Section G - Contract Administration Data

252.204-0004 Line Item Specific: by Fiscal Year SEP 2009

252.204-7006 Billing Instructions OCT 2005

252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

JUN 2012

252.242-7004 Material Management And Accounting System MAY 2011

252.216-9005 PROFIT OR FEE ON TRAVEL COSTS (JUL 2008)

Travel shall not be a profit or fee bearing cost element.

(End of clause)

252.232-9000 CONTRACT FUNDING PROFILE (OCT 1998)

To Be Completed at time of Award

Subject to FAR Clause 52.232-22, Limitation of Funds, the amount of $_____________ is obligated for work to be performed during the period beginning with contract award and continuing through _________________.

Additional incremental funding planned, but not obligated, is:

FY____ $____________________

252.232-9001 PRICES/COST

a. Subject to the provisions of the Clauses of this Contract entitled LIMITATION OF FUNDS, ALLOWABLE

COST AND PAYMENT, and FIXED FEE, the total allowable cost under this Contract shall not exceed $________

A_____ _____, which is the total estimated cost of the Contractor's performance hereunder, exclusive of fixed fee.

In addition, the Government shall pay the Contractor a fixed fee of $__________B_____________ for the performance of this Contract. It is understood and agreed that the Government's obligation is limited to

INCREMENTAL FUNDING in the amount of $_________C____________. Within this amount

($________C_________), the fixed fee shall bear the same relationship to the total fixed fee, as the costs incurred bear to the total estimated cost.

b. Interim payment vouchers may be submitted for provisional payment pursuant to the Clauses of this Contract entitled ALLOWABLE COST AND PAYMENT and FIXED FEE.

**To Be Specified at time of Award

Fill in the dollar amounts as applicable:

A: $______________

B: $______________

C: $______________

252.232-9002 ACCOUNTING AND APPROPRIATION DATA

CLIN ACRN ACCOUNTING AND APPROPRIATION DATA AMOUNT

0001 AA TBD $TBD

252.232-9012 - Invoicing, Receipt, Acceptance, and Property Transfer (iRAPT) formally

(WAWF) – RECEIPT AND ACCEPTANCE (RA) INSTRUCTIONS (OCT 2015)

(a) As prescribed in DFARS clause 252.232-7003 Electronic Submission of Payment Requests

(Jun 2012), Contractors must submit payment requests in electronic form. Paper copies will no longer be accepted or processed for payment unless the conditions of DFARS clause 252.232-

7003(c) apply. To facilitate this electronic submission, the Defense Threat Reduction Agency

(DTRA) has implemented the DoD sanctioned Invoicing, Receipt, Acceptance, and Property

Transfer (iRAPT) for contractors to submit electronic payment requests and receiving reports.

The contractor shall submit electronic payment requests and receiving reports via (iRAPT).

Vendors shall send an email notification to the Contracting Officer Representative (COR), Program/Project Manager or other government acceptance official identified in the contract by clicking on the Send Additional Email Notifications link upon every submission of an invoice/cost voucher in iRAPT. To access (iRAPT), go to https://wawf.eb.mil.

For questions, contact the DTRA iRAPT Team at dtra.belvoir.J4-8C.mbx.dtra-wawf-help@mail.mil.

(b) Definitions:

Acceptor: Contracting Officer’s Representative, Program/Project Manager, or other government acceptance official as identified in the contract/order.

Pay Official: Defense Finance and Accounting Service (DFAS) payment office identified in the contract/order.

SHIP To/Service Acceptor DoDAAC: Acceptor DoDAAC or DCMA DoDAAC (as specified in the contract/order).

DCAA Auditor DoDAAC: Needed when invoicing on cost-reimbursable contracts. (Go to www.dcaa.mil and click on the appropriate link under Locator to search for your DCAA

DoDAAC.)

>>>>> For contracts that are administered by the Office of Naval Research (ONR): <<<<<

Enter the ONR DoDAAC in the DCAA Auditor and Service Approver DoDAAC field in iRAPT.

