N00173-23-R-EN01 15 Nov 2022.pdf

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Remote Sensing Scientific and Engineering R&D Effort
Solicitation number
N00173-23-R-EN01
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This solicitation seeks proposals for scientific and engineering research and development support services related to remote sensing. The U.S. Naval Research Laboratory requires support for space, air, and surface-based remote sensor systems used to model and analyze the Earth's ocean, land, and atmosphere interfaces to improve weather prediction capabilities. The contractor shall provide scientific and engineering research and development services to support the Remote Sensing Division. The acquisition has a five-year period of performance consisting of one twelve-month base year and four option years. In accordance with FAR part 6.203, this opportunity is set aside for a small business. Proposals are due no later than 5:00pm Eastern Daylight Time on January 3, 2023.

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Offerors Questions and Governments Answers.xls XLS spreadsheet
N00173-23-R-EN01 Conformed Copy.pdf PDF
Mod 0003.pdf PDF
Mod 0002.pdf PDF
Att 1 SOW.pdf PDF
Att 4 Distribution of Labor Hours.pdf PDF
Att 5 Requirements for Onsite Contractors - 2022.pdf PDF
Att 7 Past Perf Questionnaire.pdf PDF
Att 8 Offeror Questions Submittal Form.xls XLS spreadsheet
Offeror Questions and Government Answers.xls XLS spreadsheet
Att 2 DD254.pdf PDF
Att 9 Small Business Participation Commitment Document.docx DOCX document
N00173-23-R-EN01.pdf PDF
Att 3 Personnel Qualifications.pdf PDF
Att 6 Cost Proposal Format.XLSX XLSX spreadsheet
Att 4 Personnel Qualifications.pdf PDF
Att 5 Distribution of Labor.pdf PDF
Att 6 Requirements for Onsite Contractors - 2022.pdf PDF
Att 9 Offeror Questions Submittal Form.xls XLS spreadsheet
Att 7 Cost Proposal Format.XLSX XLSX spreadsheet
Att 8 Past Perf Questionnaire.pdf PDF
Att 10 Small Business Participation Commitment Document.docx DOCX document
Att 3 CDRLs.pdf PDF
Att 1 SOW.pdf PDF
Att 2 DD254.pdf PDF
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CODE

(Hour)

PAGE(S)

until 05:00 PM local t ime 03 Jan 2023

A B C D E

G F

H erica.turner@nrl.navy .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)

1 106

(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.

N00173 8. ADDRESS OFFER TO

See Item 7

9. Sealed offers in original and 1 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

Electronic Submission Only conditions contained in this solicitation.

10. FOR INFORMATION

CALL:

A. NAME (NO COLLECT CALLS)

ERICA N TURNER 202-923-1399

11. TABLE OF CONTENTS

SOLICITATION/ CONTRACT FORM

SUPPLIES OR SERVICES AND PRICES/ COSTS

I CONTRACT CLAUSES

DESCRIPTION/ SPECS./ WORK STATEMENT

PACKAGING AND MARKING

J LIST OF ATTACHMENTS

INSPECTION AND ACCEPTANCE

DELIVERIES OR PERFORMANCE K REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS

CONTRACT ADMINISTRATION DATA

SPECIAL CONTRACT REQUIREMENTS

OFFER (Must be fully completed by offeror) 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) 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

PART II - CO NTRACT CLAUSES

NAVAL RESEARCH LABORATORY

4555 OVERLOOK AVE, SW

WASHINGTON DC 20375

FAX:

TEL:

FAX:

TEL:

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

SOLICITATION

6. REQUISITION/PURCHASE NO.5. DATE ISSUED

15 Nov 2022

4. TYPE OF SOLICITATION

SEALED BID (IFB)

NEGOTIATED (RFP)

[ X ]

3. SOLICITATION NO.

N0017323REN01

Section B - Supplies or Services and Prices

ITEM NO SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

0001 Lot Labor

CPFF

Labor for the Remote Sensing Science and Development.

The Contractor shall provide research and development labor as specified in accordance with Attachment No. 1, Statement of Work, dated 12 April 2022.

FOB: Destination

SIGNAL CODE: A

PSC CD: AJ12

ESTIMATED COST

FIXED FEE

TOTAL EST COST + FEE

0002 Lot Materials and Supplies

COST

Materials and supplies for the Remote Sensing Science and Development.

The Contractor shall provide research and development materials and supplies as specified in accordance with Attachment No. 1, Statement of Work, dated 12 April 2022.

FOB: Destination

0003 Lot Travel

COST

Travel for the Remote Sensing Science and Development.

The Contractor shall travel in accordance with the limitations set forth in FAR 31.205-46 and in accordance with the Federal Travel Regulations for research and development travel as specified in accordance with Attachment No. 1, Statement of Work, dated 12 April 2022.

FOB: Destination

0004 Lot Contract Data Requirements List (CDRL)

COST

CDRL for the Remote Sensing Science and Development.

The Contractor shall provide research and development CDRL as specified in accordance with Attachment No. 1, Statement of Work, dated and Attachment 4, CDRL dated 2 Nov 2022.