(c) iRAPT Contractor Input Information:

The contractor shall use the following information in creating electronic payment requests in

(iRAPT):

Invoice Type in iRAPT:

If billing for Cost Type/Reimbursable contracts (including T&M and LH), select “Cost

Voucher”

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

If billing for FFP Materials and Service, select “Combo”

If billing for FFP Services Only, select “2-n-1 (Services Only)”

If the contract contains both FFP and Cost Type (including T&M and LH) line items, they must be invoiced separately on appropriate types mentioned above. Upon the written approval of the Project Manager or Contracting Officer’s Representative, the contractor may invoice both line items in one type of invoice.

For iRAPT Routing Information, See Table Below:

Description

SF 26 SF 33 SF 1449 DD 1155

Located in Block/Section

Contract Number 2 2 2 1

Delivery Order See Individual Order 4 2

CAGE Code 7 15a 17a 9

Pay DoDAAC 12 25 18a 15

Inspection Section E (except SF 1449, See Entitled):

mailto:dtra.belvoir.J4-8C.mbx.dtra-wawf-help@mail.mil mailto:dtra.belvoir.J4-8C.mbx.dtra-wawf-help@mail.mil http://www.dcaa.mil/

INSPECTION AND ACCEPTANCE

Acceptance Section E (except SF 1449, See Entitled):

INSPECTION AND ACCEPTANCE

Issue Date 3 5 3 3

Issue By DoDAAC 5 7 9 6

Admin DoDAAC 6 24 16 7

Ship To / Service

Acceptor DoDAAC 6 24 16 7

Ship to Extension Do Not Fill In

Services or Supplies Based on majority of requirement as determined by monetary value

Final Invoice?

Do not change “N” (no) to “Y” (yes) unless this is the last invoice and the contract is ready for closeout.

(d) Final Invoices/Vouchers -Final Payment shall be made in accordance with the Federal

Acquisition Regulation (FAR) 52.216-7, entitled “Allowable Cost and Payment.”

Invoices - Invoice 2-n-1 (Services Only) and Invoice and Receiving Report (Combo)

Select the “Y” selection from the “Final Invoice?” drop-down box when submitting the final invoice for payment for a contract. Upon successful submission of the final invoice, click on the

Send Additional Email Notifications link to send an additional email notification to the

Contracting Officer Representative (COR), Program/Project Manager or other government acceptance official identified in the contract.

Final Cost Vouchers - Once the final DCAA audit is complete for cost reimbursable contracts and authorization from DCAA is received, submit the final cost voucher to dtra.belvoir.J4-8C.mbx.closeouts@mail.mil .

**DO NOT SUBMIT FINAL VOUCHERS (ENDING IN “Z”) VIA iRAPT, submit only to the e-mail listed above.

(e) WAWF e-Business Suite Training may be accessed online at https://wawftraining.eb.mil/wbt/. To practice creating documents in iRAPT, visit the practice site at https://wawftraining.eb.mil. General DFAS information may be accessed using the DFAS website at http://www.dfas.mil/. Payment status information may be accessed using the myInvoice system at https://wawf.eb.mil. Your contract number and shipment/invoice number will be required to check status of your payment.

Note: For specific invoice related inquiries, email: dtra.belvoir.j4-8c.mbx.vendor-pay@mail.mil. Vendors shall forward any additional DTRA related iRAPT questions to dtra.belvoir.J4-8C.mbx.dtra-wawf-help@mail.mil.

mailto:dtra.belvoir.J4-8C.mbx.closeouts@mail.mil https://wawftraining.eb.mil/wbt/ https://wawftraining.eb.mil/ http://www.dfas.mil/

(f) DCMA Administered Contract exceptions are as follows:

For iRAPT Routing Information, See Table Below:

Description

SF 26 SF 33 SF 1449 DD 1155

Located in Block/Section

Ship To / Service

Acceptor DoDAAC 5 24 16 6

Final Cost Vouchers - Once the final DCAA audit is complete for cost reimbursable contracts and authorization from DCAA is received, submit the final cost voucher to the DCMA Office identified on the contract.

Note2: For specific invoice related inquiries, please contact the DCMA office identified on the contract. Vendors shall forward any additional DTRA related iRAPT questions to dtra.belvoir.J4-8C.mbx.dtra-wawf-help@mail.mil.

End of clause

252.237-9000 CONTRACT HOLIDAYS (JUN 2010)

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

(b) The following days are contract holidays:

New Year’s Day 01 January

Martin Luther King’s Birthday Third Monday in January

President’s day Third Monday in February

Memorial Day Last Monday in May

Independence Day 04 July

Labor Day First Monday in September

Columbus Day Second Monday in October

Veteran’s Day 11 November

Thanksgiving Day Fourth Thursday in November

Christmas Day 25 December

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

Section H - Special Contract Requirements

H.1. TELEWORKING

During inclement weather or crisis, the Agency may authorize government employees to telework. Under the aforementioned situations, the Program Manager may authorize the contractor to telework to continue support of the mission in accordance with the Agency procedure that is in effect at that time. Further, in order for the contractor to telework, the contractor must have their DTRA furnished laptop and have unclassified work that can be performed outside of the DTRA office or at an authorized telework site. The contractor must have prior approval before commencing telework.

52.228-4 Workers' Compensation and War-Hazard Insurance Overseas APR 1984

52.228-7 Insurance--Liability To Third Persons MAR 1996

252.225-7040 Contractor Personnel Supporting U.S. Armed Forces

Deployed Outside the United States

OCT 2015

252.225-7043 Antiterrorism/Force Protection Policy for Defense Contractors

Outside the United States

JUN 2015

252.225-7985

(Deviation)

Contractor Personnel Performing in Support of Operation

United Assistance (OUA) in the United States Africa

Command (USAFRICOM) Theater of Operations

(DEVIATION 2015-00003)

DEC 2014

252.228-7000 Reimbursement for War-Hazard Losses DEC 1991

252.228-7003 Capture and Detention DEC 1991

252.232-7008 Assignment of Claims (Overseas) JUN 1997

252.233-7001 Choice of Law (Overseas) JUN 1997

252.203-9000 Prohibition on the Use of Senior Mentors (JUNE 2010)

(a) The use of senior mentors by the Defense Threat Reduction Agency (DTRA) enhances the readiness of the

Agency across a wide range of strategic, operational, joint, functional, technical, management and development mission areas. The relevant prior service, joint force experience, and unique expertise of these senior consultants provide senior leadership with valuable insights and contribute to the continuous improvement of the Agencies’ operations.

(b) For the purposes of this clause, Senior Mentor is defined as a retired flag, general or other military officers (O-6) or retired senior civilian official (Senior Executive Service (SES), Senior Level (SL), Scientific and Professional

(ST)) who provides expert experience-based mentoring, teaching, training, advice, and recommendations to senior military officers, staffs and students as they participate in war games, warfighting courses, operational planning, operational exercises, and decision-making exercises.

(c) In accordance with Secretary of Defense Memorandum entitled “Policy on Senior Mentors” dated April 1, 2010, DTRA will hire all senior mentors as highly qualified experts (HQE) under 5 U.S.C. 9903. This policy balances the need for DTRA to secure the specialized knowledge required for these operational exercises with the need to hire such experts in a manner that promotes public trust and confidence.

(d) The Contractor shall not include the use of senior mentors in bids or proposals for services/supplies offered to

DTRA.

(e) The Contractor shall include the substance of this clause in all subcontracts.

252.204-9003 Contractor Access to DTRA Facilities or Information Systems (AUG 2007)

Contractors requiring access to Defense Threat Reduction Agency (DTRA) facilities or information systems worldwide will be required to obtain a Common Access Card (CAC), and shall comply with the identity proofing, registration, and accreditation requirements provided by the DTRA Physical Security Branch, Security and

Counterintelligence Directorate. Further information may be obtained by contacting the Physical Security Branch at

703-767-2972 or 7951.

252.204-9006 - DTRC SPACE ALLOCATION (JUN 2013)

(a) DTRA will allocate 42 work spaces as indicated below for performance of this contract.