FOB: Destination

1001 Lot OPTION Labor

CPFF

Labor for the Remote Sensing Science and Development.

The Contractor shall provide research and development labor as specified in accordance with Attachment No. 1, Statement of Work, dated 12 April 2022.

FOB: Destination

1002 Lot OPTION Materials and Supplies

COST

Materials and supplies for the Remote Sensing Science and Development.

The Contractor shall provide research and development materials and supplies as specified in accordance with Attachment No. 1, Statement of Work, dated 12 April 2022.

FOB: Destination

1003 Lot OPTION Travel

COST

Travel for the Remote Sensing Science and Development.

The Contractor shall travel in accordance with the limitations set forth in FAR 31.205-46 and in accordance with the Federal Travel Regulations for research and development travel as specified in accordance with Attachment No. 1, Statement of Work, dated 12 April 2022.

FOB: Destination

1004 Lot OPTION Contract Data Requirements List (CDRL)

COST

CDRL for the Remote Sensing Science and Development.

The Contractor shall provide research and development CDRL as specified in accordance with Attachment No. 1, Statement of Work, dated and Attachment 4, CDRL dated 2 Nov 2022.

FOB: Destination

2001 Lot OPTION Labor

CPFF

Labor for the Remote Sensing Science and Development.

The Contractor shall provide research and development labor as specified in accordance with Attachment No. 1, Statement of Work, dated 12 April 2022.

FOB: Destination

2002 Lot OPTION Materials and Supplies

COST

Materials and supplies for the Remote Sensing Science and Development.

The Contractor shall provide research and development materials and supplies as specified in accordance with Attachment No. 1, Statement of Work, dated 12 April 2022.

FOB: Destination

2003 Lot OPTION Travel

COST

Travel for the Remote Sensing Science and Development.

The Contractor shall travel in accordance with the limitations set forth in FAR 31.205-46 and in accordance with the Federal Travel Regulations for research and development travel as specified in accordance with Attachment No. 1, Statement of Work, dated 12 April 2022.

FOB: Destination

2004 Lot OPTION Contract Data Requirements List (CDRL)

COST

CDRL for the Remote Sensing Science and Development.

The Contractor shall provide research and development CDRL as specified in accordance with Attachment No. 1, Statement of Work, dated and Attachment 4, CDRL dated 2 Nov 2022.

FOB: Destination

3001 Lot OPTION Labor

CPFF

Labor for the Remote Sensing Science and Development.

The Contractor shall provide research and development labor as specified in accordance with Attachment No. 1, Statement of Work, dated 12 April 2022.

FOB: Destination

3002 Lot OPTION Materials and Supplies

COST

Materials and supplies for the Remote Sensing Science and Development.

The Contractor shall provide research and development materials and supplies as specified in accordance with Attachment No. 1, Statement of Work, dated 12 April 2022.

FOB: Destination

3003 Lot OPTION Travel

COST

Travel for the Remote Sensing Science and Development.

The Contractor shall travel in accordance with the limitations set forth in FAR 31.205-46 and in accordance with the Federal Travel Regulations for research and development travel as specified in accordance with Attachment No. 1, Statement of Work, dated 12 April 2022.

FOB: Destination

3004 Lot OPTION Contract Data Requirements List (CDRL)

COST

CDRL for the Remote Sensing Science and Development.

The Contractor shall provide research and development CDRL as specified in accordance with Attachment No. 1, Statement of Work, dated and Attachment 4, CDRL dated 2 Nov 2022.

FOB: Destination

4001 Lot OPTION Labor

CPFF

Labor for the Remote Sensing Science and Development.

The Contractor shall provide research and development labor as specified in accordance with Attachment No. 1, Statement of Work, dated 12 April 2022.

FOB: Destination

4002 Lot OPTION Materials and Supplies

COST

Materials and supplies for the Remote Sensing Science and Development.

The Contractor shall provide research and development materials and supplies as specified in accordance with Attachment No. 1, Statement of Work, dated 12 April 2022.

FOB: Destination

4003 Lot OPTION Travel

COST

Travel for the Remote Sensing Science and Development.

The Contractor shall travel in accordance with the limitations set forth in FAR 31.205-46 and in accordance with the Federal Travel Regulations for research and development travel as specified in accordance with Attachment No. 1, Statement of Work, dated 12 April 2022.

FOB: Destination

4004 Lot OPTION Contract Data Requirements List (CDRL)

COST

CDRL for the Remote Sensing Science and Development.

The Contractor shall provide research and development CDRL as specified in accordance with Attachment No. 1, Statement of Work, dated and Attachment 4, CDRL dated 2 Nov 2022.

FOB: Destination

Section C - Descriptions and Specifications

STATEMENT OF WORK

SECTION C

STATEMENT OF WORK

C-1 STATEMENT OF WORK

The work and services to be performed hereunder shall be subject to the requirements and standards contained in Exhibit A - Contract Data Requirements List, Attachment J-1, Statement of Work, and all other Attachments cited in Section J, which are incorporated by reference into Section C.