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

Not to exceed 18 8725 John J. Kingman Road

Fort Belvoir, VA 22060

Not to exceed 24 1680 Texas St. SE

Kirtland AFB, NM 87117

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

252.209-9000 ORGANIZATIONAL CONFLICTS OF INTEREST (FEB 2011)

a. Purpose. The primary purpose of this Clause is to aid in ensuring that: (1) the Contractor's objectivity and judgment are not biased because of its past, present, or currently planned interests (financial, contractual, organizational, or otherwise) which relate to work under this Contract, (2) the Contractor does not obtain an unfair competitive advantage by virtue of its access to non-public information regarding the Government's program plans and actual or anticipated resources, and (3) by virtue of its access to proprietary information belonging to others, the

Contractor does not obtain any unfair competitive advantage.

b. Scope. The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as "contractor") in the activities covered by this Clause as prime contractor, subcontractor, cosponsor, joint venturer, consultant, or in any similar capacity.

(1) Maintenance of Objectivity: The Contractor shall be ineligible to participate in any capacity in contracts, subcontracts, or proposals therefor (solicited or unsolicited) which stem directly from the Contractor's performance of work under this Contract. Furthermore, unless so directed in writing by the Contracting Officer, the

Contractor shall not perform any services under this Contract on any of its own products or services, or the products or services of another firm if the Contractor is, or has been, substantially involved in their development or marketing.

In addition, if the Contractor under this Contract prepares a complete, or essentially complete, Statement of Work to be used in competitive acquisitions, the Contractor shall be ineligible to perform or participate in any capacity in any contractual effort which is based on such Statement of Work or specifications. Nothing in this subparagraph shall preclude the Contractor from competing for follow-on contracts.

(2) Access To and Use of Government Information: If the Contractor, in the performance of this

Contract, obtains access to information such as plans, policies, reports, studies, financial plans, or data which has not been released or otherwise made available to the public, the Contractor agrees that without prior written approval of the Contracting Officer, it shall not: (a) use such information for any private purpose unless the information has been released or otherwise made available to the public, (b) compete for work based on such information for a period of six (6) months after the completion of this Contract, or until such information is released or otherwise made available to the public, whichever occurs first, (c) submit an unsolicited proposal to the Government which is based on such information until one year after such information is released or otherwise made available to the public, and (d) release such information unless such information has previously been released or otherwise made available to the public by the Government.

(3) Access To and Protection of Proprietary Information: The Contractor agrees that, to the extent it receives or is given access to proprietary data, trade secrets, or other confidential or privileged technical, business, or financial information (hereinafter referred to as "proprietary data") under this Contract, it shall treat such information in accordance with any restrictions imposed on such information. The Contractor further agrees to enter into a written agreement for the protection of the proprietary data of others and to exercise diligent effort to protect such proprietary data from unauthorized use or disclosure. A copy of each such written agreement shall be furnished to the Contracting Officer. In addition, the Contractor shall obtain from each employee who has access to proprietary data and Government information (defined in subparagraph b(2)) under this Contract, a written agreement which shall in substance provide that such employee shall not, during his/her employment by the

Contractor or thereafter, disclose to others or use for their benefit, proprietary data received in connection with the work under this Contract.

c. Subcontracts: The Contractor shall include this Clause, including this paragraph, in consulting agreements and subcontracts of any tier. The terms "contract," "Contractor," and "Contracting Officer" will be appropriately modified to preserve the Government's rights.

d. Representations and Disclosures:

(1) The Contractor represents that it has disclosed to the Contracting Officer, prior to award, all facts relevant to the existence or potential existence of organizational conflict of interests as that term is used in FAR

Subpart 9.5.

(2) The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract, prompt and full disclosure shall be made in writing to the Contracting Officer which shall include a description of the action the Contractor has taken or proposes to take to avoid or mitigate such conflicts.

e. Remedies and Waiver:

(1) For breach of any of the above restrictions or for nondisclosure or misrepresentation of any relevant facts required to be disclosed during this contract, the Government may terminate this contract for default, disqualify the Contractor for subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract. If, however, in compliance with this clause, the Contractor discovers and promptly reports an organizational conflict of interest (or potential therefore) subsequent to contract award, the Contracting

Officer may terminate this contract for convenience if such termination is deemed to be in the best interest of the

Government.