Section D - Packaging and Marking

PACKAGING AND MARKING

SECTION D

PACKAGING AND MARKING

D-1 PACKAGING AND MARKING

All unclassified data and deliverable contract line items shall be preserved, packaged, packed and marked and must conform to normal commercial packing standards to assure safe delivery at destination.

D-2 MARKING OF SHIPMENTS AND REPORTS

The Contractor shall mark all shipments under this contract in accordance with the addition of ASTM-D-3951-18 “Standard Practice for Commercial Packaging” in effect on the date of the contract. The Contractor shall comply with FED STD 313 (Symbols for Packages and Containers for Hazardous Industrial Chemical and Materials) to the extent applicable.

All reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report: *

(1) Name and business address of the Contractor

(2) Contract number

*To be completed at Award

D-3 UNCLASSIFIED AND CLASSIFIED MARKING

Unclassified data shall be prepared for shipment in accordance with requirements set forth in the Task Order, or if none is specified, pursuant to industry standards.

Classified reports, data, and documentation shall be prepared for shipment in accordance with National Industrial Security Program Operating Manual (NISPOM), DOD 5220.22-M (dated February 28, 2006) and its Change 2 (dated May 18, 2016).

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE

SECTION E

INSPECTION AND ACCEPTANCE

E-1 INSPECTION AND ACCEPTANCE

Inspection and acceptance of the final delivery will be accomplished by the Contracting Officer Representative (COR) designated in Section G of this contract. Inspection and acceptance will be performed at the Naval Research Laboratory, Washington DC 20375-5320. Constructive acceptance, in accordance with FAR 32.904, shall be deemed to have occurred on the seventh (7th) day after the final delivery.

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

52.246-3 Inspection Of Supplies Cost-Reimbursement MAY 2001 52.246-5 Inspection Of Services Cost-Reimbursement APR 1984

52.246-8 Inspection Of Research And Development Cost Reimbursement

MAY 2001

252.247-7023 Transportation of Supplies by Sea FEB 2019

Section F - Deliveries or Performance

DELIVERIES OR PERFORMANCE

SECTION F

DELIVERIES OR PERFORMANCE

F-1 PLACE OF PERFORMANCE

The principal place of performance of this contract shall be at the Naval Research Laboratory in Washington, D.C. Other locations may be designated by the COR during contract execution.

F-2 PERIOD OF PERFORMANCE

The work under this contract (CLIN 0001 through CLIN 4004) shall commence on date of award and be completed no later than 12 months thereafter. The remaining four, 12 month option periods shall be exercised at the sole right of the Government. Performance under this contract shall not exceed 60 months total.

CLIN PERIOD OF PERFORMANCE

0001 12 months 0002 12 months 0003 12 months 0004 12 months 1001 12 months 1002 12 months 1003 12 months 1004 12 months 2001 12 months 2002 12 months 2003 12 months 2004 12 months 3001 12 months 3002 12 months 3003 12 months 3004 12 months 4001 12 months 4002 12 months 4003 12 months 4004 12 months

F-3 PLACE OF DELIVERY —FOB DESTINATION

The contractor shall deliver supplies, all transportation charges paid, to destination in accordance with the clause in Section F of the Schedule titled FAR 52.247-34 FOB Destination (NOV 1991).

All deliveries required under this contract shall be delivered to the following addresses only:

Naval Research Laboratory:

Receiving Officer Naval Research Laboratory

Contract Number *

ATTN: *

CODE: 7200

LOCATION: 4555 Overlook Ave., SW

Bldg. 209 Washington, DC 20375-5320

(* To be filled in at time of award.)

F-4 DELIVERABLES

See Exhibit A, CDRLs.

DELIVERY INFORMATION

CLIN DELIVERY DATE QUANTITY SHIP TO ADDRESS DODAAC /

CAGE

0001 POP 01-FEB-2023 TO

31-JAN-2024

N/A NAVAL RESEARCH LABORATORY

JUSTIN BOBACK

4555 OVERLOOK AVENUE SW

WASHINGTON DC 20375-5320

202-767-9215 FOB: Destination

0002 POP 01-FEB-2023 TO

31-JAN-2024

N/A (SAME AS PREVIOUS LOCATION)

0003 POP 01-FEB-2023 TO

0004 POP 01-FEB-2023 TO

1001 POP 01-FEB-2024 TO

31-JAN-2025

1002 POP 01-FEB-2024 TO

1003 POP 01-FEB-2024 TO

1004 POP 01-FEB-2024 TO

2001 POP 01-FEB-2025 TO

31-JAN-2026

2002 POP 01-FEB-2025 TO

2003 POP 01-FEB-2025 TO

2004 POP 01-FEB-2025 TO

3001 POP 01-FEB-2026 TO

31-JAN-2027

3002 POP 01-FEB-2026 TO

3003 POP 01-FEB-2026 TO

3004 POP 01-FEB-2026 TO

4001 POP 01-FEB-2027 TO

31-JAN-2028

4002 POP 01-FEB-2027 TO

4003 POP 01-FEB-2027 TO

4004 POP 01-FEB-2027 TO

52.242-15 Stop-Work Order AUG 1989 52.242-15 Alt I Stop-Work Order (Aug 1989) - Alternate I APR 1984 52.242-17 Government Delay Of Work APR 1984

Section G - Contract Administration Data

CONTRACT ADMINISTRATION DATA

Section G

CONTRACT ADMINISTRATION

G-1 CONTRACT ADMINISTRATION

In order to expedite administration of this contract, the following delineation of duties is provided, including the names and contact information, for each individual or office specified. Contact the individual/position designated as having responsibility for any questions, clarifications or information regarding the functions assigned herein.