(2) The parties recognize that it is impossible to foresee each circumstance to which this clause might be applied in the future and that the clause has effect which will survive the performance of this contract.

Accordingly, the Contractor may at any time seek a waiver from the Contracting Officer by submitting a full written description of the requested waiver and the reasons in support thereof. If it is determined to be in the best interests of the Government, the Head of Contracting Activity will grant such a waiver in writing.

f. Modifications: Prior to a contract modification, when the Statement of Work is changed to add new work or the period of performance is significantly increased, the Contracting Officer will request, and the Contractor is required to submit, either an organizational conflict of interest disclosure or an update of the previously submitted disclosure or representation.

g. Termination: The restrictions imposed by paragraph b(1) of this clause will terminate one year after final payment on this contract. Restrictions upon use of government information and the requirement to protect proprietary information are permanent.

h. If an OCI mitigation plan is incorporated into the contract, the detailed implementation of the requirements of this clause is in the Contractor’s OCI mitigation plan attached to this contract.

252.215-9004 KEY PERSONNEL (AUG 2012)

The personnel listed below are considered essential to the work being performed hereunder. Prior to removing, replacing, or diverting any of the specified individuals, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on this Contract. No deviation shall be made by the Contractor without the prior written consent of the

Contracting Officer; provided, that the Contracting Officer authorizes in writing the change, such authorization shall constitute the consent of the Contracting Officer required by this paragraph. The personnel listed below may, with the consent of the contracting parties, be amended from time to time during the course of the Contract to either add or delete personnel as appropriate.

To Be Completed at Time of Award

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

(a) All Contractors requiring access to any Defense Threat Reduction Agency (DTRA) Facility shall have an

Environment, Safety and Occupational Health program and shall ensure their personnel are aware of and comply with the program.

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

Officer.

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

(d) The contractor shall file a report of all incidents and accidents by submitting an online Accident Report via the

DTRA Environment, Safety, and Occupational Health Office webpage

[http://dtranet/apps/safety/Accident/includes/Main.cfm?displayPage=Accident.Cfm] or electronic DTRA Form

9, Report of Civilian, Military, or Contractor Personnel Injury or Illness to the COR and the Contracting Officer within 48 hours.

(e) The contractor will cooperate and assist the Government if a Government investigation of the accident/incident is conducted

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

2013)

(a) Environmental, Radiation, and Safety Notification: The Contractor shall notify the

Contracting Officer (CO) and Contracting Officer Representative (COR) of any occurrence of non-compliance with Environmental, Radiation, and Safety regulations that occur at any of the Contractor’s facilities at which government property is located as soon as practicable, but not later than 24 hours after identification of an incident. The Contractor shall make initial notification by telephone or email. Then, shall follow-up with a written report within

10 business days.

(b) The Contractor shall notify the CO/COR of any external Environmental, Radiation, and

Safety audits or inspections conducted at the facility and provide any reports resulting from the audit. The final report shall be provided to the CO/COR within 30 days following the audit.

(c) The Contractor shall comply with all Federal, State, and local Environmental, Radiation, and

Safety regulations, including, without limitation, statutes, ordinances, court orders, consent decrees, administrative orders, or compliance agreements applicable to the facilities where the Government Property is located.

(d) The Contractor shall acquire all necessary permits, and licenses.

(e) DTRA will not be responsible, financially or otherwise, for the investigation, monitoring, cleanup, containment, restoration, removal, or other remedial activity with respect to any hazardous substances present in the soil, ground water, or building(s) that (i) results from activities conducted by entities other than DTRA during the term of this contract, or (ii) results from activities conducted pursuant to any contract, lease, or occupancy agreement that is not associated with DTRA-owned property or activities.