(a) The Administrative Contracting Officer (ACO), designated in Block 26 on the Standard Form 33, will expedite administration of the contract and direct inquiries to the appropriate off ice listed below: None

(b) The Contract Administration Office (CAO) designated in Block 26 on the Standard Form 33 is responsible for all matters specified in FAR 42.302(a) and DFARS 242.302(a), except in those areas otherwise designated herein.

Contract Specialist

Contracting Officer

Erica Turner, Code 1330, erica.turner@nrl.navy.mil, (202) 923-1399

Arthur Rego, Code 1330, arthur.rego@nrl.navy.mil, (202) 923-1493

NRL Competition Advocate

NRLContracts@nrl.navy.mil

Security Matters Contracting Officer Representative for Security, Code 1226, (202) 767- 2240, DSN 297-2240, email security-group@nrl.navy.mil.

Safety Matters Head Safety Branch, Code 3540, (202)767-2232, safety@nrl.navy.mil Patent Matters Associate Counsel (Intellectual Property), Code 1008.2, (202) 404-1552, DSN 297-1552, email patents@nrl.navy.mil.

Release of Data Public Affairs Officer, Code 1030, (202) 767-2541, DSN 297-2541, email nrl1030@ccs.nrl.navy.mil. For FOIA information, see http://www.nrl.navy.mil/media/public-affairs-office/foia/.

(c) Inquiries regarding payment should be referred to DFAS at http://www.dod.mil/dfas/contractorpay/myinvoice.html

G-2 CONTRACTING OFFICER’S REPRESENATIVE (COR) — FUNCTIONS AND LIMITATIONS

(a) *To be updated upon award is hereby designated as the COR. Unless terminated sooner, this appointment is effective for the period of performance of this contract including any options, if exercised. COR authority may not be re-delegated. No change in COR assignment shall be made without written notice by the Contracting Officer, who will modify the contract to reflect the change of COR assignment. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor via contract modification.

(b) The responsibilities and limitations of the COR are as follows:

(1) Providing technical direction and guidance as necessary with respect to the performance of work under this contract. Technical direction and guidance may be used to provide technical advice/recommendations/clarifications on the statement of work/specifications. It MAY NOT be used to tell the contractor how to perform the work.

(2) Submitting interim and final Contractor Performance Assessment Reports (CPARS) at www.cpars.csd.disa.mil/cparsmain.htm.

(3) Quality assurance of services performed or deliveries made.

mailto:arthur.rego@nrl.navy.mil mailto:security-group@nrl.navy.mil mailto:safety@nrl.navy.mil mailto:patents@nrl.navy.mil mailto:nrl1030@ccs.nrl.navy.mil http://www.nrl.navy.mil/media/public-affairs-office/foia/ http://www.dod.mil/dfas/contractorpay/myinvoice.html http://www.cpars.csd.disa.mil/cparsmain.htm

(4) Inspection and acceptance of services or deliverables.

(5) Ensuring that Government-Furnished Property, to include any contractor use of on-site equipment and/or IT resources is adequately monitored and accounted for.

(6) Security requirements on Government installation, such as the request and retrieval of personnel security badges and vehicle passes.

(7) Monitoring contractor's performance and promptly report problems and recommendations for corrective action to the PCO.

(8) Annually, furnish a written report on performance of the contractor to the PCO. And, if deemed necessary, attending a follow-up meeting to discuss.

(9) Attend post award conference, if conducted.

(10) Ensuring a copy of all Government technical correspondence, to include Technical Direction Memorandums/Guidance, is forwarded to the PCO for placement in the contract file.

(11) Monitoring of funds expended.

(12) Ensuring that the Contractor does not exceed the defined statement of work set forth in the contract.

(c) Limitations: The COR is not authorized to take any action, either directly or indirectly, that could result in a change in the cost/price, quantity, quality, place of performance, delivery schedule, or any other terms or conditions of the contract. If, as a result of technical discussions, it is desirable to alter contract obligations or the statement of work/specifications, a modification must be issued in writing and signed by the Contracting Officer in order to effect such changes. No such changes shall be made without the express written prior authorization/direction of the Contracting Officer.

G-3 INFORMATIONAL SUBLINE ITEMS

It is anticipated that the research and development services performed under this contract will be paid for from multiple sources of funds. Informational subline items will be established as necessary to identify each accounting citation classification.

G-4 PAYMENT INSTRUCTIONS FOR MULTIPLE ACCOUNTING CLASSIFICATION CITATIONS (COST-

REIMBURSEMENT)

In accordance with PGI 204.7108, the new payment table provided at PGI 204.7108(b)(2) is not applicable to this contract; therefore, use PGI 204.7108(d)(12) Other and pay as follows: If there is more than one Accounting Classification Reference Number (ACRN) within a contract line item, the payment office will make payment using the ACRN(s) cited on the contractor's invoice. The non-standard clause (d)(12) “Other” provides a significantly better reflection of how funds will be expended in support of contract performance; and (b) are agreed to by the payment office and the contract administration office.

G-5 TECHNICAL DIRECTION MEMORANDUM (TDM)

(a) For the purposes of this clause, technical direction includes the following:

(1) Direction to the Contractor which shifts work emphasis between work areas or tasks, requires pursuit of certain lines of inquiry, fills in details or otherwise describes work which will accomplish the objectives described in the statement of work;

(2) Guidelines to the Contractor, which assist in interpretation of drawings, specifications or technical portions of, work description.

(b) Technical instructions must be within the scope of work stated in the contract. Technical instructions may not be used to:

(1) Assign additional work under the contract:

(2) Direct a change as defined in the contract clause entitled "Changes";

(3) Increase or decrease the estimated contract cost, the fixed fee, or the time required for contract performance;

or

(4) Change any of the terms, conditions or specifications of the contract

(c) The TDM shall be written by the Contracting Officer’s Representative (COR), with the original given to the Contractor and a copy retained in the CORs file. Technical direction may be issued orally only in emergency situations. If technical direction is issued orally, a TDM must follow within two (2) working days from the date of the oral direction. Amendments, corrections, or changes to TDMs shall also be in written format and shall include all the information set forth in paragraph (e) below.

(d) A TDM shall be considered issued when the Government deposits it in the mail, or if transmitted by other means, when it is physically delivered to the contractor.

(e) TDMs shall include, at a minimum, the following information:

(1) Date of TDM,

(2) Contract Number,

(3) Reference to the relevant portion or item in the Statement of Work,

(4) The specific technical direction or clarification,

(5) The type of work to be performed, i.e., (a) SETA support or (b) R&D work,

(6) A reference to the appropriate CLIN or SubCLIN,

(7) The anticipated level of effort, materials and travel expected as a result of the TDM,

(8) The JON, Program Element, and associated dollar amount, and

(9) The signature of the COR

(f) CORs shall provide a copy of each TDM with the necessary increment of funds to the Contracting Officer for retention in the official contract file. CORs shall retain all files containing TDMs for a period of two (2) years after the final contract completion date.

(g) The only individual authorized in any way to amend or modify any of the terms of this contract shall be the Contracting Officer. When, in the opinion of the Contractor, any technical direction calls for effort outside the scope of the contract or inconsistent with this special clause, the Contractor shall notify the Contracting Officer in writing within ten (10) working days after its receipt.

G-6 ELECTRONIC AND INFORMATION TECHNOLOGY (EIT)

In accordance with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), all EIT supplies and services provided under any resulting award must comply with the applicable accessibility standards issued by the Architectural and Transportation Barriers Compliance Board at 36 CFR part 1194 (see FAR Subpart 39.2).

Electronic and information technology (EIT) is defined at FAR 2.101.

G-7 IDENTIFICATION OF AWARDEE PERSONNEL ON-SITE AT NRL

Pursuant to DFARS 211.106, Awardee employees shall identify themselves as Awardee personnel by introducing themselves or being introduced as non-governmental personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, Awardee personnel shall appropriately identify themselves as Awardee employees in telephone conversations and in formal and informal written correspondence.

252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7006 Billing Instructions OCT 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving

Reports

DEC 2018

CLAUSES INCORPORATED BY FULL TEXT

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (DEC 2018)

(a) Definitions. As used in this clause—

“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) Electronic invoicing. The WAWF system provides the method to electronically process vendor payment requests and receiving reports, as authorized by Defense Federal Acquisition Regulation Supplement (DFARS) 252.232- 7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall—

(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) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site 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) WAWF methods of document submission. Document submissions may be via web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor shall use the following information when submitting payment requests and receiving reports in WAWF for this contract or task or delivery order:

(1) Document type. The Contractor shall submit payment requests using the following document type(s):

(i) For cost-type line items, including labor-hour or time-and-materials, submit a cost voucher.

(ii) For fixed price line items— https://www.sam.gov/ https://wawf.eb.mil/ https://wawf.eb.mil/

(A) That require shipment of a deliverable, submit the invoice and receiving report specified by the Contracting Officer.

Not Applicable

(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.

Invoice 2in1

(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 item financing, submit a commercial item 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) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table*

Field Name in WAWF Data to be entered in WAWF Pay Official DoDAAC To be populated upon award Issue By DoDAAC N00173 Admin DoDAAC** To be populated upon award Inspect By DoDAAC To be populated upon award Ship To Code To be populated upon award Ship From Code To be populated upon award Mark For Code To be populated upon award Service Approver (DoDAAC) To be populated upon award Service Acceptor (DoDAAC) To be populated upon award Accept at Other DoDAAC To be populated upon award LPO DoDAAC To be populated upon award DCAA Auditor DoDAAC To be populated upon award Other DoDAAC(s) To be populated upon award

(*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) Payment request. The Contractor shall ensure a payment request includes documentation appropriate to the type of payment request in accordance with the payment clause, contract financing clause, or Federal Acquisition Regulation 52.216-7, Allowable Cost and Payment, as applicable.