252.225-9076 INVITED CONTRACTOR OR TECHNICAL REPRESENTATIVE STATUS UNDER U.S. -

REPUBLIC OF KOREA (ROK)(MAR 2008)

Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the U.S.-ROK Status of

Forces Agreement (SOFA) as implemented by United States Forces Korea (USFK) Reg 700-19, which can be found under the “publications” tab on the US Forces Korea homepage http://www.usfk.mil

(a) Definitions. As used in this clause—

“U.S. – ROK Status of Forces Agreement” (SOFA) means the Mutual Defense Treaty between the Republic of Korea and the U.S. of America, Regarding Facilities and Areas and the Status of U.S. Armed Forces in the Republic of Korea, as amended

“Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. In Korea, the Combatant Commander is the Commander, United States

Pacific Command.

“United States Forces Korea” (USFK) means the subordinate unified command through which US forces would be sent to the Combined Forces Command fighting components.

“Commander, United States Forces Korea” (COMUSK) means the commander of all U.S. forces present in

Korea. In the Republic of Korea, COMUSK also serves as Commander, Combined Forces Command

(CDR CFC) and Commander, United Nations Command (CDR UNC).

“USFK, Assistant Chief of Staff, Acquisition Management” (USFK/FKAQ) means the principal staff office to USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third

Country contractors under the Invited Contractor (IC) and Technical Representative (TR) Program (USFK

Reg 700-19).

“Responsible Officer (RO)” means a senior DOD employee (such as a military E5 and above or civilian

GS-7 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics support for IC/TRs during contract performance in the

ROK.

http://www.usfk.mil/

(b) IC or TR status under the SOFA is subject to the written approval of USFK, Assistant Chief of Staff, Acquisition Management (FKAQ), Unit #15237, APO AP 96205-5237.

(c) The contracting officer will coordinate with HQ USFK/FKAQ, IAW FAR 25.8, and USFK Reg 700-19.

FKAQ will determine the appropriate contractor status under the SOFA and notify the contracting officer of that determination.

(d) Subject to the above determination, the contractor, including its employees and lawful dependents, may be accorded such privileges and exemptions under conditions and limitations as specified in the SOFA and USFK

Reg 700-19. These privileges and exemptions may be furnished during the performance period of the contract, subject to their availability and continued SOFA status. Logistics support privileges are provided on an as-available basis to properly authorized individuals. Some logistics support may be issued as Government

Furnished Property or transferred on a reimbursable basis.

(e) The contractor warrants and shall ensure that collectively, and individually, its officials and employees performing under this contract will not perform any contract, service, or other business activity in the ROK, except under U.S. Government contracts and that performance is IAW the SOFA.

(f) The contractor’s direct employment of any Korean-National labor for performance of this contract shall be governed by ROK labor law and USFK regulation(s) pertaining to the direct employment and personnel administration of Korean National personnel.

(g) The authorities of the ROK have the right to exercise jurisdiction over invited contractors and technical representatives, including contractor officials, employees and their dependents, for offenses committed in the

ROK and punishable by the laws of the ROK. In recognition of the role of such persons in the defense of the

ROK, they will be subject to the provisions of Article XXII, SOFA, related Agreed Minutes and

Understandings. In those cases in which the authorities of the ROK decide not to exercise jurisdiction, they shall notify the U.S. military authorities as soon as possible. Upon such notification, the military authorities will have the right to exercise jurisdiction as is conferred by the laws of the U.S.

(h) Invited contractors and technical representatives agree to cooperate fully with the USFK Sponsoring Agency

(SA) and Responsible Officer (RO) on all matters pertaining to logistics support and theater training requirements. Contractors will provide the assigned SA prompt and accurate reports of changes in employee status as required by USFK Reg 700-19.

(i) Theater Specific Training. Training Requirements for IC/TR personnel shall be conducted in accordance with USFK Reg 350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK. IC/TR personnel shall comply with requirements of USFK

Reg 350-2.

(j) Except for contractor air crews flying Air Mobility Command missions, all U.S. contractors performing work on USAF classified contracts will report to the nearest Security Forces Information Security Section for the geographical area where the contract is to be performed to receive information concerning local security requirements.