(5) Receiving report. The Contractor shall ensure a receiving report meets the requirements of DFARS Appendix F.

(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.

Ms. Donna Dargan Tel: 202-767-0547 Email: donnadargan@nrl.navy.mil

(2) Contact the WAWF helpdesk at 866-618-5988, if assistance is needed.

(End of clause)

252.232-7007 LIMITATION OF GOVERNMENT'S OBLIGATION (APR 2014)

(a) Contract line item(s) is/are incrementally funded. For this/these item(s), the sum of $---- of the total price is presently available for payment and allotted to this contract. An allotment schedule is set forth in paragraph (j) of this clause.

(b) For items(s) identified in paragraph (a) of this clause, the Contractor agrees to perform up to the point at which the total amount payable by the Government, including reimbursement in the event of termination of those item(s) for the Government's convenience, approximates the total amount currently allotted to the contract. The Contractor is not authorized to continue work on those item(s) beyond that point. The Government will not be obligated in any event to reimburse the Contractor in excess of the amount allotted to the contract for those item(s) regardless of anything to the contrary in the clause entitled "TERMINATION FOR THE CONVENIENCE OF THE GOVERNMENT." As used in this clause, the total amount payable by the Government in the event of termination of applicable contract line item(s) for convenience includes costs, profit and estimated termination settlement costs for those item(s).

(c) Notwithstanding the dates specified in the allotment schedule in paragraph (j) of this clause, the Contractor will notify the Contracting Officer in writing at least ninety days prior to the date when, in the Contractor's best judgment, the work will reach the point at which the total amount payable by the Government, including any cost for termination for convenience, will approximate 85 percent of the total amount then allotted to the contract for performance of the applicable item(s). The notification will state (1) the estimated date when that point will be reached and (2) an estimate of additional funding, if any, needed to continue performance of applicable line items up to the next scheduled date for allotment of funds identified in paragraph (j) of this clause, or to a mutually agreed upon substitute date. The notification will also advise the Contracting Officer of the estimated amount of additional funds that will be required for the timely performance of the item(s) funded pursuant to this clause, for subsequent period as may be specified in the allotment schedule in paragraph (j) of this clause, or otherwise agreed to by the parties. If after such notification additional funds are not allotted by the date identified in the Contractor's notification, or by an agreed substitute date, the Contracting Officer will terminate any item(s) for which additional funds have not been allotted, pursuant to the clause of this contract entitled "TERMINATION FOR THE

CONVENIENCE OF THE GOVERNMENT".

(d) When additional funds are allotted for continued performance of the contract line item(s) identified in paragraph

(a) of this clause, the parties will agree as to the period of contract performance which will be covered by the funds.

The provisions of paragraph (b) through (d) of this clause will apply in like manner to the additional allotted funds and agreed substitute date, and the contract will be modified accordingly.

(e) If, solely by reason of failure of the Government to allot additional funds, by the dates indicated below, in amounts sufficient for timely performance of the contract line item(s) identified in paragraph (a) of this clause, the Contractor incurs additional costs or is delayed in the performance of the work under this contract and if additional funds are allotted, an equitable adjustment will be made in the price or prices (including appropriate target, billing, and ceiling prices where applicable) of the item(s), or in the time of delivery, or both. Failure to agree to any such equitable adjustment hereunder will be a dispute concerning a question of fact within the meaning of the clause entitled "disputes."

(f) The Government may at any time prior to termination allot additional funds for the performance of the contract line item(s) identified in paragraph (a) of this clause.

(g) The termination provisions of this clause do not limit the rights of the Government under the clause entitled "DEFAULT." The provisions of this clause are limited to work and allotment of funds for the contract line item(s) set forth in paragraph (a) of this clause. This clause no longer applies once the contract is fully funded except with regard to the rights or obligations of the parties concerning equitable adjustments negotiated under paragraphs (d) or

(e) of this clause.

(h) Nothing in this clause affects the right of the Government to this contract pursuant to the clause of this contract entitled "TERMINATION FOR CONVENIENCE OF THE GOVERNMENT."

(i) Nothing in this clause shall be construed as authorization of voluntary services whose acceptance is otherwise prohibited under 31 U.S.C. 1342.

(j) The parties contemplate that the Government will allot funds to this contract in accordance with the following schedule:

On execution of contract $--

(month) (day), (year) $----

(month) (day), (year) $----

(month) (day), (year) $----

(End of clause)

Section H - Special Contract Requirements

SPECIAL CONTRACTS REQUIREMENTS

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H-1 TYPE OF CONTRACT

The Government contemplates a Cost Plus Fixed Fee (CPFF) contract.

H-2 KEY PERSONNEL REQUIREMENTS

(A) Certain skilled experienced professional and/or technical personnel are essential for successful Contractor accomplishment of the work to be performed under this contract. These are defined as "Key Personnel" as identified in AttachmentJ-2 to this contract and are those persons whose resumes were submitted for evaluation with the Contractor s proposal. The Contractor agrees that such personnel shall not be removed from the contract work or replaced without compliance with paragraphs (b) and (c) hereof.

(B) If one or more of the key personnel for whatever reason becomes, or is expected to become, unavailable for work under this contract for a continuous period exceeding thirty (30) work days, or is expected to devote substantially less effort to the work than indicated in the proposal or initially anticipated, the Contractor shall immediately notify the Contracting Officer and shall, subject to the concurrence of the Contracting Officer or his authorized representative, promptly replace such personnel with personnel of at least substantially equal ability and qualifications.

(C) All requests for approval of substitutions hereunder must be in writing and provide a detailed explanation of the circumstances necessitating the proposed substitutions. They must contain a complete resume for the proposed substitute, and any other information requested by the Contracting Officer or needed by him to approve or disapprove the proposed substitution. The Contracting Officer or his authorized representative will evaluate such requests and promptly notify the Contractor of his approval or disapproval thereof in writing.

(D) If the Contracting Officer determines that suitable and timely replacement of key personnel who have been reassigned, terminated or have otherwise become unavailable for the contract work is not reasonably forthcoming or that the resultant reduction of productive effort would be so substantial as to impair the successful completion of the contract or the services ordered, the contract may be terminated by the Contracting Officer for default or for the convenience of the Government, as appropriate, or, at the discretion of the Contracting Officer if he finds the Contractor at fault for the condition, the contract price or fixed fee may be equitably adjusted downward to compensate the Government for any resultant delay, loss, or damage.

H-3 REPORT PREPARATION

Scientific or technical reports prepared by the Contractor and deliverable under the terms of this contract will be prepared in accordance with format requirements contained in ANSI/NISO Z39.18-2005, Scientific and Technical Reports: Elements, Organization, and Design.

[NOTE: All NISO American National Standards are available as free, downloadable pdf(s) at http://www.niso.org/standards/index.html. NISO standards can also be purchased in hardcopy form from NISO Press Fulfillment, P. O. Box 451, Annapolis Junction, MD 20701-0451 USA. Telephone U.S. and Canada: (877) 736-6476; Outside the U.S. and Canada: 301-362-6904 fax: 301-206-9789.]

H-4 ORGANIZATIONAL CONFLICTS OF INTEREST

(a) Definitions.

The term “contractor” includes the Contractor and its employees, affiliates, marketing consultants (if any), consultants, and subcontractors at all tiers.

“Organizational Conflict of Interest” (“OCI”) means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Government, or the person’s objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. FAR 2.101. An OCI may result when (1) activities or relationships create an actual or potential conflict of interest related to the performance of the Statement of Work (SOW) of this Contract; or, (2) when the nature of the SOW on this Contract creates an actual or potential conflict of interest with respect to the Contractor in relation to a future acquisition.

“Marketing consultant,” means any independent contractor who furnishes advice, information, direction, or assistance to an offeror or any other contractor in support of the preparation or submission of an offer for a Government contract by that offeror. An independent contractor is not a marketing consultant when rendering—

(1) Services excluded in FAR Subpart 37.2; (2) Routine engineering and technical services (such as installation, operation, or maintenance of systems, equipment, software, components, or facilities); (3) Routine legal, actuarial, auditing, and accounting services; and (4) Training services.

(b) In accordance with the guidance in FAR Subpart 9.5, the Contracting Officer has determined that potentially significant organizational conflicts of interest (OCIs) could result if the Contractor is allowed to participate (at any level) in future Federal Government acquisitions that include requirements that may be established or affected by the performance of the Statement of Work (SOW) by the Contractor under this Contract.

(c) It is understood and agreed that the Contractor may be ineligible (unless expressly exempted as provided in FAR Part 9.5) to act as a prime contractor, subcontractor, or consultant or subcontractor to any prime contractor or subcontractor at any tier, for any future requirements (for services, systems, or components of systems) procured by any Federal Government activity where the Contractor, in performance of the SOW under this Contract, has provided or is providing support (as described in FAR 9.505-1 through 9.505-4) that establishes or affects future requirements or may affect the future competition.

(d) The contracting officer responsible for securing future requirements, in his/her sole discretion, may make a determination to exempt the Contractor from ineligibility as described in subparagraph (c) above provided the Contractor submits an acceptable mitigation plan.

(1) Items for consideration in a mitigation plan include the following: identification of the organizational conflict(s) of interest; a reporting and tracking system; an organizational conflict of interest compliance/enforcement plan, to include employee training and sanctions, in the event of unauthorized disclosure of sensitive information; a plan for organizational segregation (e.g., separate reporting chains); data security measures; and, non-disclosure agreements.

(2) The Government's determination regarding the adequacy of the mitigation plan or the possibility of mitigation is a unilateral decision made solely at the discretion of the Government and is not subject to the Disputes clause of the contract. The Government may terminate the contract for default if the Contractor fails to implement and follow the procedures contained in any approved mitigation plan.