(k) Invited Contractor and Technical Representative status may be withdrawn by USFK/FKAQ upon:

(1) Completion or termination of the contract.

(2) Determination that the contractor or its employees are engaged in business activities in the ROK other than those pertaining to U.S. armed forces.

(3) Determination that the contractor or its employees are engaged in practices in contravention to Korean law or USFK regulations.

(l) It is agreed that the withdrawal of invited contractor or technical representative status, or the withdrawal of, or failure to provide any of the privileges associated therewith by the U.S. and USFK, shall not constitute grounds for excusable delay by the contractor in the performance of the contract and will not justify or excuse the contractor defaulting in the performance of this contract. Furthermore, it is agreed that withdrawal of SOFA status for reasons outlined in USFK Reg 700-19, Section II, paragraph 6 shall not serve as a basis for the contractor filing any claims against the U.S. or USFK. Under no circumstance shall the withdrawal of SOFA

Status or privileges be considered or construed as a breach of contract by the U.S. Government.

(m) Support.

(1) Unless the terms and conditions of this contract place the responsibility with another party, the

COMUSK will develop a security plan to provide protection, through military means, of Contractor personnel engaged in the theater of operations when sufficient or legitimate civilian authority does not exist.

(2)

(i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical or emergency dental treatment or transportation of

Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this contract.

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract.

(n) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel supporting U.S Armed Forces in the Republic of Korea as specified in paragraph (b)(1) of this clause are familiar with and comply with, all applicable—

(1) United States, host country, and third country national laws;

(2) Treaties and international agreements;

(3) United States regulations, directives, instructions, policies, and procedures; and

(4) Orders, directives, and instructions issued by the COMUSK relating to force protection, security, health, safety, or relations and interaction with local nationals. Included in this list are force protection advisories, health advisories, area (i.e. “off-limits”), prostitution and human trafficking and curfew restrictions.

(o) Vehicle or equipment licenses. IAW USFK Regulation 190-1, Contractor personnel shall possess the required licenses to operate all vehicles or equipment necessary to perform the contract in the theater of operations. All contractor employees/dependents must have either a Korean driver’s license or a valid international driver’s license to legally drive on Korean roads, and must have a USFK driver’s license to legally drive on USFK installations. Contractor employees/dependents will first obtain a Korean driver’s license or a valid international driver’s license then obtain a USFK driver’s license.

(p) Evacuation.

(1) If the COMUSK orders a non-mandatory or mandatory evacuation of some or all personnel, the

Government will provide assistance, to the extent available, to United States and third country national contractor personnel.

(2) Non-combatant Evacuation Operations (NEO).

(i) The contractor shall designate a representative to provide contractor personnel and dependents information to the servicing NEO warden as required by direction of the Responsible Officer.

(ii) If contract period of performance in the Republic of Korea is greater than six months, non emergency essential contractor personnel and all IC/TR dependents shall participate in at least one

USFK sponsored NEO exercise per year.

(q) Next of kin notification and personnel recovery.

(1) The Contractor shall be responsible for notification of the employee-designated next of kin in the event an employee dies, requires evacuation due to an injury, or is missing, captured, or abducted.

(2) In the case of missing, captured, or abducted contractor personnel, the Government will assist in personnel recovery actions in accordance with DOD Directive 2310.2, Personnel Recovery.

(3) IC/TR personnel shall accomplish Personnel Recovery/Survival, Evasion, Resistance and Escape

(PR/SERE) training in accordance with USFK Reg 525-40, Personnel Recovery Procedures and USFK Reg

350-2 Theater Specific Required Training for all Arriving Personnel and Units Assigned to, Rotating to, or in Temporary Duty Status to USFK.

(r) Mortuary affairs. Mortuary affairs for contractor personnel who die while providing support in the theater of operations to U.S. Armed Forces will be handled in accordance with DOD Directive 1300.22, Mortuary Affairs

Policy and Army Regulation 638-2, Care and Disposition of Remains and Disposition of Personal Effects.

(s) USFK Responsible Officer (RO). The USFK appointed RO will ensure all IC/TR personnel complete all applicable training as outlined in this clause.