(3) Nothing contained herein shall preclude the contracting officer in future Federal Government acquisitions from making his/her own determination as to whether an OCI exists and whether any such OCI has been successfully mitigated.

(e) The Contractor shall apply this clause to any subcontractors or consultants who: have access to proprietary information received or generated in the performance of this Contract; and/or, who participate in the development of data, or participate in any other activity related to this Contract which is subject to the terms of this clause at the prime contractor level.

(f) The Contactor agrees that it and its subcontractors at all levels shall use reasonable diligence in protecting proprietary data/information that is received or generated in performance of this Contract in accordance with this clause and any other clause of this Contract pertaining to the nondisclosure of information. The Contractor further agrees that neither it nor its subcontractors will willfully disclose proprietary data/information that is received or generated in the performance of this Contract without the prior permission of the Contracting Officer, and that proprietary information shall not be duplicated, used or disclosed, in whole or part, for any purpose other than to accomplish the work required by the Contract.

(g) The Contractor and its Subcontractors at all levels shall inform their employees that they are required to comply with the applicable requirements and restrictions contained in: restrictive markings applicable to data/information that they receive or generate in the performance of this Contract; FAR Subpart 9.5 pertaining to actual or potential OCIs; FAR 3.104 pertaining to requirements and restrictions under the Procurement Integrity Act; and, Defense FAR Supplement (DFARS) 252.204-7000 pertaining to “Disclosure of Information.”

(h) The Contractor agrees to enter into written agreements with all companies whose proprietary data it shall have access to and to protect such data from unauthorized use or disclosure as long as it remains proprietary. The Contractor shall furnish to the Contracting Officer copies of these written agreements. The Contractor agrees to protect the proprietary data and rights of other organizations disclosed to the Contractor during performance of this Contract with the same caution that a reasonably prudent Contractor would use to safeguard its own highly valuable property. The Contractor agrees to refrain from using proprietary information for any purpose other than that for which it was furnished.

(i) The Contractor shall not distribute reports, data or information of any nature received or arising from its performance under this Contract, except as provided by this Contract or as may be directed by the Contracting Officer.

(j) The Contractor agrees that if in the performance of this Contract it discovers a potential OCI, a prompt and full disclosure shall be made in writing to the Contracting Officer. This disclosure shall include a description of the actions the Contractor has taken, or proposes to take, to avoid or mitigate such conflicts.

H-5 SPECIAL CONTRACT REQUIREMENT REGARDING NON-DISCLOSURE OF

INFORMATION

Data includes all data, information and software, regardless of the medium (e.g. electronic or paper) and/or format in which the data exists, and includes data which is derived from, based on, incorporates, includes or refers to such data. In the course of performing this Contract, the Contractor may be or may have been given access to: Source Selection Information [as defined in Federal Acquisition Regulation (FAR) 3.104]; data that has been assigned (or data that is generated by the Contractor that should be assigned) a contractually required or other Government distribution control (such as a Distribution Statement prescribed in DoD Directive 5230.24);

and/or data that has been given a restrictive legend by the source of the data such as “business sensitive,” “proprietary,” “confidential,” or word(s) with similar meaning that impose limits on the use and distribution of the data (see for example FAR 52.215-1(e)). All such data with limitations on use and distribution are collectively referred to herein as “protected data.”

This Special Contract Requirement supplements and implements Defense FAR Supplement (DFARS) 252.204- 7000, “DISCLOSURE OF INFORMATION.” As a condition to receiving access to protected data, the Contractor shall: (1) prior to having access to protected data, obtain the agreement of the source of the protected data to permit access by the Contractor to such protected data; (2) use the protected data solely for the purpose of performing duties under this Contract unless otherwise permitted by the source of the protected data; (3) not disclose, release, reproduce or otherwise provide or make available the protected data, or any portion thereof, to any employee of the Contractor unless and until such employee has been informed of the restrictions on use and distribution of the protected data and agreed in writing to conform with the applicable restrictions; (4) not disclose, release, reproduce or otherwise provide or make available the protected data, or any portion thereof, to any non-Government person or entity (including, but not limited to, affiliates, subcontractors, successors and assignees of the Contractor), unless the Contracting Officer and the source of the protected data have given prior written approval (which shall be conditioned upon the person receiving the protected data having been informed of the restrictions on use and distribution of the protected data and having agreed in writing to conform with the applicable restrictions; (5) establish and execute safeguards to prevent the unauthorized use or distribution of protected data.

Any unauthorized use, disclosure or release of protected data may result in substantial criminal, civil and/or administrative penalties to the Contractor or to the individual who violates a restriction on use or distribution of protected data. Any agreement with another company regarding access to that company’s protected data shall not create any limitation on the Government or its employees with regard to such data. A copy of each executed company and individual non-disclosure agreement relating to this Contract shall be provided to the Contracting Officer’s Representative (COR).

Appropriate restrictive legends will be included by the Contractor on any copies and reproductions made of all or any part of the protected data and any data that is derived from, based upon, incorporates, includes or refers to the protected data. When the Contractor’s need for such protected data ends, the protected data shall be returned promptly to the source of the protected data with notice to the COR.

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