252.225-9077 CONTINUANCE OF PERFORMANCE DURING ANY STATE OF EMERGENCY IN THE

REPUBLIC OF KOREA (ROK)(MAR 2008)

Invited Contractor (IC) and Technical Representative (TR) status shall be governed by the U.S.-ROK Status of

Forces Agreement (SOFA) as implemented by United States Forces Korea (USFK) Reg 700-19, which can be found under the “publications” tab on the US Forces Korea homepage http://www.usfk.mil.

(a) Definitions. As used in this clause—

“U.S. – ROK Status of Forces Agreement” (SOFA) means the Mutual Defense Treaty between the Republic of Korea and the U.S. of America, Regarding Facilities and Areas and the Status of U.S. Armed Forces in the Republic of Korea, as amended http://www.usfk.mil/

“Combatant Commander” means the commander of a unified or specified combatant command established in accordance with 10 U.S.C. 161. In Korea, the Combatant Commander is the Commander, United States

Pacific Command.

“United States Forces Korea” (USFK) means the subordinate unified command through which US forces would be sent to the Combined Forces Command fighting components.

COMUSK means the commander of all U.S. forces present in Korea. In the Republic of Korea, COMUSK also serves as Commander, Combined Forces Command (CDR CFC) and Commander, United Nations

Command (CDR UNC).

“USFK, Assistant Chief of Staff, Acquisition Management” (USFK/FKAQ) means the principal staff office to USFK for all acquisition matters and administrator of the U.S.-ROK SOFA as applied to US and Third

Country contractors under the Invited Contractor (IC) and Technical Representative (TR) Program (USFK

Reg 700-19).

“Responsible Officer” (RO) means A senior DOD employee (such as a military E5 and above or civilian

GS-7 and above), appointed by the USFK Sponsoring Agency (SA), who is directly responsible for determining and administering appropriate logistics support for IC/TRs during contract performance in the

ROK.

“Theater of operations” means an area defined by the combatant commander for the conduct or support of specified operations.

“Uniform Code of Military Justice” means 10 U.S.C. Chapter 47

(b) General.

(1) This clause applies when contractor personnel deploy with or otherwise provide support in the theater of operations (specifically, the Korean Theater of Operations) to U.S. military forces deployed/located outside the United States in—

(i) Contingency operations;

(ii) Humanitarian or peacekeeping operations; or

(iii) Other military operations or exercises designated by the Combatant Commander.

(2) Contract performance in support of U.S. military forces may require work in dangerous or austere conditions. The Contractor accepts the risks associated with required contract performance in such operations. The contractor will require all its employees to acknowledge in writing that they understand the danger, stress, physical hardships and field living conditions that are possible if the employee deploys in support of military operations.

(3) Contractor personnel are not combatants and shall not undertake any role that would jeopardize their status. Contractor personnel shall not use force or otherwise directly participate in acts likely to cause actual harm to enemy armed forces.

(c) Support.

(1) Unless the terms and conditions of this contract place the responsibility with another party, the

COMUSK will develop a security plan to provide protection, through military means, of Contractor personnel engaged in the theater of operations when sufficient or legitimate civilian authority does not exist.

(2)

(i) All Contractor personnel engaged in the theater of operations are authorized resuscitative care, stabilization, hospitalization at level III military treatment facilities, and assistance with patient movement in emergencies where loss of life, limb, or eyesight could occur. Hospitalization will be limited to stabilization and short-term medical treatment with an emphasis on return to duty or placement in the patient movement system.

(ii) When the Government provides medical treatment or transportation of Contractor personnel to a selected civilian facility, the Contractor shall ensure that the Government is reimbursed for any costs associated with such treatment or transportation.

(iii) Medical or dental care beyond this standard is not authorized unless specified elsewhere in this

(3) Unless specified elsewhere in this contract, the Contractor is responsible for all other support required for its personnel engaged in the theater of operations under this contract.

(d) Compliance with laws and regulations. The Contractor shall comply with, and shall ensure that its personnel supporting U.S Armed Forces in the Republic of Korea…